TERMS OF SERVICE
Lior Leser PA
dba LYL Law Group
Last Updated: February 20, 2011
Please read the following general website Terms and Conditions (these "TCs" or “Agreement”) carefully before accessing or using web20lawyer.com, web20lawyer.blogspot.com, web20attorney.com, web20legal.com or lyllaw.com websites (the “Site” or “Sites”) or before using the various services we provide or purchasing the various products we sell online, as defined below, so that you are aware of your legal rights and obligations with respect to the Sites or Lior Leser PA dba LYL Law Group, its affiliates, parents and subsidiaries (individually and collectively, "we," "us," or "WEB20LAWYER").
User/visitor access to the Sites is void and unauthorized where prohibited by applicable law or regulation.
BY USING OR ACCESSING THE SITES OR USING OUR SERVICES, INCLUDING AGREEING TO PARTICIPATE IN A SERVICE OE PURCHASING LEGAL PRODUCTS, YOU (I) SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THESE GENERAL TCs AND (II) REPRESENT THAT YOU ARE OF LEGAL AGE TO AGREE TO THESE TCs.
IF YOU ARE YOUNGER THAN 18 YEARS OLD, YOU ARE NOT ALLOWED TO USE OR EVEN ACCESS THE SITES AND/OR THE SERVICES OR TO CREATE AN ACCOUNT.
PLEASE DO NOT USE THE SITES, WHETHER AS A VISITOR, USER OR MEMBER, IN THE EVENT YOU DO NOT AGREE OR CONSENT TO BE BOUND BY THESE TCs.
BY VISITING THE SITES YOU AND US HAVE NOT ENTERED INTO AN ATTORNEY-CLIENT RELATIONSHIP AND OUR COMMUNICATION MAY NOT BE PROTECTED UNDER AN ATTORNEY-CLIENT PRIVELEGE UNLESS AFFIRMATIVE STEPS ARE TAKEN BY BOTH YOU AND US TO EXECUTE A LEGALLY BINDING ATTORNEY RETAINER AGREEMENT.
LIOR LESER IS LICENSED TO PRACTICE LAW IN FLORIDA AND CALIFORNIA.
IMPORTANT INFORMATION TO NOTE:
· Any controversy, claim, demand or dispute arising out of or in relation to any portion of this Agreement, or the breach thereof, must be resolved by a court located in Miami-Dade County, Florida.
· As long as you access or use the Sites, you accept and agree to be bound by these TCs, any rules of the Sites, and the Privacy Policies of the Sites and/or Services (as hereinafter defined). Said acceptance shall be in full force and effect for as long as you utilize the Services (as hereinafter defined).
· Please make sure that you visit these TCs often to check for any updates or revisions. Your continued use of the Sites after changes or revisions have been made constitutes your acceptance of such updates or revisions irrespective of whether you examined, checked, read or agreed to any of the changes made. If at any time, you disagree with these TCs or any subsequent revisions made, it is your sole responsibility to discontinue use of the Sites or the Services (as hereinafter defined).
1. The Sites. Our Sites are designed to provide you with a variety of information concerning (i) services we offer; (ii) our attorneys and their experience; (iii) the geographic and legal subject matter areas in which we practice; (iv) legal products we sell online; and (v) other materials concerning our firm. Our Sites also allows visitor/users to request information, including, but not limited to requests for or subscriptions to WEB20LAWYER newsletters, legal publications or Legal Products (as hereinafter defined)).
Services. As part of the services offered on our Sites, available to visitors of our Sites will be a variety of legal forms, services and other products for your use (“Legal Products”) in addition to our newsletters and legal publications (“Services”). These Legal Products and Services are provided on an “As-Is” basis and do not constitute legal advice. BY USING THE SITES OR USING OUR SERVICES, YOU AND US HAVE NOT ENTERED INTO AN ATTORNEY-CLIENT RELATIONSHIP AND OUR COMMUNICATION MAY NOT BE PROTECTED UNDER AN ATTORNEY-CLIENT PRIVELEGE UNLESS AFFIRMATIVE STEPS ARE TAKEN BY BOTH YOU AND US TO EXECUTE A LEGALLY BINDING ATTORNEY RETAINER AGREEMENT.
2. The Relationship Between These TCs and Applicable Ethics Rules: We have taken efforts to conform these TCs with prevailing ethics rules as well as other rules that apply to our legal practice (“Ethics Rules”). If circumstances arise where applicable Ethics Rules conflict with these TCs, then the applicable Ethics Rules will govern our relationship and not the conflicting portions of these TCs.
3. Grant of Use Rights: Provided you comply with these TCs, we grant you a non-exclusive, non-transferable, revocable and limited license to access all areas of the Sites for the purposes of (i) learning more about our services; (ii) registering to purchase and/or receive newsletters and other materials, including, but not limited to Legal Products; and (iii) communicating through the Sites. You may not use any device, software or routine to interfere, or attempt to interfere, with the proper functioning of the Sites and/or Services. You may not take any action that imposes an unreasonable or disproportionately large load on the Sites’ infrastructure.
4. WEB20LAWYER Reservation of Rights: All information, software, artwork, text, video, audio, pictures, Legal Products and other content on the Sites (“Content”), and the trademarks, service marks and logos contained therein (the “Marks”), including all associated intellectual property rights, are the property of WEB20LAWYER and its licensors, and are protected by copyright and other intellectual property laws. WEB20LAWYER retains all rights with respect to the Sites except those expressly granted herein. The copying, redistribution or publication by you of any part of the Sites, Legal Products and Services is strictly prohibited unless otherwise expressly permitted. You do not acquire ownership rights to any Content, Marks, Legal Products, services or other materials viewed at, on or through the Sites and Services.
5. Links to Third-Party Sites: The Sites may contain links or produce search results that reference links to third party web sites (collectively “Third-Party Sites”). WEB20LAWYER has no control over these Third-Part Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Third-Party Sites. WEB20LAWYER does not endorse the content of any Third-Party Site, nor does WEB20LAWYER warrant that a Third-Party Site will be free of computer viruses or other harmful code that can impact your computer. By using the Sites to search for or link to another site, you agree and understand that such use is at your own risk.
6. Term/Termination: WEB20LAWYER reserves the right at any time to terminate or suspend your access to some or all Sites if you engage in activities we conclude, in our sole and absolute discretion, a breach of this Agreement.
WEB20LAWYER may provide notice to you of such termination through any reasonable means including, but not limited to, sending notice to you at the e-mail address that you provided. Such termination is effective upon transmittal by WEB20LAWYER. However, your obligations of indemnification pursuant to Sections 4, 8, 9, 10, 11, 14 and 15 of this Agreement shall survive any termination of this Agreement.
7. Online Conduct: As a condition to your use of the Sites, you agree herein to follow our rules set out below (“Rules of Conduct”). Under the Rules of Conduct you will not:
· Use the Sites in a manner that could disable, overburden, or impair the Sites or interfere with any other user’s access to or use of the Sites.
· Seek to obtain access to any materials or information that we have not intentionally made available to you on the Sites through “hacking” or the use of web crawlers, bots or spiders.
· Submit any material that is intentionally false, misleading, defamatory, unlawfully threatening, illegal, or unlawfully harassing.
· Transmit materials through the Sites that you know or should know contain viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programs or scripts that are intended to damage, detrimentally interfere with, intercept, or extract any system, data or personal information.
· Sites Functionality and Availability. WEB20LAWYER does not promise that the Sites will be error free or uninterrupted, or that the Sites will provide specific results from your use. WEB20LAWYER DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES (INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) WITH RESPECT TO THE FUNCTIONALITY OR AVAILABILITY OF THE SITES.
· Be Advised, No Legal Advice Provided Via the Sites. The Information presented on the Sites, including the Legal Products, is provided as a courtesy of WEB20LAWYER and are provided on an “AS-IS” and “AS AVAILABLE” basis, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. The Sites are not intended to substitute for professional legal advice. If you have, or suspect that you have a legal issue, you should consult a lawyer. WEB20LAWYER EXPRESSLY DISCLAIMS ANY REPRESENATION OR WARRANTY EXPRESS OR IMPLIED CONCERNING THE ACCURACY, COMPLETENESS OR FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEB20LAWYER THROUGH THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. Users/visitors accessing this information assume full responsibility for the use of the information and acknowledge and agree that WEB20LAWYER is not responsible or liable for any claim, loss or damage arising from the use of the information.
· Use of the Sites Does Not Create An Attorney-Client Relationship. You agree that your use of our Sites does not create an attorney-client relationship.
10. Limitation of Liability: UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL WEB20LAWYER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO (i) YOUR USE OF THE SITES, OR (ii) YOUR USE OF THE SERVICES, UNLESS SUCH USE IS IN CONNECTION WITH AN ACTUAL ATTORNEY-CLIENT RELATIONSHIP WITH WEB20LAWYER (in which event this Section will not govern the parties’ relationship).
11. Indemnification: You agree to indemnify, defend and hold WEB20LAWYER, and its subsidiaries, affiliates, officers, parent companies, agents, or other partners, and employees (each a "Covered Party"), harmless, at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Covered Party or arising out of, (i) your use or misuse of the Sites, the Services and/or arising from your breach of this Agreement, or (ii) violation or breach of any term of these TCs or any policies, rules or guidelines referenced herein.
12. Contact for Copyright Infringement: WEB20LAWYER respects the intellectual property rights of others and requires that its users do the same. If you feel that any content available on the Sites or through the Services constitutes infringement of a work protected by copyright (a “Work”), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”) to respond to such concerns, as follows:
Lior Leser PA
1000 5th Street, Suite 200
Miami Beach, Florida 33139
Your notice must comply with DMCA. (see 17 U.S.C. § 512(c)(3) for detail). Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA. You acknowledge if you notice does not comply with the DMCA, your notice may not be valid.
13. Modification: If we modify or amend any of the terms herein, any such modification will take effect proactively, upon your subsequent access of the Sites. Please be sure to review these TCs frequently to check for any modifications or amendments hereto.
14. Dispute Resolution: This Agreement shall be treated as though it were executed and performed in Miami-Dade, Florida and shall be governed in all respects by the laws of the State of Florida without regard to conflict of law provisions. You agree that any claim or dispute you may have against WEB20LAWYER must be resolved by a court located in Miami-Dade County, Florida. You agree to submit to the personal jurisdiction of the courts located within Miami-Dade County, Florida for the purpose of litigating all such claims or disputes.
15. Legal Warning: Any attempt by any individual, whether a user or visitor or otherwise, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Sites and/or Services, is a violation of criminal and civil law and WEB20LAWYER will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
16. Sites Administration: If you have any comments or questions regarding the administration of the Sites, please contact us at the following address: firstname.lastname@example.org
17. Contact Us:
Lior Leser PA
1000 5th Street, Suite 200
Miami Beach, Florida 33139
Lior Leser, Internet Lawyer, represents clients in online legal compliance issues such as email compliance, online marketing & advertising compliance, software development laws, mobile compliance laws, intellectual property laws, electronic transaction laws, online contest & sweepstakes laws, and online corporate laws. Lior Leser, Internet Lawyer is licensed to practice law in Florida and California.
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