Terms and Conditions
1140 Avenue of the Americas
New York, NY 10036
Effective Date: April 19, 2021
This web page represents a legal document and is the Terms and Conditions (Agreement) for our Website. You agree to fully comply with and be bound by the following Agreement each time you use our Website.
The terms “us”, “we”, and “our” refer to Jakubowitz Law, the owner of this Website. A “Visitor” is someone who merely browses our Website. A “Client” is someone who has registered with our Website to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Client. The term Service(s) refers to any Service or Product we sell or provide free of charge.
All text, information, graphics, design, and data offered through our Website or Services, whether produced by our Clients or by us, are collectively known as our “Content”. We distinguish content posted by our Clients as “Client Content”.
Acceptance of Agreement
This Agreement is between you and Jakubowitz Law.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE ACCESS, AND/OR BROWSE IT FURTHER.
For you to use our Website or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
Our Privacy Notice is considered part of this Agreement and is available on this Website. You must review our Privacy Notice by clicking on this link. If you do not accept and agree to be bound by all the terms of this Agreement, including the claimyourloss.com Privacy Notice, do not use this Website or our Services.
Choice of Law and Jurisdiction
This Agreement will be treated as if it were executed and performed in New York, New York, and will be governed by and construed under the laws of the state of New York without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you concerning our Website or Services must be instituted within one year after the cause of action arose or be forever waived and barred.
Jakubowitz Law grants you a nonexclusive, nontransferable, revocable license to access and use our Website and Services in accordance with this Agreement. Your use of our Website and Services is solely for internal, personal, and noncommercial purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, Services, and any software provided in it.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and Jakubowitz Law.
Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Jakubowitz Law. Our Content, as found within our Website and Services, is protected under the United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.
Eligibility to Use Our Website and Services
Our Website and Services are intended solely for Users who are at least (18) years old or older. Any registration by, use of, or access to our Website by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Website and Services, you represent and warrant that you are (18) years old or older and agree to obey all the terms and conditions of this Agreement. Jakubowitz Law has sole right and discretion to determine whether to accept or reject a Client’s registration with or without explanation.
When you complete the registration process, you may receive a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to keep that confidentiality as well as all activities that occur through the use of your password.
You agree to immediately tell us of any unauthorized use of your password or any other breach of security. You agree that our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed here.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Website will be error-free or free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant the information available on or through our Website and Services will be correct, accurate, timely, or otherwise reliable. Jakubowitz Law reserves the right at our sole discretion to change any content, software, and other items used or contained in our Website or Services at any time without notice.
Prior and Future Results
Prior results described on our Website cannot and do not guarantee or predict a similar result about any future matter that we or any lawyer may be retained to handle.
Our Website publishes content supplied by third parties, Users, advertisers, merchants, and sponsors. Jakubowitz Law has no editorial control over such content. Any opinions or other information or content expressed or made available by third parties, including information providers, Users, or any other user of our Website, are those of the respective author(s) and not of Jakubowitz Law. Jakubowitz Law does not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of these parties.
You understand that we do not operate or control the products or services offered by third-party merchants. These merchants are responsible for all order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and merchants. You agree that use of or purchase from such merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal documents (including privacy policies), and operating procedures of merchants will apply to you while on any merchant website.
Jakubowitz Law is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Clients of our Website, or by Jakubowitz Law. Although we provide rules for Client conduct and postings, we do not control and are not responsible for what Clients post, transmit, or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Website or Services. Jakubowitz Law is not responsible for the online or offline conduct of any User of our Website or Services.
Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. Jakubowitz Law assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or change of Client communications.
Jakubowitz Law is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or any failure of email because of technical problems or traffic congestion on the Internet, or for any combination of it – including injury or damage to Clients’ or any other person’s computer, mobile phone, or other hardware or software related to or resulting from the use or downloading of materials in connection with our Website or Services, including, without limitation, any software provided through our Website or Services.
Under no circumstances will Jakubowitz Law be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline.
Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Website by third parties or by any of the equipment or programming associated with or utilized by our Services.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE AND SERVICES ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
JAKUBOWITZ LAW, INCLUDING ALL OUR AFFILIATES AND BUSINESS PARTNERS, HAS NO LIABILITY AT ALL FOR YOUR USE OF OUR WEBSITE OR SERVICES. JAKUBOWITZ LAW CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. JAKUBOWITZ LAW DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OF IT AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES AND BUSINESS PARTNERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND JAKUBOWITZ LAW.
OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
IN NO EVENT WILL JAKUBOWITZ LAW OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF JAKUBOWITZ LAW IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Clients may post their content to our Website through our Services (Client Content). Clients and Visitors understand that by using our Website or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have limited control over Client Content and do not in any way guarantee its quality, accuracy, or integrity. Jakubowitz Law is not responsible for the monitoring or filtering of any Client Content. Should any Client Content be found illegal, Jakubowitz Law will submit all necessary information to relevant authorities.
If any Client Content is reported to Jakubowitz Law as being offensive or inappropriate, we may ask the Client to retract or otherwise modify the questionable content within 24 hours of being notified by Jakubowitz Law. If the Client fails to meet such a request,
Jakubowitz Law has full authority to restrict the Client’s ability to post Client Content or to immediately terminate the Client’s relationship with us.
We have sole discretion to remove any Client Content that violates this Agreement or that is otherwise objectionable in our sole discretion. Clients are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws.
You warrant that you will not use our Services to infringe on the intellectual property rights of others in any way.
As a Client, you agree not to use our Services to do any of the following:
Upload, post, or otherwise transmit any Client Content that:
- Violates any local, state, federal, or international laws
- Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
- Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, objectionable
- Links directly or indirectly to any materials to which you do not have a right to link
- Contains any private information of any third-party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
- Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services
- Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
- In the sole judgment of Jakubowitz Law is objectionable or restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose Jakubowitz Law, our affiliates, or our Users to any harm or liability of any type
Use our Content to:
- Develop a competing website
- Create compilations or derivative works as defined under United States copyright laws
- Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
- Decompile, disassemble, or reverse engineer our Website, Services, and any related software
- Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws
Use of Information
You grant Jakubowitz Law a license to use the information and materials you post to our Website. By posting, displaying, transmitting, performing, distributing information or other content (“Client Content”) to our Website, you are granting Jakubowitz Law, its officers, directors, employees, agents, consultants, representatives, and affiliates, a license to use the Client Content in connection with the operation of the business of Jakubowitz Law, its directors, employees, officers, affiliates, representatives, consultants, and agents, including, without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Client Content. You understand and agree that you will not be compensated for any Client Content. By posting Client Content on our Website or Services, you warrant and represent that you own the rights to the Client Content or are authorized to post, display, distribute, perform, or transmit Client Content.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we think appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
Linking to Our Website
You may provide links to our Website if (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you stop providing links to our Website immediately on our request.
Links to Other Websites
Our Website may contain links to third-party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites. Jakubowitz Law has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.
You represent and warrant that if you are buying something from us (i) any payment information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
We do not offer refunds on any of our Services.
Termination of Attorney-Client Relationship
If for good cause, and reasonable notice is given to you, and the Attorney-Client relationship is terminated by us, you will stop representing yourself as a registered Client. Certain provisions of this Agreement, including, but not limited to, copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of this Agreement.
You agree to indemnify, defend, and hold us and our business partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.
Changes to Our Terms and Conditions
We reserve the right to change these Terms and Conditions at any time by giving you advance notice of the changes by email or in writing. We will also post these changes on our Website. These changes will become effective 30 days after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website and Services after any change to these Terms and Conditions and our notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website and Services.
This document is protected under the US and foreign copyrights. The copying, or redistribution by you, is strictly prohibited.