Terms of Use

You Agree to These Terms by Using This Website

Your access to, and use of this website is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using this website you accept these Terms of Use without limitation or qualification and acknowledge that any other agreements between you and Daniel B. Faizakoff P.C. (“The Firm”) are superseded with respect to this subject matter. We reserve the right to modify, alter, or update the terms and conditions of these Terms of Use without prior notice at any time. Modifications shall become effective immediately upon being posted at this website. Your continued use of our website after amendments are posted constitutes an acknowledgment and acceptance of these Terms of Use and their modification. Except as provided in this paragraph, these Terms of Use may not be amended. If you do not agree and accept these Terms of Use without limitation or qualification please exit this website immediately.

Access to This Website

You must be eighteen (18) years or older to access this website. If you are under eighteen years of age, you are not permitted to access this website for any reason. Due to the age restrictions for use of this website, no information obtained by this website, falls within the child online privacy act (COPA) and is not monitored accordingly.

Proprietary Rights

All content included or available on this website, including website design, text, graphics, interfaces, and the selection and arrangements thereof is copyrighted by The Firm with all rights reserved, or is the property of The Firm and/or third parties protected by intellectual property rights. You have no rights whatsoever in the website content. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of The Firm is strictly prohibited. You may not use content contained on this website without express written permission from The Firm. You may not distribute, modify, copy, transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use such content without express written permission of The Firm. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of The Firm. You agree to liquidated damages in the amount of $100,000 (or to the maximum extent allowable by law), in addition to legal fees, costs and damages, for any breach of this provision. The Firm will aggressively enforce its intellectual property rights to the fullest extent of the law.

Submissions

All information submitted to The Firm through this website via email, posting or uploading to discussion groups, bulletin boards, forums or other communications areas of this website shall be deemed and remain the property of The Firm which shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in such submitted information. The Firm shall not be subject to any obligations of confidentiality regarding such submitted information except as specifically agreed or required by law. The Firm will treat any personal information submitted through this website in accordance with its Privacy Policy as set forth on this website.

Use of This Website

You are prohibited from using this website to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The Firm will fully cooperate with any law enforcement authorities or any court order requesting or directing The Firm to disclose the identity of anyone posting or transmitting any such information or materials. You are prohibited from using this website to advertise or perform any commercial solicitation.

Non-Competition

You are expressly prohibited from directly or indirectly advertising websites or companies that are, in The Firm’s sole discretion, competitive to The Firm; recruiting The Firm members or clients to join websites or companies that are, in The Firm’s sole discretion, competitive to The Firm; or registering with The Firm under false pretenses for the sole or partial purpose of copying any portion of the contents of this website or monitoring The Firm’s activities. If The Firm suspects or determines, in its sole discretion, that you have engaged, are currently engaging or are planning to engage in such conduct, then The Firm reserves the right to immediately terminate your access to this website or any of The Firm’s educational services without prior notice. You agree to liquidated damages in the amount of $100,000 (or to the maximum extent allowable by law), in addition to legal fees, costs and damages, for any breach of this provision.

Indemnification

You agree to indemnify and hold The Firm, its parents, subsidiaries, affiliates, agents, directors, contractors, licensors, content providers, service providers, officers and employees, harmless from any claim or demand, including resulting losses or damages, costs, expenses, suits, and attorney fees, arising out of your violation of the Terms of Use, or acceptance of any services provided by The Firm.

Limited User License

No user or subscriber of this website is allowed to copy, sell, license, modify, distribute, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, and create any of the materials or website content (“Information”) unless authorized. You are authorized to view the Information only for non-commercial, personal use, unless otherwise approved by The Firm. You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Information. You may not play, re-digitize or screen capture any Information. You may also not use the Information in conjunction with any third party content. Please contact us at info@LegalEsq.com for approval if you intend to use any of the Information for commercial use. You agree to liquidated damages in the amount of $100,000 (or to the maximum extent allowable by law), in addition to legal fees, costs and damages, for any breach of this provision.

Modifications and Interruption to Service

The Firm reserves the right to modify or discontinue this website with or without notice. The Firm shall not be liable to you or any third party should The Firm exercise its right to modify or discontinue this website. By using this website you acknowledge and accept that The Firm does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Compliance with Law

You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use this website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Law and Jurisdiction

These Terms of Use and your use of this website are governed by the laws of the State of New York, without regard to its choice of law provisions. The courts of general jurisdiction located within New York County, New York will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or this website. All users expressly waive any and all rights to a jury trial in any dispute arising out of the use or existence of this website. If The Firm prevails in any claim brought by you, you shall be liable to reimburse the The Firm for any and all costs associated with the dispute, including attorney fees, collection fees, investigation fees, travel expenses.

Other Terms

The Firm reserves the right to deny access to any person for any reason. No notice of any kind is due to you, for any reason, and you expressly warrant an understanding that the right to notice is waived as a condition for permission to view, interact or use this website. These terms may change from time to time. You have an affirmative duty, as part of the consideration for permission to use this website to keep yourself informed of changes. If any provision of these Terms of Use shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms of Use and any other agreements referenced herein may be assigned by The Firm, in our sole discretion, to a third party in the event of a merger or acquisition. These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation with The Firm or its educational, legal or advisory services. You agree that by accepting these Terms of Use, that you are consenting to the use and disclosure of your personally identifiable information and other practices described in our Privacy Policy.

Website Rules

We reserve the right to remove any post or user from our message boards, although we have no duty to do so. When posts are deleted, it is likely because they violate one or more of our forum rules. Repeated violation of forum rules may result in the suspension of your membership and/or posting privileges.

Please respect all users. No obscene, racist or sexually explicit language shall be permitted. Personal attacks are not permitted. We reserve the right to remove posts that are abusive, hateful, or defame or insult anyone. We also reserve the right to remove posts that are off-topic or not in English.

We take threats, harassment and stalking very seriously. Posts that might be construed as such may be deleted and made available to the proper law enforcement officials.

No solicitations or advertisements are allowed. This includes advertisements for your business or your own online endeavors. If you are affiliated with any service provider, promotion is strictly prohibited. Common promotion methods include: silent spamming techniques, private messaging members, discount coupons, affiliate links, and implementing vendor messages in charts.

You may link to other informational websites when relevant to the discussion, but links to commercial websites are generally not allowed. We may make exceptions when the websites in question are pertinent to specific topics that are being discussed.

You may not suggest or encourage illegal activity. The Firm will assist law enforcement officials in any investigation of such activities.

You may not use names that are offensive, that suggest illegal activities or that are meant to imitate other users. Any such names will be blocked from posting on our message boards.

The Firm does not allow copyrighted material to be posted on the boards. We place great value in works of others. Any material in violation of copyright infringement laws will be removed upon notice. If you would like to refer to a news article from another website, please simply post a few lines summarizing the article and include a link to it.

You must respect the privacy of individuals. This means no posting of phone numbers, addresses, social security numbers or any other private information. We discourage users from posting such information, even about themselves, as we cannot control how that information may be used beyond our message boards.

Do not post the same note more than once. The online word for posting many times on one topic is “spamming.” We do not allow it.

You agree that The Firm has the right to remove, edit, move or close any topic at any time should we see fit. As a user, you agree to any information you have entered to being stored in a database. The Firm shall not be held responsible for any hacking attempt that may lead to the data being compromised.

You participate at your own risk on the bulletin boards, in chat rooms, in e-mail and on The Firm. You take responsibility for postings under your username and use the information provided here at your own risk. The Firm takes no responsibility for the content or opinions posted here. Thank you for participating.