Terms & Conditions
These are the terms and conditions that govern the use of our website. These should be read in conjunction with our Privacy Notice.
Revised: July 9, 2021
By accessing and interacting with the domain the Site, its sub-domains and affiliated sites (collectively, the “Site”), you agree to be bound by the following terms and conditions (collectively, “Terms and Conditions”) and our privacy notice (the “Privacy Notice”). For purposes of these Terms and Conditions and the Privacy Notice, the terms “we,” “us,” or “our” means The Speiser Law Firm, P.A.
These Terms and Conditions contain an agreement to arbitrate all claims and disclaimers of warranties and liability.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Content of the Site is Not Legal Advice
THE INFORMATION OFFERED ON THIS SITE DOES NOT CONSTITUTE LEGAL ADVICE. INFORMATION ON THE SITE IS INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON. INFORMATION ON THIS SITE SHOULD BE USED ONLY FOR THE PURPOSE OF AIDING IN THE SELECTION OF QUALIFIED COUNSEL.
WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY LEGAL INFORMATION YOU ENCOUNTER ON OR THROUGH THE SITE. ANY USE OR RELIANCE ON LEGAL INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.
YOU UNDERSTAND THAT QUESTIONS AND ANSWERS OR OTHER POSTINGS TO THE SITE ARE NOT CONFIDENTIAL AND ARE NOT SUBJECT TO ATTORNEY-CLIENT PRIVILEGE.
Sending Us Electronic Correspondence Does Not Make You Our Client
SENDING US AN EMAIL OR OTHER ELECTRONIC CORRESPONDENCE DOES NOT MAKE YOU A CLIENT OF OUR FIRM. UNTIL WE HAVE AGREED TO REPRESENT YOU, NOTHING YOU SEND US IS CONFIDENTIAL OR PRIVILEGED. ACCORDINGLY, PLEASE DO NOT SEND US ANY CONFIDENTIAL INFORMATION BY EMAIL OR OTHER ELECTRONIC CORRESPONDENCE EXCEPT AT THE SPECIFIC REQUEST OF A LAWYER OF THIS FIRM. UNSOLICITED EMAILS MAY NOT BE READ, AND WE BEAR NO RESPONSIBILITY TO READ OR RESPOND TO ANY SUCH EMAILS OR OTHER ELECTRONIC CORRESPONDENCE.
Amendments of these Terms and Conditions
We reserve the right to update, amend, and change these Terms and Conditions at any time in our sole discretion and without notice to you. If we do this, we will post the changes to these Terms and Conditions on the Site and will indicate at the top of this page the date these terms were last revised. You are encouraged to revisit these Terms and Conditions from time to time in order to review any changes that have been made. Our last update was July 9, 2021. Your continued access and use of the Site following the posting of any such changes shall automatically be deemed your acceptance of all changes. It is your duty to check these Terms and Conditions to determine if there have been any changes to these Terms and Conditions and to review such changes.
Consideration and Your Compliance with these Terms and Conditions
You acknowledge that these Terms and Conditions are supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use, and submit information to the Site. You represent that you have the capacity to be bound by these Terms and Conditions or, if you are acting on behalf of a company or other entity, that you have the authority to bind such company or entity. In order to determine your compliance with these Terms and Conditions, we may monitor your access and use of the Site in accordance with our Privacy Notice.
Your Access and Use of the Site
Your right to access and use the Site is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Site for lawful purposes and pursuant to these Terms and Conditions and our Privacy Notice.
Your access and use of the Site may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site, or other actions that we, in our sole discretion, may elect to take. We reserve the right to suspend or discontinue the availability of the Site and any portion or feature of the Site at any time in our sole discretion and without prior notice.
Any action by you that, in our sole discretion, (i) violates the terms and conditions of these Terms and Conditions and/or our Privacy Notice, (ii) restricts, inhibits or prevents any access, use or enjoyment of the Site, or (iii) through the use of the Site, defames, abuses, harasses, offends, or threatens, shall not be permitted, and may result in your loss of the right to access and use the Site.
Our Intellectual Property Rights
The names “speiserlaw.com,” and our graphics, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress, in the United States and other countries (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without our prior express written permission, which permission may be withheld in our sole discretion. We make no proprietary claim to any third-party names, trademarks, or service marks appearing on the Site. Any third-party names, trademarks, and service marks are property of their respective owners. No copying, distribution, redistribution, transmission, publication, or use is permitted by you without our express prior written permission, which permission may be withheld in our sole discretion.
We encourage and permit you to include text links to content on the Site on your website(s) provided that: (a) any text-only link must clearly be marked “speiserlaw.com,” (b) any link that is not text-only must be our approved logo and accompanying code; (c) the link must further the Site and its purpose; (d) the appearance, position, and other aspects of the link and host website may not be misleading, fraudulent, or in any other manner damage or dilute the goodwill associated with our name and trademarks, as determined by us in our sole discretion; (e) the appearance, position and other aspects of the link and host website may not create the false appearance than an entity other than us is associated with the link, or that the host website is sponsored by us; (f) the link, when activated by an internet user, must display the Site full-screen and not with a “frame” on the linked website; and (g) we reserve the right to revoke our consent to the link at any time, in our sole discretion, upon notice to you or by amending these Terms and Conditions.
We are not responsible for any information, content, or materials contained or provided for on any such host website. Links to the Site are allowed solely for convenience to internet users and to further the Site and its purpose, and are not intended as an endorsement by us of the organization or individual operating the host website or a warranty of any type regarding the host website or the information on the host website.
There may be provided on the Site links to other websites belonging to our advertisers, business partners, affiliates, and other third parties. Such links do not constitute our endorsement of those websites, nor the products or services listed on those websites. We are not responsible for the activities or policies of those websites. We do not endorse or recommend the products of any particular advertiser, business partner, affiliate, or other third party. You agree that we are not responsible or liable for any action or inaction of any party to a transaction, for any failure to perform, for any failure to deliver any merchandise or services promised, or for any losses or damages you may incur as the result of your dealings win any advertisers, business partners, affiliates, and other third parties.
Access and Interference
You agree that you will not use any robot, spider, scraper, deep link, or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy, or monitor the Site or any portion of the Site or for any other purpose, without our express written permission, which may be withheld in our sole discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your personal information) from the Site without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass measures we may use to prevent or restrict access to the Site. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials form the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You shall not collect or harvest any personally identifiable information, including account names, from the Site. You shall not use any communication systems provided on the Site for any commercial or solicitation purposes. You agree not to solicit for commercial purposes any users of the Site without our prior written consent.
When you visit the Site or send e-mail or other electronic correspondence to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
No Representations or Warranties
THE CONTENT, INCLUDING ALL LEGAL INFORMATION, AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR ASSOCIATED WITH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES INCLUDED ON OR ASSOCIATED WITH THE SITE IS AT YOUR SOLE RISK.
WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE, NOR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE. WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM THE SITE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.
The Site is controlled and offered by us from our facilities in the United States of America. We make no representations that the Site is appropriate or available for use in other jurisdictions. If you access or use the Site from other jurisdictions, you do so by your own volition and are solely responsible for compliance with local law.
Limitations on Our Liability
WE SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THESE TERMS AND CONDITIONS; (II) YOUR ACCESS AND USE OF THE SITE; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE THE SITE FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE, OUR AFFILIATES AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, MEMBERS, EMPLOYEES AND AGENTS ARISING OUT OF THESE TERMS AND CONDITIONS SHALL NOT EXCEED $100.
WE ARE NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION, ATTORNEY, CPA, OR OTHER SERVICE PROVIDER PROFILE INFORMATION.
WE HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY LEGAL INFORMATION YOU ENCOUNTER ON OR THROUGH THE SITE, AND ANY USE OR RELIANCE ON LEGAL INFORMATION IS SOLELY AT YOUR OWN RISK.
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you.
Your Indemnification of Us
You shall defend, indemnify, and hold harmless us and our officers, directors, members, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of these Terms and Conditions by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by us; (iii) your access or use of the Site; and/or (iv) access or use of the Site under any password that may be issued to you.
You acknowledge that we may be irreparably damaged if these Terms and Conditions are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms and Conditions by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms and Conditions. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Palm Beach County, Florida, or the United States District Court, Southern District of Florida. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
Governing Law; Arbitration
You agree that: (i) the Site shall be deemed solely based in the State of Florida; and (ii) the Site shall be deemed a passive internet web site that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the State of Florida. These Terms and Conditions is to be governed by and construed in accordance with the internal laws of the State of Florida, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to these Terms and Conditions, except for an injunctive action regarding a breach or threatened breach of any provision of these Terms and Conditions by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Palm Beach County, Florida.
THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING THE SITE YOU CONSENT TO THESE RESTRICTIONS.
You and we shall select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and us, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Broward County, Florida.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction.
Notwithstanding the previous sentence, in no event shall either you or we be entitled to punitive damages and both you and we hereby waive your and our respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.
If any portion of these Terms and Conditions is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, these Terms and Conditions as a whole shall not be deemed unlawful, void, or unenforceable, but only that portion of these Terms and Conditions that is unlawful, void, or unenforceable shall be stricken from these Terms and Conditions.
The headings contained in these Terms and Conditions are for convenience of reference only, are not to be considered a part of these Terms and Conditions, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms and Conditions.
All covenants, agreements, representations, and warranties made in these Terms and Conditions, as may be amended by us from time to time, shall survive your acceptance of these Terms and Conditions and the termination of these Terms and Conditions.
These Terms and Conditions and our Privacy Notice represent the entire understanding and agreement between you and us regarding the subject matter of the same, and supersede all other previous agreements, understandings, and representations regarding the same.