AGREEMENT ON TERMS & CONDITIONS OF USE
This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act (“E-Sign” Act). You enter into this Agreement by any act demonstrating your assent hereto, including without limitation clicking “I agree” or words of similar meaning. You may submit a paper copy of this transaction and print this form for your personal records. You have the right to withdraw your consent to use the E-Sign Act by emailing us to that effect at the address provided at our “Contact Us” link.
ELIGIBILITY TO USE THE WWW.CHASELAWYERS.COM WEBSITE
This Agreement (as supplemented by the documents incorporated above) sets forth the legally binding terms for your use of the ChaseLawyers.com website (our “Website”). In consideration of your being permitted to use the Website, and for other good and valuable consideration which you acknowledge is received and sufficient, you agree to be bound by this Agreement, whether you are (1) a “Visitor” — which means that you use the ChaseLawyers.com website (including without limitation through a mobile device) without entering into a transaction with us; or (2) a “Client” — which means that you do enter into one or more transactions from our Website. Under this Agreement, you are authorized to use the Website (whether as a Visitor or as a Client) only if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Website and discontinue use of the Website. If you wish to become a User of the Website (whether as a Visitor or as a Client), you must read this Agreement and indicate your acceptance in one or more of the ways that such acceptance is asked for on the Website. In order to become a Client of the Website, you may be notified that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to those activities on the Website, those additional terms are hereby incorporated into this Agreement. You may receive a paper copy of this Agreement by emailing us (Subject: “T&C Agreement”), at the address specified at our “Contact Us” link.
NO MINORS UNDER 18 ALLOWED AS CUSTOMERS
Individuals who are less than 18 years of age are not permitted to become paying Clients of ChaseLawyers®.
AND DO NOT BECOME A PAYING CUSTOMER
By visiting www.ChaseLawyers.com, you agree to be bound by this Agreement.
“___________________™”; “______________________®” OR
“© 20__, ChaseLawyers® – All Rights Reserved”,
as displayed on the relevant page(s) that you copy.
— Copy, reproduce, upload, post, display, republish, distribute or transmit any part of the Content in any form whatsoever;
— Use a frame or border environment around the Website, or other framing technique to enclose any portion or aspect of the Website, or mirror or replicate any portion of the Website;
— Modify, translate into any language or computer language, or create derivative works from, any Content or any part of this Website;
— “Reverse-engineer” any part of this Website; or
— Sell, offer for sale, transfer, or license any portion of this Website in any form to any third party.
— Use any robot, spider, other automatic device or manual process to monitor the Content and/or the Website;
— Use the Website other than to observe, make legitimate inquiries or communications;
— Use the Website to make any false or fraudulent communication;
— Submit false or misleading information to the Website;
— Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, 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; or for any other purpose that is unlawful and/or prohibited by this Agreement;
— Use, access or communicate with the Website in any way that, in the sole and absolute judgment of ChaseLawyers®, adversely affects the performance or functioning of the Website, or any other computer systems or networks used by ChaseLawyers® or other Website users;
— Upload or transmit to the Website, or use any device, software or routine, that contains viruses, Trojan horses, worms, time bombs, or other computer programming that may damage, interfere with or attempt to interfere with, intercept the normal operation of our Website, appropriate the Website or any system, or take any action that imposes an unreasonable load on our computer equipment or infringes upon the rights of any third party; or
— Disguise the origin of information posted by or transmitted by you through the Website.
You hereby represent and warrant that you are no less than eighteen (18) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement and to abide by and fully comply with this Agreement.
If you do not meet our above-stated eligibility requirements, do not seek to become a paying Client of ChaseLawyers.com. In addition to any other rights that ChaseLawyers® may have in law or equity, ChaseLawyers® reserves the right to suspend or terminate your account if you do not meet each of the foregoing requirements. ChaseLawyers® may require you to provide proof that you are eligible to participate according to this Agreement prior to accepting you as a paying Client.
By becoming a Client, you agree to provide accurate, current and complete information about yourself as requested (“Data”) and maintain and promptly update your Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, and/or ChaseLawyers® has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, ChaseLawyers® may deny you access to areas of our Content, at our sole discretion.
Payment Terms. By submitting payment, you authorize The Law Office of Barry Oliver Chase PA to charge your credit/debit card for the amount and date shown.
Additional Payment Terms and Conditions. If you are submitting payment on behalf of a corporate, organizational or governmental entity, you represent and warrant that (1) you are authorized to sign on behalf of such entity and (2) the card you are using was established for business purposes.
THE LAW OFFICE OF BARRY OLIVER CHSASE SHALL BEAR NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF ANY DELAY IN THE ACTUAL DATE ON WHICH YOUR ACCOUNT IS DEBITED OR YOUR FAILURE TO PROVIDE ACCURATE AND/OR VALID PAYMENT INFORMATION.
While ChaseLawyers® will make every reasonable professional effort to satisfy your expectations as our Client, the nature of our services is such that we provide refunds only in extraordinary circumstances. If you are unhappy with our services, please let us know so that we can correct any deficiencies in the future.
Communications and Disclosure:
As a result of your role as a Client, you may receive certain communications from ChaseLawyers® related to Content found on our Website or related matters. You understand and agree that these communications are sent to you as a result of your being our Client, and that you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to www.ChaseLawyers.com at our “Contact Us” link.
You acknowledge, consent and agree that ChaseLawyers® may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief on our part that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce this Agreement; (iii) to respond to a claim that Content on our Website violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, property, or personal safety of ChaseLawyers®, its users (including you) and the public.
ChaseLawyers®, in its sole discretion, may disqualify you from using our Website if you engage in conduct which ChaseLawyers® (in its reasonable professional judgment) deems to be improper, unfair or otherwise adverse to the operation of the Website or in any way detrimental to us or other Clients. Improper conduct includes, but is not limited to: falsifying personal information required to become and remain a Client; violating any of our rules; tampering with the administration of the Website or trying in any way to tamper with the software associated with our Website; improperly obtaining other Clients’ information and/or spamming other Clients; or abusing the www.ChaseLawyers.com Website in any other way. ChaseLawyers® and its affiliates are not responsible for: human errors; technical malfunctions; software failures, including without limitation public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to, software and operating systems that temporarily do not permit you to access or freely to use our Website, including without limitation any injury or damage to any person’s computer equipment relating to or resulting from your use of our Website); inability to access our Website, or any pages on ChaseLawyers.com; theft, tampering, destruction, or unauthorized access to, or alteration of, data and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider’s facilities, or any phone site or website, or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
If for any reason www.ChaseLawyers.com is not capable of running as originally planned, or if our Website (or any portion thereof) becomes corrupted, or if infection by a computer (or similar) virus, bugs, tampering, unauthorized intervention, actions by Clients, fraud, technical failures, or any other causes of any kind, in the sole opinion of ChaseLawyers® corrupts or affects the administration, security, fairness, integrity or proper conduct of the Website, ChaseLawyers® reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend such individual’s status as a Client.
The failure of either Party to comply with any provision of this Agreement due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, epidemic or pandemic declared by the World Health Organization or the United States Centers for Disease Control and Prevention, actions of governmental authorities outside of said Party’s control (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of this Agreement.
As a condition of your use of www.ChaseLawyers.com for any purpose, you promise not to use the Website in any way that is unlawful or prohibited by this Agreement, or in any other way that is not reasonably intended by ChaseLawyers®. By way of example and without limitation, you agree not to: (i) abuse, harass, impersonate, intimidate or threaten other Website users; (ii) post or transmit, or cause to be posted or transmitted, any matter that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party; (iii) use the Website for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws; (iv) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other www.ChaseLawyers.com user; (v) create or submit unwanted email (“Spam”) to any other www.ChaseLawyers.com user; (vi) infringe upon the intellectual property rights of ChaseLawyers®, its users, or any third party; (vii) submit comments linking to affiliate programs, multi-level marketing schemes, or off-topic content; (viii) post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or in fact functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (ix) use any robot, spider, scraper, sniping software or other automated means to access ChaseLawyers.com for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes, or may impose, in our sole and absolute opinion, an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of our Website or any activities conducted on our Website; or (c) bypass any measures we may use to prevent or restrict access to our Website; or (d) advertise to, or solicit, any user to buy or sell any product or service, or use any information obtained from the Website in order to contact, advertise to, solicit, or sell any product or service to any user without his/her prior explicit consent.
Violation of ChaseLawyers’ rules may result in removal of your right to access our Website. You acknowledge and agree that ChaseLawyers® may remove any user-created content and terminate any ChaseLawyers.com account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content). To report violations by others of this Agreement, please use the “Contact Us” link on our Website.
19. User Content:
You understand that all content submitted to www.ChaseLawyers.com, including but not limited to personal information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from whom such content originated. This means that you, not ChaseLawyers®, are entirely responsible for all content that you upload, post, share, email, transmit, or otherwise make available via our Website. Under no circumstances will ChaseLawyers® be liable in any way for any content uploaded, posted, shared, emailed, transmitted or otherwise made available via the Website except that which originated from ChaseLawyers®. As between you and ChaseLawyers®, you are solely responsible for your interactions with other users of our Website. ChaseLawyers® reserves the right, but has no obligation, to monitor disputes between you and other users.
With respect to anything that you submit or make available on the Website, you grant ChaseLawyers® an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display your submission (in whole or in part) and/or to incorporate your submission into other works in any format or medium now known or later developed.
You hereby represent and warrant to ChaseLawyers® that you will not transmit by means of www.ChaseLawyers.com any materials of any kind which (1) violate, plagiarize, or infringe on the intellectual property or contractual rights of any third party; (2) are imported and/or exported in violation of any law, rule, or regulation of any jurisdiction with regard to such imports or exports; (3) contain libelous, defamatory, obscene, pornographic, abusive or otherwise unlawful material; (4) contain software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You further represent and warrant to ChaseLawyers® that your use of www.ChaseLawyers.com will at all times comply with all applicable laws, rules, and regulations. You hereby agree to indemnify, defend and hold harmless ChaseLawyers® and its officers, employees, licensors, licensees, independent contractors, providers, subsidiaries and affiliates (collectively, the “Affiliates”), from and against any and all liability and costs incurred by ChaseLawyers® or any of said Affiliates in connection with any claim arising out of any breach by you of the foregoing representations, warranties and covenants, including, without limitation, reasonable transactional and litigation-related attorney fees and costs, at all levels of legal activity. You shall cooperate as fully as reasonably required in the defense of any claim. ChaseLawyers® reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the written consent of ChaseLawyers®.
[If you are a copyright owner or an agent thereof (“Owner”) and believe that any content on the ChaseLawyers.com site infringes upon the Owner’s copyright(s), rights of publicity, or any other rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing ChaseLawyers’ Legal Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further details):
ChaseLawyers’ designated Legal Agent to receive notifications of claimed infringement is reachable through the “Contact Us” link on the www.ChaseLawyers.com website. Please specify “Legal Agent” in your subject line.
Owner acknowledges that failure to comply with any or all of the above requirements may render Owner’s legal notice not valid.]
20. Your Indemnification of ChaseLawyers®:
By using www.ChaseLawyers.com, you agree to release and to hold harmless ChaseLawyers® and each of its respective parents, subsidiaries, Affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from any and all cost or liability (including without limitation reasonable attorney fees at all stages of the legal process, whether transactional or litigation-related, and at all levels of litigation) arising from claims or actions of any kind whatsoever, including, but not limited to injuries, damages or losses to persons and property which may be sustained in connection with your accessing and/or using www.ChaseLawyers.com in any manner.
LIMITATION OF LIABILITY
21. CHASELAWYERS® ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN OUR WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM OUR WEBSITE. IN NO EVENT SHALL CHASELAWYERS® OR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, CRIMINAL LAW OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF OUR WEBSITE OR CONTENT FOUND HEREIN, (ii) ANY FAILURE OR DELAY (INCLUDING BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF OUR WEBSITE), AND/OR (iii) THE PERFORMANCE OR NON-PERFORMANCE BY CHASELAWYERS® OR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS, INCLUDING BUT NOT LIMITED TO NON-PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION, EVEN IF CHASELAWYERS® OR SUCH THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO YOU OR TO ANY OTHER PARTY.
22. If, notwithstanding the foregoing, ChaseLawyers® and/or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of this Website or its content, the liability of ChaseLawyers® and/or third-party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the subscription fee and service charge for accessing this Website or becoming a Client of ChaseLawyers®, or (b) One Hundred United States Dollars (US$100.00). In its sole discretion, in addition to any other rights or remedies available to ChaseLawyers®, and without any liability whatsoever, ChaseLawyers® at any time and without notice may terminate or restrict your access to any component of this Website. Some legal jurisdictions do not allow limitation of liability; so the foregoing limitation may not apply to you.
24. We will use our reasonable commercial efforts to keep our Website available on a 24-hour/7-day-a-week basis, subject to downtime for scheduled maintenance, unscheduled maintenance, and system outages. We cannot promise that access to www.ChaseLawyers.com will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.
25. We make reasonable attempts to exclude viruses from www.ChaseLawyers.com, but cannot ensure that the Website will at all times be free from viruses or other destructive software. You are urged to take appropriate safeguards before accessing www.ChaseLawyers.com or downloading anything from our Website. We assume no responsibility for any damages to computer equipment or other property that may result from use of ChaseLawyers.com or downloading anything from our Website.
26. You may preserve this Agreement in hard-copy form by printing it for your records, and you waive any other requirement that this Agreement be evidenced by a written document.
27. To the extent that we may need to contact you, you agree that we may do so via any electronic means, including but not limited to communications posted on the Website, electronic mail, or instant messaging.
28. As a user of www.ChaseLawyers.com, you hereby expressly acknowledge and agree that such use and involvement is voluntarily undertaken solely at your own risk. You recognize, agree and acknowledge that activities undertaken on ChaseLawyers.com may be activities which inherently involve certain risks. Under no circumstances will ChaseLawyers® have any liability whatsoever for any loss, damage or injury alleged and/or sustained by any user of www.ChaseLawyers.com from engaging in any activity coordinated through, sponsored by, or affiliated with www.ChaseLawyers.com. As a user of www.ChaseLawyers.com, you hereby agree that you are solely responsible for any applicable costs, fees and expenses associated with using our Website. By using any services or functionalities provided at www.ChaseLawyers.com, and in consideration of your usage of our Website, you, on behalf of yourself, and your heirs, designees and assigns, hereby release, waive, discharge and agree not to sue ChaseLawyers®, its officers, directors, agents, representatives, employees and affiliates in their capacities as such, and agree to hold ChaseLawyers® and each of such persons associated therewith harmless with respect to any and all fees or expenses (including without limitation reasonable attorney fees, both transactional and litigation-related, at all levels), and with respect to any and all allegations, losses, claims, damages, property damage, personal injuries or death to you or to any other individual, whether caused by you or the acts (including the failure to act) of any other persons, events, and/or occurrences.
29. You agree that no joint venture, partnership, employment, fiduciary or agency relationship exists between you and ChaseLawyers® as a result of this Agreement or use of www.ChaseLawyers.com. The performance of this Agreement by ChaseLawyers® is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of ChaseLawyers’ right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of this Website or information provided to or gathered with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations provisions set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; and the remainder of this Agreement shall continue in effect.
30. CHASELAWYERS® MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND/OR ACCURACY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON OUR WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “WHERE IS” WITHOUT ANY WARRANTIES OF ANY KIND.
31. CHASELAWYERS® HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO OUR WEBSITE AND/OR ANY INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON OUR WEBSITE, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
32. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL CHASELAWYERS® BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED:
— WITH THE USE OR PERFORMANCE OF OUR WEBSITE;
— WITH DELAY OR INABILITY TO USE OUR WEBSITE;
— WITH THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH OUR WEBSITE; OR
— WITH ANY OTHER CONSEQUENCE ARISING OUT OF THE USE OF OUR WEBSITE, WHETHER BASED ON CONTRACT, TORT, CRIMINAL LAW, STRICT LIABILITY OR OTHERWISE, EVEN IF CHASELAWYERS® HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
33. DUE TO THE FACT THAT CERTAIN LEGAL JURISDICTIONS DO NOT PERMIT OR RECOGNIZE AN EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT NECESSARILY APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANYTHING IN THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEBSITE.
34. If, notwithstanding the foregoing, ChaseLawyers® and/or any third-party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of www.ChaseLawyers.com and/or its content, the liability of ChaseLawyers® and/or the third-party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the subscription fee and service charge (if any) for accessing this Website and/or becoming a Client of ChaseLawyers®, or (b) US $100.00. In its sole discretion, in addition to any other rights or remedies available to ChaseLawyers®, and without any liability whatsoever, ChaseLawyers® at any time and without notice may terminate or restrict your access to all or any component of this Website.
36. ChaseLawyers® reserves the right in its sole and absolute discretion, and with no attendant liability, to deny any potential user’s application to become a Client of ChaseLawyers®, to deny any user access to this Website, any interactive service herein, or any portion of this Website without notice, and the right to change the terms, conditions, and notices under which www.ChaseLawyers.com is offered.
37. This Agreement, and the other legal notice documents contained elsewhere on this Website and incorporated herein by reference, constitute the entire agreement between you and ChaseLawyers® with respect to ChaseLawyers’ services, www.ChaseLawyers.com, and any other relationship between you and ChaseLawyers®, and they supersede any and all prior or contemporaneous communications and proposals, whether electronic, oral or written, with respect to ChaseLawyers®, its services, and/or www.ChaseLawyers.com. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event. Any rights not expressly granted to you herein are expressly and exclusively reserved to ChaseLawyers®.
38. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, U.S.A. USER HEREBY CONSENTS TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS SITTING IN MIAMI-DADE COUNTY, FLORIDA, U.S.A., IN ALL DISPUTES ARISING OUT OF OR RELATING TO THE USE OF THIS WEBSITE. USE OF THIS WEBSITE IS UNAUTHORIZED IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISIONS OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THIS PARAGRAPH.
39. In the event a dispute arises between you and ChaseLawyers®, ChaseLawyers® and you agree to pursue neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and ChaseLawyers® agree that any claim or controversy at law or equity that arises out of this Agreement, www.ChaseLawyers.com, and/or ChaseLawyers’ services shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the Parties. Before resorting to these alternatives, ChaseLawyers® strongly encourages you to first contact ChaseLawyers® directly to seek a resolution, and ChaseLawyers® will consider all reasonable requests to resolve that dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation:
A. Alternative Dispute Resolution. ChaseLawyers® will consider use of alternative forms of dispute resolution, such as non-binding mediation and/or binding arbitration to be held in or as near as possible to Miami-Dade County, Florida, U.S.A.
B. Court. Alternatively, any claim may be adjudicated by a court of competent jurisdiction located in Miami-Dade County, Florida, U.S.A. User and ChaseLawyers® agree to submit to the exclusive venue and personal jurisdiction of the state and federal courts located within Miami-Dade County, Florida, U.S.A., with no assertion by either Party of any objection to such venue and jurisdiction, including without limitation any objection based on the doctrine of forum non conveniens.
THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO CLAIMS.
40. You agree that: (i) the www.ChaseLawyers.com Website shall be deemed solely based in the state of Florida, United States of America; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over ChaseLawyers®, either specific or general, in jurisdictions other than Florida, United States of America. This Agreement shall be governed by the internal substantive laws of the State of Florida, without regard to its conflict of laws principles. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, with the surviving provisions being interpreted so as fully as possible to effect the original intentions of the Parties to this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and ChaseLawyers’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. ChaseLawyers® reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement regularly for any such changes. Your use of our Website in any manner following any amendment of this Agreement will signify your assent to and acceptance of its revised terms. YOU AND CHASELAWYERS® AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
23. User agrees that “ChaseLawyers” is a federally registered trademark of Law Office of Barry Oliver Chase PA, a Florida USA professional corporation.
24. (a) This Agreement shall be construed, interpreted and enforced in accordance with, and shall be governed by, the laws of the State of Florida, USA, applicable to agreements entered into and to be wholly performed therein, and by applicable United States federal law. In the event of any conflict between any provisions hereof and any applicable laws to the contrary, the latter shall prevail, but this Agreement shall be deemed modified only to the extent necessary to remove such conflicts, and the surviving provisions hereof shall be interpreted so as fully as possible to effect the original intentions of the Parties. Only the courts (state and federal) having jurisdiction within Miami-Dade County, Florida, USA, will have jurisdiction of any controversies regarding this Agreement and/or www.ChaseLawyers.com; any action or other proceeding which involves such a controversy will be brought in those courts and not elsewhere, and the User hereby waives any objection such User may otherwise have to the jurisdiction and venue of such courts, including without limitation objections raised on the basis of forum non conveniens. Any process in any such action or proceeding may, among other methods, be served by delivering or mailing it, by registered or certified mail, directed to the address which the addressee has designated from time to time. Any such delivery or mail service shall be deemed to have the same force and effect as personal service within the State of Florida. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed by the Parties. The Parties confirm that it is their wish that this Agreement as well as any other documents relating hereto, including notices, be written in the English language (Les parties aux presentes confirment leur volonte que cette le convention de meme que tous les documents y compris y tout avis qui s’y rattache soient rediges en langue anglaise). You further agree that, in any dispute between ChaseLawyers® and you, ChaseLawyers® shall be entitled to recover its reasonable attorney fees, legal expert fees, and other legal expenses from you should ChaseLawyers® emerge as the prevailing party.
(b) This Agreement constitutes the entire agreement of the Parties and supersedes all oral and written agreements and understandings made or entered into by the Parties prior to the date hereof. No amendment, change or modification of this Agreement shall be valid unless it is accepted by both Parties, and any waiver of a failure to perform or of a breach shall not operate to waive any subsequent failure to perform or breach.
(c) The use of the singular in this Agreement shall apply to and mean the plural where appropriate. The use of the masculine or neuter pronoun in this Agreement shall apply to and mean the feminine where appropriate, and vice versa.
(d) The captions appearing at the commencement of the clauses hereof are descriptive only and for convenience in reference to this Agreement; and should there be any conflict between any such heading and the language of the clause at the head of which it appears, the language of the clause thereof, and not such heading, shall control and govern in the construction of this Agreement.
(e) You acknowledge that a violation or attempted violation of any of this Agreement will cause ChaseLawyers® such damage as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that ChaseLawyers® shall be entitled as a matter of right to an injunction, issued by any court of competent jurisdiction, restraining such violation or attempted violation of this Agreement by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by ChaseLawyers® in obtaining such an injunction, including, without limitation, reasonable attorney fees at all levels of litigation. You agree that no bond or other security shall be required in connection with ChaseLawyers’s application for any such injunction. (f) The Parties acknowledge that each has been advised by counsel, and/or been given the opportunity and recommendation to be advised by counsel, during the course of negotiation of this Agreement. This Agreement shall be interpreted without regard to any presumption or rule requiring construction against the Party causing this Agreement to be drafted.
The entertainment industry can be a complicated field to navigate. As a trusted leader in Miami entertainment law, ChaseLawyers can help. With over 40 years of experience, Our Miami based lawyers have helped individuals in nearly every area of entertainment law in Miami, including sports, music, film, television, modeling, literature, and more. We understand the unique challenges you face as a creative, and we’re prepared to protect your interests.
As an artist in Miami, you must navigate the intricacies of copyright law, trademarks, contractual agreements, and much more. It is critical you choose a qualified Miami entertainment lawyer with expertise in the nuances of the entertainment world. ChaseLawyers has built a stellar reputation among our clientele for honest, professional representation that produces effective results. We have extensive experience in the unique legal elements you must navigate as an artist, and our attorneys can provide you with indispensable career advice and expertise over the course of your entertainment career.
When you work with ChaseLawyers, you are more than just a client. We care about your well-being and can provide essential advice on the issues you face in the Miami market, such as intellectual property issues, negotiating service agreements, publicity rights, and much more. We also have an extensive network of resources available for our clients to connect with, and those connections can enrich your career in countless ways. Our team understands the complex world of entertainment law and will take care of your legal needs so you can focus on doing what you do best—sharing your talent with the world!
When you’re ready to take the next step in your career, our Miami entertainment lawyers are ready to help you. We are passionate about helping creatives with all of their legal needs, and you won’t find a team more dedicated to your success in all of Miami. Contact us today to schedule your free consultation!