BEFORE YOU PROCEED, PLEASE READ THESE TERMS CAREFULLY. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE OUR WEBSITE.
ABOUT DS AND THE WEBSITE
Through the Website, DS offers general information regarding the various legal services it offers to clients. We reserve the right to add or remove any information made available through the Website as we determine in our sole discretion from time to time.
CONVENIENCE AND INFORMATION ONLY; LEGAL SERVICES DISCLAIMER
The Website is provided to you as a convenience, and for your information only. By merely providing access to the Website, we do not warrant or represent that: (i) any materials, documents,
images, graphics, logos, design, audio, video, and any other information provided from or on the Website (collectively, the “Content”) is accurate or complete; (ii) the Content is up-to-date or current; (iii) we have any obligation to update any Content; (iv) the Content is free from technical inaccuracies or programming or typographical errors; (v) the Content is free from changes caused by a third party; (vi) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; (vii) any information obtained in response to questions asked through the Website is accurate or complete; and/or (viii) the Content is non-infringing of any third party’s intellectual property rights.
The Content contained on the Website is designed to enable you to learn more about the services that DS offers to its clients. The Content does not, and is not intended to, constitute legal advice, nor is it intended as a source of advertising or solicitation. Your accessing the Website and any Content herein does not create or constitute an attorney-client relationship. You further agree that (i) you should not consider any Content to be an invitation for an attorney-client relationship, (ii) you should not rely on any Content provided on the Website without first obtaining separate legal advice, and (iii) you should always seek the advice of competent legal counsel in your own state. The Website should not be viewed as an offer to perform legal services in any jurisdiction, whether or not in those states for which DS attorneys are licensed to practice, as set forth in their respective profiles on the Website. DO NOT send us any information concerning a potential legal representation, whether through the Website or otherwise, until you have spoken with one of DS attorneys and obtained authorization to send that information.
WEBSITE USE AND CONTENT
You may view, download copy or print a single copy of any page from the Website for personal, non-commercial purposes if you do not remove, modify, or alter any copyright and proprietary rights notices that may be present. You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information from the Website without our express, prior, written consent. YOU MAY NOT USE THE WEBSITE OF ANY CONTENT FOR COMMERCIAL USE. Any special rules for audio files, video files, downloads, and other items accessible through the Website may be included elsewhere in the Website and are incorporated into these Terms by reference.
The Website may now or in the future permit the submission of various forms of content submitted by you and other Users, such as blog posts, materials, statements, reviews, ratings, opinions, personal accounts, documents, images, graphics, logos, designs, videos, text files, audio files, and comments (collectively, “User Content”) and the hosting, sharing, downloading, publishing and/or republishing of such User Content. WE DO NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY USER CONTENT. TO PROTECT YOUR PRIVACY AND THE PRIVACY OF OTHERS, YOU AGREE THAT YOU WILL NOT PROVIDE ANY USER CONTENT THAT CONTAINS PERSONALLY IDENTIFIABLE INFORMATION (SUCH AS NAME, PHONE NUMBER, EMAIL OR MAILING ADDRESS, SOCIAL SECURITY NUMBER, ETC.) BELONGING TO YOU OR ANYONE ELSE.
You shall be solely responsible for your User Content, and the consequences of posting or publishing it. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content. You acknowledge that DS reserves the right to pre-screen User Content and we have the right (but not the obligation) in our sole discretion to refuse, move, and/or remove User Content that is available on or through the Website.
You acknowledge that in using the Website and accessing the Content and/or User Content, you may encounter material that you deem to be disturbing, offensive or objectionable. You agree to use the Website at your sole risk and that we shall have no liability to you for material that may be disturbing, objectionable or offensive to you.
NOT INTENDED FOR CHILDREN
We do not collect personal information from any person that we know to be under the age of thirteen (13). Specifically, the Website are not intended or designed to attract children under the age of thirteen (13). You affirm that you are more than eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
NO WARRANTIES FOR WEBSITE
When using the Website, information will be transmitted in such a way that may be beyond our control. As such, we make no warranty concerning the delay, failure, interruption, or corruption of any data, the Content, the User Content, or other information transmitted in connection with the
use of the Website.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, THE CONTENT, AND THE USER CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, THE CONTENT, THE USER CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE, ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB PAGES ON OR THROUGH THE WEBSITE, OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING THE WEBSITE.
You agree to defend, indemnify, and hold harmless DS and our partners, employees, service providers, clients, and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties; and/or (iv) any claim that your User Content caused damage to a third party.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, CONTENT AND/OR USER CONTENT PROVIDED IN CONNECTION WITH THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, CONTENT AND/OR ANY USER CONTENT PROVIDED THROUGH THE WEBSITE. ADDITIONALLY, WE SHALL NOT BE LIABLE FOR NEGATIVE REPERCUSSIONS TO ANY PARTY BASED ON THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOST GOODWILL OR LOST PROFITS. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability will be limited to the greatest extent permitted by applicable law. These Terms give you specific legal rights. You may also have other rights which vary from one jurisdiction to another.
THIRD PARTY CONTENT AND THIRD-PARTY APPLICATIONS
We may provide hyperlinks to other websites maintained by third parties or may provide third party content on the Website by framing or other methods (collectively, “Third Party Content”). In addition, the Website may include certain applications, features, programs and services provided by third parties (collectively, the “Third-Party Applications”). We do not monitor Third Party Content or Third-Party Applications and can make no guarantee as to the accuracy or completeness of such Third-Party Content or Third Party Applications. The links to third party websites, any Third-Party Content, and any Third-Party Applications may be provided for your convenience and information only. The content on any linked website or in any Third-Party Application is not under our control and, just as with the Website, we are not responsible for the content of linked websites and/or Third-Party Applications, including any further links contained in a third party website. We make no representation or warranty in connection with any Third-Party Content or Third-Party Applications, which at all times and in each instance is provided “AS IS.” If you decide to access any of the third-party websites linked to the Website, any Third Party Content, and/or any Third Party Application, you do so entirely at your own risk.
If a third party links or refers to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we may not be aware that a third party has linked or refers to the Website.
USERWAY ACCESSIBILITY WIDGET
We make available the UserWay Website Accessibility Widget that is powered by a dedicated accessibility server. This AI-based software ensures that our Website meets the Web Content Accessibility Guidelines (WCAG 2.1) and adds numerous functions to allow for people with disabilities to interact with our Website. By utilizing the UserWay Website Accessibility Widget you agree to be bound by Userway’s Terms of Service, which can be found at https://userway.org/terms/. Please see our Accessibility Statement for more information.
The Content of the Website is intellectual property owned, controlled and/or licensed by us. All applicable intellectual property laws, including copyright laws, protect our rights in and to the Content. No portion of the Content and/or the User Content may be reproduced in any form or by any means, except as provided herein.
We are the copyright owner or authorized licensee of, or are otherwise permitted to the use, all trademarks, service marks, and logos used and displayed on the Website. All trademarks and service marks of DS that may be referred to on the Website are the property of DS. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our trademarks, service marks, or copyrights without our prior written permission. We enforce our intellectual property rights. Neither our names, nor any of our other trademarks, service marks, or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity, or promotional materials of any kind, whether relating to the Website or otherwise, without our prior, written permission, except that a third party website that desires to link to the Website and that complies with the requirements contained herein (Third Party Content and Third Party Applications) above may use the name “DiSchino & Schamy PLLC” or the title of any Content in or as part of that link.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING DS THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND REQUESTS FOR LEGAL SERVICE, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
When notifying us of potential infringement, you must include the following:
- identification of the copyrighted work(s) claimed to have been infringed. If multiple copyrighted works, then a representative list of such works on the Website;
- identification of the supposedly infringing material that is to be removed;
- information reasonably sufficient to permit us to locate the material on the Website;
- contact information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or email address;
- a statement that the complaining party has a good faith belief that use of the material is in fact infringing and/or not authorized by the copyright owner, its agent, or the law;
- a statement that, under penalty of perjury, the information in the notification is accurate and where relevant that the complaining party is authorized to act on behalf of the copyright owner; and
- the signature, physical or electronic, of the copyright owner or a person authorized to act on his or her behalf.
A provider of content subject to a claim of infringement may make a counter notification. To file a counter notification with us, please provide the DMCA Agent a written communication containing the following:
- identification of the supposedly infringing material that is to be removed;
- a statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and
- the signature, physical or electronic, of you or a person authorized to act on your behalf.
We will promptly provide the party that provided the notice of claimed infringement with a copy of the counter notification, and inform the complaining party that we restore the removed or disabled content within ten (10) business days. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of the counter-notification, we will restore the removed or disabled materials. Until that time, your materials will remain removed or disabled.
Notice of alleged infringement must be sent by electronic mail to our DMCA Agent at email@example.com or by certified mail and marked “Copyright Infringement” to DiSchino & Schamy, PLLC, Attn: Privacy Officer, at the address below.
Before filing such a notification, make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine. You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, it may be advisable to seek legal counsel.
TERMINATION OF SERVICE
We may terminate your right to access portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to us, to our partners, to the contributors, to the business of our Internet service provider, or to other information providers.
You acknowledge that your conduct that is inconsistent with the provisions of these Terms may cause us irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that we may seek injunctive or other equitable relief seeking to restrain such conduct without the necessity of proving actual harm or posting a bond.
For purposes of this Agreement, you and DS are each referred to as a “Party” and collectively, as the “Parties”. The Parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations for a period of at least thirty (30) days from initial written notice thereof, which shall be a requirement prior to either Party initiating a lawsuit or arbitration. All claims arising out of or relating to these Terms (including its formation, performance and breach), the Website, and any purchased Products, shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Such arbitration shall be held in Miami-Dade County, Florida. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to determine the validity of any claim and to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the Parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost.
You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Class Action Waiver.
The Parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the Parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the Parties shall be deemed to have not agreed to arbitrate disputes.
Exception – Litigation of Small Claims Court Claims.
Notwithstanding the Parties’ decision to resolve all disputes through arbitration, either Party may also seek relief in a small claims court for disputes or claims (where less than Eight Thousand ($8,000.00) Dollars is in controversy) within the scope of that court’s jurisdiction and subject to that court’s rules of procedure for small claims.
Thirty Day Right to Opt-Out.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth this Agreement by sending written notice of your decision to opt-out to firstname.lastname@example.org. The notice must be sent within thirty (30) days of your first access to the Website, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above. If you opt-out of these arbitration provisions, we also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, we may terminate your use of the Website.
GOVERNING LAW AND JURISDICTION
You agree that all matters relating to your access to, or use of, this Website shall be governed by the laws of the State of Florida. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state courts in Miami-Dade County, Florida, with respect to such matters.
We make no representation that Content or materials on the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where
such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.
The failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
DS shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Company’s reasonable control, including, without limitation, any mechanical, electronic or communications failure or degradation, act of god, pandemic, or any other cause whatsoever, which is beyond our reasonable control (“Force Majeure Event”).
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign or delegate these Terms and our related rights and obligations without obtaining your consent.
These Terms supersede all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to the Website or its contents. Modifications to the Terms that are not posted on the Website are not valid unless made in writing and signed by an authorized representative of Company.
You consent to receive notices and other communications regarding these Terms through posting of notices on the Website. You agree that all agreements, notices, disclosures, and other communications that Company provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing.
YOUR CONSENT TO THIS AGREEMENT; UPDATES
By accessing and using the Website, you consent to and agree to be bound by these Terms. If we decide to change these Terms or some part of them, we will make an effort to post those changes on this page of the Website so that you will always be able to understand and agree to the terms and conditions governing your use of the Website. Your use of the Website, including, but not limited to, our social media and our blogs, following the posting of any amendment of these Terms will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future.
If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by sending your comments or requests to:
DiSchino & Schamy, PLLC
4770 Biscayne Blvd., Suite 600
Miami, Florida 33137
Last updated: March 3, 2022