Terms of Service
Effective Date: May 13, 2025
Welcome to Toups & Co. These Terms of Service ("Terms") govern your access to and use of our services, website, and any related platforms or applications (collectively, the "Services"). By using our Services, you agree to be bound by these Terms and any related policies or agreements referenced herein. If you do not agree to these Terms, please refrain from using our Services.
- Acknowledgment & Modifications: Toups & Co. may modify these Terms from time to time without advance notice. Your continued use of our Services constitutes your agreement to any updated Terms. It is your responsibility to review these Terms periodically.
- Service Delivery: Services may be delivered remotely by Toups & Co. or on-site at the client’s location, as outlined in any specific agreement. Completion timelines will be set forth in client-specific contracts.
- Access and Use: Clients are granted a limited, non-exclusive, non-transferable license to use the Services for internal business purposes. Unauthorized resale, sublicensing, reverse engineering, or misuse of the Services is prohibited.
- Exclusivity: While engaged with Toups & Co., clients agree not to contract with any other freelance legal support provider offering similar services during the term of the agreement unless otherwise approved in writing by Toups & Co.
- Confidentiality & Client Privacy: Toups & Co. will not use or disclose any confidential information received from a client for any purpose outside the scope of services, nor will we disclose to a client’s client that we are a third-party provider. Confidential information includes, but is not limited to, non-public business, legal, or personal information.
- HIPAA Compliance: Toups & Co. complies with the Health Insurance Portability and Accountability Act (HIPAA) and maintains appropriate administrative, technical, and physical safeguards to ensure the privacy and security of protected health information (PHI). All team members are trained in HIPAA compliance and follow strict confidentiality protocols when handling PHI.
- Intellectual Property: Toups & Co. retains all rights, title, and interest in any original work product created in the course of delivering services. Clients receive a limited license to use such materials for their intended business purposes. Reuse, distribution, or modification outside of these uses requires written consent.
- Non-Solicitation: Clients agree not to solicit, hire, or otherwise engage with any Toups & Co. employee or contractor during the term of service and for a period of two (2) years after termination. This applies directly and indirectly, including through third parties. If a client breaches this clause, they agree to pay Toups & Co., as liquidated damages and not as a penalty, a one-time fee equivalent to one year of the employee's or contractor's annualized compensation at the time of departure, or $25,000, whichever is greater.
- Appropriate Conduct: Clients agree to maintain a professional, safe, and respectful environment for all Toups & Co. personnel. Harassment, threats, or unsafe working conditions may result in immediate termination of Services without refund and full payment may still be required.
- Cancellations and No-Shows: Clients must provide prompt notice of any cancellation or rescheduling needs. Toups & Co. is not obligated to rebook canceled services or refund payments for no-shows or missed service opportunities due to client-related issues.
- Limitation of Liability: The maximum liability of Toups & Co. under any agreement shall not exceed the total amount paid for Services. Toups & Co. is not liable for indirect, incidental, or consequential damages arising from service use.
- Indemnification:
You agree to indemnify, defend and hold harmless Toups & Co. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party arising from the use or misuse of our Services. - Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Louisiana.
- Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Services provided by Toups & Co. shall be resolved through final and binding arbitration in Baton Rouge, Louisiana, in accordance with the rules of the American Arbitration Association. The parties agree to waive their rights to a jury trial or to participate in class actions.
- Severability: If any part of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.
- Third-Party Links: Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. - PERSONAL INFORMATION: Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
- ERRORS, INACCURACIES AND OMISSIONS: Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to services, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your inquiry).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. - PROHIBITED USES: In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
- Entire Agreement: These Terms, together with any other written agreement between Toups & Co. and the client, constitute the entire agreement. All prior discussions, emails, or communications are merged herein unless expressly incorporated.
- Notice All notices must be sent via email to the addresses specified in the signed client agreement or through an official Toups & Co. channel.
If you have questions about these Terms, please contact us at admin@btoupsandco.com or visit our website.
Toups & Co.
9191 Siegen Lane, Building 1
Baton Rouge, LA 70810