Terms of Service

This site (together with any successor site(s), computer systems, cloud-based storage accounts, associated social media websites, and all Services, as defined below, collectively, the “Site”) is operated by Losey PLLC (“we,” “us,” “our,” or “Losey”). Your use of the Site is governed by these Terms of Use (this “Agreement”), regardless of how you access the Site (including through the Internet, through a mobile network, or in any other manner). Losey provides the Site to you on the condition that you accept all terms, conditions, policies, and notices stated in this Agreement or incorporated by reference. Please read this Agreement carefully before engaging in any transaction with Losey or otherwise using the Site.

This Agreement is written in English. We do not guarantee the accuracy of any translated version of this Agreement. To the extent any translated version of this Agreement conflicts with the English version, the English version controls.

Attorney Advertising

ATTORNEY ADVERTISING. THIS SITE MAY BE CONSIDERED ATTORNEY ADVERTISING UNDER THE RULES OF CERTAIN JURISDICTIONS. PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Losey’s principal office is located at 1420 Edgewater Drive, Orlando, Florida 32804, telephone 407-906-1605. Losey also maintains an office at 87 Walker Street, 2nd Floor, New York, NY 10013.

No Formation of Attorney-Client Relationship

WHILE THE INFORMATION ON THE SITE MAY CONCERN LEGAL ISSUES, IT IS NOT LEGAL ADVICE. USE OF THE SITE IS NOT INTENDED TO CONSTITUTE, AND DOES NOT CONSTITUTE, A SOLICITATION FOR THE FORMATION OF AN ATTORNEY-CLIENT RELATIONSHIP. NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED THROUGH YOUR USE OF THE SITE OR THROUGH YOUR COMPLETION OF ANY FORM ON THE SITE. ACCORDINGLY, NO INFORMATION THAT YOU TRANSMIT THROUGH THE SITE WILL BE CONSIDERED PRIVILEGED OR CONFIDENTIAL. PLEASE DO NOT SEND US ANY CONFIDENTIAL OR TIME-SENSITIVE INFORMATION UNTIL A LOSEY ATTORNEY HAS CONFIRMED IN WRITING THAT LOSEY REPRESENTS YOU. IF YOU BECOME A CLIENT OF LOSEY, THE TERMS OF YOUR ENGAGEMENT WITH LOSEY, AND NOT THIS AGREEMENT, WILL GOVERN THE LEGAL SERVICES THAT LOSEY PROVIDES TO YOU.

Acceptance of Terms

By using the Site or submitting data or information through the Site, you agree to be bound by and to abide by this Agreement, our privacy policy posted on the Site (the “Privacy Policy”), our copyright policy posted on the Site (the “Copyright Policy”), and any additional rules and guidelines that we post on the Site (“Additional Terms”), both on your own behalf and, as applicable, on behalf of the company, governmental agency, or juridical entity with which you are affiliated or associated. You represent and warrant that you have the authority to bind that entity to this Agreement, the Privacy Policy, the Copyright Policy, and any Additional Terms. If you do not have that authority, or if you do not agree to this Agreement, the Privacy Policy, the Copyright Policy, and any Additional Terms, you may not access the Site and must immediately exit and stop using it.

We reserve the right to change this Agreement at any time in our sole discretion. We may notify you of changes by any reasonable means, including by posting the revised Agreement on the Site. You are responsible for checking this Agreement to see when it was last updated, which you can determine from the “Last updated” date at the top of this Agreement. Changes take effect immediately upon notification. Your use of the Site after a change constitutes your acceptance of the change.

We may, at any time, modify or discontinue all or part of the Site; refuse to provide any user with access to the Site; charge, modify, or waive fees required to use the Site; or offer opportunities to some or all Site users. Your sole and exclusive remedy for any issue with the Site is to stop using the Site.

THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS; GOVERNS YOUR USE OF THE SITE; IS LEGALLY BINDING; LIMITS OUR LIABILITY TO YOU; AND REQUIRES YOU TO INDEMNIFY LOSEY AND TO RESOLVE CERTAIN DISPUTES THROUGH ARBITRATION. YOUR CONTINUED USE OF THE SITE AFFIRMS YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT OR ANY FUTURE MODIFICATION OF IT, DO NOT USE THE SITE.

Age and Ability to Enter into This Agreement

By using the Site, you affirm that you are at least the age of majority in the jurisdiction in which you reside. If you are not, you may not use the Site.

If you believe that we have information or data collected from a child under eighteen years of age, you agree to notify us by email at privacy@losey.law.

Jurisdiction

Losey is based in Orlando, Florida, and maintains an office in New York. Losey does not conduct or solicit business outside the United States, and we provide the Site for use only by persons located in the United States. Each Losey attorney is admitted to practice only in the jurisdictions identified in that attorney’s profile on the Site. The Site is not intended to solicit legal business in any jurisdiction in which Losey or its attorneys are not authorized to practice. The Site is controlled and operated from the United States and is not intended to subject us to the jurisdiction or laws of any country or sovereign entity other than the United States. The Site may not be appropriate or available for use in some jurisdictions outside the United States, depending on local laws and regulations. If you access the Site, you do so at your own risk and are responsible for complying with all applicable local laws, rules, and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area, or jurisdiction, at any time and in our sole discretion. Your use of the Site, and any dispute relating to the Site, is governed by Florida law as provided in the “Governing Law; Dispute Resolution” section below.

Description of the Services

We may provide users of the Site with access to general information and services about us, including, without limitation, newsletters, legal updates, articles, attorney profiles, event details, videos, photos, text, data, and similar content, as well as services such as event registration, subscription management, research tools, links to third-party websites, and online forms that you can complete to receive information or to be contacted by us (collectively, the “Services”). Neither your receipt of information presented on the Site nor any email or other electronic communication sent through the Site will create an attorney-client relationship, and we will not treat any such email or communication as confidential. No user of the Site should act or refrain from acting on the basis of information on the Site without seeking legal advice from counsel in the relevant jurisdiction. We expressly disclaim all liability with respect to actions taken or not taken based on any content of the Site.

Information You Submit

You may voluntarily submit comments, information, links, and other materials through the Site (“User Submissions”).

We do not collect or accept credit card information through the Site or otherwise. Do not provide credit card information to anyone who represents himself or herself as a member of the firm; we do not accept or collect such information from clients or others.

The Site is not a means of communicating with our clients. A communication submitted through the Site concerning a client matter does not constitute notice to any client, and we will not necessarily forward it to the client or respond to it.

Subject to the Privacy Policy, by submitting any User Submission, you grant Losey, its affiliates and service providers, and their respective licensees, successors, and assigns a perpetual, irrevocable, worldwide, non-exclusive, transferable, sublicensable, royalty-free license to use, reproduce, modify, create derivative works from, publish, transmit, display, and distribute the User Submission, without compensation or notice to you. We reserve the right, in our sole discretion, to refuse to accept, post, display, or transmit any User Submission. You represent and warrant that you have all rights, power, and authority necessary to submit your User Submissions.

If your User Submissions include the personal or proprietary information of another person, you represent and warrant that you have that person’s consent to submit the information. Your User Submissions may not include the personal information of any child under eighteen years of age, regardless of consent. You agree that we have no responsibility or liability for the deletion of, or the failure to store or transmit, any User Submission or anything else on the Site. You agree to use the Site in compliance with all applicable local, state, national, and international laws, rules, and regulations. Your submission of information through the Site is governed by the Privacy Policy, and by submitting information through the Site, you consent to all actions we take with respect to that information consistent with the Privacy Policy. You agree that all information you provide to us is true, accurate, and complete, and that you will maintain and update it. If you choose to make any of your personally identifiable or other information publicly available on the Site, you do so at your own risk.

Except as otherwise described in the Privacy Policy, your User Submissions, including any creative material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, or other communications you transmit or post to or through the Site in any manner, will be treated as non-confidential and non-proprietary, regardless of whether you mark them “confidential,” “proprietary,” or the like, and will not be returned. To the maximum extent permitted by applicable law, Losey assumes no obligation of any kind to you or any third party with respect to your User Submissions and will have no liability related to any User Submission.

You are responsible for any User Submission you submit, and you, not Losey, have full responsibility for its content, including its legality, reliability, accuracy, and appropriateness. Losey is not responsible or liable to any third party for the content or accuracy of any User Submission posted by you or any other user of the Site.

You understand and agree that Losey has the right to:

• take any action with respect to any User Submission that we deem necessary or appropriate in our sole discretion, including if we believe that the User Submission violates this Agreement, infringes any intellectual property or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for Losey;
• disclose your identity or other information about you to any third party who claims that material posted by you violates its rights, including its intellectual property rights or right to privacy;
• take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; and
• cooperate fully with any law enforcement authority or court order requesting or directing us to disclose the identity or other information of anyone posting material on or through the Site.

YOU WAIVE AND HOLD HARMLESS LOSEY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THEM DURING, OR AS A CONSEQUENCE OF, INVESTIGATIONS BY ANY OF THEM OR BY LAW ENFORCEMENT AUTHORITIES.

Copyright Complaints and DMCA Copyright Agent

Losey complies with the notice-and-takedown procedures of the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”). Notices and counter-notices must be submitted in accordance with our Copyright Policy, which is incorporated into this Agreement by reference. Any notice must be truthful, and a false notice may give rise to personal liability; you may wish to consult counsel before submitting one. We may share any notice submitted to us, including your contact information, with others, and by submitting a notice you agree that you have no expectation of privacy in it. Our designated Copyright Agent is: Copyright Agent, Losey PLLC, 1420 Edgewater Drive, Orlando, Florida 32804; telephone 407-906-1605; email dmca@losey.law (subject line “DMCA NOTICE”).

Rules of Conduct

While using the Site, you must comply with all applicable laws, rules, and regulations. We also expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct in this section, and your failure to comply may result in termination of your access to the Site.

You agree not to:

• use the Site in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any law regarding the export of data or software to and from the United States or other countries);
• use the Site to send, knowingly receive, upload, download, use, or reuse any material that does not comply with this Agreement;
• use the Site to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or similar solicitation, without our prior written consent;
• impersonate or attempt to impersonate Losey, a Losey employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
• use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including its ability to engage in real-time activities through the Site;
• attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
• otherwise attempt to interfere with the proper working of the Site; or
• use any robot, spider, site search or retrieval application, or other manual or automatic device, process, or means to retrieve, index, “scrape,” “data mine,” or in any way gather or copy Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without our express prior written consent.

Notwithstanding the foregoing, we grant operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site solely for the purpose of, and solely to the extent necessary for, creating publicly available searchable indices of those materials in connection with each operator’s public online search service. We reserve the right to revoke this permission generally or in specific instances.

Accuracy of Information

We attempt to ensure that the information on the Site is complete, accurate, and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete, or out of date, and we have no obligation to update it. The inclusion of any service on the Site at a particular time does not imply or warrant that the service will be available at any time. Although Losey makes reasonable efforts to display the attributes of its services accurately, we cannot and do not guarantee that any device will display those attributes accurately. We therefore make no representation or warranty as to the completeness, accuracy, or currency of any information on the Site. Any reliance you place on that information is strictly at your own risk.

THE INFORMATION AND MATERIALS PRESENTED ON OR THROUGH THE SITE ARE MADE AVAILABLE SOLELY FOR GENERAL INFORMATIONAL PURPOSES, DO NOT CONSTITUTE LEGAL ADVICE, AND SHOULD NOT BE RELIED ON OR USED AS THE BASIS FOR MAKING DECISIONS.

If you notice anything on the Site that you believe to be inaccurate, please notify us by email at privacy@losey.law.

Intellectual Property Rights

We and our licensors own the information and materials made available through the Site, including, without limitation, all logos, text, designs, graphics, displays, videos, icons, images, audio, downloads, interfaces, code, and software, and the selection and arrangement of them (collectively, the “Content”). The Content may be protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights and laws.

This Agreement grants you a limited, revocable, nontransferable, nonexclusive license to use the Site and the Content for your own personal, non-commercial use. This license is not a transfer of title, right, or interest in the Site or the Content. Except as expressly authorized by us in advance, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, attempt to decompile or reverse engineer, or create derivative works based on any part of the Site or the Content. You further agree not to use the Site or the Content for any commercial purpose; not to remove any copyright, trademark, or other proprietary notice from the Site or the Content; and not otherwise to infringe the intellectual property rights of Losey or its licensors. Our trademarks and service marks include, without limitation, LOSEY PLLC, LOSEY LAW, LOSEY.LAW, LOSEY, and any associated trademarks and logos. All trademarks and service marks on the Site not owned by us are the property of their respective owners. You may not use our trademarks or service marks in connection with any product or service that is not ours or in any manner likely to cause confusion.

The license granted by this Agreement terminates automatically if you violate any of the foregoing restrictions or any other provision of this Agreement, and Losey may terminate it at any time for any reason or no reason. Upon termination, you must destroy any downloaded materials in your possession, whether in electronic or printed form. Except as expressly provided in this Agreement, Losey grants no assignment or license of intellectual property.

Links to Other Websites

The Site may provide links to other websites (“Linked Sites”). Links are provided for convenience only. We do not maintain, endorse, or control Linked Sites; we have not reviewed all of the information on them; and we cannot control the completeness, accuracy, or security of their content or their privacy policies or terms of use. The content, materials, and information on any Linked Site are solely the responsibility of its provider. The inclusion of a link does not imply endorsement by Losey, and the views and opinions expressed on Linked Sites are those of their authors and do not necessarily reflect the official policies or positions of Losey.

If you access any Linked Site, you do so entirely at your own risk. References to any names, marks, products, or services of third parties, third-party information, or Linked Sites are provided solely as a convenience to you and do not constitute or imply an endorsement, sponsorship, or recommendation of, or affiliation with, the third party or its products or services. Losey makes no representation or warranty as to any Linked Site content, products, or services, and Losey is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any third-party content, products, or services available on or through any Linked Site or similar resource.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR SPECIAL LOSS OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, OR INFRINGEMENT OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED ON ANY LINKED SITE.

Links to the Site from Other Websites

We may allow you to link to the Site from another website. If you do, you agree to disable and remove the link promptly upon our withdrawal of permission. We reserve the right to withdraw permission without notice, and we may disable any social media feature or link at any time without notice in our discretion. You agree to cooperate with us in immediately ceasing any unauthorized display of or linking to the Site. Creating or maintaining any link to the Site, or otherwise displaying the Site, without Losey’s prior written permission, or after that permission has been withdrawn, is prohibited.

Any permitted link to the Site must comply with all applicable laws, rules, and regulations and with this Agreement; must be fair and lawful; must not damage or take unfair advantage of our reputation; and must not suggest any form of association with, approval by, or endorsement by us.

Limitations of Liability and Disclaimers

YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR OWN RISK. THE SITE AND ALL SERVICES, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS,” WITHOUT ANY EXPRESS REPRESENTATION OR WARRANTY OF ANY KIND, AND WE DISCLAIM ALL STATUTORY AND IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SITE AND ALL SERVICES, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART OF IT) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, OR THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE SITE. YOU AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE, AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SITE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE. THE MATERIALS ON THE SITE MAY BE OUT OF DATE, AND LOSEY MAKES NO COMMITMENT AND ASSUMES NO DUTY TO UPDATE THEM. LOSEY MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE AVAILABLE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS OR DIRECTIONS ON THE SITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE.

WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE, OR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE OR LINKED SITES, OR FROM ANY INFORMATION OR MATERIALS ON THE SITE OR LINKED SITES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THAT PARTY’S NEGLIGENCE, FOR FRAUD, OR FOR ANY OTHER MATTER, THAT PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF THE PROHIBITION.

NO CONTENT OR MATERIALS ON THE SITE GUARANTEE ANY PARTICULAR OUTCOME OR RESULT. PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME.

If you are a California resident, you knowingly waive all claims, both known and unknown and including those later discovered, to the maximum extent permitted by law, including as permitted by California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Indemnity

Except to the extent prohibited by applicable law, you agree to defend, indemnify, and hold harmless us and our affiliates, officers, directors, employees, and agents from and against all claims, losses, costs, and expenses (including attorneys’ fees) arising out of or in connection with (a) your use of, or activities in connection with, the Site, including the use of any service obtained through the Site; (b) any violation of this Agreement by you, including any misrepresentation made by you in connection with your use of the Site; or (c) your violation of any law or the rights of a third party. If you fail to indemnify and defend a covered claim promptly, Losey may defend itself, and you shall promptly reimburse Losey for all associated costs and expenses. Losey reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Termination

We reserve the right to withdraw or amend the Site in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to certain users.

We may, at any time and for any reason, terminate your access to or use of the Site. If we do so, you will have no right to bring any claim against us or our affiliates with respect to the termination. We and our affiliates will not be liable for any termination of your access to the Site or to any information or files, and (except as required by mandatory applicable law) will not be required to make any such information or files available to you after termination. We may take any steps that we believe appropriate to enforce or verify compliance with this Agreement (including cooperating with any legal process relating to your use of the Site or any third-party claim that your use of the Site is unlawful or infringes the third party’s rights).

Governing Law; Dispute Resolution

This Agreement, and any claim or dispute arising in connection with this Agreement or your use of the Site, is governed by and shall be construed in accordance with the laws of the State of Florida, U.S.A., without regard to its conflict-of-laws principles. To the extent the arbitration provision of this Agreement is unenforceable or inapplicable, you consent to the exclusive jurisdiction of the federal and state courts located in Orange County, Florida, U.S.A., and waive any objection to jurisdiction, venue, or forum in those courts.

Binding Arbitration of Most Disputes; No Class Relief

This section is a “written agreement to arbitrate” under the Federal Arbitration Act. You and we intend that this section satisfy the writing requirement of the Federal Arbitration Act. This section does not apply to any dispute arising under a written engagement agreement between you and Losey for legal services, which is governed by the dispute-resolution terms of that engagement agreement.

We believe that arbitration is a faster, more convenient, and less expensive way to resolve disputes. Therefore, if you have any dispute with us regarding (i) your use of or interaction with the Site; (ii) any subscription or other purchase, transaction, or relationship related to your use of the Site; or (iii) any data or information you provide to us or that we gather in connection with such use, interaction, subscription, purchase, transaction, or relationship (collectively, “Transactions or Relationships”), you will not have the right to pursue a claim in court or to have a jury decide the claim, and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Site, or by engaging in any other Transaction or Relationship with us, you agree to binding arbitration as provided below.

We will make every reasonable effort to resolve informally any complaint or dispute that you may have with us. If those efforts fail, you agree that any complaint or dispute you may have against us, and any claim that we may have against you, arising out of, relating to, or connected in any way with this Agreement or any Transaction or Relationship shall be resolved exclusively by final, confidential, and binding arbitration (“Arbitration”) before a single arbitrator administered by JAMS or its successor (“JAMS”). The Arbitration shall be conducted under the JAMS Streamlined Arbitration Rules and Procedures in effect when the Arbitration is initiated or, if the amount in controversy exceeds $100,000, under the JAMS Comprehensive Arbitration Rules and Procedures then in effect (as applicable, the “Applicable Rules”). The Applicable Rules are available at www.jamsadr.com. If JAMS no longer exists, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) under the AAA Commercial Arbitration Rules then in effect, which shall then be the “Applicable Rules.” If, when the Arbitration is filed, JAMS (or, if applicable, the AAA) has in effect minimum standards of procedural fairness for consumer arbitrations that would apply to the dispute, we agree to give you the benefit of those minimum standards to the extent they are more favorable to you than the comparable provisions of this section; provided, however, that those minimum standards may not contravene or restrict the application of subsection (e) below. This section does not prevent any party from seeking provisional remedies (a temporary restraining order or preliminary injunction) from a court of competent jurisdiction. You further agree as follows:

a. Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and us (the “Arbitrator”).

b. Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability, or formation of this Agreement or these arbitration provisions, including any claim that all or any part of this Agreement is void or voidable.

c. Location of Arbitration. The Arbitration shall be held (i) at a location determined under the Applicable Rules, provided that the location is reasonably convenient for you and does not require travel of more than 100 miles from your home or place of business; (ii) at another location mutually agreed upon by you and us; or (iii) at your election, if the only claims in the Arbitration are asserted by you and total less than $10,000 in the aggregate, by telephone or by written submission.

d. Governing Law. The Arbitrator (i) shall apply the internal laws of the State of Florida consistent with the Federal Arbitration Act and applicable statutes of limitations or, to the extent federal law governs, the law of the United States, without regard to conflict-of-laws principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or other dispositive motion consistent with the Florida or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) may award any form of legal or equitable relief.

e. No Class Relief. The Arbitration may resolve only your or our individual claims. The Arbitrator shall have no authority to entertain or arbitrate any claim on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated.

f. Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction over the matter, the relevant party, or its assets.

g. Confidentiality of Arbitration. You and we agree to maintain the confidentiality of the Arbitration and not to disclose the fact of the Arbitration, any documents exchanged in the Arbitration or any related mediation, the proceedings of the Arbitration, the Arbitrator’s decision, or the existence or amount of any Award, except (i) as necessary to prepare for or conduct the Arbitration, in which case anyone receiving the confidential information must agree to preserve its confidentiality; (ii) as necessary in connection with a court application for a provisional remedy or a judicial challenge to, or enforcement of, an Award; or (iii) as required by applicable law or court order.

Dispute Resolution If, and Only If, a Court Has Ruled That Arbitration Is Prohibited by Applicable Law

This section applies only if applicable law, as determined by a court of competent jurisdiction, prohibits arbitration of a dispute under the preceding section.

a. Procedure. If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Site, the Content, this Agreement, or any of our actual or alleged intellectual property rights (a “Non-Arbitration Dispute”), you and we agree to send written notice to the other providing a reasonable description of the Non-Arbitration Dispute and a proposed resolution. We will send our notice to you using the most recent contact information you have provided to us; if no such information exists or it is not current, we have no obligation under this section. You must send your notice to us at firm@losey.law. For sixty (60) days after receipt of notice, you and we will engage in a dialogue to attempt to resolve the Non-Arbitration Dispute. Nothing requires either you or us to resolve the Non-Arbitration Dispute on terms with which you or we, each in our sole discretion, are not comfortable.

b. Jurisdiction. The state and federal courts located in Orange County, Florida shall have exclusive jurisdiction over any Non-Arbitration Dispute.

c. Governing Law. To the maximum extent permitted by the mandatory laws of your place of residence, this Agreement and any Non-Arbitration Dispute arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes) are governed by and shall be construed in accordance with the laws of the United States and the State of Florida, without regard to conflict-of-laws principles.

d. Injunctive Relief. This section does not apply to any legal action by us seeking an injunction or other equitable relief in connection with any actual or potential loss, cost, or damage relating to the Site, the Content, your User Submissions, our intellectual property rights (including rights we claim that may be in dispute), our operations, or our services.

Filtering

Pursuant to 47 U.S.C. § 230(d), we notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available and may assist you in limiting access to material that is harmful to minors. Information about online safety and these protections is available from the Federal Trade Commission at https://consumer.ftc.gov. We do not endorse any product or service described there.

Miscellaneous

We may freely assign our rights and obligations under this Agreement.

Losey’s failure to enforce any term of this Agreement shall not constitute a waiver of that term or any other term.

If a court or other tribunal of competent jurisdiction holds any provision of this Agreement invalid, illegal, or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of this Agreement shall continue in full force and effect.

This Agreement and your use of the Site do not create a joint venture, partnership, employment, agency, or attorney-client relationship between you and Losey.

This Agreement incorporates by reference any additional terms that we post on the Site (including, without limitation, the Privacy Policy and the Copyright Policy). Except as otherwise expressly stated in this Agreement, this Agreement is the entire agreement between you and us relating to its subject matter and supersedes all prior or contemporaneous written or oral agreements or understandings between you and us relating to that subject matter. We may give notice to you by posting to the Site, by email, or by regular mail, in our discretion. We may also give notice of changes to this Agreement or other matters by displaying notices on the Site or by providing links to them.

Any provision that by its nature is intended to survive termination of this Agreement shall survive.

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The Site is operated by Losey PLLC. Notices of claimed copyright infringement must be sent to our Copyright Agent as provided in the Copyright Policy. All other feedback, comments, requests for technical support, and communications relating to the Site should be sent to privacy@losey.law.