TERMS OF SERVICES
The following are terms of a legal agreement between you and www.AttorneyEpstein.com (“we,” “us,” or “our”). By accessing, browsing and/or using this site, https://www.AttorneyEpstein.com, it's related web pages, interactive features and applications, and their respective contents, or any other site, forum, blog, or community feature linking to these terms (collectively, our “Services”), whether accessed via computer, mobile device or other technology (collectively, the “Site”), you acknowledge that you have read, understood, and agree, to be bound by these “Terms of Services” (the “Terms”) and comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these Terms, we are unwilling to grant you access to the Site, and you must immediately cease use of the Site.
PLEASE READ CAREFULLY THESE TERMS (AND THEIR INCLUDED LINKED INFORMATION, SUCH AS OUR PRIVACY POLICY, WHICH IS HEREBY INCORPORATED BY REFERENCE). BY ACCESSING, BROWSING OR USING THE SITE, YOU ACKNOWLEDGE AND REPRESENT THAT YOU: (i) HAVE READ THESE TERMS AND THE PRIVACY POLICY; (ii) UNDERSTAND THEM; (iii) ACCEPT AND AGREE TO BE BOUND BY THEM; (iv) ARE ABLE TO FORM LEGALLY BINDING CONTRACTS; AND, (v) AGREE TO COMPLY WITH ALL LAWS AND REGULATIONS APPLICABLE TO YOU, THE USE OF THE SITE, AND/OR THE INTERNET. IF YOU ARE USING THE SITE ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT ENTITY TO THESE TERMS.
Certain portions of the Site may be subject to additional terms of Services that we make available for your review or otherwise link to that portion of the Site to which such additional terms apply. By using such portions, or any part thereof, you agree to be bound by the additional terms of Services applicable to such portions. In the event that any of the additional terms of Services governing such portion conflict with these terms, the additional terms will control. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
1. ELIGIBILITY TO USE THE SITE: The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are at least 18 years of age or the age of majority in their state or territory of residence (if higher than 18), and who are not barred from using the Site under applicable laws. You may not use the products we sell (if any) for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. Any breach or violation of any of the Terms will result in an immediate termination of your access/use of our Services.
2. GENERAL CONDITIONS: We reserve the right to refuse Services to anyone for any reason at any time. You understand that your content (not including credit card information, if and where applicable), may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information (if and where applicable) is always encrypted during transfer over networks. You agree not to, and represent and warrant that you will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Site for any purposes (unless explicitly permitted) or do any of the following:
(a) Conduct or promote any illegal activities while using the Site or submit false or misleading information;
(b) Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
(c) Attempt to gain access to secured portions of the Site to which you do not possess access rights, or circumvent the user authentication or security of the Site or any host, network or account related thereto;
(d) Create derivative works of or from the Site or its contents;
(e) Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
(f) Use the Site to generate unsolicited email advertisements or spam, or allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam);
(g) Use the Site to stalk, harass, harm, abuse, insult, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(h) Use any high volume automatic, electronic, or manual process to access, search or harvest information from the Site (including without limitation robots, spiders, or scripts);
(i) Interfere in any way with the proper functioning of the Site or interfere with or disrupt any servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(j) Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(k) Frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages;
(l) Interfere with or disrupt the integrity or performance of the Site or the data contained therein;
(m) Remove any proprietary notices or labels within the Site;
(n) Violate international, federal, provincial or state regulations, rules, laws, or local ordinances in using of the Site; or,
(o) Collect or track the personal information of others.
3. OWNERSHIP: You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site (“Our Technology”) are: (a) copyrighted by us and/or our licensors under the United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and, (c) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms grants you any right to receive delivery of a copy of Our Technology or to obtain access to these Terms. Furthermore, nothing in these Terms will be deemed to grant you, by implication, estoppel or otherwise, a license to Our Technology.
Certain names, logos, and other materials displayed via the Site (such as the “Attorney Epstein” Word Mark and Logo, insofar as they are legally protectable) constitute trademarks, tradenames, Services marks or logos (“Marks”) of us or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third-party software provided in connection with the Site will be governed by such third parties’ licenses and not by these Terms. The Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information, but we make no representation to the accuracy and reliability thereof, said information is only provided for your reference. We reserve the right to modify contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes.
4. MODIFICATIONS TO THE SERVICES AND PRICES: We reserve the right to modify or discontinue the Site, in whole or in part, with or without notice to you. Information may be changed or updated without notice. We may also make improvements and/or changes to our products and/or Services at any time without notice. Prices for the products we sell (if applicable) are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services. If you object to any such changes, your sole recourse will be to cease access to the Site. Continued access to the Site will indicate your acknowledgement of such changes and satisfaction with the Site as so modified.
5. FEEDBACK: There may be instances where we solicit your ideas, proposals, commentary, innovations, reviews, participation (in contests or challenges, for example) feedback or opinions regarding our business, the Site, and our products or Services (“Feedback”). Please understand that by responding to such solicitation, and in consideration for your use of the Site, you agree that we will own your Feedback and the results and proceeds thereof as works made for hire pursuant to the United States Copyright Act, and that you forfeit any and all ancillary rights (“moral rights” and the like) accompanying copyrights, generally. In the event that your Feedback does not constitute a work made for hire pursuant to the United States Copyright Act, you acknowledge and assign the copyright in and to the same, to us, throughout the universe, in perpetuity, and we have your permission to use, disclose, and exploit any such Feedback without restriction/obligation to compensate/acknowledge you in any way or keep your Feedback confidential. By sending us Feedback, indicate your agreement to these terms. If you do not agree, do not submit Feedback.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or Site. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
6. USER SUBMISSIONS: We do not accept and will not consider unsolicited submissions of ideas, creative materials, processes, comments, feedback or technology (each an “Unsolicited Submission”). Please note that any Unsolicited Submissions sent to us will be deemed NOT to be confidential, and you grant us an unrestricted, irrevocable, perpetual, non-exclusive, royalty-free, fully paid-up, fully sublicensable, fully transferable, worldwide license to use, reproduce, display, perform, modify, transmit and distribute those Unsolicited Submissions for any purpose whatsoever, including any ideas, concepts, know-how or techniques which may be included or disclosed therein. You hereby acknowledge that you grant us such rights in consideration of the right to access and utilize this Site and that we have no obligation to further compensate you or acknowledge your submission. We will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to do so; (b) we first notify you that the materials or other information you submit to a particular part of this Site will be published or otherwise used with your name on it; or, (c) we are required to do so by law.
You represent and warrant that you will not post or share any content through the Site that in any manner: (i) infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others; (ii) violates the privacy, publicity, or other rights of third parties; or, (iii) is discriminatory, defamatory, obscene, threatening, abusive, hateful, false or inaccurate as determined in our sole discretion. We may, but are not obligated to, delete or suspend user accounts (if applicable) and/or remove content if we determine or suspect that those accounts or content violate these Terms. When you post or share any content to the Site regarding a third party, you represent and warrant to us that you have the third party’s consent to do so.
7. PRODUCTS OR SERVICES (if applicable): Certain products or Services may be available online through the Site. These products or Services are sold as-is with no warranty of fitness, merchantability, or any other kind (express or implied) made by us. There is no return or exchange available for products or services sold through the Site directly, you assume all risk associated with your purchases, and all sales are final. You hereby release us of any and all causes of action in connection with such products and Services and further waive all legal recourse in connection therewith. If we are utilizing a third-party platform to process production and fulfillment of any products or Services, you agree to be bound by said third-party’s terms and conditions, privacy policy, and protocols for returns and/or exchanges, further directing your attention to such third-party platform as your only point of contact regarding the same and, again, holding us harmless from any claims in connection therewith.
8. ACCURACY OF BILLING AND ACCOUNT INFORMATION (if applicable): We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
9. OPTIONAL TOOLS: We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as-is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new Services and/or features through the Site (including the release of new tools and resources), such new features and/or Services also being subject to these Terms.
10. THIRD-PARTY LINKS: Content from other users and third parties may be made available to you through the Site (“Third-Party Content”). Because we do not control Third Party Content, you agree that we are not responsible for any such content. We make no guarantees about the accuracy, currency, suitability quality of the information in such Third-Party Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Third-Party Content made available by other users or third parties, or violation of any third-party rights related to such content. Links on our Site to third-party sites (if any) are provided solely as a convenience to you, and if you use these links, you will leave our Site. We make no representations whatsoever about any other site which you may access through this one. When you access such a third-party site, even one that may contain our name or logo, please understand that it is independent and that we have no control over the content on the same. You do so entirely at your own risk and release us of all liability in connection therewith. In addition, a link to a third-party site does not mean that we endorse or accept any responsibility for the content thereon, or the use thereof. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
11. PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here.
12. GLOBAL AVAILABILITY: Information we publish on the World Wide Web may contain references or cross references to products, programs and Services that are not announced or available in your country. Such references do not imply that we intend to announce such products, programs or Services in your country. To address uncertainty as to what may be available, please contact us at MEpsteinLaw@Gmail.com.
13. ERRORS, INACCURACIES AND OMISSIONS: Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability (if applicable). We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Services or on our Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on our Site, should be taken to indicate that all information in the Services or on any related Site has been modified or updated.
14. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY: We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. You agree that from time to time we may remove the Services for indefinite periods of time or cancel Services at any time, without notice to you. You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and services delivered to you through the Services are (except as expressly stated by us) provided 'as-is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Services providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Site, Services or any products procured using the Site or Services, or for any other claim related in any way to your use of the Site, Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Site, Services or otherwise, even if advised of their possibility. In states or jurisdictions which do not allow exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law in those jurisdictions.
If, notwithstanding the foregoing, we 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 this Site or its Services, our liability shall in no event exceed, in the aggregate, the greater of (a) the fee and service charge for accessing this site, or (b) One Hundred United States Dollars ($100.00 USD).
15. INDEMNIFICATION: You agree to indemnify, defend and hold us, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Services providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. This provision shall survive the termination of this agreement and remain in full force and effect.
16. DURATION OF ACCESS: you agree that we, in our sole discretion, may immediately terminate your access to the Site and Services at any time, for any reason. You agree that we will not be liable to you or any other party for the same.
17. TAXES (if applicable): Transactions conducted through our Services may be subject to taxes in your jurisdiction. In the event we collect taxes as legally obligated, we will remit such taxes to applicable taxing authorities. The listed prices for items may not include taxes, but the taxes will be displayed before a buyer confirms the purchase. Taxes may be estimated based on offers made on items but remain subject to change if the final sale price differs from the original offer. Taxes are based on several factors, including price, location, and state, local, federal, or other applicable rates at time of purchase. Although we may assess estimated taxes upon purchase or sale, you will be ultimately responsible for the verification and reporting of any and all applicable taxes to the appropriate tax authorities, including instances where we do not collect taxes on your behalf.
18. ELECTRONIC COMMUNICATIONS: The communications between you and us use electronic means, whether through the Site or via email. For contractual purposes, you: (a) consent to receive communications from us in an electronic form; and, (b) agree that all terms of Services, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
19. MOBILE DEVICES: If permitted or available through any feature of the Site, and you access the Site using text messaging or a mobile device or application, you are responsible for any and all fees associated with any such mobile access, including all applicable data fees, and for complying with all terms of use imposed by the carrier
20. SEVERABILITY: In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination not affecting the validity/enforceability of all remaining provisions.
21. HEADINGS AND INTERPRETATION: The headings and sub-heading in these Terms are included for reference purposes only and will not affect the meaning or interpretation of the Terms in any way. The words “include,” “includes,” or “including” will be deemed to be follow by “without limitation.” The Terms will be construed without regard to any presumption or rule requiring construction or interpretation against the drafting party.
22. TERMS SPECIFIC TO YOUR GEOGRAPHIC LOCATION: If you are a user in California, then certain provisions apply with regard to applicable laws. Notwithstanding anything to the contrary in the agreement, the following takes precedence with respect to users in California.
California Civil Code
California Civil Code Section 1789.3, entitles users from California to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, and by phone at (916) 445-1254 or (800) 952-5210.
23. TERMINATION: The obligations and liabilities of the parties hereto incurred prior to termination shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination (if applicable); and/or accordingly may deny you access to our Site and Services (or any part thereof).
24. DISPUTES:
For Residents Outside of the EU and UK
THIS SECTION SETS FORTH THE TERMS PURSUANT TO WHICH DISPUTES BETWEEN YOU AND US WILL BE RESOLVED THROUGH INDIVIDUAL ARBITRATION (“ARBITRATION AGREEMENT”). PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND US TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER.
With respect to any dispute, claim, or controversy arising out of or related to your access of the Site, Services, and any products sold or distributed through the same, all rights and obligations and all actions contemplated by these Terms shall be governed by the laws of Florida, United States, as if the Terms were a contract wholly entered into and wholly performed within Florida.
ANY DISPUTE AIRISNG OUT OF OR RELATING IN ANY WAY TO YOUR ACCESS OR USE OF THE SITE/SERVICES, ANY PRODUCTS SOLD OR DISTRIBUTED THROUGH THE SITE, THESE TERMS, OR THE RELATIONSHIP BETWEEN YOU AND US (OTHER THAN CLAIMS RELATING TO OUR INTELLECTUAL PROPERTY RIGHTS OR THOSE OF OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS OR CLAIMS IN EQUITY) SHALL BE RESOLVED BY CONFIDENTIAL ARBITRATION BY VIDEO CONFERENCE OR, AT THE ARBITRATOR’S DISCRETION, BY IN-PERSON HEARING IN THE COUNTY WHERE YOU RESIDE (UNLESS THE BATCH ARBITRATION PROCESS APPLIES) AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR WILL DECIDE YOUR CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR HAVE A JUDGE OR JURY DECIDE THE CLAIM. YOUR RIGHTS TO PREHEARINRG EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION.
It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitrable shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction, and you consent to our choice of jurisdiction and venue for any such proceeding with no claim based on forum non conveniens.
Arbitration under this agreement shall be conducted by a sole arbitrator under the American Arbitration Association’s Consumer-Related Disputes Supplementary Rules in effect when the arbitration in commenced, except as they may be modified herein. A party who wishes to initiate arbitration must provide the other party with a demand for arbitration (the “Demand”). The Demand must include: (a) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable), as well as the email address associated with any applicable account; (b) a statement of the legal claims being asserted and the factual bases of those claims; (c) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; and (d) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (i) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
Subject to the Batch Arbitration process described below, you agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and: (1) no arbitration or proceeding shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; (3) the parties waive and there is no right or authority for any dispute to be brought in a purported collective, representative capacity on behalf of the general public or any other persons, or mass action basis; and, (4) only individual relief is available. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, MASS OR REPRESENTATIVE PROCEEDING.
To increase the efficiency of administration and resolution of arbitrations, you and us agree that in the event that there are one hundred (100) or more individual Demands of a substantially similar nature filed against us by or with the assistance of the same law firm, group of law firms, or organizations, within a sixty (60) day period (or as soon as possible thereafter), the AAA shall (I) administer the arbitration demands in batches of 100 requests per batch (plus, to the extent there are less than 100 requests left over after the batching described above, a final batch consisting of the remaining requests); (II) appoint one arbitrator for each batch; and (III) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). All parties agree that Demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Procedural Arbitrator”). In an effort to expedite resolution of any such dispute by the Procedural Arbitrator, the parties agree the Procedural Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Procedural Arbitrator’s fees shall be shared equally by you and us if you are the party seeking the appointment of the Procedural Arbitrator.
You and us agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of requests, as well as any steps to minimize the time and costs of arbitration (which may include the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes, and the adoption of an expedited calendar of the arbitration proceedings). This Batch Arbitration process shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Changes to this arbitration provision shall not apply to any claim that was filed in a legal proceeding against us or you prior to the effective date of the modification. You may opt out of any such changes within thirty (30) days after an update has taken effect by writing us at MEpsteinLaw@Gmail.com. If you opt out of an update, the last set of agreed upon arbitration terms will remain in force. The Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this agreement to arbitrate and any arbitration proceedings.
For Residents of the EU and UK
Any disputes arising from the interpretation, validity and/or execution of these Terms shall be subject to the mandatory jurisdiction of the competent court of the place of residence or domicile of the user. These Terms are governed by and must be interpreted in accordance with the laws of the country of the competent court. According to EU Regulation no. 524/2013 on online dispute resolution for consumer disputes, if you are an EU resident, you may, in your discretion, refer disputes through to the EU Commission’s online platform available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
25. INFRINGING CONTENT: If you are a copyright owner or an agent thereof and believe material on our Site infringes upon your copyright(s), rights of publicity, or any other rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with a legal notice with the following information in writing (see 17 U.S.C 512(c)(3) for further details):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of a legal right that is allegedly infringed;
(b) Identification of the copyrighted work or other legal right claimed to have been infringed, or, if multiple materials on our Site are intended to be covered by a single notification, a representative list of such works;
(c) Identification of the content on our Site that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate such content;
(d) Information reasonably sufficient to permit us to contact the bonafide owner of the material-at-issue, such as an address, telephone number, and, if available, an electronic mail address;
(e) A statement that the copyright owner has a good faith belief that use of the material in the manner complained of is not authorized by the owner or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the copyright owner is authorized to act with regard to the legal right that is allegedly infringed.
If you are the provider of content that was removed (or to which access was disabled)(if applicable) and you believe that such content is not infringing, or that the use of such content is authorized by the copyright owner, the copyright owner’s agent, or the law, you may provide our legal agent with a written counter-notice containing all of the following information ("Counter-Notice"): (i) your physical or electronic signature; (ii) identification of the content that was removed or to which access was disabled, and the location at which such content appeared on our Site/Services before it was removed or access to it was disabled; (iii) a statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content; and (iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if your address is outside the United States, the judicial district for which we are located.
Our designated legal agent to receive notifications of claimed infringement is: MEpsteinLaw@Gmail.Com. For clarity, only DMCA or other legal notices should go to our legal agent; any other feedback, comments, requests for technical support, and other communications should be directed MEpsteinLaw@Gmail.com. The alleged copyright owner/their representative acknowledges that failure to comply with all of the above requirements may render their legal notice not valid.
26. ENTIRE AGREEMENT: Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this Site or in respect to the Services constitutes the entire agreement and understanding between you and us and governs your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). You hereby agree to refrain from disparaging (such term to include both false statements and negative statements) us, publicly and privately, in perpetuity. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
27. GOVERNING LAW: Regardless of your place of residence, your use of the Site in accordance with Terms is governed by the laws of the State of Florida and not by the laws of any other jurisdiction (except where the laws of another jurisdiction mandate the application of that jurisdiction’s laws). As a result, and except where these Terms state otherwise or where the laws of another jurisdiction mandate the application of jurisdiction in your state or country of residence, you submit to the exclusive jurisdiction of the courts of Florida.
28. CHANGES TO TERMS OF SERVICES: You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Services following the posting of any changes to these Terms constitutes acceptance of those changes. You agree that we will provide notices and messages to you regarding the Services, if required, via email. You may provide us notice or contact us with any questions or concerns via email at MEpsteinLaw@Gmail.com.