WIDERMAN MALEK, P.L.
TERMS OF USE & LEGAL DISCLAIMER
Effective Date: January 1, 2019
These Terms of Use and Legal Disclaimer (these “Terms”) apply for all purposes to your use of the Widerman Malek, P.L. (the “Firm”, “we”, “us”, “our”) website (the “Site”), and by using the Site you expressly and voluntarily agree and acknowledge that these Terms, as amended from time to time by the Firm and posted on the Site effective as dated above, shall govern such use. If you do not want to agree to these Terms, you must not access or use the Site.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you.
Legal Disclaimer
The Site is for general information only. The information presented on the Site is not intended to be, and does not constitute, legal advice, and your use of it does not create an attorney-client relationship. Any reliance you place on such information is strictly at your own risk. The Firm disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be information of any of its contents.
No visitor to the Site should act on the basis of any content included herein without seeking the appropriate legal advice from qualified counsel. Any prior results described on Site do not guarantee a similar outcome and is not meant to indicate that the same or similar results can or will be obtained in other cases or situations. Results will vary depending on the facts and circumstances of each individual matter.
Images used on the Site may be those of actors depicting fictional scenes. References to past or present clients or the circumstances of their specific matters do not constitute testimonials or endorsements by such clients, and further do not provide a guaranty, warranty or prediction of the outcome of your legal matter.
Electronic mail or other communications through the Site (or any of its lawyers, other employees, agents or representatives) are not secure. Accordingly, the Firm does not guarantee the confidentiality of such communications.
To the extent the bar rules in your jurisdiction require us to designate a principal office and/or single attorney responsible for the Site, the Firm designates its office in Melbourne, Florida, as its principal office and designates Mark Malek, Esq. as the attorney responsible for the Site.
Attorneys of the Firm are licensed to practice law only in the jurisdictions indicated in their biographies on the Site.
The Site may constitute advertising material. Photographs are for dramatization purposes only.
Information about You and Your Visits to the Site
All information we collect on the Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Intellectual Property
All copyrightable text and graphics, the original selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of this Site are © 2019 Widerman Malek, P.L. All rights reserved. Permission is granted to download and print materials from the Site for the limited purpose of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission, or modification of information or materials on this site, whether in electronic or hard copy form, without the express prior written permission of Widerman Malek, P.L. is strictly prohibited. Widerman Malek, PL, Tactical IP Blog, and “We Put All The Pieces Together” are trademarks of Widerman Malek, PL. Other trademarks are owned by their respective owners.
User Conduct
You agree to comply with all applicable laws and regulations in connection with your use of the Site.
You shall not use the information on the Site to distribute unsolicited bulk e-mails, solicitations or inquiries. The foregoing acts will constitute a violation of these Terms.
You will not violate, attempt to violate, or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of Site. Without limiting the foregoing, you agree not to: (a) attempt or to enable others to attempt to gain unauthorized access to any other accounts, computer systems or networks connected to any server of the Firm or to any of the materials contained therein, through hacking, password theft or any other means; (b) attempt or enable other to attempt to obtain any materials through any means that the Firm has not intentionally made available on the Site; or (c) use the Site or the materials therein in any manner that could damage, disable, overburden, or impair any server of the Firm, or the network(s) connected to any server of the Firm, or that might interfere with any other person’s access to or use or enjoyment of any materials on the Site.
Links from the Site
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Limitation of Liability and Disclaimer of Warranties
THE SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
NEITHER THE FIRM NOR ITS PARTNERS, MEMBERS, ATTORNEYS, EMPLOYEES, AGENTS, AFFILIATES AND SUPPLIERS (THE “FIRM PARTIES”) MAKE ANY, AND HEREBY DISCLAIM ALL, WARRANTIES THAT MIGHT ARISE FROM YOUR USE OR RELIANCE ON THE SITE AND THE MATERIALS INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
THE FIRM PARTIES WILL BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR MATERIALS RELATED THERETO, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTORY OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF THE FIRM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY OF ITS ESSENTIAL PURPOSE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR ITS MATERIALS IS TO STOP USING THE SITE OR THE MATERIALS.
TO THE EXTENT THAT THE FIRM MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF THE FIRM’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
General
Any and all disputes or claims arising out of or relating these Terms or your use of Site or materials therein shall be brought exclusively in and resolved by the Federal or State courts located in and for Brevard County, Florida, and you hereby unconditionally and irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose, and irrevocably waive any objection to the laying of venue therein based on lack of jurisdiction, inconvenience or otherwise.
IN THE EVENT OF ANY SUCH DISPUTE OR CLAIM, YOU (AND THE FIRM PARTIES) VOLUNTARILY AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY, AND AGREE THAT ANY SUCH DISPUTE SHALL BE RESOLVED SOLELY BY A JUDGE, AND AGREE THAT SUCH WAIVER IS A MATERIAL INDUCEMENT TO THE FIRM TO PERMIT USE OF THE SITE BY YOU. FURTHER, IN THE EVENT OF ANY SUCH DISPUTE, YOU VOLUNTARILY AND IRREVOCABLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, AND AGREE THAT SUCH DISPUTE SHALL BE RESOLVED AS BETWEEN YOU AND THE FIRM, OR THE FIRM PARTIES AS APPLICABLE, AND YOU SHALL NOT PARTICIPATE IN ANY JOINDER OR CONSOLIDATED ACTION AGAINST THE FIRM RELATED TO SUCH DISPUTE.
No waiver by the Firm of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Firm to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any term or provision of these Terms is held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision so held shall be severed herefrom without effect to the remaining terms and provisions of these Terms, which shall remain in full effect and force.
Arbitration
At Firm’s sole discretion, it may require you to submit any disputes arising from the use of these Terms or the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.
