TERMS OF USE

Thank you for visiting the website of Carl Forbes Jr. Law Firm PLLC (“CFJ Law”). Our website provides general information about the legal services that we offer and/or other general information and resources. The Terms of Use and our Privacy Policy establish the conditions under which you may access and use this website. By accessing and using this website, you agree to be bound by the Terms of Use and our Privacy Policy then in effect and by all applicable laws. If you do not agree with any of the Terms of Use or our Privacy Policy, you should not access or use this website for any purpose. We reserve the right to terminate or limit your access to this website for any violation of the Terms of Use or our Privacy Policy, or for any other reason, in our sole discretion.

Age Requirement                                                                       

By accessing this website, you represent that you are, at least, 18 years old and you have the required power and authority to agree to these Terms of Use. Children under the age of 18 are prohibited from using this website.

No Attorney-Client Relationship Formed

Although the website is owned by a law firm, by accessing this information, services or products, you are not entering into an attorney-client relationship with the firm or any of its attorneys. An attorney-client relationship will only be formed upon the execution of an engagement letter between you and the firm. At no point during your access to the website will you form an attorney-client relationship. All information, services or products provided on this website are for educational purposes only. None of the information, services or products provided on this website constitutes legal advice, nor does it necessarily reflect the opinions of the firm, our attorneys, or our clients.

Representation

If you are interested in asking us to represent you, please call, email, or otherwise contact us so we can determine whether the matter is one for which we are willing and able to accept professional responsibility. Our telephone number(s) and email address(es) are listed on our website. If you submit information to us by email or otherwise, you acknowledge that the submitted information is not confidential or privileged. We may decline any representation and may be required to decline representation if it would create a conflict of interest with any of our current or former clients.

Your Responsibilities

You agree that any personal information you provide to this website will be true, accurate, current, and complete and that you will update all personal information as necessary.

Stock Photography

Free stock photography may be found on this website. All images being used have an irrevocable, non-exclusive copyright license to download, copy, modify, distribute, perform, and use the photos for free, including for commercial purposes, without permission from or attributing the photographer. Images of people on this website may be actor portrayals and not lawyers and/or clients.

Third-Party Links

This website may contain links to third-party websites. The Terms of Use and Privacy Policy only address the use and disclosure of information we collect on this website. Other websites accessible through our website via links or other means have a separate and unrelated privacy policy. CFJ Law is not responsible for the privacy policies, terms of use, or practices of third parties.

Comments and Feedback

If, at our request, you send certain specific submissions (for example contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. We take no responsibility and assume no liability for any comments posted by you or any third party.

You agree to the following statements:

·      Your comments will not violate any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary right.

·      Your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could impact the operation of this website or a related website or the delivery of any product or service.

·      You will not use a fake or false email address, pretend to be someone, or mislead us or third parties regarding the origin of any comments.

·      You are solely responsible for any comments you make and their accuracy.

No Warranties | Limitation on Liabilities

We do not warrant that the quality of any information, product or service, or other material obtained by you will meet your expectations, or that any errors in the product or service will be corrected. You are accessing the information, products or services “as is” and “as available,” 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, disability, title, and non-infringement.

You expressly agree that your use of, or inability to use, the website, information, products or services is at your sole risk. We are not responsible if information made available on this site is not accurate, complete or current. The materials on this site are provided for general information only and should not be relied upon or used as the only basis for making decisions without consulting primary, more accurate, complete or timely sources of information, including an attorney. Any reliance on the material on this site is at your own risk.

We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free. We do not guarantee, represent or warrant that your use of our website, its servers, or any transmissions sent from us or through this website will be free of any harmful components, including viruses.

CFJ Law, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall not 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, strict liability or otherwise, arising from your use of any of the website or any products obtained using the website, or for any other claim related in any way to your use of the service or any product, including, without limitation, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the website or any content or product posted, transmitted, or otherwise made available via the website, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless CFJ Law and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service 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 of Use or the documents they incorporate by reference or your violation of any law or the rights of a third party.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our services, or when you cease using our website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, 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. Additionally, we may deny you access to our services, whether in whole or in part, for your violation of these Terms of Use.

Legal and Ethical Requirements

The decision to hire an attorney is an important one, which you should not base solely on advertisements. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other attorneys. Prior results do not guarantee similar outcomes.

Capacity to Accept Terms of Use

By accessing or using our website, you affirm that you (1) are, at least, 18 years old, or an emancipated minor, or possess legal, parental, or guardian consent; (2) are fully able and competent to understand and enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use and our Privacy Policy; and (3) agree to comply with these Terms of Use and our Privacy Policy. In any case, you acknowledge that these websites are not intended for children under the age of 13 and affirm that you are more than 13 years old. Please do not use these websites if you are under 13 and talk to your parents or guardian about which websites you can visit.

Waiver

CFJ Law’s waiver of any of the provisions of these Terms of Use shall not be deemed, nor shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of CFJ Law.

Severability

If any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use and such severance shall not affect the validity and enforceability of any remaining provisions.

Updates to Terms of Use

CFJ Law may change or update any part of these Terms of Use at any time without notice. We will post any such change or update to this website. Any change or update will be effective immediately upon posting. Under certain circumstances, we may choose to notify you of, and/or obtain your consent to, changes or updates to these Terms of Use by additional means, such as by posting a notice on the front page of our website or by sending you an email. It is your responsibility to check this page periodically for changes. Your continued use of the website or access to the information, products, and services offered on this website after a posted change or update to these Terms of Use constitutes acceptance of those changes.

Entire Agreement

These Terms of Use and related documents represent the entire agreement and understanding between you and CFJ Law and govern your use of the products and services. These Terms of Use supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including, without limitation, any prior versions of the Terms of Use. Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

Governing Law | Jurisdiction

The Terms of Use is governed by the laws of the State of New York, USA, without regard to choice of law provisions. U.S. federal and state courts located in the State of New York, USA, are the exclusive forum and have sole jurisdiction for any dispute.

Claims of Copyright Infringement | Digital Millennium Copyright Act

CFJ Law is committed to complying with U.S. copyright and related laws and requires all customers and users of our website to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements.

If you claim to be the copyright owner of any content, you agree to immediately notify the firm of any claimed copyright infringement. You further agree to provide the firm's copyright agent the following information as required by the DMCA, Title 17, U.S.C. § 512:

·      your physical or electronic signature or that of a person authorized to act on behalf of you, the purported owner of an exclusive right that is allegedly infringed;

·      identification of the copyright or work claimed to have been infringed, or a multiple copyrighted work at a single online site or covered by a single notification, or a representative list of such works at that site;

·      identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

·      information reasonably sufficient to permit us to contact you, the complaining party, or the person authorized to act on your behalf;

·      a statement that you, the complaining party, have a good faith belief that the use of the material in the manner complained of is not authorized by you the copyright owner, your agent, or the law; and

·      a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of you, the owner of an exclusive right that is allegedly infringed. 

For notice of claims of copyright infringement on or relating to the website, contact us at cfj@cfjlawnyc.com or by sending a letter via U.S. Mail to:

Carl Forbes Jr., Esq.
Carl Forbes Jr. Law Firm PLLC
137 Montague St. Suite 136
Brooklyn, NY 11201

We will respond expeditiously to either directly or indirectly (1) remove the allegedly infringing work(s) stored on the website or (2) disable access to the work(s). We will also notify the affected customer or user of the website of the removal or disabling of access to the work(s). Copyright owners may use their own notification of claimed infringement form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to the firm, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.

If you receive a notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to the firm. Upon our receipt of a counter notification that satisfies the DMCA requirements, the firm will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification. In all events, you expressly agree that the firm will not be a party to any disputes or lawsuits regarding alleged copyright infringement.

If a notification of claimed infringement has been filed against you, you can file a counter notification with the firm's designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.

Material available in and on our website is protected by copyright law.

Copyright © 2018 Carl Forbes Jr. Law Firm PLLC. All Rights Reserved.

Effective

August 28, 2018