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TERMS AND CONDITIONS OF WEBSITE USE AGREEMENT
WELCOME! PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE
VIEWING, USING OR PURCHASING ANY SERVICE(S) THROUGH THIS WEBSITE.
BY VIEWING OR USING THIS WEBSITE, OR BY PURCHASING ANY SERVICES
THROUGH THIS WEBSITE, YOU INDICATE YOUR ACCEPTANCE OF, AND AGREEMENT
TO BE BOUND BY, THE TERMS AND CONDITIONS SET FORTH BELOW (THE "AGREEMENT").
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW,
PLEASE EXIT THIS WEBSITE IMMEDIATELY.
TERMS AND CONDITIONS
1. Acceptance.
1.1 This Agreement constitutes your entire agreement with Becker
& Poliakoff, P.A., Marni Becker-Avin, and www.TheRightJury.com
(hereinafter collectively referred to as "Becker & Poliakoff")
with respect to your use of TheRightJury.com website (the "Website").
You must agree to abide by all of the terms and conditions contained
in this Agreement in order to continue viewing or using the Website.
1.2 Becker & Poliakoff reserves the right to change, modify,
add or remove any portion of this Agreement, in whole or in part,
at any time in its sole and absolute discretion. Changes in this
Agreement will be posted at www.TheRightJury.com. It is important
for you to refer to this Agreement from time to time to make sure
that you are aware of any additions, revisions, or modifications
that Becker & Poliakoff may have made to this Agreement Your
continued use of the Website after any changes are made, shall
be deemed your acceptance of the changes.
2. Copyright. The Website is protected by copyright
pursuant to U.S. copyright laws, international conventions and other
copyright laws. Unless otherwise indicated, the contents of the
Website are only for your personal, noncommercial use. All materials
contained on the Website are owned or controlled by Becker &
Poliakoff or the party credited as the provider of the content.
You agree to abide by any and all additional copyright notices,
information, or restrictions contained in any part of the Website.
Copying or storing of any content from the Website is expressly
prohibited without prior written permission from Becker & Poliakoff
or the copyright holder as identified on the Website.
3. Trademarks. Becker & Poliakoff owns many trademarks
(the "Trademarks"). You agree not to delete any trademark
or similar notice from any contents that you obtain from the Website.
Any questions concerning the use of Trademarks should be referred
to Becker & Poliakoff in accordance with Section 18 of this
Agreement.
4. Changes to the Website. Becker & Poliakoff
may change, suspend or discontinue any aspect of the Website at
any time. Becker & Poliakoff may also impose limits on certain
features and services or restrict access to parts or all of the
Website without notice or liability.
5. Consultation Services; Limitations; Waiver of Conflicts.
5.1 Services. The Website offers you the ability to retain
the services of Becker & Poliakoff on the limited basis described
below, for the purpose of providing you with certain trial consulting
advice, including but not limited to advice related to the voir
dire process, informal focus groups, web-based focus groups, theme
analysis, and related activities (collectively, the "Consulting
Services"). Consulting Services shall be provided to you
only upon your unconditional acceptance of these terms and your
payment in full of the applicable fee.
5.2 Limitations. There are myriad variables that can
effect the outcome of the trial process, many of which are neither
predictable nor controllable. You acknowledge and agree that trial
consultation services are not an exact science and, therefore,
Becker & Poliakoff cannot and does not guarantee the results
of the Consulting Services for any given situation.
6. Waiver of Conflicts. Becker & Poliakoff may provide
the Consulting Services to other parties, one or more of whom may
have interests that are directly adverse to yours. Due to the highly
time-sensitive nature of the Consulting Services, Becker & Poliakoff
will not run a conflict check prior to providing the Consulting
Services to you. In providing web based services we do not ask for
the name of the client, so as to minimize actual conflicts arising;
but this very process makes it possible that on rare occasions such
conflicts may in fact exist. Accordingly, you hereby knowingly
and voluntarily agree to waive any conflict, whether actual or potential,
that may arise from Becker & Poliakoff providing the Consulting
Services to other parties, whether such conflict is direct or indirect.
Under no circumstances will we make the results of consulting services
done for you, be they focus group results or advice, known to any
third party without explicit authorization from you.
7. Registration and Payment Policy. Registration
and payment is required for the use of certain portions and services
of the Website.
7.1 Unless otherwise agreed to by Becker & Poliakoff, all
fees for services purchased through this Website are payable in
advance. By purchasing services through this Website, you agree
to pay all charges to your account, including but not limited
to applicable costs or taxes, in accordance with the billing terms
in effect at the time the fee or charge becomes payable.
7.2 We reserve the right to terminate your account for any valid
reason including, but not limited to, your failure to pay any
applicable fees, at any time, without giving you advance notice.
8. Representations and Warranties. You represent,
warrant and covenant that:
8.1 You are at least eighteen years old; and
8.2 You will not upload, post, transmit, distribute or otherwise
publish through the Website any materials which:
8.2.1 Restrict or inhibit any other user from using and enjoying
the Website;
8.2.2 Are unlawful, threatening, abusive, libelous, defamatory,
obscene, pornographic, profane, or indecent;
8.2.3 Constitute or encourage conduct that would constitute
a criminal offense, give rise to civil liability or otherwise
violate the law;
8.2.4 Violate, plagiarize or infringe the rights of any third
party including, without limitation, copyright, trademark, patent,
rights of privacy or publicity, or any other right of any third
party;
8.2.5 Contain a virus or other harmful or potentially harmful
component;
8.2.6 Contain any information advertising of any kind; and/or
8.2.7 Constitute or contain false or misleading indications
of origin or statements of fact.
9. Links to Other Sites. From time to time, the Website
may contain links to other World Wide Web sites and resources. If
you click on these links, you will be transported to other websites
that are neither owned nor controlled by Becker & Poliakoff
(collectively, "Third Party Sites"). Becker & Poliakoff
is providing these links to you for informational purposes only,
and you acknowledge and agree that Becker & Poliakoff has no
control over the statements, products or services featured or sold
at the Third Party Sites. Links to Third Party Sites do not constitute
an endorsement by Becker & Poliakoff of the Third Party Sites,
nor any of the statements, products or services offered or sold
at the Third Party Sites.
10. Links From Other Sites. Any other party that
links to the Website:
10.1 Shall not create a browser or border environment around
any of the content of the Website;
10.2 May link to, but not replicate, the Website's content;
10.3 Shall not imply that the Website or Becker & Poliakoff
is endorsing or sponsoring it or its products;
10.4 Shall not present false information about Becker & Poliakoff
or its products or services;
10.5 Shall not use Trademarks without the prior written permission
from Becker & Poliakoff; and
10.6 Shall not contain content that could be construed as distasteful,
offensive or controversial.
11. Notice Specific to Documents Available on the Website.
11.1 From time to time, we may make informational documents available
for download or purchase at the Website (the "Documents").
The Documents are the copyrighted work of Becker & Poliakoff.
11.2 The Documents posted on the Website are meant to address
a broad range of issues relating to the litigation process, and
are provided for educational purposes only. While you may find
the Documents helpful and informative, they are not meant to replace
or diminish the need for legal counsel or trial consultants/litigation
strategist.
11.3 You may use the Documents for your own personal, noncommercial
use provided that you do not (i) modify the Documents or (ii)
remove or alter any copyright notices that may appear in the Documents.
12. Content Uploaded by You.
12.1 From time to time, Becker & Poliakoff may permit you
to upload information, questions, text or data to the Website
("Your Content"). Your Content is your sole responsibility.
This means that you, and not Becker & Poliakoff, are entirely
responsible for all of Your Content that you upload, post, e-mail,
transmit or otherwise make available via the Website. Under no
circumstances will Becker & Poliakoff be liable in any way
for any of Your Content including, but not limited to, any errors
or omissions in Your Content, or for any loss or damage of any
kind incurred as a result of the use of any of Your Content made
available via the Website.
12.2 You acknowledge that we do not pre-screen Your Content,
but that we have the right, but not the obligation, in our sole
discretion to store, modify, copy, transmit over various networks,
refuse or move any of Your Content that is available on the Website.
You agree that you must evaluate, and bear all risks associated
with, the use of any of Your Content including, but not limited
to, any reliance on the accuracy, completeness, or usefulness
of Your Content.
13. WARRANTY; LIMITATIONS.
13.1 This is an agreement for services, and not for the sale
of goods.
13.2 THE WEBSITE, INCLUDING ALL CONTENT, OFFERS, FUNCTIONS, SERVICES
AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT
FROM THE WEBSITE, IS PROVIDED "AS IS." TO THE FULLEST
EXTENT PERMISSIBLE BY LAW, BECKER & POLIAKOFF AND ITS SUBSIDIARIES
AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND
WHATSOEVER ABOUT:
13.2.1 THE EFFECTIVENESS OF THE CONTENT ON THE WEBSITE;
13.2.2 THE CONTENT, OFFERS, FUNCTIONS, MATERIALS AND INFORMATION
ACCESSIBLE THROUGH THE WEBSITE;
13.2.3 ANY INFORMATION OR SERVICES OFFERED BY THIRD PARTIES,
OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR,
13.2.4 ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION
OF INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE.
13.3 FURTHER, BECKER & POLIAKOFF AND ITS SUBSIDIARIES AND
AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING,
WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. BECKER & POLIAKOFF DOES NOT WARRANT
THAT THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN
WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED;
OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. BECKER & POLIAKOFF
AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE
USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT
AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR
DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO
THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S
LAW IS APPLICABLE TO THIS AGREEMENT.
13.4 BECKER & POLIAKOFF DOES NOT WARRANT THAT YOUR ACTIVITIES
OR USE OF THE WEBSITE ARE LAWFUL IN ANY PARTICULAR JURISDICTION
AND, IN ANY EVENT, SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU
UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU
ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR
ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR
USE THE WEBSITE.
14. Limitation of Liability. Under no circumstances
shall Becker & Poliakoff be liable for any special, incidental,
indirect or consequential damages even if Becker & Poliakoff
has been advised of the possibility of such damages, and regardless
of whether such damages arise in contract, tort, negligence or otherwise.
Some states do not allow the exclusion or limitation of incidental
or consequential damages, so the above limitation or exclusion may
not apply to you. In no event shall Becker & Poliakoff's total
liability to you for all damages, losses, or causes of action exceed
the amount of a complete refund for the services purchased by you
at the Website in the three (3) month period preceding the alleged
loss or claim.
15. Indemnity. You agree to indemnify Becker & Poliakoff, its
officers, employees, owners, representatives, agents, subsidiaries,
affiliates, officers, partners, suppliers, and licensors (hereinafter
individually and collectively referred to as "Indemnitees")
and Becker & Poliakoff agrees to control any litigation, negotiations,
discussions, settlements, or associated dealings, for any claims,
demands, penalties, fines, liabilities, attorneys' fees, court costs,
legal expenses and causes of action of any nature, whether civil
or criminal, for losses and/or damages of any kind which may be
brought against Becker & Poliakoff and/or Indemnitees, in any
way, directly or indirectly, incident to, arising out of, in connection
with or resulting from your use of the Website.
16. Florida Law and Jurisdiction. Notwithstanding any provision
to the contrary, this Agreement and the interpretation of its terms
shall be governed and construed in accordance with the laws of the
State of Florida, without regard to its conflicts of laws rules.
The parties consent to the sole and exclusive jurisdiction and venue
of the Florida state courts in Broward County, Florida, for all
state court matters, and the Southern District of Florida for all
federal court matters.
17. Notices; Electronic Notification.
17.1 When you use the Website or sign up for any service through
the Website, you consent to receive any privacy or other notices,
agreements, disclosures, reports, documents, communications, or
other records (collectively, "Notices"), whether or
not the Notices are related to the service you signed up for or
product you purchased, from Becker & Poliakoff electronically.
You consent to receive Notices electronically in either or both
of the following ways:
17.1.1 We may post the Notice on our website (www.TheRightJury.com);
or,
17.1.2 We may transmit the Notice to you by email.
17.2 If you do not wish to receive Notices from TheRightJury.com
electronically, you should not become a customer of, or purchase
anything through, the Website.
17.3 All Notices provided to you electronically will be deemed
to be "in writing." You acknowledge and agree that your
consent to receive Notices electronically is being provided in
connection with a transaction affecting interstate commerce that
is subject to the federal Electronic Signatures in Global and
National Commerce Act, and that we both intend that the Act apply
to the fullest extent possible to validate our ability to conduct
business with you by electronic means.
17.4 In order to receive Notices electronically from TheRightJury.com,
you must have (i) an Internet browser, such as Internet Explorer
4.0 or greater or Netscape Navigator 4.0 or greater; (ii) an email
account and email software; (iii) a personal computer, operating
system and telecommunications connections to the Internet capable
of supporting the foregoing; (iv) sufficient electronic storage
capacity on your computer's hard drive or other data storage unit;
and (v) a printer that is capable of printing from your browser
and email software.
17.5 All notices that are required to be delivered to Becker &
Poliakoff shall be sent by certified U.S. Mail, return-receipt
requested, or by overnight courier to the following address:
Becker & Poliakoff, P.A.
3111 Stirling Road
Fort Lauderdale, Florida 33312
Attention: Marni Avin-Becker, Esq.
18. Miscellaneous. This Agreement contains the sole
and entire agreement between the parties with respect to the subject
matter of this Agreement and supersedes any and all other prior
written or oral agreements between them. Captions contained in this
Agreement are inserted only as a matter of convenience or for reference
and in no way define, limit, extend, or describe the scope of this
Agreement or the intent of any provision of this Agreement. It is
the intent of the parties that neither this Agreement, nor any covenant
in this Agreement, shall be construed against either party pursuant
to the common law rule of construction against the drafter. It is
the intent of the parties that said rule not be applicable to this
Agreement. The parties waive all rights to trial by jury in any
action or proceeding instituted in connection with this Agreement.
If any provision of this Agreement shall be held invalid or unenforceable
by any court of competent jurisdiction or as a result of future
legislative action, such holding or action shall be strictly construed
and shall not affect the validity or effect of any other provision
of this Agreement.
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