January 8, 2013
By using this Webite, you agree to be bound to these Terms and Conditions (“Terms”). We make the information, products and services provided on this Website available to you, conditioned on your acceptance without modification of these Terms. We reserve the right, in our sole discretion, to modify these Terms and any service fees, at any time, effective upon the date we post a new set of Terms on our Website. Your continued use of our Website constitutes your binding acceptance of these Terms, including any changes or modifications that we may make. If any part of these Terms or any future changes to these Terms are not acceptable to you, you may cancel by contacting us. We also reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or to any part of the Website at any time for any reason without prior notice or liability. We may change, suspend or discontinue all or any aspect of our services at any time, including the availability of any service feature, database, or content, without prior notice or liability. We reserve the right to remove and/or edit any material that you submit to us for any reason without prior notice to you and without liability to us. Our goal is to ensure timely processing; however, we do not guarantee that your submission will be processed within the expected timeframe. We will not have any liability to you as a result of service outages that are caused by our maintenance on the servers or the technology that underlies the service, failures of our service providers (including telecommunications, hosting and power providers) computer viruses, natural disasters or other destruction or damage of our facilities, an act of God, war, civil disturbance or other cause beyond our reasonable control.
Minors You represent and warrant that you are more than Eighteen (18) years of age. People aged Eighteen (18 ) or younger are not allowed to use, register or register other users at this site, nor may they purchase any and all services and/or products at this site. For more information, please contact us.
Legal Services; Attorney-Client Relationship Our website is not, nor is it intended to be, a source of legal advice, and no information on this Website (including any general information about legal matters) should be considered or relied upon as legal advice on any specific matter. You should never act upon general information on legal matters without consulting an attorney for individual advice regarding your own situation.
Use of this Webite for communications with us will not establish an attorney-client relationship. We will have no duty to keep confidential the information you transmit to us through use of this Website. Messages that are transmitted to us through use of this Website that contain confidential or time-sensitive information should not be sent. Our review of your information, even if highly confidential and transmitted in a good faith effort to retain us, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you. The only way to become our client is through a mutual agreement in a formal letter. Once someone becomes our client, we keep our client’s information confidential and otherwise disclose information we collect when required to do so by law or where reasonably necessary to protect our rights or those of a third-party.
Disclaimer of Liability for Our Products and Services TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE ARE NOT RESPONSIBLE FOR THE PRODUCTS AND/OR SERVICES YOU USE AND/OR PURCHASE FROM US OR OTHERS, WHETHER SOLD THROUGH OUR SITE, OR NOT, AND WHETHER THEY ARE OUR PRODUCTS AND/OR SERVICES, OR NOT. THERE ARE SOME STATES THAT DO NOT ALLOW DISCLAIMERS OF WARRANTIES AND/OR LIMITATIONS TO LIABILITY, SO THIS MAY NOT APPLY TO YOU. WE, OUR AFFILIATES, AND ASSIGNS WILL NOT BE LIABLE TO YOU, ANY AND ALL OTHER PERSON(S), AND/OR ANY AND ALL ENTITY(IES), FOR ANY AND ALL (INCLUDING, WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL, AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, AND/OR INTENTIONAL TORT) ARISING OUT OF OR IN CONNECTION WITH THE PURCHASE OR USE OF ANY AND ALL SAID PRODUCTS AND/OR, EVEN IF WE HAVE BEEN ADVISED OF, AND/OR KNEW OF, AND/OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. ANY AND ALL PRODUCTS AND/OR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WARRANTIES REGARDING ANY AND ALL PRODUCTS AND/OR SERVICES, EXPRESS, IMPLIED AND/OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. BY USING THIS SITE, AND/OR ORDERING ANY AND ALL PRODUCTS AND/OR SERVICES AFOREMENTIONED, YOU CONSENT TO THE TERMS OF THIS DISCLAIMER, AND SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF ORANGE COUNTY, FLORIDA WITH RESPECT TO ANY AND ALL CLAIMS MADE REGARDING ANY AND ALL PRODUCTS AND/OR SERVICES, AND/OR THE USE OF SAME. THE PREVAILING PARTY IN ANY DISPUTE (INCLUDING, WITHOUT LIMITATION, LITIGATION AND APPEALS) INVOLVING ANY AND ALL PRODUCTS AND/OR SERVICES, AND/OR THEIR USE, SHALL BE ENTITLED TO REASONABLE ATTORNEY(S) FEES. YOU AGREE TO DEFEND, SAVE, AND/OR HOLD US HARMLESS FROM ANY AND ALL CLAIMS MADE, AND/OR ANY AND ALL ATTORNEY(S) FEES INCURRED, WITH RESPECT TO THE PURCHASE AND/OR USE OF ANY AND ALL PRODUCTS AND/OR SERVICES BY (A) THIRD PARTY(IES).
Return Policy The return policy for each product and/or service varies. Please refer to the particular product or service description for the terms governing return. For the avoidance of doubt, if a return policy is not stated with regard to any product or service, all sales shall be deemed final and we will not accept any returns.
Your Content By submitting material to us, you represent and warrant that: We, our customers and licensees shall not be required to make any payments with respect to material that you submit, including, but not limited to, payments to you, third parties, publishers, agents, performance and/or mechanical rights societies and/or collectors, persons who contributed to or appear in your materials, your licensors, unions or guilds; You have full right and power to enter into and perform under these Terms, and have secured all third-party consents, licenses and permissions necessary to enter into and perform under these Terms; The material that you submit does not contain “samples” of any third party’s content and will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy or moral rights; The material that you submit is not and will not violate any law, statute, ordinance or regulation; The material that you submit is not and will not be defamatory, trade libelous, pornographic or obscene; and, You are at least eighteen years of age. By submitting content to us, you grant us, our affiliates, and our business partners an irrevocable, worldwide, royalty-free, nonexclusive license to: publicly perform, publicly display, broadcast, encode, edit, alter, modify, reproduce, transmit, manufacture, distribute, sell and synchronize with visual images your material, in whole or in part, alone or in compilation with content provided by third parties, through any medium now known or hereafter devised for any and all purposes whatsoever, including without limitation: (i) demonstrating, promoting or distributing your material to users seeking to download or otherwise acquire it and/or (ii) storing the work in a remote database accessible by users; and/or (iii) making your material accessible as text, audio and/or video streams; and/or (iv) using any trademarks, service marks or trade names incorporated into your material and use the likeness of any individual whose performance or image is contained in your material.
Protect your Password and Subscription You agree to provide true, accurate, current and complete information about yourself as requested in our registration process and to keep your information up to date. You may not reveal your subscription password to anyone else and you may not use anyone else’s password. You are responsible for maintaining the confidentiality of your subscription account and password. Unauthorized access of our services is a breach of these Terms and a violation of the law.
Requests for Removal of Listings If you believe that material you own has been copied and made accessible in a manner that violates your intellectual property rights, please notify us immediately. We will consider such requests individually.
Third Party Sites and Content Our Websites contain links to other Internet sites that our business partners and other third parties own or operate. Your use of each of those sites is subject to the terms and conditions, if any, that each of those sites have posted. We have no control over third party sites and we are not responsible for any changes to or content on them. Our inclusion of any material in our search database or a link on our sites is not an endorsement of that material or link or the companies that own or operate the material or linked sites.
Your Conduct You agree that you will not use any robot, spider, scraper, sniffer or other automated means to access the Site for any purpose without our express written permission. In addition, certain material that you submit may, in our sole discretion, also become available to certain partners around the world. If we discover that you have manipulated the data or statistics for certain materials, we reserve the right to remove the material from our site and any of our Affiliates. The content provided by our services is intended for your personal, noncommercial use. All materials, including, but not limited to, photographs, graphics, images, illustrations, sound clips and flash animation are protected by copyright. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display or in any way exploit any of the materials or content or our services in whole or part. If we offer bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the “Forums”) at any time, you agree to use any Forum only to send and receive messages and material that are proper and related to that particular Forum. Without limiting the foregoing, you agree that you will not (i) defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others; (ii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; (iii) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer; (iv) advertise or offer to sell any goods or services for any commercial purpose; (v) conduct or forward surveys, contests, pyramid schemes or chain letters; (vi) download any file posted by another user of a forum that you know or reasonably should know, cannot be legally distributed in such matter, (vii) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; or (viii) restrict or inhibit any other user from using and enjoying the forum. We reserve the right to terminate your access to any or all of the forums at any time without notice for any reason whatsoever. If, in our sole discretion, you choose a username that is obscene, indecent, abusive or which might otherwise subject our site to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from the Forums, deny you access to the Forums, or any combination of these options. If you continue to choose usernames that we find objectionable, we reserve the right to permanently terminate your access to the Forums, the Service or both. You will not use our services and/or products for illegal purposes. Use of services and products is subject to existing laws and legal process, and nothing contained herein shall limit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of same, or information provided to or gathered by us with respect to such use.
Legal Policies You hereby agree to indemnify, defend, save and hold us, and all of our officers, directors, owners, agents, information providers, affiliates, assigns and licensors (collectively, the “Owners”) harmless from and against any and all liability, losses, costs and expenses (including attorneys’ fees) incurred in connection with any claim arising out of (1) any use or alleged use of your account or password by any person, whether or not authorized by you, (2) any claim arising out of the material that you submit, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, trademark infringement and any claim or liability relating to the content, quality, or performance of materials that you submit. We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. The listing, or absence of listing, of any document in our search database does not imply any warranty or guarantee by us, for any companies, products, or services described in such documents. We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the our search results. We disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the World Wide Web or Internet using our search results. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF OUR SERVICES OR CONTENT. SERVICES AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH US IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR STORING ON YOUR COMPUTER OF ANY SUCH MATERIAL. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SERVICES, CONTENT, AND/OR PRODUCTS, AND/OR ANY PRODUCTS AND/OR SERVICES SOLD THROUGH US. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SAID PRODUCTS OR SERVICES AND THE ACCURACY OR COMPLETENESS OF ANY AND ALL CONTENT. WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SERVICES AND PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE RESERVE THE RIGHT TO TERMINATE THE SERVICE AT ANY TIME WITHOUT NOTICE. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimers may not apply to you only as they relate to implied warranties. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
Reservation of Rights We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary rights that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our Website, services and/or products without our prior written consent.
National Do Not Call Registry Please be advised that if you complete a contact form on the Site, you have expressly agreed to be contacted via telephone by us, regardless of whether you are listed on the National Do Not Call Registry.
Consent to Receive Marketing Users and subscribers specifically consent to receive e-mails and marketing materials from us, its affiliated companies and authorized vendors but may opt out at any time.
Notification of Copyright Infringement If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following address:
David B. Pakula, P.A.
Board Certified Appellate Lawyer
12301 Taft Street, Suite 200
Pembroke Pines, Florida 33026
Results May Vary EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT OUR PRODUCTS, SERVICES AND PROGRAMS. EXAMPLES AND TESTIMONIALS ON THE SITE ARE NOT BE TO INTERPRETED AS PROMISES OR GUARANTEES OF EARNINGS OR RESULTS.
David B. Pakula, P.A.
Board Certified Appellate Lawyer
12301 Taft Street, Suite 200
Pembroke Pines, Florida 33026