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Terms and Conditions

Thank you for visiting our website. The materials located at www.smrl.com (“Website”) are provided by Syprett, Meshad, Resnick, Lieb, Dumbaugh, Jones, Krotec & Westheimer, P.A. (“SMRL”). The use and display of the Website by the user or browser (“you”) is subject to this Agreement.

Please read this Agreement carefully before accessing the Website. By accessing the Website, you acknowledge and agree that you are not a minor in your state of residence, and agree to be bound by the terms and conditions set forth in this Agreement. If you do not wish to be bound by this Agreement, you are not authorized to use this Website.

SMRL reserves the right to change these terms at any time, effective immediately upon posting on the Website. Please check this page of the Website periodically. If you violate these terms of use, SMRL may terminate your use of the Website, bar you from future use of the Website and/or take appropriate legal action against you.

INFORMATIONAL PURPOSES ONLY: The materials available on this Website have been prepared by SMRL and are intended for informational purposes ONLY. The information provided on this Website is provided only as general information, which may or may not reflect the most current legal developments. The opinions expressed at or through this Website are the opinions of the individual author and may not reflect the opinions of SMRL or any individual attorney.

NO ATTORNEY-CLIENT RELATIONSHIP: Transmission of the information contained on this Website is not intended to create, and receipt does not constitute, an attorney-client relationship between you and SMRL. This Website contains information on legal issues and is not a substitute for legal advice from a qualified attorney licensed in the appropriate jurisdiction. SMRL does not intend to treat as confidential information communicated through this website, and any confidential information you provide through this website could be used against you in the future. SMRL respects the privacy of any person who contacts our firm, and we will make reasonable efforts to keep information private, but because of the nature of Internet communications and the absence of an attorney/client relationship, we cannot promise or guarantee confidentiality.

USE IN OTHER JURISDICTIONS: SMRL practices law only in jurisdictions in which SMRL is properly authorized to do so. SMRL does not seek to represent anyone in any jurisdiction where this Website does not comply or is in any way inconsistent with the rules governing communication of legal services in a particular state. SMRL is unwilling to assume the representation of clients from those states where the materials do not comply with State Bar requirements and where the client is generated as a result of that communication.

INFORMATION AUTOMATICALLY COLLECTED: This Website may automatically collect information that does not reflect or reference an individually identifiable user (“Non-Personal Information”) to help us understand how our users use the Site. Like most Websites, SMRL automatically collects and uses the data contained in log files. The information in the log files may include your IP (internet protocol) address, your ISP (internet service provider), the web browser you used to visit the Website, the time you visited the Website, which pages you visited on the Website, and other anonymous Website usage data. We may use cookies (a small file containing a string of characters that uniquely identifies your browser) to improve the quality of the Website. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, certain features of the Website may not work if you delete or disable cookies.

LINKS: SMRL and/or third parties may provide links to other websites of possible interest to you. Because we have no control over unaffiliated websites, you acknowledge and agree that SMRL is not responsible for the availability of such websites and does not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that SMRL 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 content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.

RATINGS: “AV® Preeminent ™ and BV® Distinguished™ are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the Bar and the Judiciary. Martindale-Hubbell Peer Review Ratings fall into two categories – legal ability and general ethical standards.”

INTELLECTUAL PROPERTY: All content (including without limitation any pictures, logos, images and text) appearing on the Website is the property of SMRL, unless otherwise provided, and is protected by copyright under the copyright laws of the United States and/or other countries. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate, display or in any way exploit any such content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial and informational use as set forth herein. SMRL authorizes you to view, copy, download and print SMRL documents on this Website, subject to the following conditions: The documents may be used solely for personal, noncommercial, and informational purposes. The documents may NOT be modified. The following copyright notice and permission notice must appear on each document: ©2011, Syprett, Meshad, Resnick, Lieb, Dumbaugh, Jones, Krotec & Westheimer, P.A., All Rights Reserved.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. Any notification by a copyright owner or a person authorized to act on such copyright owner’s behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon SMRL actual knowledge of facts or circumstances from which infringing material or acts are evident. SMRL’s copyright agent for notice of claims of copyright infringement can be reached as follows:

Name:Teresa Jones Address: 1900 Ringling Blvd, Sarasota, FL 34236 Telephone: 941-365-7171 Email: tjones@smrl.com

We suggest that you consult your legal advisor before filing a notice with SMRL’s copyright agent. You should note that there can be penalties for false claims under the DMCA.

INDEMNIFICATION: You agree to indemnify, defend and hold SMRL harmless from any claim, expense or demand, including without limitation reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

CHOICE OF LAW: You acknowledge and agree that this Agreement is interpreted and construed according to, and governed by, the laws of Florida, excluding such laws that might direct the application of the laws of another jurisdiction. SMRL and you agree that the courts of Florida will have sole jurisdiction to hear any dispute under this Agreement. Venue lies in Sarasota County, Florida.

SEVERABILITY: If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of the Agreement will nevertheless remain in full force and effect.

NO WARRANTIES/LIMITATION OF LIABILITY: INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SMRL PERIODICALLY ADDS, CHANGES, IMPROVES OR UPDATES THE INFORMATION AND DOCUMENTS ON THIS WEBSITE WITHOUT NOTICE. SMRL DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY, CORRECTNESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THE WEBSITE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THE WEBSITE OR GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY SUCH CONTENT. SMRL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE. IN NO EVENT SHALL SMRL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE.

Disclaimer
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. However, contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. If you have a confidential issue you wish to discuss with an attorney at SMRL, please request an appointment.

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