Online Terms of Use
Last Updated February 2024
Welcome to https://www.weitzlux.com (the “Website”), a website owned and operated by Weitz & Luxenberg P.C. (the “Company”). To assist our Users in utilizing the functionality of our Website, and to explain the relationship arising from your use of our Website and the information and services offered through it (collectively, the “Services“), we have created, among other things, (i) these Terms of Use (“Terms of Use” or “Terms“), and (ii) a Privacy Policy. Our Privacy Policy explains how we treat certain information that we have about you, including Personal Information (as defined in the Privacy Policy), and our Terms govern your use of our Website and participation in our Services.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU USE OUR WEBSITE. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE OUR WEBSITE.
This Agreement contains a BINDING ARBITRATION AGREEMENT. These Terms affect your legal rights, including an agreement to resolve disputes that may arise between us by arbitration on an individual basis instead of by class actions or jury trials. As a condition of using this Website, you agree that any disputes pertaining to information presented herein and use of the Website shall be resolved through binding arbitration and not in a court. You have the right to Opt-out of our agreement to arbitrate.
This Website provides the Service to the User, subject to the following Terms, which you accept by accessing the Website. Company is not responsible for providing you access, facilities, or equipment (in any form) to use its Service. You also comprehend and agree that Company makes no warranty or representation about the suitability, reliability, availability, timeliness, accuracy of the information, products, services, and related graphics contained within the Service for any purpose. The Service is provided “as is” without warranty of any kind. Company hereby disclaims all warranties and conditions with regard to the Service.
ELIGIBILITY
Use of the Service is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Service. If you are 17 years of age or younger, you must immediately navigate away from this Site.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF USE
By using the Services or otherwise accessing the Company websites, you agree to be bound by all terms and conditions hereof and all policies and guidelines incorporated by reference. The Service is provided to you, the User, under the terms and conditions and any amendments thereto and any operating rules or policies that may be published from time to time by Company as part of the Terms of Service/Legal Disclaimer and related disclosures which are cumulatively included herein by reference.
MODIFICATION OF THESE TERMS OF USE
Company reserves the right to change any of the terms, conditions, and notices under which the Services are offered. You are responsible for regularly reviewing these Terms, including changes/modifications if any incorporated by us from time to time, which will be reflected in the “last updated” date above. Your continued use of the Service constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION TO THE SERVICE
Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice to the User at any time and from time to time. The User agrees that Company shall not be liable to the User or any third party for any modification or discontinuance of the Service.
USER CONDUCT
The Service may include online means designed to enable you to communicate with Company. You agree to use the tools only to post, send, and receive messages and material that are proper. You also hereby agree that you shall not make use of the Service for any commercial purpose. As a condition of your use of the Service you, the User, agree to provide: (a) true, accurate, current, and complete information about yourself; (b) maintain and promptly update the registration information to keep it accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, Company has the right to terminate the User account and refuse any and all current or future use of the Service. You also consent to Company using your information to provide the services you have requested.
INFORMATION SUBMISSIONS
You, the User, are solely responsible for any information you transmit to or through the Website. You understand that such submissions are considered non-confidential and non-proprietary. You grant Weitz & Luxenberg an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, copy, reproduce, display, publish, publicly perform, transmit, and distribute any information submission, without compensation or accounting to any party. You represent and warrant that: (a) you have the right to submit the information to Company and grant the licenses as described above; (b) Company will not need to obtain licenses from any third party or pay royalties to any third party for its use of the information submission; (c) the information submission does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (d) the information submission complies with these Terms of Use and all applicable laws and regulations.
Company takes no responsibility, and assumes no liability, for any information submitted to us.
CORRESPONDENCE
Please note that all calls with the Company may be recorded or monitored for quality assurance and training purposes. We may make calls and send text messages to you at the telephone number(s) you provide to us. The manner in which these calls or text (SMS) messages are made to you may include, but is not limited to, the use of prerecorded/artificial voice messages and/or an automatic telephone dialing system. You represent that those telephone numbers are yours and that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree that Company may send emails to you at the email address you have provided to us or use other electronic means of communication to the extent permitted by law.
USAGE OBLIGATIONS
You agree not to use the Service to: (a) Obstruct or hinder the use and enjoyment of the Service by other Users; (b) Violate any applicable local, state, national, and international laws and regulations; (c) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) Interfere with or disrupt the Service or servers or networks connected to the Service, or defy any requirements, regulations or guidelines of networks connected to the Service; (e) Upload, post, email, transmit or otherwise make available any content that is unlawful, damaging, intimidating, hostile, offensive, harassing, defamatory, improper, obscene, vulgar, invasive of another’s privacy, caste related, ethnically or otherwise objectionable; (f) Upload, post, email, transmit or otherwise make available any content protected by any patent, trademark, copyright, or other intellectual proprietary laws unless you own or control the rights thereto or have received all necessary consents to do the same; (g) Upload files that contain viruses, worms, corrupted files, or any other similar software or programs designed to disrupt, damage or limit the operation of any computer or telecommunications equipment or property of another; (h) Reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion, use or access of the Service; and (i) Conduct any activity that would aid or assist terrorism or related activity. Company reserves the right to terminate your access to any or all of the Services, at any time, without notice, for any reason whatsoever.
NOT LEGAL OR MEDICAL ADVICE
The information contained on the Website is provided purely for educational and informational purposes only and the contents of the Website are not and should not be construed as legal advice. Nothing hereon is, or should be construed to be, medical advice. The contents of the Website should not impact your personal medical decisions in any way. The information on the Website is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always consult a medical professional for diagnosis and treatment of any medical condition. Never disregard professional medical advice or delay or refrain from seeking medical advice because of something you have read or seen on the Website.
The Website does not constitute an offer to perform any particular services. This Website merely contains general information from a variety of sources and might not reflect current legal developments. We do not undertake to update material on the Website to reflect subsequent legal or other current or past developments.
ACCESSIBILITY
This Site is designed to be accessible to, and usable by, individuals with and without disabilities. Please call us at (855) 930-5906 or email us at [email protected] if you encounter an accessibility or usability issue on this site.
LINKS ON/IN THE SERVICES
The Service or third parties may provide links to other worldwide web sites or resources. Because Company has no control over such sites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, information, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that 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 use of or reliance on any such content, goods, or services available on or through any such site or resource.
ADVERTISING DISCLOSURES
Some materials on the Website may constitute lawyer advertising. The choice of an attorney is an important decision, and it should never be based solely on an advertisement. Before you decide, you may ask us to send you free written information about our qualifications and experience. No representation is made that the lawyers are certified specialists or experts in any field of law. And no representation is made that the legal services to be performed are greater than the quality of legal services performed by other lawyers. When considering an attorney you should independently investigate the lawyer’s credentials and ability, and not rely upon advertisements or self-proclaimed expertise. No representation is made here about your specific rights. All cases are different and must be judged on their own merits. Prior results do not guarantee a similar outcome. Contingent attorney fees are negotiable and are set by each state’s law. Costs and fees are charged only upon monetary recovery. Cases may be handled in association with, or referred to, other law firms as co-counsel or referral counsel.
PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that may be protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in information presented to you through the Service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Company, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in whole or in part.
LEGAL AND ETHICAL REQUIREMENTS
Company has tried to comply with the applicable and relevant legal and ethical requirements in developing the Website and welcomes feedback in relation thereto. To the extent that the professional responsibility rules of any jurisdiction require Company to designate a primary or principal office and/or an attorney responsible for the Website, Weitz & Luxenberg P.C. designates its office located at 700 Broadway, New York, NY, and attorney Gary R. Klein.
NOT CONFIDENTIAL OR PRIVILEGED
Information you provide to Company via the internet or through email is inherently insecure and can only be submitted on a non-confidential basis. While Company uses commercially reasonable means to maintain the privacy of communications, no amount of effort on our part can make such transmissions entirely secure. Due to the nature of corresponding via the internet, and the absence of an attorney-client relationship, Company cannot ensure confidentiality of any such information.
The laws are different in every jurisdiction, and you should never rely on any advice except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts, and who is licensed in the applicable state and familiar with the applicable law. It is of critical importance that you seek professional counsel about your legal rights and obligations, and potential remedies.
The use of this Website does not create, and should not be construed to create, an attorney-client relationship. The features of this Website that may permit you to submit your personal information to Company do not constitute an offer of legal services, an offer to represent you, or give rise to the privileges of an attorney-client relationship.
PRIVACY POLICY
Registration information and certain other information about you is subject to our Privacy Policy. For more information, see our Privacy Policy.
LIMITATION OF LIABILITY
You expressly understand and agree that to the extent permitted under law, Company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute services resulting from any services obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.
THE SITE IS PROVIDED "AS IS.” COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND ONLINE SERVICES AND 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, COMPANY DOES NOT GUARANTEE THAT THE ONLINE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABLITY AS IT CONCERNS ACTIONS OR OMISSIONS PURPORTED TO BE TAKEN OR REFRAINED FROM BASED UPON THE CONTENTS OF THE WEBSITE.
INDEMNITY
You agree to indemnify and hold Company, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand including reasonable attorneys’ fees, which any third party may make due to or arising out of content you submit, post to, or transmit through the Service, your use of the Service, your connection to the service, your violations of these Terms (whether alleged or otherwise), or your violation of any rights of another, whether direct or indirect (including without limitation claims for misrepresentation).
COPYRIGHT INFRINGEMENT POLICY
In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) (“DMCA”), Company will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any Content on www.CompareInternet.com has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Site containing the following elements as set forth in the DMCA:
APPLICABLE LAW
By visiting Company, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern this Terms of Use and any dispute of any sort that might arise between you and Company.
DISPUTES AND ARBITRATION/CLASS ACTION WAIVER
Any dispute relating in any way to your visiting this Website or your use of any of the Services shall be submitted to confidential, binding arbitration in New York, New York except that, to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights, Company may seek injunctive or other appropriate relief in any state or federal court in New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration hereunder shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. The arbitrator’s award shall be binding, but subject to review in accordance with applicable statutes, rules, and regulations governing arbitration awards and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration hereunder shall be joined to an arbitration involving any other party subject to these terms and conditions, whether through class arbitration proceedings or otherwise.
You may Opt-out of this Agreement to Arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To Opt-out, you must notify us in writing, within 30 days of the date that you first used this Website subject to these arbitration terms or changes to them, either by U.S. mail delivered to: Attn: Weitz & Luxenberg P.C., 700 Broadway, New York, New York 10003, Attn: Gary R. Klein, or by email delivered to [email protected]. You must include: (1) your name, (2) the email address and/or mobile telephone number associated with your account; and (3) a clear statement that you want to Opt-out of this agreement to arbitrate.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
CONTACT INFORMATION
Questions about these Terms should be sent to us via email at [email protected] or you may call us at (855) 930-5906.
PLEASE PRINT AND RETAIN A COPY OF THESE TERMS OF USE FOR YOUR RECORDS.
