Terms and Conditions
Terms and Conditions of Use:
Last Updated December 12, 2024.
Thank you for visiting the Poliakoff Law, PA, ("Poliakoff Law,” “we”, “us”, or “our”) website. These Terms and Conditions of Use ("Terms and Conditions" or “Terms”) are a legal and binding agreement between you and Poliakoff Law governing your access to and use of the website located at https://poliakofflaw.com and any websites that Poliakoff Law maintains which link to these terms (the website and/or any portion thereof, the “Site”). The information contained on the Site is provided for educational and informational purposes only. The information presented through the Site is not and should not be considered as legal advice. The Site and its functions are not an offer by Poliakoff Law to perform legal services on any general or specific matters.
These “Terms and Conditions” outlines the conditions on which the Site is made available. Read the Terms and Conditions carefully. If you use this Site, you are deemed to have read, understood, and agreed to these Terms and Conditions.
Poliakoff Law may update, change, modify, or revise these Terms and Conditions at any time and for any reason. Any changes will become effective upon publication to the Site, along with the date on which it was most recently revised as indicated by the “Last Updated” heading at the top of these Terms and Conditions. Your continued access to and/or use of the Site after any such modifications constitutes your acceptance of the Terms and Conditions as modified. It is your responsibility to review the Terms and Conditions regularly for updates. You may contact Poliakoff Law at any time if you would like to request general or specific information regarding any modifications to the Terms and Conditions. If any modification to these Terms and Conditions is held to be invalid, void, or unenforceable for any reason by a court of competent jurisdiction, such modifications shall be deemed severable and shall not affect the validity and enforceability of these Terms and Conditions and its remaining provisions.
Use:
Poliakoff Law hereby grants you a non-exclusive, non-transferable, revocable, limited right and license to access and use the Site solely for your personal use in conformity with these Terms and Conditions. You shall not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit the Site.
Poliakoff Law may at any time, for any reason, and without notice or liability: (a) modify, suspend, or terminate operation of or access to the Site and related services, or (b) change, revise, or modify the Site and affiliated services.
No relationship or obligation arises from the use of the Site:
Using the Site, or communicating with Poliakoff Law by Internet e-mail or through the Site does not create an attorney-client relationship between any person and Poliakoff Law. The content and features on the Site do not create, and are not intended to create an attorney-client relationship, and shall not be construed as legal advice. The content and features of the Site, including means to submit questions or information, do not constitute an offer to represent you or otherwise give rise to an attorney/client relationship.
SITE PROVIDED “AS IS”; DISCLAIMER OF ALL WARRANTIES:
THE SITE IS PROVIDED "AS IS”. POLIAKOFF LAW MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND ONLINE SERVICES. POLIAKOFF LAW EXPRESSLY STATES IT MAKES NO WARRANTIES OF ANY KIND CONCERNING THE SITE, ITS FUNCTIONS, ITS CONTENTS, OR YOUR USE OF THE SITE. POLIAKOFF LAW FURTHER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, POLIAKOFF LAW DOES NOT GUARANTEE THAT YOUR USE OF THE ONLINE SERVICES OF THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
Restrictions on Use:
You agree not to reproduce, distribute, publicly display, or otherwise transfer the Site; adapt, alter, modify, reverse engineer, disassemble, or decompile the Site; prepare derivative works based on the Site or any Poliakoff Law technology; remove, obscure, or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Site; frame, mirror, or in-line link the Site, or incorporate into another website, application, or other service any Poliakoff Law intellectual property; use the Site for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity; attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means; interfere with any access control measures or attempt to disable or circumvent such security features; post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability; submit or post any false or misleading information; and/or violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Poliakoff Law, its licensors, or any other person or entity. Any unauthorized use automatically terminates the license granted to you hereunder. Poliakoff Law may, in its sole discretion and without prior notice, block and/or terminate your access to the Site and if we determine that you have violated these Terms and Conditions or other terms or agreements or that may be associated therewith or if you use the Site in a way that we deem, in our sole discretion, to be unacceptable.
Poliakoff Law reserves the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Site, users, us, our brand, our business partners and licensors, or any other person or entity, or that violates these Terms and Conditions and/or applicable law.
Confidentiality is Not Guaranteed:
Information sent to Poliakoff Law via Internet e-mail or through the Site is not secure and is done on a non-confidential basis. Poliakoff Law may make reasonable efforts to keep communications private, but the nature of Internet communications and the absence of an attorney/client relationship precludes our ability to guarantee the confidentiality and security of materials submitted to Poliakoff Law through the Site.
Use of Cookies:
Cookies are used to automatically record certain non-personal information about your visit to our website such as the time and extent of your use of the site. Information gathered is used for systems administration and to track potential abuse of our terms and conditions of use. Cookies do not contain personal information and are deleted from the user’s computer upon leaving the applicable Poliakoff Law, PA website. The limited non-personal information that we do collect helps us to understand traffic flow throughout our website. We may provide summary statistics about traffic patterns, consisting of anonymous aggregate data, to a reputable third party. These statistics do not contain personal information.
Use of IP Addresses:
IP addresses are used to help diagnose problems with our server and to administer our website. Your IP address is a code that is assigned to your computer every time you connect to the Internet. We use aggregated IP address information to compile reports on the demographics of the usage of the Poliakoff Law, PA website for purposes of system administration, marketing, and to track potential abuse of our terms and conditions of use. We do not use IP address information in a form that is personally identifiable except where that IP address has been responsible for violation of our terms and conditions of use. At all times, we reserve the right to respond to and comply with law enforcement and judicial processes, including but not limited to responses to subpoenas.
Poliakoff Law Is Not Responsible for Website Content; Limitation on Liability:
Poliakoff Law may periodically change, remove, or add the material on the Site without notice to Site users. Material that is removed or changed may contain technical or typographical errors. Poliakoff Law does not guarantee the accuracy, completeness, or suitability of the information contained within or displayed on the Site. Poliakoff Law assumes no liability or responsibility for any errors or omissions in the Site's contents. Your use of the Site is at your own risk. Under no circumstances shall Poliakoff Law or any other party involved in the creation, production or delivery of the Site be liable to you or any other person for any indirect, special, incidental, or consequential damages of any kind arising from your access to, or use of, the Site.
To the maximum extent permitted by applicable law in no event shall Poliakoff Law be liable for any special, indirect or consequential damages relating to this material, for any use of this website.
Poliakoff Law expressly disclaims any and all liability arising out of or associated in any way with the use of this website.
Legal and Ethical Requirements:
Poliakoff Law has tried to comply with all legal and ethical requirements in creating the Site. We welcome comments about our compliance with the applicable rules and will update the Site as warranted, upon learning of any new or different requirements. To the extent that the professional responsibility rules of any jurisdiction require us to designate a principal office or an attorney responsible for the Site, Poliakoff Law, P.A. designates its office in Miami, Florida (USA), 4750 SW 80th Street, Miami, FL and attorney Payton Poliakoff.
Advertising Disclosure:
The Site advertises the legal services of our firm offers to the public. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.
Governing Laws in Case of Dispute; Jurisdiction:
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, USA, without regard to any choice of law principles. Any and all disputes arising hereunder shall be governed as set forth in the Arbitration section below.
Submissions:
You are solely responsible for any information, content, or material you transmit to or through the Site (“Submissions”). You understand that Submissions are considered non-confidential and non-proprietary. Furthermore, you grant Poliakoff Law an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, copy, reproduce, display, publish, publicly perform, transmit, and distribute any Submission, without compensation or accounting to you or anyone else. Through your use of the site and its services you represent and warrant that: (a) you have the right to submit the Submission to Poliakoff Law and grant the licenses as described above; (b) Poliakoff Law will not need to obtain licenses from any third party or pay royalties to any third party for its use of the Submission; (c) the Submission does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (d) the Submission complies with these Terms and Conditions and all applicable laws and regulations.
Poliakoff Law takes no responsibility and assumes no liability for any Submission.
Arbitration:
All claims by you arising out of or related to the Site or your use thereof may be resolved only through a binding arbitration proceeding to be conducted under the Commercial Arbitration Rules of the American Arbitration Association in Miami-Dade County, Florida. Both your agreement to arbitrate all controversies, disputes, and claims and the results and awards rendered through the arbitration, will be final and binding on you and may be specifically enforced by legal proceedings. Arbitration will be the sole means of resolving such controversies, disputes, and claims, and you waive your rights to resolve such controversies, disputes, and claims by court proceedings or any other means. You agree that judgment may be entered on the award in any court of competent jurisdiction and, therefore, any award rendered shall be binding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
YOU HEREBY UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO ARBITRATION AS A MECHANISM TO RESOLVE ALL CONTROVERSIES, DISPUTES, AND CLAIMS BETWEEN US, YOU ARE WAIVING CERTAIN RIGHTS, INCLUDING THE RIGHT TO BRING AN ACTION IN COURT, THE RIGHT TO A JURY TRIAL, THE RIGHT TO BROAD DISCOVERY, AND THE RIGHT TO AN APPEAL. YOU UNDERSTAND THAT IN THE CONTEXT OF ARBITRATION, A CASE IS DECIDED BY AN ARBITRATOR (ONE OR MORE), NOT BY A JUDGE OR A JURY.
International Use:
The Site is controlled, operated, and administered by Poliakoff Law from offices within the United States of America and is only intended for use therein. Poliakoff Law makes no representation regarding the use of the Site outside of the United States.
Other Terms:
If, for any reason, these Terms and Conditions, our Privacy Policy, or any portions of either thereof are held to be unenforceable, such provisions shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms and Conditions and the Site’s Privacy Policy shall continue in full force and effect. Poliakoff Law’s failure to act concerning a breach of the Terms and Conditions by you or others does not waive our right to act concerning that breach or subsequent or similar breaches. No consent or waiver by Poliakoff Law hereof will be deemed effective unless in writing. These Terms and Conditions, together with our Privacy Policy, as each is currently posted, constitute the entire agreement between Poliakoff Law and you concerning your use of the Site and supersede all previous written or oral agreements relating to the subject matter hereof, except that this agreement shall not supersede, restrict, or replace any agreements governing the attorney-client relationship between Poliakoff Law and its Clients.
This Site is designed to be accessible to and usable by people with and without disabilities. Please call us at (305) 606-2696 or email us at pwhp@poliakofflaw.com if you encounter an accessibility or usability issue on this site.