Last Updated: January 7, 2020
The ToS constitute the entire agreement between you and our Practice, and govern your use of the Practice on the web, via any domain name, or via an app. It takes the place of all prior agreements between you and our Practice.
These Terms of Service control the relationship between you — an individual accessing our Information and Website — and Practice, and all disputes arising out of or related to it, shall be governed by the laws of the United States and specifically the District of Columbia, without regard to its conflict of law provisions.
You and our Practice agree to submit to the personal and exclusive jurisdiction of the courts located within the District of Columbia, and to waive any objection to the laying of venue there.
Our Practice’s failure to enforce any part of the ToS will not waive our Practice’s ability to enforce it, and any waiver with regard to a specific instance shall not constitute a waiver of any other breaches of the ToS, even with regard to the same user.
If any provision of the ToS is found by a court of competent jurisdiction to be invalid, you agree that the court should give effect to the party’s intentions as reflected in the provision, and that the other provisions of the ToS remain in full force and effect.
You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Content or the ToS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
C. As-Is/As Available
- Our Practice provides Content on an “as is” and “as available” basis. Our Practice does not warrant (that is, does not make a legally binding promise) that our Content will meet your requirements; that our Content will be uninterrupted, timely, secure, or error-free; or that the results you get from using the Content will be accurate, reliable, or satisfactory to you. We will endeavor to provide the best possible service to accessing information about the Practice, but many things (e.g., possible outages, hackings, etc.) are not within our control and we cannot provide for all eventualities. In the event we learn of a breach of Personal Data that is under or within our control, we will notify affected individuals as soon as practicable.
- Please notify David Benowitz 409 7th St NW #222, Washington, DC 20004 of any known or suspected breach of security that impacts your access to our Practice; if you access our Practice via a mobile device, we recommend that said device be password-protected to prevent unauthorized access of your data.
- Content may not be downloaded, copied, modified, produced, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, translated, published, performed or otherwise exploited for any other purposes whatsoever without Our prior written consent.
- The content on the Content, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), that are owned by or licensed to our Practice, are subject to copyright and other intellectual property rights under the law.
- Any material you download, view, or otherwise access through the Website is at your own risk. You will be solely responsible for any damage or loss of data that results from the download of any such material.
- We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The ToS govern your use of the Website, and therefore no communication from anyone associated with our Practice will create any warranty that isn’t expressly stated in the ToS.
- You expressly agree that our Practice shall not be liable to you for any damages of any kind (even if our Practice has been advised of the possibility of such damages) resulting from the Website, including but not limited to your use of or inability to use the Website; unauthorized access to or changes in Content or information you submit; and the acts and statements of third parties who use the Website.
- You agree that our Practice shall not be liable to you or any third party for any termination of or limitation on your access to our Practice. Our Practice may change, end, or put on hiatus the Website, or parts of its Content, at any time.
- You agree that our Practice shall not be liable to you for any claim arising out of Content you make available, your use of the Website, your connection to the Website, your use of the ToS, or your violation of any rights of another.
- You agree that your use of any Content created by our Practice, including any Website, does not create an attorney-client relationship between you and our Practice and/or any attorney affiliated therewith.
- The Firm does not wish to represent anyone desiring representation based upon viewing this Website in a state where this Website fails to comply with all laws and ethical rules of that state.
- Our Practice reserves the right to discontinue any aspect of its Website at any time.
In other words, our Practice is not liable to you for allowing you to access Content, download Content, use the Website, or submit information to our Practice.
D. What you can’t do:
You agree not to use the Website (as well as the e-mail addresses and URLs of our Practices):
- to make available any Content or work that violates the Content Policy as defined herein;
- to impersonate any person or entity, including, but not limited to, our Practice’s attorneys, or any representative thereof, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Practice or any our sites, servers, networks, or Content;
- to remove watermarks or source identifiers, logos and/or code from content hosted on our Website;
- to make available any Content that a court has ruled constitutes patent, trademark, trade secret or copyright infringement;
- to make available any unsolicited or unauthorized advertising (defined as solicitations for direct or indirect commercial advantage), junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- to make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer or hardware or telecommunications equipment;
- to interfere with or disrupt any of our Websites, Information, hosted Content or sites, servers or networks connected to our Practice’s sites;
- to create an account if you are a resident or national of any country to which the U.S. has prohibited transactions by mandating a trade embargo, as detailed further by the State Department;
- to use our Content or Websites to break any law that applies to you, including any rules or regulations having the force of law. Just by way of example, do not use the Content to disseminate restricted technologies or violate laws governing the export of technical data. This provision is not intended to deal with matters subject to the Content Policy, but the Content Policy cannot cover every law in every country. As a general matter, the Practice follows US law.
E. Data and Content Processing
In order to communicate with you, we have to process certain data and information including Personal Data that we collect from Users, and that each User inputs. In order to operate the site, host our Websites, Information and Content, and prevent technical issues and breaches, we need to process (e.g. collect, store, retrieve, disseminate, make available, and delete) certain data and information including personally identifying information, also known as “Personal Data”. Personal Data includes your username, your email address, your IP information and any personally identifying information you enter on the Website, including information that you submit or provide to Us.
C. About possible changes:
D. our Practice adherence to the TOS:
If you feel that this Practice is not following its stated information policy, please contact our Practice Personnel at firstname.lastname@example.org.
E. What we will do:
- Any information you include in any submission to the Practice, including information about your religious views, political views or your sexual identity, or any personally identifying information such as your email address or location, may be used, viewed and/or accessed by Practice employees, attorneys, consultants, experts and/or designees pursuant to our Practice confidentiality policies.
- We collect personally identifying information such as your IP address and e-mail address when you request an Content invitation, register for a user account with the Content, visit any of the sites and Content that are part of our Practice family of sites, or use any of the Content’s Content. We may use third-party processes to store, process, or transmit data, or perform other technical functions related to operating the Website. These Content may include spam detectors, backup Content, icon hosting, and e-mail Content; a list of third-party Content is provided in our Subprocessor List. We may store or process your Personal Data in data centers which may be located in the United States or other countries.
- We collect, process and retain the following data for the following reasons:
- E-mail Addresses: We collect e-mail addresses of and from those who communicate with us via e-mail and any Content or Personal Data included in e-mails to us. We need this information so we can respond to you, and for other legal and accounting/audit reasons including maintaining the integrity of the Content and the Content that we host;
- User-Specific Information: We collect information about what pages users access or visit including your interactions with Content features as well as IP address (which may manifest with approximate or inaccurate location information) browser and operating system types, access times and dates, as well as referral information (i.e. data about what site you are coming to the Content from) and whether there are errors in displaying Content to you. We need this information to maintain the integrity of the site, the Website and the Content that we host; to provide you with the Content that you are seeking; to minimize spam; and for other legal and accounting/audit reasons.
- You consent to our collection, processing and retention of your Content, including personal data, when you submit data, information and Content to the Practice, including for purposes of providing services to you by the Practice if you choose to obtain legal services from the Practice or our affiliated attorneys.
- You consent to our collection, processing, retention and use of your IP address for a limited time. We need this consent to manage and maintain the Practice and our Websites, and to provide you with services and Content.
- If you obtain legal services from the Practice, when you submit a payment for such services, you give informed and unambiguous consent that the personally identifying information that you submit in conjunction with your payment (“Payment Information”) can be collected, processed and retained for for legal and accounting/auditing purposes. Payment Information includes your check/bank information credit or debit card number, card expiration date, CVV code, cheque payment information and billing/payment account address. Payment Information used at our
- Practice, and is shared with payment processors/providers to process payments; prevent, detect and investigate fraud or other prohibited activities; facilitate dispute resolution such as chargebacks or refunds; and for other purposes associated with the acceptance of credit or debit cards. Payment Information also includes the name and address that you submit to the Practice.
- We reserve the right to send our clients and potential and former clients correspondence and emails regarding news about our attorneys, as well as site policy updates and other matters concerning the management and integrity of our Practice.
4. The IP address of our Practice’s visitors is collected and processed by our Practice and our website management/maintenance team; we need this information so we can provide you with the Content that you are requesting, correspond with you, and for other legal and accounting audit reasons including maintaining the integrity of the Content and the Content that we host. Certain IP information may be collected by the server for log purposes and used for limited technical assessments of the Website.
5. Logs of server interactions, as well as event logs are collected and processed. We need this information for legal and accounting/audit reasons, including maintaining the integrity of the Content that we host, corresponding with our users, and providing users with Content.
F. What we will not do:
We will not sell, trade, or rent your Personal Data, but we may use your Personal Data to best serve our clients. Except as provided under this policy, we will not disclose your Personal Data to any third party without your prior consent unless we (1) are legally compelled to do so, (2) have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order, or legal process served on our Practice, or (3) are cooperating with law enforcement authorities. As to (3), we will cooperate with all investigations conducted by law enforcement authorities within the United States of America when legally required to do so. Cooperation with law enforcement authorities from other countries and cooperation when it is not legally required are at our sole discretion. Our discretion looks favorably on freedom and justice, and unfavorably on oppression and violence.
Unless legally prohibited, we will attempt to notify you any time we disclose your Personal Data to a third party. In some cases, the information we have, such as an IP address, may be insufficient for us to notify you.
C. Threatening the technical integrity of the Website
Conduct that threatens the technical integrity of the Content, e.g. attempts to hack the Website or spread viruses through it, will result in an immediate report of such actions to appropriate law enforcement entities.
D. EU Residents
If you are a resident or citizen of the European Community, you are generally entitled to access personal information that our Practice holds and to have inaccurate data corrected or removed to the extent our Practice has access to and/or maintains it. In certain circumstances, you also may have the right to object for legitimate reasons to the processing or transfer of personal information. If you wish to exercise any of these rights, please use the Contact Form to make a request.
E. DMCA POLICY
If you believe that your content has been reproduced in whole or in part, without transformative use (transformative use is defined by our Practice as adding something new, with a further purpose or different character, altering the source with new expression, meaning, or message), please follow our procedures for reporting copyright infringement.
The report must be submitted via email and must clearly and specifically indicate the exact location (URL), nature, and extent of each instance of allegedly infringing content, as well as the exact copyrighted material that is being infringed, as well as full and complete contact information for the copyright holder and/or an authorized agent.
To file a copyright infringement notification with us, you will need to send a communication to us with all of the following information in it, using this format:
Include a statement telling us that you have found Content on our Practice which you believe infringes your copyright (for example, “I hereby confirm that I believe the article identified below infringes my copyright”).
- Tell us which country your copyright applies to.
- Tell us the title of the content concerned and the full URL for its page.
- Explain to us in what way that content infringes your copyright (e.g. the text is copied, the entire article is a copy of an original work made by you, etc.)
- Identify the type (e.g. a book, a short article, a poem, etc.). and details of (e.g. title, publisher, dates, etc.) the copyright work which you own the rights in, and which you believe has been infringed. If this information is available on the internet, it is helpful to send us a link.
- Let us have contact information so that we can get in touch with you (email address is preferred).
- Let us have the contact information which we can pass on to the submitter of the content concerned, so that they can get in touch with you to resolve your complaint directly (email address is preferred).
- Include the following statement: “I have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law. I swear that the information contained in this notification is accurate and that I am the copyright owner (or legal representative thereof) or otherwise have the exclusive right in law to bring infringement proceedings with respect to its use.”
- Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.
Send the notice, in English, to the below address:
Subject: our Practice Copyright Infringement Notification
Our DMCA Agent is Heidi Tandy, and her address is 1691 Michigan Ave., Suite 250, Miami Beach, FL 33139
Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content and any other party designated by our Practice.
Before submitting a report of infringement to our Practice, be sure you know whether the content that you have seen on our Practice infringes your copyright. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process and remember that most countries’ copyright law does not give one person ownership of an idea, but ownership of the specific words or image used to express that idea.
II. Content Age Policy
This Age Policy covers the Content’s treatment of users (a) who are residents or citizens of the European Union and of the age where consent of a parent or legal guardian is required for the processing of personal data of children including email addresses and IP addresses, as well as certain uses of cookies; and (b) who are under the age of thirteen (13) and residents or citizens of any other country.
In compliance with United States regulations regarding online privacy for children, the Content does not knowingly solicit or collect information from children under the age of thirteen (13). Children under the age of thirteen (13) are therefore not permitted to have an account or upload Content of any type to the Content. By submitting data and/or content to the Practice, you thereby confirm that you are thirteen (13) years old or older, and of the age to legally grant consent to have us use, process and retain your Personal Data as well as Special Categories of Personal Information in the country where you reside and/or are a citizen.
Asking a parent or legal guardian to upload Content does not constitute submitting Content under this policy. If you are under the age of thirteen (13) and not an Age-Barred Individual (as defined below), your parent or legal guardian may upload your Content through their account.
We as an organization have opted to protect teen users’ privacy. As a result, we cannot receive or host Content from individuals that we know are under the age of sixteen and residents/citizens of the European Union, unless they are residents/citizens of the EU countries that allow the collection of Special Categories of Personal Data from those at a younger age (“Age-Barred Individuals”). Age-Barred Individuals may not maintain accounts or submit Content.