Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
These Notices and Terms create a legal agreement between you (“You”) and Lowndes, Drosdick, Doster, Kantor & Reed, P.A. (“Lowndes” or “we”) that governs: (1) the information of Lowndes (the “Information”) made available through this website; (2) the nature of the relationship between You and Lowndes; (3) certain other matters of professional responsibility; (4) Lowndes’ use of Your information gathered by it through this website; and (5) Your use of this website, related systems, and the Information (collectively, the “Lowndes Site”). By accessing any portion of the Lowndes Site, You are indicating that You have read and understood, and that You assent to be bound by, these Notices and Terms, which may be amended from time to time without any notice to You by Lowndes pursuant to the terms herein. Any changes are effective upon posting, and You are responsible for regularly reviewing these Terms. If You do not agree to these Notices and Terms, You are not permitted to access the Lowndes Site and if the terms change and You do not agree to these Terms, Your sole remedy is to discontinue use of the Lowndes Site.
a) Legal Disclaimers
i) No Legal Advice: The Information is made available for general informational purposes only, and is not intended to constitute specific legal advice or to be a substitute for advice from qualified counsel. The Information may not apply to Your specific situation or jurisdiction or may be incomplete. Although we may update certain Information on the Lowndes Site, some of the Information may be outdated. You should not act or refrain from acting or rely on any Information on the Lowndes Site and should seek the advice of an attorney before taking any action.
ii) No Tax Advice (Required Tax Disclosure – Circular 230): Any tax information presented on the Lowndes Site is not intended to constitute a complete analysis of all tax considerations. Internal Revenue Service regulations generally provide that, for the purpose of avoiding United States federal tax penalties, a taxpayer may rely only on formal written opinions meeting specific regulatory requirements. The information presented on the Lowndes Site does not meet those requirements. Accordingly, such information is not intended or written to be used, and a taxpayer cannot use it, for the purpose of avoiding United States federal or other tax penalties or for the purpose of promoting, marketing or recommending to another party any tax-related matters.
iii) No Attorney-Client Relationship: You agree that Your access of the Lowndes Site or receipt of the Information, or Your transmission of electronic mail to addresses on the Lowndes Site, does not create an attorney-client relationship between You and Lowndes. If You are not a current client of Lowndes and You communicate with us through the Lowndes Site, Your communication may not be treated as privileged or confidential. Lowndes has a policy of entering into attorney-client relationships with its clients only in accordance with certain procedures which include executing an engagement letter and addressing any and all potential or actual professional responsibility conflicts as required by the applicable Bar Associations.
b) Advertising Notice: The Lowndes Site is not intended to be an advertisement or solicitation, but may be deemed an ADVERTISEMENT in certain jurisdictions. Through the Lowndes Site, Lowndes does not seek to be retained by anyone in a state where the Lowndes Site may fail to comply with all laws and ethical rules of that state. Before making Your choice of attorney, You should give this matter careful thought. The selection of a lawyer is an important decision that should not be based solely upon written information about our qualifications and experience. Lowndes has endeavored to comply with all known legal and ethical requirements in compiling the Lowndes site. Lowndes does not desire to represent clients based upon their review of any portions of the Lowndes site that do not comply with legal or ethical requirements.
c) Jurisdictional Issues: Please consult the attorney biographies on this site to determine the particular jurisdictions in which individual Lowndes attorneys are licensed to practice. If the State Bar Rules in Your jurisdiction require us to designate a principal office and/or a single attorney responsible for the Lowndes Site, Lowndes designates its office in Florida as its principal office and designates William Dymond as the person responsible for the Lowndes Site. Each Lowndes attorney is licensed to practice only in those jurisdictions set forth in that attorney’s biography on the Lowndes Site. Except as specifically stated, each Lowndes attorney is not certified (including as a specialist) by any professional or government authority. The listing of Lowndes attorneys in practice groups is not intended to indicate any professional or governmental certification.
You agree that any dispute arising out of or in connection with the Lowndes Site or these Notices and Terms will be governed by the laws of the State of Florida without reference to conflict of laws principles that would require the application of the laws of any other jurisdiction, and You submit to the exclusive jurisdiction and venue of the state and federal courts located in Orange County, Florida. In the event that You gain access to information not intended to be accessed by You, You agree that You will immediately notify Lowndes and lawfully destroy all copies of such information in Your possession. Lowndes may be contacted at firstname.lastname@example.org.
d) Sensitive Communications: You agree that electronic mail sent by You to Lowndes will not be treated as confidential or invoke an attorney-client privilege; provided, however, that if You are an existing client of Lowndes and You send an electronic mail to Lowndes pertaining to a matter in which Lowndes then represents You, such electronic mail may be entitled to be treated as confidential or privileged. Notwithstanding the foregoing, You acknowledge that electronic mail and the Internet are generally insecure media of communication, and Lowndes cannot guarantee the confidentiality of any electronic mail sent to or received by it or any information submitted by You to Lowndes through the Lowndes Site.
e) Conduct: You agree that You will not use the Lowndes Site for any purpose that is unlawful or which could interfere with or impair the operation and functionality of the site. You further agree that, when using the Lowndes Site, You will refrain from emailing or otherwise transmitting:
i) copyrighted material of which You are not the copyright owner;
ii) information that will breach applicable laws or regulations, including data protection or privacy laws;
iii) material which is damaging, threatening, abusive, harassing, discriminatory or defamatory in nature or which another user of our website may find objectionable;
iv) viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful; or
v) content that You do not have the right to submit under any law or which would put You in breach of a contractual or fiduciary obligation (for example, confidential information learned or acquired during the course of Your employment with us or information that would infringe confidentiality rights).
As a further condition of Your use of our website, You agree that You will not:
i) impersonate any entity or organization or misrepresent Your affiliation with any person or organization; or
ii) advertise, sell, offer to sell or buy goods or services or engage in solicitation or promotional activity, except in those areas of our website that have been specifically designated for such purposes.
In addition to the above, You agree that You are bound by, and will comply with, all local laws, regulations and rules to which You are subject and which regulate Your use of the Internet.
f) Proprietary Rights
i) Our Intellectual Property Rights. The materials on the Lowndes Site, including without limitation any and all text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by Lowndes, licensed to Lowndes, or used by permission subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Any use of these materials by You shall be in accordance with these statutes and laws. Nothing contained on the Lowndes Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Lowndes Site or any content displayed on the Lowndes Site, through the use of framing or otherwise, without the prior written permission of Lowndes or such third party that may own the trademark or copyright of material displayed on this Site. All names, logos and trademarks owned by or licensed to Lowndes and are set off from surrounding text, and are referred to with a ™ or ® symbol or appear in italics or all capital letters. All other trademarks displayed on the Lowndes Site are trademarks of their respective owners. All other trademarks displayed on the Lowndes Site are trademarks of their respective owners. Such third party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of Lowndes should be inferred from the use of these trademarks. Nothing contained in the Lowndes Site should be construed as granting any license or right of use of any trademark displayed on the Lowndes Site without the express written permission of Lowndes or the third party owner. [INSERT MARKS] and other Lowndes logos, service marks and trademarks are trademarks of Lowndes (the “Lowndes Marks”). Without Lowndes’ prior permission, You agree not to display or use in any manner, the Lowndes Marks.
ii) Use of the Lowndes Site. Only for Your personal, non-commercial and informational purposes, and subject to these Terms, You may (a) access and view the Lowndes Site and its materials, and (b) make a limited number of prints, downloads and copies of the documents made available on the Lowndes Site, provided that You maintain all copyright and other notices in print outs or downloads on all copies. Any other use (and in particular, any commercial use) of the Lowndes Site or its contents is not permitted. Except as expressly authorized by Lowndes, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Lowndes Site or Materials in whole or in part. You are not permitted to use any automated means of compiling e-mail addresses from the Lowndes Site for the purpose of sending unsolicited commercial emails. Any rights not expressly granted herein are reserved.
iii) Linking to the Site. You may hyperlink to the home page of the Lowndes Site, but You may not frame or mirror the Lowndes Site or use any meta tags or any other “hidden text” using Lowndes’s name or trademarks. You must remove any hyperlink to the Lowndes Site upon Lowndes’ request.
iv) Permission Requests. Please contact Lowndes at 407-843-4600 and ask for the Director of Marketing if You wish to request permission to use any materials of the Lowndes Site in a manner not authorized above.
g) Registration Obligations.
i) Registration. The Lowndes Site may allow You to register in order to personalize Your viewing of content on the site and to receive certain publications from Lowndes. In registering, You agree to provide complete and accurate information about Yourself. You are responsible for maintaining the confidentiality of Your username and password and You accept responsibility for all activities that occur under Your username and password.
ii) Termination. Lowndes reserves the right to change the Lowndes Site, including its contents, and to block or terminate access to or use of the Lowndes Site, including through usernames and passwords, at any time for any reason and without notice.
i) Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE LOWNDES SITE, INCLUDING THE INFORMATION PROVIDED THROUGH THE LOWNDES SITE, IS PROVIDED “AS IS” AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. LOWNDES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN, OR RELIANCE UPON, THE INFORMATION IN THIS WEBSITE. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE LOWNDES SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
j) Disclaimer of Liability. TO THE EXTENT PERMITTED BY THE LAW AND RULES OF PROFESSIONAL RESPONSIBILITY IN THE APPLICABLE JURISDICTION, LOWNDES DISCLAIMS LIABILITY FOR ANY LOST PROFITS OR INCOME, LOST BUSINESS, OR LOST DATA, OR FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THE LOWNDES SITE.
k) Limitations of Liability. Under no circumstances will any of the Lowndes Parties be liable for any loss or damage caused by Your reliance on information obtained through this site. It is Your responsibility to evaluate the accuracy, completeness, or usefulness of this site. In no event shall any of the Lowndes Parties be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or relating to the site or this agreement, whether based on warranty, contract, tort, or any other legal theory. Because some jurisdictions do not allow the exclusion or limitation of liability for negligence, consequential, incidental or other damages, in such jurisdictions Lowndes’ liability is limited to the greatest extent permitted by law. Your sole remedy for dissatisfaction with this site is to stop using this site.
l) Response to Online Requests. From time to time, Lowndes may offer to provide information or materials via electronic mail or otherwise to interested persons. Lowndes reserves the right, in its absolute discretion, to reject any requests for such information or materials, or to discontinue the provision of such information or materials to any person, for any reason whatsoever.
m) Indemnity. You agree to indemnify and hold Lowndes, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your use of the Site, Your connection to the Site, Your violation of the Terms, or Your violation of any rights of another.
n) Electronic Correspondence to the Firm and Affiliated Servers. While we are happy to have You contact us by telephone, surface mail, electronic mail or facsimile transmission, merely communicating with Lowndes or a Lowndes lawyer does not create a lawyer-client relationship unless and until an agreement has been reached between You and the firm to handle a particular matter. Please do not convey to us any information You regard as confidential until a formal lawyer-client relationship has been established. Any information You convey to Lowndes electronically may not be secure, and information conveyed prior to establishing a lawyer-client relationship may not be privileged or confidential.
o) Virus, Hacking and Other Offenses. You must not attempt to gain unauthorized access to the Lowndes Site, the server on which the Lowndes Site is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. You must not take any action that imposes an unreasonably or disproportionately large load on the website’s infrastructure. You must not use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any activity being conducted on the website. You must not use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatar’s or intelligent agents) to navigate or search the website other than the search engine and search agents available from the website and other than generally available third-party web browsers (e.g., Mozilla FireFox and Microsoft Internet Explorer). You must not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up part of the website.
By breaching this provision, You may commit a criminal offense under applicable laws. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use our website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of our website or to Your downloading of any material posted on it, or on any website linked to it.
p) General. These Terms, including the Privacy Statement LINK, along with any other terms and policies posted on the Lowndes Site, constitute the entire agreement between You and Lowndes regarding Your use of the Lowndes Site and supersedes any prior agreements between You and Lowndes regarding such use, other than any written agreement between You and Lowndes.
q) Miscellaneous. In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement entitled Intellectual Property Rights, Disclaimer, Limitation of Liability, Indemnification, Miscellaneous shall survive the termination of this Agreement. Lowndes reserves the right to change, suspend, or discontinue all or any part of this Site or the Content at any time without prior notice or liability. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. You expressly absolve and release Lowndes from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course nor conduct between the parties nor trade practice shall act to modify any provision of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state of Florida, except with regard to its conflicts or choice of law rules. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Site. Without limiting the generality of the foregoing, You expressly agree to comply with such restrictions and not to export control laws of the United States. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by Lowndes. This Agreement contains the entire agreement of the parties concerning Your use of this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.
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