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Terms and Conditions of Use │ Herbert L. Allen, Jr., P.A.

Website Terms and Conditions

 

1. Ownership of Site. These terms and conditions of use apply to all websites operated by Herbert L. Allen, Jr., P.A. The domain name operates under a license from Herbert L. Allen, Jr.,  and website are the exclusive property of Herbert L. Allen, Jr., P.A. BY VISITING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS. PLEASE LEAVE THE WEBSITE IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS.

2. Changes. At any time, in the sole discretion of Herbert L. Allen, Jr., P.A., the websites and the terms of use may be changed, modified, and deleted entirely without notice. You must always check the terms of use because we will not notify you of any changes. We post changes on the this part of the website. If you abide by the terms and conditions described here, then Herbert L. Allen, Jr., P.A. grants you a limited, revocable, non-exclusive, limited privilege to enter the site and interact with its content.

3.  Using Our SiteYou agree that you will not use any technology, software, algorithm, program or other electronic or manual means to access, monitor, change, hack, create content, delete content, modify content, or otherwise use any of our websites for any purpose other than your enjoyment. You may not use our websites for any illegal purpose, or any purpose inconsistent with the best practices of the Florida Bar, or that in any way would create a conflict of interest between us and any of our clients.

3.1 No Modification.  You agree that you will not modify our website or the way it is presented to the world by us.

3.2 No Probing.  You agree that you will not use any means to obtain content, documents, information, source code, or other things of value from our websites that are not directly available through the normal navigation of the website. You agree to refrain from seeking out any vulnerabilities in our websites to obtain information not available to the public through our website.

3.3 No Unauthorized Access.  You also agree not to gain access to any part of the websites not publicly accessible through normal navigation without passwords.

3.4 No Loads. You agree that you will refrain from doing anything that would interrupt, degrade or deny access to our websites, such as creating heavy loads or any denial of service problems.

4. IdentificationYou agree to use your legal name, and not aliases or other names when using our websites. If you represent someone else, you will also disclose the true identify of the person or entity you are representing.

5. Passwords and Security. Some portions of our websites may be accessible only by passwords. You agree to refrain from taking any action to bypass passwords or crack them. At all times, you will not attempt to access password-protected material without first obtaining a password from us. If we have assigned you a password, you acknowledge its confidential value and agree to maintain it confidentiality at all times. We cannot be responsible for maintaining password security for you.

6. Content. All the content on the websites represents the property of Herbert L. Allen, Jr., P.A. We use WordPress (CMS), with WordPress plugins, with web hosting by Webhostinghub.com and Aplus.net. They are separate entities and have their own terms and conditions and policies.  The content of the website, such as graphics,images, pictures, photographs, content, logos, sounds, belong to us. We also have created some custom computer code.  To the extent than any software does not belong to others, we retain the exclusive right to such software. All of the other content described above belongs solely to Herbert L. Allen, Jr., P.A. and may only be used by prior written permission. We have spent time and effort creating our websites and seek to protect our investment from unauthorized use of any type. You agree to refrain from using our posts, pages, and all written content from any unauthorized copying, dissemination in any form, and other use not permitted by us in writing before such use.

7. Privacy. You may view our privacy policy here. We cannot guarantee your privacy while visiting our websites and make no such claims. Anything on the web poses certain risks that accompany use of the web.

8. Disclaimers. HERBERT L. ALLEN, JR., P.A. DOES NOT PROMISE OR GUARANTEE THAT OUR WEBSITES WILL BE FREE FROM INTERRUPTIONS, VIRUSES, EXPLOITS, REDIRECTIONS, MALICIOUS SOFTWARE AND CODE, RANSOMWARE, AND UNAUTHORIZED USE. BY USING OUR WEBSITES, YOU AGREE TO TAKE SERIOUS RISKS WITH YOUR INFORMATION, PERSONAL DATA, AND COMPUTER SECURITY. WE PROVIDE OUR WEBSITES "AS-IS", "AS-BUILT", AND "AS-AVAILABLE."  HERBERT L. ALLEN, JR., P.A. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, ACCURACY, AND NON-INFRINGEMENT. HERBERT L. ALLEN, JR., P.A. ALSO DISCLAIMS LIABILITY AND RESPONSIBILITY FOR ALL ACTS, OMISSIONS, AND PRACTICES AND PROCEDURES OF THIRD PARTIES AND THEIR SOFTWARE, COMPUTER CODE AND PRIVACY POLICIES AND TERMS AND CONDITIONS. YOUR SOLE REMEDY, AT LAW OR IN EQUITY, IN ANY FORUM AND ANY VENUE, SHALL BE SIMPLY TO STOP USING THIS WEBSITE AND ITS CONTENT. THE PARTIES HAVE BARGAINED FOR THIS LIMITED RELIEF.

The disclaimers above apply to all claims for actual or potential damages, matured or unmatured, choate or inchoate, and apply in any venue and at all times, and all liabilities or failures of any type of performance, non-performance, or misperformance, and in all actions based upon contract, tort, statute, negligence, law, equity or other cause of action.

9. LimitationsAs permitted by law, Herbert L. Allen, Jr., P.A. disclaims any liability for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits or lost business opportunities, even if we have been advised of such damages in advance. Notwithstanding the foregoing disclaimers, if Herbert L. Allen, Jr., P.A. is found liable, that liability shall not exceed $100.00 USD.

10. Indemnification. You agree to indemnify and hold harmless Herbert L. Allen, Jr., P.A. (including its officers, employees, predecessors, directors,  shareholders, agents, successors and assigns,  from all claims associated with your use of our websites, including, without limitation, loss, liability, damages, specific performance, expenses, attorney's fees, costs, expert witness fees, filing fees, and other legal expenses of all types. Such indemnification shall include, without limitation, payment, upon demand, for attorney's fees and legal costs and expenses to provide defense, whether suit is filed or not, and on appeal.

11. Violations. If you violate any term or condition of this agreement, then we may disclose any information helpful to authorities, tribunals, courts, investigators, or others as allowed under the Florida Bar Rules of Professional Conduct and comport with all applicable laws and regulations. We reserve the right terminate anyone's access to our websites for failure to abide by the terms and conditions for using our websites.

12. Notice of Infringement. If you believe that anything on our websites wrongfully infringes upon the rights others, please contact us pursuant to the Digital Millennium Copyright Act:

Please provide:

Your Name

Your Address

Your Phone Number

Your Email

Please describe the Original Content URLs

Please describe the Infringing Content URLs

Please send such information to

Herbert L. Allen, Jr.

1360 S. Patrick Dr. #1A

Satellite Beach, FL 32937

 

Be sure to comply with all the requirements of the DMCA in making a complaint. We cannot provide legal advice to you in that matter and nothing here should be construed as legal advice.

13. Venue and Choice of Law. To the extent permitted by law, if any dispute arises related to our websites, then venue shall be laid in the state court for Brevard County, Florida and the law of Florida applied, without regard to any choice of law principles. The parties specifically waive venue in any federal court.

14. Entire Agreement. The entire agreement between the parties is described above, along with the privacy policy of Herbert L. Allen, Jr., P.A. This agreement supersedes all other agreements, written or oral, if any, and may not be modified or terminated except by a writing signed by all parties. Only Herbert L. Allen, Jr., personally has the authority to act for Herbert L. Allen, Jr., P.A. in all matters pertaining to changing this agreement.

15. Savings Clause. This agreement rests upon separate covenants. If any part of this agreement shall be found to be void or unenforceable as to content or scope, or in any other way, then the parties intend that such provisions be amended to remove such content or limited in scope to make it enforceable, and the remaining provisions be enforced as if the other provisions were not present.

16. Waiver. If Herbert L. Allen, Jr., P.A. does not immediately or later enforce any provision of this agreement, such conduct shall be not deemed a waiver of such provisions. Only a signed waiver shall be sufficient to be an actual waiver of a known right. Likewise, the parties do not intend that any pattern or course of conduct shall be deemed a waiver of the provisions of this agreement. This agreement may only be changed by a written agreement signed by both parties.

17. No Third Parties. Nothing in this agreement is intended to benefit any third parties.

18. Headings. The headings in this agreement are for convenience only.

19. Plurals and GenderPlurals in this agreement may include the singular, and vice versa, and the use of one gender may include the reference to other genders.