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Welcome to our Web site. By using
our site, you are agreeing to comply with and be bound by the
following terms of use. Please review the following terms carefully.
If you do not agree to these terms, you should not use this
site. The term “Saxena White P.A.,” “Saxena
White,” “SW,” “S.W.,” “us,” “we” or “our” refers
to Saxena White P.A. The term “you” refers to the
user or viewer of our Web site.
You agree to the terms and conditions set forth in this
Terms of Use Agreement (“Agreement”) with respect
to our site (the “Site”). This Agreement constitutes
the entire and only agreement between us and you, and supersedes
all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site
and the subject matter of this Agreement. This Agreement
may be amended at any time by us from time to time without
specific notice to you. The latest version of the Agreement
will be posted on the Site, and you should review this
Agreement prior to using the Site.
The content, organization, graphics, design, compilation,
magnetic translation, digital conversion and other matters
related to the Site are protected under applicable copyrights,
trademarks and other proprietary (including but not limited
to intellectual property) rights. The copying, redistribution,
use or publication by you of any such matters or any part
of the Site, except as allowed by Section 3 below, is strictly
prohibited. You do not acquire ownership rights to any
article, document or other materials viewed through the
Site. The posting of information or materials on the Site
does not constitute a waiver of any right in such information
and materials. Some of the content on the Site may be the
copyrighted work of third parties.
You are granted a non-exclusive, non-transferable, revocable
license (a) to access and use the Site solely in accordance
with this Agreement; (b) to use the Site solely for internal,
personal, non-commercial purposes; and (c) to print out
discrete information from the Site solely for internal,
personal, non-commercial purposes and provided that you
maintain all copyright and other policies contained therein.
No print out or electronic version of any part of the Site
or its contents may be used by you in any litigation or
arbitration matter whatsoever under any circumstances. -
Your license for access and use of the Site and any information,
materials or documents (collectively defined as “Content
and Materials”) therein are subject to the following
restrictions and prohibitions on use: You may not (a) copy,
print (except for the express limited purpose permitted
by Section 3 above), republish, display, distribute, transmit,
sell, rent, lease, loan or otherwise make available in
any form or by any means all or any portion of the Site
or any Content and Materials retrieved there from; (b)
use the Site or any materials obtained from the Site to
develop, of as a component of, any information, storage
and retrieval system, database, information base, or similar
resource (in any media now existing or hereafter developed),
that is offered for commercial distribution of any kind,
including through sale, license, lease, rental, subscription,
or any other commercial distribution mechanism; (c) create
compilations or derivative works of any Content and Materials
from the Site; (d) use any Content and Materials from the
Site in any manner that may infringe any copyright, intellectual
property right, proprietary right, or property right of
us or any third parties; (e) remove, change or obscure
any copyright notice or other proprietary notice or terms
of use contained in the Site; (f) make any portion of the
Site available through any timesharing system, service
bureau, the Internet or any other technology now existing
or developed in the future; (g) remove, decompile, disassemble
or reverse engineer any Site software or use any network
monitoring or discovery software to determine the Site
architecture; (h) use any automatic or manual process to
harvest information from the Site; (i) use the Site for
the purpose of gathering information for or transmitting
(1) unsolicited commercial email; (2) email that makes
use of headers, invalid or nonexistent domain names, or
other means of deceptive addressing; and (3) unsolicited
telephone calls or facsimile transmissions; (j) use the
Site in a manner that violates any state or federal law
regulating email, facsimile transmissions or telephone
solicitations; and (k) export or re-export the Site or
any portion thereof, or any software available on or through
the Site, in violation of the export control laws or regulations
of the United States.
Information contained on or made available through the
Site is not intended to and does not constitute legal advice,
recommendations, mediation or counseling under any circumstance.
The Site and your use thereof does not create an attorney-client
relationship. We do not warrant or guarantee the accurateness,
completeness, adequacy or currency of the information contained
in or linked to the Site. Your use of information on the
Site or materials linked to the Site is entirely at your
own risk. You should not act or rely on any information
on the Site without seeking the advice of a competent attorney
licensed to practice in your jurisdiction for your particular
problem. The information contained herein does not necessarily
reflect the opinions of our clients. -
We may make available through the Site sample forms, checklists,
business documents and legal documents (collectively, “Documents”).
All Documents are provided on a non-exclusive license basis
only for your personal one-time use for non-commercial
purposes, without any right to re-license, sublicense,
distribute, assign or transfer such license. Documents
are provided without any representations or warranties,
express or implied, as to their suitability, legal effect,
completeness, currentness, accuracy, and/or appropriateness.
THE DOCUMENTS ARE PROVIDED “AS IS”, “AS
AVAILABLE”, AND WITH “ALL FAULTS”, AND
WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may
be inappropriate for your particular circumstances. Furthermore,
state laws may require different or additional provisions
to ensure the desired result. You should consult with legal
counsel to determine the appropriate legal or business
documents necessary for your particular transactions, as
the Documents are only samples and may not be applicable
to a particular situation.
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You may provide links to the Site, provided (a) that you
do not remove or obscure, by framing or otherwise, the
copyright notice or other notices on the Site, (b) your
site does not engage in illegal or pornographic activities,
and (c) you discontinue providing links to the Site immediately
upon request by us.
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Choosing an attorney is a serious matter and should not
be based solely on information contained on the Site or
in advertisements and may not be accomplished by sending
us confidential information related to you and/or your
company unless we have expressly authorized the submission
of such information by written authorization.
You may send us e-mail. However, if you communicate with us in connection with
a matter for which we do not already represent you, you should not send us confidential
or sensitive information via e-mail because your communication will not be treated
as privileged or confidential. If you communicate with us by e-mail in connection
with a matter for which we already represent you, you should note that the security
of Internet e-mail is uncertain. By sending sensitive or confidential e-mail
messages which are not encrypted, you accept the risks of such uncertainty and
possible lack of confidentiality over the Internet.
To the extent the Bar Rules in your jurisdiction require
us to designate a single attorney responsible for this
site, we designate Joe White, email: jwhite@saxenawhite.com.-
We practice law only in jurisdictions in which we are properly
authorized to do so. We do not seek to represent anyone
in any jurisdiction where the Site does not comply or is
in any way inconsistent with the rules governing communication
of legal services in a particular state. We are unwilling
to assume the representation of clients from those states
where the materials do not comply with State Bar requirements
and where the client is generated as a result of that communication.
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Unless otherwise specified, the attorneys listed on the
Site are not certified by the Texas Board of Legal Specialization
and are not certified as a specialist in any practice area
by the Tennessee Commission on the Continuing Legal Education
and Specialization.
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We do not represent or warrant that the Site will be error-free,
free of viruses or other harmful components, or that defects
will be corrected. We do not represent or warrant that
the information available on or through the Site will be
correct, accurate, timely or otherwise reliable. The law
is constantly changing and the information may not be complete
or accurate depending on your particular legal issue. Each
legal issue depends on its individual facts and different
jurisdictions have different laws and regulations. We may
make changes to the features, functionality or content
of the Site at any time. We reserve the right in our sole
discretion to edit or delete any documents, information
or other content appearing on the Site.
Third party content may appear on the Site or may be accessible
via links from the Site. We are not responsible for and
assume no liability for any third party content. You understand
that the information and opinions in the third party content
represent solely the thoughts of the author and is neither
endorsed by nor does it necessarily reflect our belief. -
We reserve the right to investigate complaints or reported
violations of this Agreement and to take any action we
deem appropriate, including but not limited to reporting
any suspected unlawful activity to law enforcement officials,
regulators, or other third parties and disclosing any information
necessary or appropriate to such persons or entities relating
to your profile, email addresses, usage history, IP addresses
and traffic information.
You agree to indemnify, defend and hold us and our partners,
associates, agents, attorneys, employees, subcontractors,
successors, assigns, and affiliates (collectively, “Affiliated
Parties”) harmless from any liability, loss, claim
and expense related to your violation of this Agreement
or use of the Site.-
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH
THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL
FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED,
ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER
OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE). THE INFORMATION AND SITE MAY
CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE
AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER,
EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT
NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES
ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS,
LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED
ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION
OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF
THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE
AND THE INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT
SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR
OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR
GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN
THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
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We and any Affiliated Party shall
not be liable for any loss, injury, claim, liability, or
damage of any kind resulting in any way from (i) any errors
in or omissions from the Site or information obtained,
(ii) the unavailability or interruption of the Site or
any features thereof, (iii) your use of the Site, (iv)
the content contained on the Site, or (v) any delay or
failure in performance beyond the control of an Affiliated
Party.
THE AGGREGATE LIABILITY OF US AND
THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING
OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED $100 AND
THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH
YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
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We reserve the right, and you authorize us, to the use
and assignment of all information regarding Site uses by
you and all information provided by you in any manner consistent
with our Privacy
Policy. Our Privacy
Policy, as it may change from time to time, is a part
of this Agreement. You may review this Privacy
Policy on our website.
The Site contains links to other Web sites. We are not
responsible for the content, accuracy or opinions express
in such Web sites, and such Web sites are not investigated,
monitored or checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Site does not imply
approval or endorsement of the linked Web site by us. If
you decide to leave our Site and access these third-party
sites, you do so at your own risk.-
We respect the intellectual property of others, and we
ask you to do the same. If you believe that your work has
been copied in a way that constitutes copyright infringement,
please provide our Copyright Agent the following information:
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;
A description of where the material
that you claim is infringing is located on the Site;
Your address, telephone number, and
email address;
A statement by you that you have a
good faith belief that the disputed use is not authorized
by the copyright owner, its agent, 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. Our Copyright
Agent for Notice of claims of copyright infringement on
the Site can be reached by directing an e-mail to the Copyright
Agent at jwhite@saxenawhite.com.
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You agree to comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your
use of the Site and the Content and Materials provided
therein.
This Agreement shall be treated as though it were executed
and performed in Boca Raton, Florida, and shall be governed
by and construed in accordance with the laws of the State
of Florida (without regard to conflict of law principles).
Any cause of action by you with respect to the Site must
be instituted within one (1) year after the cause of action
arose or be forever waived and barred. All actions shall
be subject to the limitations set forth in Section 16 and
Section 17. The language in this Agreement shall be interpreted
as to its fair meaning and not strictly for or against
any party. Any rule of construction to the effect that
ambiguities are to be resolved against the drafting party
shall not apply in interpreting this Agreement. The headings
in this Agreement are included for convenience only and
shall neither affect the construction or interpretation
of any provision of this Agreement nor affect any of the
rights or obligations of the parties to this Agreement.
Should any part of this Agreement be held invalid or unenforceable,
that portion shall be construed as much as possibly consistent
with applicable law and the remaining portions shall remain
in full force and effect. To the extent that anything in
or associated with the Site is in conflict or inconsistent
with this Agreement, this Agreement shall take precedence.
Our failure to enforce any provision of this Agreement
shall not be deemed a waiver of such provision nor of the
right to enforce such provision. Our rights under this
Agreement shall survive any termination of this Agreement.-
Any legal controversy or legal claim arising out of or
relating to this Agreement or the Site (excluding legal
action taken by us or you to collect or recover damages
for, or obtain any injunction relating to, intellectual
property ownership or infringement), shall be settled solely
by confidential binding arbitration in accordance with
the commercial arbitration rules of JAMS. Any such controversy
or claim shall be arbitrated on an individual basis, and
shall not be consolidated in any arbitration with any claim
or controversy of any other party. The arbitration shall
be conducted in Boca Raton, Florida. Each party shall bear
one-half of the arbitration fees and costs incurred through
JAMS, and each party shall bear its own attorneys’ fees.
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