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Terms of Service

Last updated June 13, 2024.

This site (together with any successor site(s), computer systems, cloud-based storage accounts, associated social media websites, and all Services, as defined below, hereinafter collectively referred to as the, or this, “Site”) is operated by Losey PLLC (“we,” “us,” or “Losey”). Your use of the Site is governed by these Terms of Use (the, or 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, conditioned upon your acceptance of all terms, conditions, policies, and notices stated in this Agreement or incorporated by reference. Please read this Agreement carefully before making any transaction with Losey or otherwise using the Site.

This Agreement is written in the English language. We do not guarantee the accuracy of any translated versions of this Agreement. To the extent any translated versions of this Agreement conflict with the English language version, the English language version of this Agreement shall control.

No Formation of Attorney-Client Relationship

WHILE THE INFORMATION ON THE SITE MAY CONCERN LEGAL ISSUES, IT IS NOT LEGAL ADVICE. MOREOVER, 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 FORMS ON THE SITE. AS SUCH, NO INFORMATION WHICH YOU TRANSMIT THROUGH THE SITE WILL BE CONSIDERED PRIVILEGED OR CONFIDENTIAL.

Acceptance of Terms

By using the Site, and submitting data or information via the Site, you agree to be bound and abide by the terms of this Agreement, the terms of our privacy policy posted on the Site (the “Privacy Policy”), and any additional rules and guidelines that we post on the Site (any “Additional Terms”), both on your behalf and, as applicable, on behalf of the company, governmental agency, or juridical entity that you are affiliated or associated with, and you represent and warrant that you have the authority to bind such entity to this Agreement, the Privacy Policy, and any Additional Terms. If you do not have such authority, or if you do not agree to this Agreement, the Privacy Policy, and any Additional Terms, then accessing the Site is strictly prohibited, and you must immediately exit and cease using the Site.

We may, and reserve the right to, make changes to this Agreement at any time and at our sole discretion. we may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement on the Site. It is your responsibility to check this Agreement to see when it was last updated. You can easily determine when we last changed this Agreement by referring to the “Last updated” language at the very top of this Agreement. Any changes to the Agreement will be effective immediately upon notification. Your use of the Site following changes to this Agreement will constitute your acceptance of those changes.

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 in the event of 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 SETTLE 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 MODIFICATIONS OR AMENDMENTS TO THIS AGREEMENT, 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 legal age of majority in the jurisdiction in which you reside. If you are not at least the legal age of majority, then you are not permitted to use the Site.

If you believe we have information or data collected from a child under the age of eighteen, you agree you will let us know by sending an email to privacy@losey.law.

Jurisdiction

Losey PLLC is based in Orlando, Florida, and does not conduct or solicit business outside of the United States of America. As such, we provide the Site for use only by persons located in the United States. 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 of the United States, depending on your local laws and regulations. If you access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules, and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion. You agree that your use of the Site, and any dispute relating to the Site, is governed exclusively by Florida law, without regard to choice of law and conflict of law principles.

Description of the Services

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

Information You Submit

You may voluntarily submit a variety of comments, information, links and other materials using the Site (“User Submissions”), and you grant us and our assigns a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your User Submissions that you post on or in connection with the Site.

We do not collect, or accept at the firm, credit card information. Do not provide credit card information to anyone who represents themselves as a member of the firm, as we do not accept or collect such information from clients or others.

We are also not a general inbox for our clients; submission of a contact to our firm via our website related to a client matter does not consitute notice to any client, and will not neccesarily be provided to the client or responded to by the firm.

We may use your User Submissions without any obligation to compensate you for them, including for commercial purposes. We reserve the right to, in our sole discretion, refuse to accept, post, display, or transmit any User Submission. You represent and warrant that you have all the rights, power, and authority necessary to post your User Submissions. If your User Submissions include the personal or proprietary information of another party, you represent and warrant that you possess the necessary consent, from said party, to post said information. Your User Submissions may not include the personal information of any child under eighteen years old, regardless of consent. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Submissions or anything else on the Site. You agree that you will 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. Through your submission of information through the Site, you consent to all actions we take with respect to your information consistent with the Privacy Policy. You agree that all information you provide to us is true, accurate, and complete, and you will maintain and update such information regularly. 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 Site’s posted Privacy Policy, you agree that your User Submissions, including but not limited to 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 by us – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and to the maximum extent permitted by applicable law, Losey PLLC assumes no obligation of any kind to you or any third party with respect to your User Submissions. By submitting any User Submissions, you grant to Losey a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use the User Submissions in any manner, including to create derivative works, without any compensation or notice to you. By providing any User Submission on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, transmit, publish, broadcast, develop, manufacture, market, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose whatsoever. Losey will have no liability related to any User Submissions.

You understand and acknowledge that you are responsible for any User Submissions you submit, and that you, not Losey, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. You further understand that Losey is not responsible or liable to any third party for the content or accuracy of any User Submissions 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 Submissions that we deem necessary or appropriate in our sole discretion, including if we believe that such User Submission violates this Agreement, infringes any intellectual property right 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 their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
  • Cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials 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 THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Copyright Complaints and DMCA Copyright Agent

Losey complies with the copyright notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights. Please note that any notice you submit must be truthful and must be submitted under penalty of perjury. A false notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice. We may share any notices submitted to us with others including your contact information, and by submitting any notices, you agree you have no expectation of privacy in your submission.

DMCA Takedown Notices

Content owners of copyrighted material or their representing agents may submit a DMCA notice if they believe that infringing activity has taken place on the Site. We will only consider valid reports of infringement, and you may submit a complete DMCA notice that features all of the points described below only if the representing party sending the request is the content owner or the authorized agent acting on behalf of the copyright owner. If you are not sure if Losey has control over the allegedly infringed content, please obtain legal representation before contacting us. To be effective under the DMCA, any notification of claimed infringement must be in a written communication that includes substantially the following which must include a certification made under penalty of perjury:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, as well as information sufficient for Losey to determine the legitimacy of the signature and the identity of the signatory;
  2. Identification of the copyrighted work claimed to have been infringed, or, if a single notification covers multiple copyrighted works at a single online site, a representative list of such works at that site, including citation to the applicable copyright registrations where available;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Losey to locate the material, including a timestamp and visible identification of the material in a screenshot or comparable medium, with all metadata intact, as well as a hyperlink or URL to the website or online content at issue;
  4. Information reasonably sufficient to permit Losey to contact the complaining party, including an email address, telephone number, and, if available, physical mail address;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Any such notifications of claimed infringement must be sent to the below contact with the subject line “DMCA NOTICE:”

Losey PLLC, 1420 Edgewater Drive, Orlando, FL 32804, 407-906-1605, dmca@losey.law

Rules of Conduct

While using the Site you must comply with all applicable laws, rules, and regulations. In addition, we 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 set forth in this section; your failure to comply with such rules 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 laws regarding the export of data or software to and from the US or other countries).
  • Use the Site to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the terms of 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 any other 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 their ability to engage in real time activities through the Site.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts 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.
  • Use any robot, spider, site search/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 the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances.

Accuracy of Information

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

THE INFORMATION AND MATERIAL PRESENTED ON OR THROUGH THIS SITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES AND DOES NOT CONSTITUTE LEGAL ADVICE, AND SHOULD THUS NOT BE RELIED UPON OR USED AS THE BASIS FOR MAKING DECISIONS.

You agree that the inclusion of any services or information on the Site at a particular time does not imply or warrant that such services or information will be available at any time.

If you notice anything on the Site that you believe to be inaccurate or incorrect, please let us know by emailing us at privacy@losey.law.

Intellectual Property Rights

We and our respective licensors own the information and materials, including without limitation all logos, text, designs, graphics, displays, videos, icons, images, audio, downloads, interfaces, code, and software, as well as the selection and arrangement thereof (collectively, the “Content”), made available through the Site. 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. You understand and agree that this license is not a transfer of title, right, or interest in the Site or the Content. Except as expressly authorized in advance by us, 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 any of the Content. You likewise agree not to use the Site or the Content for any commercial purpose, remove any copyright, trademark, or other proprietary notations from the Site or Content, or otherwise infringe upon 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 and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion.

The license granted by this Agreement shall automatically terminate if you violate any of the above restrictions, or any provision of this Agreement, and may be terminated by Losey at any time for any or no reason. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. Except as expressly provided in this Agreement, no assignments or license of intellectual property are granted by Losey.

Links to Other Websites

The Site may provide links to other websites (“Linked Sites”). Links that may be accessed via the Site are provided for convenience only. We are not responsible for and do not endorse Linked Sites. We do not maintain the Linked Sites, have not reviewed all of the information on the Linked Sites, and cannot control the completeness, accuracy, or security of the content contained therein, or the privacy policies or terms of use of any Linked Site. The content, materials, and information contained on any Linked Site is solely the responsibility of the provider of that Linked Site. Losey is not responsible for the contents of any such Linked Site, and the inclusion of any link to a Linked Site does not imply endorsement by Losey of the Linked Site. The views and opinions expressed in Linked Sites are those of the authors of those Linked Sites and do not necessarily reflect 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 any 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, recommendation of, or affiliation with, the third party or its products and services. Losey makes no representation or warranty as to any Linked Site content, products, or services, and you agree that Losey shall not be 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 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, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN ANY LINKED SITE.

Links to the Site from Other Websites

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

Any permitted links to the Site must comply with all applicable laws, rules, and regulations. In the event you are permitted to link to the Site, you must also do so in a way that is fair and legal and complies with this Agreement, does not dishonestly damage our reputation, or take advantage of it, and does not suggest any form of association, approval, or endorsement on our part.

Limitations of Liability and Disclaimers

YOUR ACCESSING 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 TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR 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 THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SITE, AND YOU HEREBY 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 SUCH MATERIALS. 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, NOR 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.

IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS 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 WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.

NO CONTENT OR MATERIALS ON THE SITE SERVE AS GUARANTEES OF ANY PARTICULAR OUTCOMES OR RESULTS. PRIOR RESULTS DESCRIBED ON THIS WEBSITE DO NOT GUARANTEE A SIMILAR OUTCOME.

If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered, to the maximum extent permitted by law, including but not limited to that 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 under applicable law, you agree to defend, indemnify and hold us or our affiliates, officers, directors, employees, and agents harmless 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 use of any service purchased or obtained through the Site,(b) any violation of this Agreement by you, including any misrepresentations made by you in connection with your use of the Site, (c) your violation of any law or the rights of a third-party, or (d) the acts or omissions of any other user or third-party. If you fail to promptly indemnify and defend a covered claim, Losey shall have the right to defend itself, and in such case, you shall promptly reimburse Losey for all of its 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 your indemnification.

Termination

We reserve the right to withdraw or amend the Site at 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 terminate your access to the Site, you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Site or to any such information or files, and (except as may be required under mandatory applicable law) shall not be required to make such information or files available to you after any such termination. We may take steps that we believe are appropriate to enforce or verify compliance with any part of this Agreement (including our right to cooperate 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 such third party’s rights).

Governing Law; Dispute Resolution

You hereby agree that 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 principles of conflicts of law, and, to the extent that 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 jurisdictional, venue, or inconvenient forum objections thereto.

Binding Arbitration of Most Disputes; No Class Relief.

This section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and we agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act.

We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to this Agreement, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Site, (ii) any subscriptions or other purchases, transactions or relationships related to your use of the Site, or (iii) any data or information you may provide to us or that we may gather in connection with such use, interaction, subscriptions, purchases, transactions or relationships (collectively, “Transactions or Relationships”), you will not have the right to pursue a claim in court, or 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 engaging in any other Transactions or Relationships with us, you agree to binding arbitration as provided below.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using the Site, you agree that any complaint, dispute, or disagreement 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 Transactions or Relationships shall be resolved exclusively by final, confidential and binding arbitration (“Arbitration”) before a single arbitrator administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect that would be applicable to the matter in dispute, we agree to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this section shall not prevent any party from seeking provisional remedies (that is, a temporary restraining order or preliminary injunction) from a court of appropriate jurisdiction. You further agree that:

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 the 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 but not limited to any claim that all or any part of this Agreement is void or voidable.

c.  Location of Arbitration.

The Arbitration shall be held either: (i) at a location determined pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and us; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.

d.  Governing Law.

The Arbitrator (i) shall apply internal laws of the State of Florida consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law 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 any other dispositive motion consistent with Florida or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief.

e.  No Class Relief.

The Arbitration can resolve only your or our individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims 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 thereof or having jurisdiction over the relevant party or its assets.

g.  Confidentiality of Arbitration.

You and we agree to maintain the confidential nature of the Arbitration and shall not disclose the fact of the Arbitration, any documents exchanged as part of any mediation, proceedings of the Arbitration, the Arbitrator’s decision and the existence or amount of any Award, except as may be necessary to prepare for or conduct the Arbitration (in which case anyone becoming privy to such confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by applicable law or court order. 

Dispute Resolution (If and Only if a Tribunal has Ruled that Arbitration is Prohibited by Applicable Law)

This section applies only where applicable law, as determined by a court with appropriate jurisdiction, prohibits arbitration of disputes in accordance with the previous section regarding arbitration.

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 to any of our actual or alleged intellectual property rights (collectively, a “Non-Arbitration Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Non-Arbitration Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this section. Your notice to us must be sent to firm@losey.law.

For a period of sixty (60) days from the date of receipt of notice from the other party, we and you will engage in a dialogue in order to attempt to resolve the Non-Arbitration Dispute, though nothing will require either you or us to resolve the Non-Arbitration Dispute on terms with respect to which you and us, in each of our sole discretion, are not comfortable.

b.  Jurisdiction.

The parties agree that the state or federal courts in Orange County, Florida shall have non-exclusive jurisdiction of any Non-Arbitration Dispute.

c.  Governing Law.

To the maximum extent permitted by the mandatory laws in your country 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), will be governed by, and construed in accordance with, the laws of the U.S. and the State of Florida without regard to its conflicts of law provisions.

d.  Injunctive Relief.

The foregoing provisions of this section will not apply to any legal action taken by us to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site, any Content, your User Submission, or our intellectual property rights (including such as we may claim may be in dispute), our operations, or our products or services.

Filtering

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at http://onguardonline.gov. Please note that we do not endorse any of the products or services listed at these sites.

Miscellaneous

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

The failure of Losey to enforce any term or condition set out in this Agreement shall not be deemed a waiver of such term or condition or a waiver of any other term or condition.

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

You agree that regardless of any statute or law that establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Site, or this Agreement, or other Transactions or Relationships must be filed within one year after such claim or cause of action arose or be forever barred.

You agree that this Agreement and your use of the site does not result in the existence of a joint venture, partnership, employment, agency, or attorney-client relationship between you and Losey.

This Agreement hereby incorporates by this reference any additional terms that we post on the Site (including, without limitation, our Privacy Policy) and, except as otherwise expressly stated herein, this Agreement is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made via posting to the Site, by email, or by regular mail, in our discretion.

We may also provide notice of changes to this Agreement or other matters by displaying such notices or by providing links to such notices.

Any provisions that, by their nature, are intended to survive shall survive any termination of this Agreement.

Contact Us

The Site is operated by Losey PLLC. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Complaints and DMCA Copyright Agent policy in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to privacy@losey.law.