Terms of Service
BY VISITING JAMESHARTLAW.COM, YOU ARE CONSENTING TO THE TERMS AND CONDITIONS PROVIDED BY THE HART LAW FIRM, P.A.
Overview
The terms “we”, “us”, “firm” and “our” refer to The Hart Law Firm, P.A. The term “Site” refers to jameshartlaw.com. The term “user,” “you” and “your” refers to site visitors, potential clients, and any other users of the site. The term “Service” refers to general information provided to permit you to learn more about our firm, our services and our professionals, as well as information about business and intellectual property law, and information about legal services in general. Use of the Service, including all information and educational materials presented herein by The Hart Law Firm, P.A., is subject to the following terms and conditions. These Terms and Conditions apply to all site visitors, potential clients, and all other users of the site. By using the Site or Service you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Use of the Site & Service
Materials on www.jameshartlaw.com contain general information only to permit you to learn more about our firm, our services and our professionals, as well as information about business and intellectual property law, and information about legal services in general. The information presented is not legal advice, is not to be acted on as such, and is subject to change without notice. To access or use the Site or the Service, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site or the Service.
Your Agreeement
PLEASE REVIEW THESE TERMS AND CONDITIONS BEFORE USING THE WEBSITE. This is a legal agreement (the “Agreement”) between you (“You” or “Your”) and the Firm regarding Your use of this website and related non-legal services (collectively, the “Website”). By using the Website, You represent and warrant that You have read and understood, and agree to be bound by, these Terms and Conditions and the Privacy Policy for the firm (the “Privacy Policy”).
IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, OR ARE NOT LEGALLY QUALIFIED TO ENTER INTO CONTRACTS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.
We may at any time and without further notice, revise this Agreement or the Privacy Policy by posting an amended version on the Website. Any changes will be effective immediately upon posting. It is Your responsibility to review this Agreement and the Privacy Policy periodically.
IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.
Unless the Firm obtains Your express consent, any revised Privacy Policy will apply only to information collected by us after such time as the revised Privacy Policy takes effect. Notwithstanding the foregoing, we may at any time and without notice, modify or discontinue the Website. You agree that the Firm shall have no obligation of any sort in connection with any modification or discontinuance of the Website.
NO ATTORNEY-CLIENT RELATIONSHIP, NO LEGAL ADVICE CREATED BY WEBSITE
The information provided on the Site is for educational and informational purposes only. It is not legal advice. If you require legal advice, consult an attorney licensed in your jurisdiction. Use of the Site and Service does not establish an attorney-client relationship.
AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND THE FIRM CAN ONLY BE FORMED BY EXECUTION OF OR ACCEPTANCE OF AN EMPLOYMENT AND/OR ENGAGEMENT AGREEMENT WITH FIRM.
NOT A SOLICITATION
The Website and any communications sent to you either electronically or via postal mail pursuant to your request for information are “communications” within the meaning of the Rule 7 of the Rules of Professional Conduct. Neither this Website nor any electronic or hard copy communications are intended as, nor should they in any way be construed as, “Solicitations” as also defined by Rule 7.3. If You believe that the Website violates any applicable ethical rule, whether in Your jurisdiction or elsewhere, You should immediately leave the Website, and should disregard all information and other materials available thereon.
LEGAL DISCLAIMER
Please note that your use of this site and any links to any off-site pages or other sites from this site is at your own risk. This site is not responsible for the content of any off-site pages or any other sites linked to our site. Any material downloaded or otherwise obtained through the use of this site is done at your own risk and will not be responsible for any damage to your computer system or any loss of data that results from the use of this site.
Attorney Advertising
This website may constitute attorney advertising under the laws of some states. The firm does not intend its site to constitute attorney advertising but recognizes that it may be so considered in certain jurisdictions. To clarify the purpose of the website and the firm’s intent as to its visitors, the firm states that visiting the website and interacting with the materials provided thereon does not establish an attorney-client relationship, which is only formed when you have signed an engagement agreement and complied with the terms thereof. Materials and information provided on the website are not indicative of likely results in any particular matter. The firm cannot guarantee results; past results do not guarantee future results.
Modification of These Terms
The firm reserves the right to change the terms, conditions, and notices under which jameshartlaw.com is offered. By using jameshartlaw.com or sending our office any personal information, you agree to this policy and will be deemed bound to this policy in effect as of the date of such use.
Licensing Status
Our attorneys are licensed to practice in North Carolina and Florida. The attorneys of the firm practice law only where licensed to do so, where permitted to do so by virtue of the advice rendered being on issues of Federal law, and where permitted to do so by multi-jurisdictional practice rules including American Bar Association Model Rule 5.5 and individual state rules modeled after American Bar Association Model Rule 5.5. To the extent the attorneys of the firm are contacted by potential clients seeking legal services in jurisdictions in which the attorneys are not permitted by these or other means to practice law, the firm shall decline to provide representation. The firm does not seek to represent anyone based solely upon a visit to jameshartlaw.com or upon advertising, or where to do so would not comply with applicable local laws and rules. Access to the website from physical locations in jurisdictions in which the attorneys of the firm are not permitted to practice law is inadvertent and unavoidable due to the nature of internet access; any such access is not intended by the firm as an advertising effort or an effort to establish a systematic and continuous presence in any jurisdiction in which the attorneys are not permitted to practice law.
Material You Submit to the Site
You shall not upload, post or otherwise make available on the Site or via email any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
Intellectual Property Rights to Your Materials
We claim no intellectual property rights over the Materials you supply to the Site. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Service. Content you submit to the Site remains yours to the extent that you have any legal claims therein. Notwithstanding the foregoing, you grant the firm a worldwide, nonexclusive, irrevocable license to display the Materials you supply to us for business development and marketing purposes only. By visiting the site, you agree to hold the firm harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
Scope of Services
An attorney-client relationship with prospective clients is established only after an attorney of the firm has expressly communicated the ability to accept representation of your matter. The firm may decline to provide legal service if a conflict of interest is discovered. The scope of legal services to be performed by an attorney of the firm will be expressly agreed upon in writing by you before any legal services are performed, and do not include any services that have been expressly excluded or are otherwise outside the scope of the written agreement. The terms herein do not apply to any attorney-client relationship that may exist between you and the firm in addition to your use of the site; any materials or other communications within such relationship, if any, are governed by the terms of your Engagement Contract with the firm.
Description of Services
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions.
Cookies
We use session cookies to ensure that your computer displays jameshartlaw.comeffectively. You have the ability to accept or decline cookies using your web browser settings. If you choose not to accept cookies from jameshartlaw.com, you may not be able to take full advantage of its features or to receive some of the services jameshartlaw.com provides.
Links and Email Addresses
Links posted on this website to other websites are provided only as a convenience to our clients. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the firm. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Spamming, the unsolicited broadcasts of email addresses or links in this website, is prohibited and unauthorized.
Lawful Purposes
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
No Warranty
The information presented on jameshartlaw.com is provided “as is” and “as available,” without representation or warranty of any kind. The firm does not represent or warrant that such information is or will be always current, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed.
Modification of Terms
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Limitation of Liability
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, The firm is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if the firm has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall the Firm’s cumulative liability to you exceed the total purchase price of the Service you have purchased from the Firm, and if no purchase has been made by you, the Firm’s cumulative liability to you shall not exceed $100.
Indemnification
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Our Intellectual Property
The Site and Service contain intellectual property owned by the firm including, without limitation, the firm logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel,” trademarks, trade dress, copyrights, proprietary information and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in anyway exploit in any format whatsoever any of the Site or Service content, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement; Waiver
This Agreement constitutes the entire agreement between you and the firm pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us pertaining to the Site and Service. No waiver of any of the provisions of this Agreement by the firm shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by us.
Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
The Hart Law Firm, P.A.
5540 Centerview Dr. Ste 204
Raleigh, North Carolina 27606-8012
Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of North Carolina as applied to contracts that are executed and performed entirely in North Carolina. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Wake County, North Carolina. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Severability
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Assignment
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licenseable or otherwise transferable by you, accept upon approval by the firm. Any transfer, assignment, delegation or sublicense by you is invalid.
Updated: July 2023