MAX S. SVERDLOVE LLC WEBSITE TERMS OF USE
Thank you for visiting SverdloveLaw.com, the website for the virtual law office of Max S. Sverdlove LLC. If you visit of make any transactions at SverdloveLaw.com, you accept these terms. Please read the following carefully.
Max S. Sverdlove LLC (“Firm”), offers the Use (as defined below) of https://www.sverdlovelaw.com, or any other website on the SverdloveLaw.com domain, (“Website”) subject to the following terms and conditions (“Terms”). The viewer or user (collectively, “User”) should read these Terms carefully before using Website. By continuing to view and use Website, User agrees to these Terms. If User does not agree to the Terms set forth herein or otherwise on Website, User must cease using Website. Firm retains the right to change the content of Website or these Terms at any time. Any changes made to these Terms shall be effective immediately upon posting. User’s continued Use of Website constitutes acceptance of those changes.
The situating of Website on the World Wide Web and/or Internet constitutes a continuing offer by Firm to User to Use, as such term is defined below, Website according to the Terms. By utilizing Website in any manner, including, without limitation, by viewing the same (collectively, a “Use”), User accepts that offer and creates a binding contract between the two parties to adhere to same. The parties stipulate that sufficient consideration exists to create that contract, and that it is therefore binding upon them. Further, by Use of Website, User makes the material representation upon which User wishes Firm to reasonably rely that User will adhere to the Terms in connection with User’s Use of Website. If User is dissatisfied with any of the Terms, User’s sole and exclusive remedy shall be to discontinue using Website. Finally, by User’s Use of Website, User also stipulates that a violation of any of the Terms will result in irreparable harm to Firm not compensable in money damages, such that, without limitation, injunctive relief shall be a necessary and appropriate remedy.
Website contains content, including but not limited to images, photographs, website text, software, pictures, graphics, video clips, audio clips, digital downloads, data, messages or any and all other information controlled by Website (collectively, “Materials”).
GENERAL DISCLAIMER
Website contains information about Firm for clients and potential clients. Nothing contained on Website shall be construed as a representation to be reasonably relied upon, nor shall it be construed as legal advice. In no event shall anything on Website be construed either to create a duty of care or to constitute a representation by Firm of any sort to be relied upon by User in any manner whatsoever. Firm takes no responsibility for information sent to it intercepted by third-parties. User understands that while Firm endeavors to maintain the confidentiality of these communications, communication via Internet, cell phone and other modalities are vulnerable to interception and may not be fully secure. By sending such communication, User assumes the risk of the same. User should not rely on the information contained on Website. As further set forth herein, Firm takes no responsibility for the information contained on any website to which Website may be linked, as same is completely independent of Website.
LICENSE TO ACCESS WEBSITE
Website and the content provided therein, including without limitation, Materials and other text, graphics, button icons, audio clips, video clips, digital downloads, photographs, biographical information, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed without the written permission of Firm. Notwithstanding the foregoing, Firm grants User a limited non-exclusive limited license to make personal, non-commercial use of Website. User is also granted a limited license to print copies of any Materials posted on the Website, but only for User’s personal, non-commercial use. Except as expressly provided, all rights are reserved. Firm may terminate this license at any time by amendment of these Terms.
Moreover, and notwithstanding the foregoing, if User exercises his rights under the above-referenced license, User must retain all copyright and trademark notices, including any other proprietary notices, contained in Materials. User shall not, under any circumstances, alter, obscure or obliterate any of such notices. The use of such Materials or any portion of Website on any other website or in any environment of networked computers is strictly prohibited without Firm’s advance written consent, which may be withheld in Firm’s sole discretion.
USER ACCOUNTS
User is responsible for maintaining the confidentiality of User’s assigned accounts, if any, any associated passwords, if any are provided, and for restricting access to User’s computer, or any computer User uses to access User’s accounts. User agrees to accept responsibility for all activities that occur under User’s account or password. If User is under 18, User may use User accounts, only with the involvement of a parent or legal guardian. Firm reserves the right to refuse service, terminate accounts, remove or edit content, or cancel any orders placed, in Firm’s sole discretion.
PRODUCT AND SERVICE DESCRIPTIONS
Firm shall attempt to be as accurate as possible in descriptions of services it advertises or sells on Website. However, Firm does not warrant that service descriptions or other content on Website is accurate, complete, reliable, current, or error-free. User agrees to read any service contracts and/or retainer agreements provided to User in full before signing them and further agrees that these contracts and/or retainer agreements shall be binding as to those services if in conflict with these Terms. Furthermore, User acknowledges that User has the right to consult User’s own and separate legal counsel in determining whether User should sign or enter into any contract or retainer agreement with Firm.
USER CONDUCT
By utilizing Website, User makes the material representation upon which User wishes Firm to reasonably rely, that User will comply with the code of conduct set forth below:
• (a) User, when utilizing Websites, will not do so in an unauthorized manner, or in a manner which violates any legal or regulatory proscription or duty, including, without limitation, violating Firm’s intellectual property or that of another;
• (b) User will not utilize Websites in a manner that is harmful to Firm or any other person or entity;
• (c) User will not transmit any content or information, without first consulting with Firm and after obtaining Firm’s written permission, which may be denied at Firm’s sole discretion, that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, indecent, obscene, pornographic or otherwise objectionable;
• (d) User will not restrict any other user from properly using Website, including without limitation, by way of “computer hacking” or otherwise altering the software or functionality of Website and its underlying programs;
• (e) User will not imply that any of his statements are endorsed by Firm, or that User is otherwise associated with the Firm in any manner;
• (f) User will not use Website if User is not able to form legally binding contracts or has been temporarily or indefinitely suspended from Website;
• (g) User will not transmit any material, non-public information about any person or entity without the proper authorization to do so;
• (h) User will not transmit any advertisements, solicitations or any unsolicited communication without Firm’s express permission to do so;
• (i) User will not revise, modify, reverse engineer or in any way alter any portion of Website or its contents or underlying technology;
• (j) User will not “frame” or “mirror” any part of Website;
• (k) User will not utilize any device to enable him to circumvent the structure of Website and/or spam or flood the site;
• (l) User shall not deliver, or provide links to any postings without the prior written permission of Firm, including, without limitation, to any materials which are deemed, in Firm’s sole discretion to be harmful, lewd, obscene, violent, insulting, threatening, hateful or otherwise objectionable; and
• (m) User shall not impersonate any other person and/or falsely state or otherwise misrepresent that User has an affiliation with any other person or entity, or otherwise mislead, deceive or defraud Firm or any other party.
Moreover, User hereby makes the material representation upon which User wishes Firm to reasonably rely that: (i) User is at least 13 years of age, or will Use Website with User’s parents or legal guardians supervision and permission; and (ii) User is authorized to use Website and/or provide information to Website.
COPYRIGHTS
Materials on Website are copyrighted by Firm or its licensors under United States and international copyright laws, are subject to other intellectual property and proprietary rights and laws, and are owned by Firm or its licensors. Materials may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale or redistributed in any way without the prior written permission of Firm and its applicable licensors, with the sole exception that User may print copies of Materials for User’s personal, non-commercial use. User must abide by all copyright notices, information or restrictions contained in or attached to any Material. User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of Website, including, without limitation, any of Materials or access to Website.
COPYRIGHT INFRINGEMENT
It is the policy of Firm to respond expeditiously to claims of copyright infringement. Firm will promptly process and investigate notices of alleged infringement and will take appropriate action under the Digital Millennium Copyright Act and other applicable intellectual property laws. Firm may elect to terminate access for any User who Firm believes in Firm’s sole discretion to be an infringer, regardless of whether proven or not.
User covenants and agrees to provide Firm with any information that User has regarding potential copyright infringement of any Materials. The sole and exclusive protocol for notifying Firm that such copyrighted work has been infringed upon is to provide written notice to Firm in accordance with the Notices provision hereunder. That notice must include (i) the signature of a person authorized to act on behalf of the owner of the copyright interest (“Copyright Owner”); (ii) a description of the copyrighted work that is believed to have been infringed upon; (iii) a description of where the alleged infringing work is located on Website; (iv) the Copyright Owner’s mailing address, telephone number and email address; (v) a statement by Copyright Owner that Copyright Owner has a good-faith belief that the disputed use is not authorized by Copyright Owner, its agent, or the law, or is not otherwise being conducted by another authorized owner or licensee of the work; and (vi) a statement by Copyright Owner, made under penalty of perjury, that the information set forth in the submitted written notice is accurate and that Copyright Owner is authorized to act on Copyright Owner’s behalf. Such information shall be immediately delivered to Firm by certified mail return receipt requested or by commercial carrier at the address set forth below in the “Notices” provision.
COMMUNICATIONS
Any communications, including, without limitation, emails, pictures, audio clips, videos, graphics and/or other material sent directly, or by carbon copy or otherwise to Firm or any of Firm’s members or agents and any postings to Website shall become Firm’s property upon the transmission of same. User grants the perpetual and irrevocable right to both publicly or non-publicly utilize same, including the identifying information contained therein, in any manner whatsoever, at no charge.
ELECTRONIC COMMUNICATIONS
When User visits Website, or sends email or any content via an electronic format to Firm, User communicates with Firm electronically. User consents to receive communications from Firm electronically. Firm will communicate with User by email or by posting notices on Website. User agrees that all agreements, notices, disclosures, and other communications that Firm provides to User electronically satisfy any legal requirement that such communications be made in writing.
NOTICES
All notices or other communications to Firm, if any, that are to be given under these Terms must be in writing, which shall be given by delivery to the address set forth below by way of either personal delivery, certified mail, return receipt requested, two-day mail or overnight mail by a commercial carrier. Notices to Firm shall be deemed given only upon receipt. Notices to Firm may also be given by electronic mail, provided that Notices are followed by an exact copy by either regular mail, personal delivery, certified mail, return receipt requested, or two-day mail or overnight mail by a commercial carrier to the same address set forth above. Such notice shall be deemed effective twenty four (24) hours after the message was sent, if no “system error” message or other notice of non-delivery is generated. Notices to Firm shall be addressed as set forth below unless it changes the address in writing by updating these Terms. The address for giving notice to Firm is as follows:
Max S. Sverdlove LLC
184 South Livingston Avenue
Suite 9-102
Livingston, NJ 07039
max@sverdlovelaw.com
Facsimile: (973) 241-7138
Notices to User shall be provided by Firm verbally, via email, or any other address which Firm reasonably believes to be associated with User. Notice shall be deemed effective upon delivery of same by Firm.
INDEMNIFICATION
The User agrees to indemnify, hold harmless and defend Firm and any members or agents (collectively, “Firm Parties”) of any of the foregoing with respect to any claim, demand, cause of action, debt, liability, damages, costs or expenses, including reasonable attorneys’ fees and expenses of Firm’s selected attorneys, arising from any third-party claim relating to (i) User’s infringement of any intellectual property of any person or entity, including without limitation, patents, trade secrets, copyrights, trademarks, service marks, trade names or similar proprietary rights; (ii) any failure by User to comply with these Terms, specifically including the “User Conduct” as set forth above; (iii) User’s Use of Website; and/or (iv) any act or omission or willful misconduct on the part of the User that results in a claim for breach of any representations, warranties or covenants made herein against any of the Firm Parties.
ATTORNEY’S FEES
If Firm or any of the Firm Parties undertake any action to enforce these Terms, such party will be entitled to recover from User, and User hereby agrees to pay, any and all attorneys’ fees and any cost of litigation, in addition to any other relief at law or in equity to which such party may be entitled. In such event, Firm shall be entitled to recover all costs including both actual pre-judgment and post-judgment attorneys’ fees and costs, involved directly or indirectly in its enforcement efforts, whether or not it does so through institution of formal legal proceedings.
PRIVACY
Please review Firm’s Privacy Policy, which also governs User’s Use of Website. User is bound to the terms contained therein at http://www.sverdlovelaw.com/privacy.
COOKIES
Firm specifically acknowledges and hereby notifies User that it may utilize “cookies” in connection with the operation of Website. User agrees that such cookies may be placed on User’s computer, in connection with User’s access to, and use of, Website.
DISCLAIMER OF WARRANTIES
User explicitly agrees that Use of Website or any Materials contained herein is at User’s own and sole risk. Website and all Materials contained therein are provided “as is” without warranty of any kind, either express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. Neither Website nor Firm makes any representations or warranties that Website or any Materials contained therein will be uninterrupted, timely, secure or error free; nor does the Website make any representations or warranties as to the quality, fitness, truth, accuracy, currency, reliability or wholeness of Website or any Materials contained herein. User also understands and agrees that any material and/or data downloaded or otherwise obtained through the Use of Website or any Materials contained herein is done at User’s own discretion and risk and that User will be solely responsible for any damage to his computer system or loss of data that results from the download of such material and/or data. User understands that Firm cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. Firm makes no warranty regarding any use of confidential or private information that User may provide. Firm may change any of the Terms and/or information found on Website at any time without notice. Firm makes no commitment to update the information found on Website. Firm makes no commitment to update Materials. The warranties and representations set forth in these Terms are the only warranties and representations with respect to these Terms, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the elimination of certain warranties, so some of the above exclusions may not apply to User.
Further, Firm is not responsible for the conduct of other Users, whether online or offline. Under no circumstances shall Firm be responsible for any loss or damage, including, without limitation personal injury or death, resulting from the use of Website or the conduct of any other Users, whether online or offline. Use of Website are “AS-IS” and the Firm, as set forth above, expressly disclaims any and all warranties.
LIMITATION OF LIABILITY
FIRM ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF ITS ACCESS TO, USE OF OR BROWSING IN WEBSITE OR USER’S DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM WEBSITE. EXCEPT WHERE SPECIFICALLY REQUIRED BY LAW, IN NO EVENT SHALL FIRM BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE, DELAY OR INABILITY TO USE ANY COMPONENT OF THIS SITE, OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY FIRM, INCLUDING, BUT NOT LIMITED TO, NON-PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
If, notwithstanding the foregoing, Firm should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of Website, or any Materials, Firm’s liability shall in no event exceed, in the aggregate, US$100.00. In Firm’s sole discretion, in addition to any other rights or remedies available to Firm and without any liability whatsoever, Firm at any time and without notice may terminate or restrict User’s access to any component of Website. Some states do not allow limitation of liability, so the foregoing limitation may not apply to User.
User acknowledges and agrees that the representations and obligations of User hereunder shall survive and continue in perpetuity.
RELEASE
BY UTILIZING WEBSITE, USER HEREBY RELEASES, REMISSES AND FOREVER DISCHARGES AND GIVES UP ANY AND ALL CLAIMS AND RIGHTS WHICH IT MAY HAVE AGAINST FIRM AND ITS PARTNERS, SERVICE PROVIDERS, VENDORS AND CONTRACTORS AND EACH OF THEIR RESPECTIVE AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES BASED ON ANY ACT, EVENT OR OMISSION, AND FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO OR ARE CONNECTED WITH THE USE OF WEBSITE AND SERVICES RELATED THERETO. USER FURTHER WAIVES, RELEASES AND GIVES UP ANY AND ALL CLAIMS AND DEFENSES ARISING FROM OR RELATING TO ANY ACT, EVENT OR OMISSION. THIS INCLUDES, WITHOUT LIMITATION, ANY CLAIM WHICH COULD BE ASSERTED NOW OR IN THE FUTURE UNDER (I) THE COMMON LAW; (II) ANY OF THE PARTIES POLICIES, PRACTICES OR PROCEDURES; AND/OR (III) ANY FEDERAL AND/OR STATE STATUTES OR REGULATIONS.
AUTHORIZED PERMISSION TO USE
User shall be considered an entity if the individual accessing the Website is doing so on behalf of an entity or is utilizing that entity’s computer system in connection with a task (either paid or unpaid) for that entity. If User is an entity, the person using Website on User’s behalf hereby makes the material representation upon which User wishes Firm to rely that he is authorized to bind that entity to the Terms set forth above, as well as any other obligations imposed or undertaken through Use of Website. Firm reserves the right to terminate User’s access to, and Use of, whether as an individual or entity, Website and any of Website;s contents, including, without limitation, Materials, or use of any of Firm’s services at its sole discretion and without any advance notice to User.
APPLICABLE LAW, DISPUTES, AND APPLICABLE JURISDICTION
User utilizing Website agrees that the laws of the State of New Jersey shall govern these Terms and any dispute, controversy or claim directly or indirectly related to such Use, without regard to principles of conflict of laws. Further, the User consents to the exclusive jurisdiction of the State of New Jersey, venued in Essex County, or if federal jurisdiction exists, at the option of either party, to the jurisdiction of the United States District Court for the District of New Jersey, Newark Vicinage. Any litigation shall be conducted in Essex County, New Jersey. User agrees that regardless of any statute or law to the contrary, any claim or cause of action by User arising out of or related to use of Website or services related thereto must be filed within one (1) year after such claim or cause of action arose or be forever barred and therefore the statute of limitations is limited to one (1) year.
FURTHER ASSURANCES
User covenants and agrees to perform further all acts and execute all supplementary instruments or documents which may be requested by Firm to carry out the provisions and effectuate the intent of these Terms.
ASSIGNMENT
Firm may freely assign its rights and obligations in and to these Terms. The User acknowledges that it may not assign, transfer or sell its rights under these Terms without Firm’s express written consent, which may be unreasonably withheld. Any purported assignment without Firm’s consent shall be deemed null and void.
SEVERABILITY
If any portion of these Terms is ruled invalid or otherwise unenforceable, those portions shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion shall be construed as narrowly as possible in order to give effect to as much of the Terms as possible.
LINKS TO OTHER SITES
The User acknowledges and agrees that Firm has no responsibility for the accuracy or availability of information provided by websites to which a User may link from the Website (“Linked Sites”). Links to Linked Sites are provided as a convenience to User, and do not constitute an endorsement by or association with Firm of such sites or the content, products, advertising or other materials presented on such sites. Firm does not author, edit or monitor these Linked Sites. User acknowledges and agrees that Firm is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites. If User accesses a Linked Site, User does so at User’s own risk.
NO THIRD PARTY BENEFICIARIES
These Terms are not intended to be for the benefit of, and shall not be enforceable by any unaffiliated third party, except as may be specifically provided herein. Nothing herein, express or implied, is intended to or shall confer on any third party any rights (including third-party beneficiary rights), remedies, obligations or liabilities under or by reason of these Terms or otherwise set forth in Website, except as may be specifically provided herein. These Terms shall not provide third parties with any remedy, claim, liability, reimbursement, cause of action or other right in excess of those existing without reference to the terms herein. No third party shall have any right, independent of any right that exists irrespective of these Terms, to bring any suit at law or equity for any matter governed by or subject to the provisions herein.
PROHIBITED BY LAW
In the event that any aspect of Website or these Terms is prohibited by law in User’s jurisdiction, User agrees not to Use Website. User is solely responsible for determining whether User is allowed by law to participate in usage of Website. Without limitation, User releases Firm from all liability that could arise from User’s prohibited participation in the usage of Website or acceptance of these Terms. Moreover, and without limiting the indemnification otherwise provided herein, User shall indemnify, defend and hold Firm and all Firm Parties harmless for any and all damages relating to a violation of this paragraph.
INTERNATIONAL USE
In light of the international scope of the Internet, User agrees to comply with all local laws, rules and regulations, including but not limited to those applicable to online conduct and acceptable Internet content. Without limitation, User acknowledges and agrees that User shall comply with all applicable laws and regulations regarding the transmission of technical data from the United States or the country in which the User may reside.
MISCELLANEOUS
Firm’s failure to enforce any term, provision or condition of these Terms, including the breach or default thereof, by conduct, course of dealing or otherwise, in one or more instances shall not be deemed a waiver. To the extent that a provision of these Terms is deemed unenforceable, the balance of it shall remain in full force and effect. User acknowledges that User has not accepted these Terms on reliance of any representations or other promises of Firm, which is not specifically included herein. User specifically stipulates that these Terms do not constitute a contract of adhesion. User acknowledges and agrees that these Terms and the privacy policy on Websites constitute the entire agreement of the parties hereto relating to the subject matter hereof, and any prior agreements, understandings, representatives and commitments concerning such subject matter, whether oral or written, are hereby superseded and terminated in their entirety and are of no further force or effect. User acknowledges and agrees that it has not agreed to these Terms in reliance upon any representation or promise other than those specified herein.
By User’s Use of Website, User represents that User has had the opportunity to review these Terms with counsel of User’s choosing, if User wished to do so. User further acknowledges that User has thoroughly read these Terms; understands that User is giving up certain legal rights that may otherwise exist; has asked any questions User desires to clarify its meaning; and believes User is in his interest to nevertheless proceed with utilizing Website.