Abady Law FirmAbady Law Firm

Terms of Service

These Terms of Service (“Terms”) govern your use of services provided by  Abady Law Firm, P.C  (“we”, “us”, “our”, or “Company”), including without limitation our website, mobile or web applications, or other digital products that link to or reference these Terms (collectively, the “Services”). These Terms are a binding legal agreement between you or the entity you represent (“you”) and Company. In these Terms, “you” and “your” refer to you, a user of the Services or any user of any free or paid program, product, course, eBook, publication or service of the Company (each, a “Product”). A “user” is you or anyone who accesses, browses, or in any way uses the Site. Please be aware that these Terms include, among other things, a binding arbitration provision that requires you to submit to binding and final arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. These Terms refer to our privacy policy (“Privacy Policy”), hereby incorporated by reference, which also applies to your use of the Services and which sets out the terms on which we process any personal data we collect from you, or that you provide to us. Please read these Terms carefully, as they may have changed. Though your access and use of the Services is governed by the Terms effective at the time, please note that we may revise and update these Terms from time to time in our discretion. If we make material changes to these Terms, we will notify you by email or by posting a notice on our website prior to the effective date of the changes. These Terms are to ensure that you will use the Services only in the ways in which we intend for it to be used.

We grant you permission to access and use the Services subject to the restrictions set out in these Terms. It is a condition of your use of the Services that the information you provide is correct, current, and complete. Your use of the Services is at your own risk, including the risk that you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. You are responsible for making all arrangements necessary for you to have access to the Services. We may close your account, suspend your ability to use certain portions of the Services, and/or ban you altogether from the Services for any or no reason, and without notice or liability of any kind.

UNITED STATES AND OVER 18 USE ONLY

The Services are intended only for individuals over the age of 18 residing in the United States.  We do not make any representations that the Services is appropriate or available for use outside of the United States.  If you access the Services or any of our Products from outside of the United States, you do so at your own risk and on your own initiative.  It is solely your responsibility to ensure compliance with applicable laws in your specific jurisdiction.

NO LEGAL ADVICE.

Your access, use or download of the Services or Products is not intended to create, and does not constitute, an attorney-client relationship between Customer and any person or entity connected with us. The Services or Products should not be used as a substitute for competent legal advice from a lawyer whom Customer has retained. Neither the Service, the Products nor any communication between you and us are intended to provide, and in no event shall it be treated as providing or constituting legal advice and we advise you to always consult with your own attorney regarding the legalities of any legal issues you encounter. We hereby disclaim any and all responsibility in connection with your legal issues and you expressly acknowledges and agrees that it will not seek to hold us responsible therefore unless and until a formal attorney-client relationship is established. 

GUIDELINES FOR USE

You may use the Services only for lawful purposes and in accordance with these Terms and with applicable laws. We are under no obligation to enforce the Terms on your behalf against another user. We encourage you to let us know if you believe another user has violated the Terms or otherwise engaged in prohibited or illegal conduct. 

You agree not to, and will not assist, encourage, or enable others to use the Services:

  • To access or copy in bulk, retrieve, harvest, or index any portion of the Services (“Scrape”) or use, support, or develop any robot, spider, scripts, or other automatic device, process, or means (such as crawlers, browser plug-ins and add-ons, or other technology) to Scrape the Services for any purpose. IF YOU SCRAPE THE SERVICES OR ANY PORTION THEREOF, WE MAY SEEK LEGAL ACTION AGAINST YOU, INCLUDING SENDING NOTICE LETTERS TO YOU AND YOUR CUSTOMERS OR END USERS THAT YOU ARE UNLAWFULLY DISTRIBUTING DATA OBTAINED FROM THE SERVICES IN VIOLATION OF THESE TERMS. 
  • To violate any applicable national, regional, federal, state, local, or international law or regulation. 
  • to upload, post, send, email, or otherwise make available any information or content which in any way infringes any copyright, trade secret, trademark, right of publicity, privacy, property or other intellectual property or proprietary rights, or any information or content which you do not have the right to make available, through any law, contractual or fiduciary relationship or otherwise;
  • To create, send, knowingly receive, display, transmit, upload, download, use, or reuse any material which: 
    • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; 
    • Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person; 
    • Violate or assists in the violation of legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms and/or our Privacy Policy; or 
    • Be likely to deceive or confuse any person. 
    • To violate these Terms or any other rules or policies posted by us,  incorporated by reference. 
    • To reverse engineer any portion of the Services. 
    • To modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit Company IP, except as expressly authorized by Company. 
    • To remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services. 
    • To record, process, harvest, collect, or mine information about other users. To use the Services to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature (collectively, “Viruses”). 
    • To use the Services to violate the security of any computer network, crack passwords or security encryption codes. 
    • To remove, circumvent, disable, damage, or otherwise interfere with any security-related features or other restrictions of the Services. 
    • To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services. 
    • To attack the Services via a denial-of-service attack or a distributed denial-of-service attack. 
    • To otherwise attempt to interfere with the proper working of the Services. 

The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing thirty (30) days’ prior written notice to us sabady@customsesq.com, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

INTELLECTUAL PROPERTY

The Services and its content and all Products, including but not limited to videos, coursework, training modules, photographs, sound recordings, images, digital content, material available as a free download, software, text, graphics and other material, are owned or licensed by the Company and are protected by copyright, trademarks (whether registered or unregistered), design rights, database rights and all other intellectual property rights afforded to us (“Intellectual Property”).

While you may view and have access to our Intellectual Property for your own personal and non-commercial use, you agree to abide by the following:

  • Our Intellectual Property must be kept intact with the proper copyright and other intellectual property notices; and
  • You may not reproduce, resell, distribute, publicly perform, create derivative works, translate, transmit, post, republish, exploit, copy or otherwise use our Intellectual Property for any commercial or non-personal use, unless you have received explicit written consent from us to do so.

It is in our sole discretion to give written consent for you to reproduce, resell, distribute, publicly perform, create derivative works, translate, transmit, post, republish, copy or otherwise use our Intellectual Property.  If you have any questions, please contact us using the contact information provided below.

RIGHTS IN PRODUCTS. 

Except for the license granted in this Agreement, all right, title and interest in Products content, in all languages, formats and media throughout the world, including all copyrights, are and will continue to be the exclusive property of the Company and other contributors (“Contributors”) of content.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE AND POLICY

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent Solomon Abady at sabady@customsesq.com  (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

Counter Notification

If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.

NO WARRANTIES

We warrant that a purchased Product file, a copy of which you are authorized to download, are free from defects in the operational sense that they can be read by a PDF Reader. EXCEPT FOR THIS EXPRESS LIMITED WARRANTY, your use of the Services and any Products is entirely at your risk, as the Services and our Products are provided on an “as is” and “as available” basis.  We do not make any express or implied warranties or representations relating to the Services, its content and our Products, including but not limited to warranties of title, merchantability, fitness for a particular purpose and non-infringement of third parties’ rights.  We also do not make any express or implied warranties or representations that the Services will operate without error or that the Services, the servers relied on, our Products and any content is free from computer viruses or other potentially harmful or destructive features.  Some jurisdictions do not permit the exclusion of certain warranties. As such, some of the exclusions referenced in this section may not apply to you.

LIMITATION OF LIABILITY

To the fullest extent permissible by law, the Company and our directors, contractors, successors, joint venture partners, shareholders, agents, affiliates, officers, employees, assignees and licensees, as applicable, shall not be liable for any direct, indirect, special, incidental, consequential, exemplary or other loss or damage, including but not limited to damages for loss of profits, goodwill, business interruption, use or loss of data or other intangible losses, which may directly or indirectly arise out of or be related to your use of or inability to access the Services or any Products or your reliance on any advice, opinion, information, representation or omission contained on, or received through the Services or any Products, even if we have been advised of the possibility of such damages occurring.  OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR PRODUCTS DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

This limitation of liability applies whether such liability arises from tort, negligence, breach of contract or any other legal theory of liability.

INDEMNIFICATION

You shall indemnify, defend and hold harmless the Company and our affiliates, and our respective directors, contractors, successors, joint venture partners, shareholders, agents, affiliates, officers, employees, assignees and licensees from and against any and all damages, liabilities, losses, costs and expenses resulting from any suits, proceedings, judgments, demands, causes of action and claims (collectively, the “Claims”), including legal and accounting fees and expenses, whether or not involving a third party claim, to the extent arising out of, relating to or resulting from: (i) your use or misuse of the Services or any of our Products, (ii) your breach of this Agreement, or (iii) your violation of any third party rights, including without limitation any copyright, trade secret, trademark, right of publicity, privacy, property or other intellectual property or proprietary rights.  We will provide you with notice of any Claims, and may in our sole discretion assist you, at your expense, in defending such Claims. We reserve the right to assume exclusive control of defending any such Claim, at your expense, including choice of legal counsel. You agree to cooperate and assist us in defending any such Claim.

LIMITED LICENSE

Notwithstanding any other provisions in this Agreement, if you purchase any Products or download any of our free Products, we grant you one limited, non-sublicensable, non-transferable, non-exclusive, revocable license (“License”) to use or access the Products for your personal and non-commercial use.  You may not reproduce, resell, distribute, create derivative works, translate, transmit, post, republish, exploit, copy or otherwise use our Products for any commercial or non-personal use.    Your License is also subject to keeping the attributing credits intact.  

RESTRICTIONS

Your License is for individual use.  You have no right to assign any of your rights or transfer any of your obligations under this Agreement.  You shall not: (1) share, resell, rent, assign, timeshare, distribute, or transfer all or part of the Products or any rights granted hereunder to any other person; (2) duplicate the Products, except for a single backup or archival copy; (3) remove any proprietary notices, labels, or marks from the Products; (4) transfer or sublicense title to the Products to any other party. If we discover that any violation of the terms and conditions in this Agreement has occurred, including violation of the License granted to you, we reserve the right to terminate your access to the Products and invoice you for any damages.

SOURCE CODE SUPPLEMENTARY MATERIAL

Any source code files provided as a supplement to the Products are freely available to the public for download. Reuse of the code is permitted, in whole or in part, including the creation of derivative works, provided that you acknowledge that you are using it and identify the source: title, publisher and year.

CONFIDENTIAL INFORMATION

Please do not upload, post, send, email, or otherwise make available any material that contains any confidential information.

FEES

When you purchase any Product through the Services, you are responsible for all applicable fees and taxes.  It is your responsibility to provide complete, accurate and up-to-date billing and credit card information. If your payment method is declined or expired, you hereby agree to pay all applicable fees and taxes due upon demand. You also agree to pay all costs of collection, including but not limited to attorney’s fees, on any outstanding balance.

WEBSITE AVAILABILITY

Your access to the Services or Products may be occasionally restricted, such as when we need to make repairs or are introducing new features.  Your access to the Services or Products may also become permanently disabled, such as if we decide to terminate the operation of the Services or Products.  We cannot guarantee that you will have continuous access to the Services or Products.

PRODUCTS

By using or purchasing any Product on our website or Services, including but not limited to and purchased guides, you understand agree that the policies generated are not to be construed as legal advice nor will any lawyer-client relationship be established.

TECHNICAL REQUIREMENTS. 

In order to view products, you will be required to use a PDF viewer. Internet access is required to access the Products online and to download it.

GOVERNING LAW

All matters relating to or arising out of this Agreement shall be governed by and construed and interpreted under the laws of the State of New York without regard to conflicts of laws principles that would require the application of any other law. 

BINDING ARBITRATION

In the event that either party asserts that there is a dispute arising out of or relating to this Agreement (“Dispute”), such party shall first notify the other party in writing, specifying the nature of the Dispute and scheduling a meeting to attempt to resolve the dispute.  

If no resolution is reached through informal negotiations within thirty (30) calendar days of the notice, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. 

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will decide in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Middlesex County, New Jersey. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Southern District of New York in New York County, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (“UCITA”) are excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

The parties shall equally bear the costs and fees of the arbitration, and each party shall bear its own cost for its own legal expenses.  

The arbitrators shall specify the reason and basis for their decision, the reason for any damages awarded and the breakdown for such damages awarded, and the basis for any other remedy authorized under this Agreement, including but not limited to injunctive relief or specific performance.  For the avoidance of doubt, nothing in this Agreement shall prevent us from seeking injunctive or other equitable relief. 

The decision of the arbitrators shall be considered as a final and binding resolution of the dispute, shall be final and binding on the parties, and shall not be subject to appeal or reexamination.  The award of the arbitrators may be entered as a judgment and enforced by any court of competent jurisdiction.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO WAIVE YOUR RIGHT TO TRIAL BY JURY IN ANY PROCEEDINGS, ACTION OR COUNTERCLAIM.

INJUNCTIVE OR OTHER EQUITABLE RELIEF

We may seek injunctive or other equitable relief that is necessary to protect our rights and intellectual property.  All actions or proceedings related to this Agreement that are not subject to binding arbitration will be brought solely in the state or federal courts of California.  You hereby unconditionally and irrevocably consent to the personal and subject matter jurisdiction of those courts for purposes of any such action.

CLASS ACTION WAIVER

You agree that any dispute arising out of or relating to this Agreement shall be solely between you and the Company.  

YOU AGREE TO WAIVE THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION.  YOU AGREE THAT YOU WILL ONLY MAKE CLAIMS AGAINST US IN YOUR INDIVIDUAL CAPACITY, AND CANNOT MAKE CLAIMS AGAINST US AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE.

ENTIRE AGREEMENT

This Agreement, the Privacy Policy and Disclaimer contain the entire agreement between you and the Company with respect to the subject matter hereof and thereof and supersede all prior agreements and undertakings, both written and oral, with respect thereto.

TERMINATION OF AGREEMENT

We reserve the right, in our sole discretion, to terminate this Agreement and to terminate, restrict, deny, or suspend your access to the website and all Products at any time and for any purpose without prior notice.  We also reserve the right to discontinue any or all of the website or Products at any time and for any purpose without prior notice.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

SEVERABILITY

If any term or other provision of this Agreement is held to be invalid, prohibited or unenforceable under applicable law, the other provisions of this Agreement will remain in full force and effect. 

MISCELLANEOUS

Our failure to act on or delay in exercising any privilege, power or right under this Agreement will not operate as a waiver of such privilege, power or right, and no single or partial exercise of any such privilege, power or right will preclude any other or further exercise of such privilege, power or right or the exercise of any other privilege, power or right. 

Subheadings in this Agreement are used for convenience of reference only and in no way define, describe, limit or extend the scope of this Agreement or the intent of any of its provisions.  They shall not be considered in construing or interpreting this Agreement.

The terms and conditions of this Agreement shall inure to the benefit of and be binding upon the successors, heirs, executors, administrators, legal representatives and assigns of the Company.  Nothing in this Agreement, express or implied, is intended to confer upon any party other than the Company or our successors, heirs, executors, administrators, legal representatives and assigns, any rights, remedies, obligations or liabilities under this Agreement.  You may not assign any of your rights or transfer any obligations under this Agreement to any other person.

 

If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and disbursements in addition to any other relief to which such party may be entitled.

HOW TO CONTACT US

If you have any questions, please contact us at 212-202-0542