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Terms of Use 2016-11-09T14:22:45+00:00

WEBSITE TERMS OF USE
Effective Date: June 29, 2016

By visiting the website of jgoldfarblaw.com, you are consenting to the TERMS OF USE of the website of The Law Office of Jason R. Goldfarb, PLLC (hereinafter the “Office”).

Terms: The term “Website” refers to the website of jgoldfarblaw.com. The term “user,” “you” and “your” refers to Website visitors, potential clients, and any other users of the Website. The term “Service” or “Services”, refers to general information provided to permit you to learn more about the Office and its services, including but not limited to information about estate and digital asset planning, technology contracts, legal technology, and other legal services in general.

Use of the Website & Service: Use of the Website and Service, and content provided by the Office, are subject to the following Terms of Use. These Terms of Use apply to all Website visitors, potential clients, and all other users of the Website. By using the Website or Service you acknowledge that you have read and understood these Terms of Use, and that you agree to be bound by these Terms of Use without modification.

Content on jgoldfarblaw.com is provided to permit you to learn about the Office and its services, which includes but is not limited to information about estate and digital asset planning, technology contracts, legal technology, and other legal services in general. By visiting this Website you understand that this information is not provided in the course of an attorney-client relationship, it is not intended to constitute legal advice, and it is subject to change without notice.

To access or use the Website or the Service, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Use. Anyone under the age of 18 is prohibited from using the Website or the Service.

Attorney Advertising: This Website may constitute attorney advertising in the State of New York and in other jurisdictions. Visiting the Website and interacting with the content provided does not establish an attorney-client relationship, which is only formed when you have signed an Engagement Agreement and complied with the terms of that Engagement Agreement. Content and information provided on the Website are not indicative of likely results in any particular matter. The Office cannot guarantee results, and past results do not guarantee future results.

No Attorney-Client Relationship or Legal Advice: Neither viewing of, or receipt of information presented on jgoldfarblaw.com, nor any email or other electronic communication sent to or from the Office through jgoldfarblaw.com will create an attorney-client relationship or constitutes legal advice. No user of jgoldfarblaw.com should act or refrain from acting on the basis of information provided on jgoldfarblaw.com without first consulting legal counsel on the specific matter in the relevant jurisdiction.

Where I am Licensed: I am licensed to practice law in New York. I practice law only where I am licensed to do so, where I am permitted to do so as to issues related to Federal law, and where permitted to do so by multi-jurisdiction practice rules. If  potential clients contact the Office seeking legal services in jurisdictions in which I am not permitted to practice law, the Office shall decline to provide representation. The Office doesn’t seek to represent anyone solely based upon a visit to jgoldfarblaw.com, or where doing so would not comply with applicable local laws and rules. Access to the Website from physical locations in jurisdictions in which I am not permitted to practice law is unavoidable due to the nature of internet access. Any such access is not intended by the Office as an advertising effort, or an effort to establish a systematic and continuous presence in any jurisdiction in which I am not permitted to practice law, or to hold out to the public or otherwise represent that I am admitted to practice law in a jurisdiction in which I am not permitted to practice law.

Material You Submit to the Website: You shall not upload, post or otherwise make available on the Website or send via email, any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary rights, without the express written permission of the owner of the copyright, trademark or other proprietary rights, and the burden of determining that any Materials are not protected by copyright, trademark or other proprietary rights is entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Website, you represent or warrant that you have the authority to use and distribute the Materials, and that my use or display of the Materials will not violate any laws, rules, regulations or rights of any third parties.

Intellectual Property Rights to Your Content: Content you submit to the Website remains yours to the extent that you have any legal claims to such content. However, by submitting content to the Website, you grant the Office a worldwide, nonexclusive, perpetual, royalty-free, irrevocable license to reproduce, create derivative works from, distribute, publicly display, publicly perform, and use, any content you supply, for business development and marketing, and for any other purpose the Office deems appropriate. By visiting the Website, you agree to hold the Office harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.

Intellectual Property Owned by the Office: The Website and Service contains intellectual property owned by the Office, which includes but is not limited to the Office logo, icon, design, text, content, graphics, the selection and arrangement thereof, trademarks, trade dress, copyrights, proprietary information, other files, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever, any portion of the Website, the Website content, or Service content, in whole or in part without the prior written consent of the Office. You expressly agree that you will have no claims whatsoever to any such materials or products on this Website or developed as part of the Services. The Office reserves the right to immediately remove you from the Service and the Website, if you violate the use of any part of the intellectual property owned by the Office.

Social Sharing: Notwithstanding any language herein to the contrary, you may socially share blog posts from the Website, using the social sharing icons and methods provided.

Description of Services: The Office will make its best effort to properly describe the Services provided by the Office or via the Website. However, by using the Website you expressly acknowledge that you understand that information on the Website may not always be absolutely accurate, current, or error-free, and that mistakes may occur. The Office reserves the right to correct any discovered errors that that relate to its Services or in regard to any other information or content on the Website.

Right to Refuse Service: The Office reserves the right to refuse to provide Service(s) to any person or entity, and has no obligation whatsoever to provide any reason for the refusal.

Use of Cookies: The Website uses cookies to ensure that your computer will effectively display the Website and its content. You have the ability to accept or decline cookies using your web browser settings, and you agree to set your browser options accordingly. If you choose not to accept cookies from jgoldfarblaw.com, the full features of the Website and Services may be unavailable to you.

Website Links & Affiliated Sites: Links on this Website to other websites are only provided as a convenience to the users of the Website. You acknowledge and agree that the Office is not responsible or liable for the accuracy, availability, content, or policies of any third party websites or resources. You acknowledge responsibility for and assume all risks arising out of your use of any such websites or resources linked to or referenced by the Website.

The Office may also work with affiliates whose internet sites may be linked with the Website. Since neither the Office nor the Website has any control over the content, performance, and policies of any affiliate sites, the Office makes no guarantees about the accuracy, content, policies, or quality of the information provided by such sites. Furthermore, the Office assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. In connection with your use of the Website, you may also have access to content items that are owned by third parties. You acknowledge and agree that the Office makes no guarantees about and assumes no responsibility for the accuracy, content, or quality of this third party content, and that unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

No Spamming: Spamming, and the unsolicited broadcasts of email addresses or links on the Website, are expressly prohibited and unauthorized. You may not use the Website in any way, directly or indirectly, to send, transmit, handle, distribute or deliver: (a) unsolicited email (“spam” or “spamming”) in violation of the CAN-SPAM Act or any other law; (b) email to an address obtained via internet harvesting or via any other surreptitious method; or (c) email to an address that is incomplete, inaccurate and/or not updated for all applicable opt-out notifications, using best efforts and best practices in the industry.

Lawful Purposes Only: You may use the Website and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or by someone acting on your behalf through the Website. You agree to use the Website and to purchase Services through the Website for legitimate, non-commercial purposes only. You shall not post or transmit through the Website any material which violates or infringes upon the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law in any jurisdiction anywhere.

You may not use the Website or Service in a manner that:

• is threatening, abusive, harassing, stalking, or defamatory;
• is deceptive, false, misleading or fraudulent;
• is invasive of another’s privacy or otherwise violates another’s legal rights of privacy and publicity;
• contains vulgar, obscene, indecent or unlawful material;
• infringes on a third party’s intellectual property right(s);
• publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws unless you have all necessary rights and consents to do so;
• upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer or the Website;
• falsifies or deletes any author attributions, legal or proprietary designations, or labels of the origin or source of software;
• restricts or inhibits any other user of the Service and or Website from using and enjoying the Service and or the Website;
• harvests or otherwise collects information about others, including e-mail addresses, without their consent;
• violates the usage standards or rules of an entity affected by your use, including without limitation any Internet Service Provider, Email Service Provider, or news or user group;
• is legally actionable between private or public parties; and/or
• is in violation of any applicable local, state, national or international law or regulation, including all export laws and regulations;

NO WARRANTY: THE INFORMATION PRESENTED ON JGOLDFARBLAW.COM IS PROVIDED “AS IS” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. THE OFFICE DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION IS OR WILL BE CURRENT, COMPLETE, OR ACCURATE. ANY REPRESENTATION OR WARRANTY THAT MIGHT BE OTHERWISE IMPLIED IS EXPRESSLY DISCLAIMED. THE OFFICE HEREBY DISCLAIMS ALL WARRANTIES. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE OFFICE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE OFFICE DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITED LIABILITY: THE LIABILITY OF THE OFFICE TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND IN NO EVENT SHALL THE OFFICE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORSEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY THE OFFICE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.

DISCLAIMER: CONTENT AND INFORMATION PROVIDED ON THE WEBSITE ARE NOT INDICATIVE OF LIKELY RESULTS IN ANY PARTICULAR MATTER. THE OFFICE CANNOT GUARANTEE RESULTS, AND PAST RESULTS DO NOT GUARANTEE FUTURE RESULTS.

Indemnification: You shall indemnify and hold the Office harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Use, or any use by you of the Website or Service. You shall provide the Office with such assistance, without charge, as the Office may request in connection with any such defense, including, without limitation, providing the Office with such information, documents, records and reasonable access to you, as the Office deems necessary. You shall not settle any third party claim or waive any defense without the prior written consent of the Office.

Force Majeure: Neither party will be responsible for failure or delay of performance if caused by: an act of war, terrorism, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or any other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.

Governing Law, Venue, Mediation: This Agreement shall be construed in accordance with, and governed by, the laws of the State of New York as applied to contracts executed and performed entirely in New York. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Nassau County, New York. Each of the parties irrevocably submits itself to the personal jurisdiction and venue of such arbitration in Nassau County, New York for the purposes of any such action.

Recovery of Litigation Expenses: If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Notices: All notices, requests, demands, and other communications under this Agreement shall be delivered in writing via reputable overnight courier and properly addressed as follows:

The Law Office of Jason R. Goldfarb, PLLC
70 E. Sunrise Highway, Suite 500
Valley Stream, NY 11581

Waiver: Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement.

Severability: To the extent permitted by applicable law, you hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. However, if any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect, and they shall in no way be affected, impaired, or invalidated.

Assignment: These Terms of Use are not assignable, or otherwise transferable by you, unless you have received express written consent from the Office to do so. Without such express written consent, any transfer, assignment, delegation or sublicense by you is invalid. The Office may assign this Agreement to any affiliate or in the event of merger, reorganization, or sale of all or substantially all of the Office assets.

Captions: Captions in the Term of Use are for convenience of reference only and in no way define, limit or describe the scope of this Terms of Use and shall not be considered in the interpretation of this Terms of Use or any provision hereof.

Entire Agreement: This Terms of Use constitutes the entire agreement between you and the Office pertaining to the Website and Service, and supersedes any and all prior or contemporaneous agreements, writings, representations, negotiations, understandings, and discussions between you and the Office pertaining to the Website and Service. You expressly agree that you have not relied upon any such prior or contemporaneous communications.

Amendment of the Terms of Use: The Office may at any time change the Terms of Use by posting a new version on this page or on a successor page. The new version will become effective on the date it’s posted, which will be listed at the top of the page as the new Effective Date. Any use of the Website or Service by you after being notified of such amendment, means that you accept the amended Terms of Use.