Terms of Service
Website Terms and Conditions of Use
Haymes Law, PA (“HAYMES LAW”)
Website Terms and Conditions of Use
Revised as of April 1, 2019
Welcome to HaymesLaw.com (the “Website”). HAYMES LAW provides access to the Website to you subject to the following terms and conditions. In return for accessing the Website, you agree to be bound by these terms and conditions of use without limitation or qualification. This is a legally binding agreement between you as the user(s) of the Website (sometimes referred to as “you”, “your”, “User”, or “Visitor” hereinafter) and HAYMES LAW (sometimes referred to as “HAYMES LAW,” “we”, “our” or “HaymesLaw.com” hereinafter). If you do not intend to be legally bound by these terms and conditions of use, do not access or use the Website. Essentially, if you visit the Website, you accept these terms and conditions of use. Please read them carefully.
The Website may be viewed internationally, and may contain references to services not available in all countries. References to a particular service do not imply that we intend to make such services available in such countries. No warranty or representation is given that a particular service will be available for all website visitors.
When you contact us through the Website, or send an email to an address located on the Website, you are communicating with us electronically. You consent to receive a response from us electronically. We may communicate with you by e-mail or by posting notices on the Website. For example, you acknowledge and agree that we may amend these terms and conditions at any time by posting the amended and restated terms on the Website. By continuing to use the Website, you agree that the amended Terms will apply to you.
If you use the Website, you are responsible for maintaining the confidentiality of your personal information, for restricting access to your computer, and you agree to accept responsibility for all activities that occur when accessing our Website via your computer. As a condition of your access to and use of the Website, you agree that you will comply with all applicable laws and regulations. You agree to use the Website solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any information, text, images, graphics, or other information available on or through the Website (the “Website Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Website Content for the purposes of operating a business that competes with HAYMES LAW, or otherwise commercially exploiting the Website Content. You agree further not to undertake any action to undermine the integrity of our computer systems or networks and/or attempt to gain unauthorized access to such computer systems or networks.
You represent, warrant and agree that (a) you have full power and authority to accept these terms and conditions; (b) you use the Website for business purposes only; (c) you are over the age of eighteen (18), and (d) your name, email address, and phone number that you provide through the Contact Us page is accurate. You further warrant and agree that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any information you submit; (b) any information that you provide us does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); and (c) you have the right and authority to secure any services requested through our Contact Us page. You further represent, warrant and agree that any information that you submit (including but not limited to, your resume) shall: (a) be true, accurate, complete and lawful; (b) not be false, misleading or deceptive; (c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors; (d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (e) not violate these terms and conditions; (f) not violate any applicable laws and regulations or promote any activities which may violate any applicable laws and regulations; and/or (g) not contain any link directly or indirectly to any other websites which includes any content that may violate these terms.
Cooperation with Law Enforcement or Legal Proceeding
We reserve the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, HAYMES LAW may disclose any communications or contact information provided to us, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. We shall not be liable for damage that results arising from such disclosure, and you agree not to bring any action or claim against us for such disclosure. You agree to indemnify HAYMES LAW, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your use of the Website or from your breach of these terms.
License and Website Access
We grant you a nonexclusive, nontransferable, revocable limited right and license to access the Website and the material provided hereon. This license does not include any rights of resale or commercial use of the Website or its contents; any collection and use of any descriptions of services; any derivative use of the Website or its contents; any downloading or copying of information for the benefit of another company; or any use of data mining, robots, or similar data gathering and extraction tools. The Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. Any unauthorized use terminates the permission or license granted by HAYMES LAW.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of HAYMES LAW so long as the link does not portray HAYMES LAW or its services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any proprietary graphic, trade name, trademark, or service mark of HAYMES LAW or any of its affiliates as part of the link without the express, written consent of HAYMES LAW.
We attempt to be as accurate as possible in describing our company and the services we offer; however, we do not warrant that service descriptions or other content of this Website is accurate, complete, reliable, current, or error-free.
These terms and conditions of use apply only to this Website, and not to the websites of any other person or entity. We may provide links to other websites or resources (such as Facebook, Twitter, LinkedIn, Instagram, and YouTube). You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, services, or other materials on or available from such other websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, or other resources available from any other website (regardless of whether we directly or indirectly link to such content, advertisements, products, services, or other resources). You should direct any concerns with respect to any other websites to that website’s administrator.
All content included on the Website, including, but not limited to, text, design, graphics, logos, button icons, images, and code, is the property of HAYMES LAW, and is protected by United States and international copyright laws. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Website without our express, written consent.
HAYMES LAW may own certain registered and unregistered trademarks in the United States or other countries, including but not limited to:
The registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of HAYMES LAW or its affiliates may not be used in connection with any business, product, or service in any manner that is likely to cause confusion among customers, the trade, or the public, or in any manner that disparages or discredits HAYMES LAW or any of its affiliates. All other trademarks, service marks, trade names, and logos not owned by HAYMES LAW that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HAYMES LAW. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of HAYMES LAW displayed or contained in the Website without our express, written consent.
One or more patents may apply to the Website and to the services accessible via the Website. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the foregoing patents, licensed patents, or the patentable inventions contained therein without the express, our expressed, written consent.
We respect the intellectual property rights of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to the “Copyright Agent” specified below:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Website;
• Your address, telephone number, and e-mail address;
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You may send any notices, including notices of copyright infringement under the Digital Millennium Copyright Act, to our designated agent for notice of claims of copyright infringement on the Website at the following addresses:
3216 Grand Avenue, Coconut Grove, FL 33133
Please note that this procedure is exclusively for notifying us that your copyrighted materials have been infringed. All intellectual property infringement claims shall be made under penalty of perjury.
THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT
Disclaimer of Warranties and Limitation of Liability
The Website is provided by HAYMES LAW on an “as is” and “as available” basis. HAYMES LAW makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website. You expressly agree that your use of the Website is at your sole risk.
To the fullest extent permissible by applicable law, HAYMES LAW disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. HAYMES LAW does not warrant that the Website or servers are free of viruses or other harmful components. HAYMES LAW will not be liable for any damages of any kind arising from or relating to the use of the Website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
The laws of the State of Florida shall govern any disputes arising out of or relating to this Website, or the services listed on the Website. By visiting the Website, you further agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these terms and conditions of use, and any dispute of any sort that might arise between you and HAYMES LAW.
Any dispute relating in any way to your visit to the Website shall be submitted to confidential binding arbitration in Miami, Florida, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, HAYMES LAW may seek injunctive or other appropriate relief in any state or federal court in the State of Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these terms and conditions of use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these terms and conditions of use shall be joined to an arbitration involving any other party subject to these terms and conditions of use, whether through class arbitration proceedings or otherwise.
Website Policies, Modification, and Severability
3216 Grand Avenue, Coconut Grove, FL 33133