LISA B. SINGER PLLC
TERMS OF SERVICE
TERMS & CONDITIONS OF USE OF OUR WEBSITE
Terms and Conditions
Last updated: May 13, 2022
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
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Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
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Country refers to: New York, United States
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Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Lisa B. Singer PLLC, 200 Broadhollow Rd, Melville, NY 11747, USA.
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Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
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Service refers to the Website.
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Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
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Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
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Website refers to Elder Law Attorney Long Island, accessible from https://ElderAttorneyLongIsland.com
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You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
THIS AGREEMENT
PLEASE REVIEW THESE TERMS OF USE BEFORE USING THE WEBSITE. This is a legal agreement (the “Agreement”) between you (“You” or “Your”) and Lisa B. Singer PLLC (“Lisa B. Singer PLLC”) regarding Your use of Lisa B. Singer PLLC’s website and related non-legal services (collectively, the “Website”).
By using the Website, You represent and warrant that You have read and understood, and agree to be bound by, the Agreement and Lisa B. Singer PLLC’s Privacy Policy (the “Privacy Policy”). By using the Website, You further represent and warrant that You are 18 years old or older, and that You are otherwise legally qualified to enter into contracts under applicable law. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, OR ARE NOT LEGALLY QUALIFIED TO ENTER INTO CONTRACTS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.
CHANGE
Lisa B. Singer PLLC may, at any time and without further notice, revise this Agreement or the Privacy Policy by posting an amended version on the Website. Any changes will be effective immediately upon posting. It is Your responsibility to review this Agreement and the Privacy Policy periodically. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE. Unless Lisa B. Singer PLLC obtains Your express consent, any revised Privacy Policy will apply only to information collected by Lisa B. Singer PLLC after such time as the revised Privacy Policy takes effect. Lisa B. Singer PLLC also may, at any time and without notice, modify or discontinue the Website. You agree that Lisa B. Singer PLLC shall have no obligation of any sort in connection with any modification or discontinuance of the Website.
INFORMATIONAL PURPOSES ONLY
Lisa B. Singer PLLC hereby grants You a nonexclusive license to download and display the Website, and to reproduce the content located thereon, in each case solely for Your personal, non-commercial use. Lisa B. Singer PLLC provides the Website for informational purposes only. THE WEBSITE DOES NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, LEGAL ADVICE OR OPINION.
NO ATTORNEY-CLIENT RELATIONSHIP
YOUR USE OF THE WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND Lisa B. Singer PLLC SIMILARLY, THE TRANSMISSION OF INFORMATION TO AND FROM Lisa B. Singer PLLC BY MEANS OF THE WEBSITE IS NOT AN ATTORNEY-CLIENT COMMUNICATION. If You would like Lisa B. Singer PLLC to represent You, You should complete our online case submission form. If the matter in connection with which You seek representation involves other parties, be sure to list each and every one of them on the online case submission form. If Lisa B. Singer PLLC agrees to represent You, it will inform You by email or telephone, and will provide an engagement agreement setting forth the basis of the representation. Unless and until You have executed and returned that engagement agreement, and Lisa B. Singer PLLC has confirmed its receipt, no attorney-client relationship exists.
Unless an attorney-client relationship exists between You and Lisa B. Singer PLLC, You shall not represent to any third party, either directly or by implication, that You are represented by Lisa B. Singer PLLC, or that Lisa B. Singer PLLC is in any way involved in Your matter. Without limiting the foregoing, unless an attorney-client relationship exists between You and Lisa B. Singer PLLC, You shall not copy Lisa B. Singer PLLC, or any attorney or employee of Lisa B. Singer PLLC, on any emails or letters in a manner that could reasonably be interpreted by any third party to mean that You are represented by Lisa B. Singer PLLC.
NO ATTORNEY-CLIENT PRIVILEGE
BECAUSE YOU ARE NOT A CLIENT OF Lisa B. Singer PLLC INFORMATION PROVIDED BY YOU TO Lisa B. Singer PLLC MAY NOT BE PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE. It is possible that Lisa B. Singer PLLC already represents, or in the future may represent, a party whose interests are adverse to Yours. In that case, Lisa B. Singer PLLC may not be able to treat information received from You as privileged.
COMMUNICATIONS MADE TO THIRD PARTIES BY MEANS OF THE WEBSITE; SHARE THIS PAGE FEATURE
You acknowledge that any communications sent by You to third parties by means of the Website (e.g. through a “share this page” or “tell-a-friend” form), whether by email or otherwise, are not private, and such communications may be read by third parties with or without Your knowledge. Further, You agree that the content of any communications that You send to third parties by means of the Website shall be non-confidential and non-proprietary. Lisa B. Singer PLLC reserves the right to use such communication for any purpose.
PROHIBITED USES
You represent and warrant that You will not use the Website to:
- Upload or transmit content that violates the privacy, intellectual property, or other proprietary rights of any third party;
- Transmit viruses, Trojan horses, worms, malicious code, or other harmful or destructive content;
- Violate this Agreement, the Privacy Policy, or any applicable law or regulation, including without limitation laws designed to regulate unsolicited email or other electronic advertising;
- Harm the goodwill or standing of Lisa B. Singer PLLC or any of its clients, partners, employees, affiliates, agents, contractors, or representatives;
- Attempt to probe, scan, test, or violate the security features of the Website or of any associated system or network, or to obtain unauthorized access to materials or other information stored thereon;
- Attempt to interfere with the use of the Website by any other user.
Lisa B. Singer PLLC reserves the right to cooperate fully in any investigation by law enforcement officials of any violation of this Agreement.
THIRD-PARTY WEBSITES
The Website may contain links to websites operated by third parties (“Third-Party Websites”). Lisa B. Singer PLLC does not have control over Third-Party Websites, each of which may be governed by its own terms of service and privacy policy. Lisa B. Singer PLLC has not reviewed, and cannot review, Third-Party Websites, and therefore does not warrant or endorse any Third-Party Website or the content appearing thereon. By visiting or using Third-Party Websites, You assume all responsibility and liability for all resulting harms, whether to You or to any third party, including without limitation as resulting from Your downloading or use of any content, software or other materials available therefrom.
CONSENT TO RECEIVE EMAIL FROM Lisa B. Singer PLLC
By becoming a client of Lisa B. Singer PLLC, You consent to receive Lisa B. Singer PLLC’s periodic newsletter (the “Newsletter”), which Lisa B. Singer PLLC distributes by email to Your address on file with Lisa B. Singer PLLC. When You complete Lisa B. Singer PLLC’s online case submission form, You may also choose to be added to Lisa B. Singer PLLC’s newsletter emailing list. If You are not a client and would like to stop receiving Lisa B. Singer PLLC’s newsletter or other automated follow-up emails, You should click on the opt-out link contained in any of the email newsletters or other automated follow-up emails.
INTELLECTUAL PROPERTY
The content located on the Website, including without limitation this Agreement, is the copyrighted property of Lisa B. Singer PLLC or its licensors. Similarly, the Lisa B. Singer PLLC name, the KRInternetLaw.com domain name, the registered service mark, “Pioneering the Internet Law Frontier,” the service mark, “Internet Law Is Our Domain,” and all other names and logos used by Lisa B. Singer PLLC in connection with the offering of Lisa B. Singer PLLC’s goods and services are the trademarks and service marks, or registered trademarks, or registered service marks, of Lisa B. Singer PLLC or its licensors. Except as explicitly permitted, neither Your use of the Website nor this Agreement grants You any right, title or interest in or to Lisa B. Singer PLLC and Lisa B. Singer PLLC’s licensors’ copyrights, trademarks and service marks. Copyright © 2019 to the present, Lisa B. Singer PLLC, LLP. ALL RIGHTS RESERVED.
If You believe that material located on or linked to by the Website infringes one or more of Your copyrights, please immediately notify Lisa B. Singer PLLC by means of a fax to 415-955-1158. Your fax should include: a signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf; an identification of the copyright claimed to have been infringed; a description of the nature and location of the material that You claim to infringe Your copyright, in sufficient detail to permit Lisa B. Singer PLLC to find and positively identify that material; Your name, address, telephone number, and email address; and a statement by You (i) that You believe in good faith that the use of Your copyrighted material is not authorized by law, or by the copyright owner or such owner’s agent and, (ii) under penalty of perjury, that all of the information contained in Your faxed notice is accurate, and that You are either the copyright owner or a person authorized to act on their behalf.
DISCLAIMER OF WARRANTIES
Lisa B. Singer PLLC HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, Lisa B. Singer PLLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. OPERATION OF THE WEBSITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ALL HARMS, WHETHER TO YOU OR TO ANY THIRD PARTY, ARISING OR RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION AS RELATE TO ANY DAMAGE TO YOUR SYSTEMS OR DATA.
LIMITATION OF LIABILITY
THE LIABILITY OF Lisa B. Singer PLLC IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Lisa B. Singer PLLC SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, REGARDLESS OF ANY ADVICE OR NOTICE GIVEN TO Lisa B. Singer PLLC, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE. ADDITIONALLY, THE MAXIMUM LIABILITY OF Lisa B. Singer PLLC UNDER ALL CIRCUMSTANCES WILL BE THE AMOUNT PAID BY YOU TO Lisa B. Singer PLLC IN CONSIDERATION OF YOUR USE OF THE WEBSITE OR $25, WHICHEVER IS LESS. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN Lisa B. Singer PLLC AND YOU. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
INDEMNITY
You agree to defend, indemnify, and hold harmless Lisa B. Singer PLLC and its partners, employees, affiliates, agents, contractors, and representatives (the “Lisa B. Singer PLLC Parties”) from and against all claims, losses, costs, damages, liabilities, and expenses (including without limitation attorneys’ fees) arising out of or relating to: (i) Your use of the Website; (ii) any violation by You of this Agreement; or (iii) Your submission to Lisa B. Singer PLLC by means of the Website of incomplete, inaccurate or untimely information or other data. The Lisa B. Singer PLLC Parties shall have the right, but not the obligation, to participate through counsel of their choice in any defense by You under this Section.
TERMINATION
In the event of a breach by You, this Agreement and all licenses granted thereunder shall automatically terminate, except that the following provisions will survive: 4-5, 9-12 and 15. Any termination of this Agreement terminates all of Your rights to use the Website, including Your license to the content located thereon. Without limiting any other provision of this Agreement, Lisa B. Singer PLLC reserves the right to, in its sole discretion and without notice or liability, deny use of the Website to any person for any reason or no reason at all.
COMMUNICATION CONCERNING AVAILABILITY OF PROFESSIONAL EMPLOYMENT
The Website and certain issues of the Newsletter are “communications” within the meaning of Rule 1-400 of the New York Rules of Professional Conduct. Neither this Website nor the Newsletter is intended as, nor should they in any way be construed as, “Solicitations” as also defined by Rule 1-400. If You believe that the Website violates any applicable ethical rule, whether in Your jurisdiction or elsewhere, You should immediately leave the Website, and should disregard all information and other materials available thereon.
CHOICE OF LAW; JURISDICTION AND VENUE
The Website is located and operated by Lisa B. Singer PLLC in Melville, New York. This Agreement shall be interpreted and enforced as though executed in Melville, and shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law principles. THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THE WEBSITE OR THIS AGREEMENT WILL BE THE STATE AND FEDERAL COURTS LOCATED IN Melville, New York. YOU HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.
Entire Agreement
This Agreement constitutes the entire agreement between Lisa B. Singer PLLC and You concerning Your use of the Website. This Agreement may only be modified as stated in Section 2, above, or by amendment signed by an authorized representative of Lisa B. Singer PLLC.
Severability; Waiver
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Assignment
This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of Lisa B. Singer PLLC. Notwithstanding the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
Relationship
Without limiting any other provision of this Agreement, this Agreement creates no agency, partnership, joint venture, or employee-employer relationship between You and Lisa B. Singer PLLC.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: lisa@nyelderlawgroup.com