Terms and Conditions

License: The New York Litigation Guide (the “Guide”) grants to you, the Subscriber (the Subscriber is also referred to herein as “You” and “Your”), a single, free license to use the Guide. The Guide is an online legal resource. The License is limited and non-transferable, and may be used only by You. By subscribing to the Guide and accepting the License, You agree that you will not copy, reproduce, sell, license, sublicense, distribute, lease or otherwise allow any other person or entity to access or otherwise use your subscription to the Guide. The Guide may revoke your license at any time, for any reason. You do not have to pay any money to obtain or maintain a free license, and you will not be charged any money when your free license is revoked when the Guide becomes a pay-for-use model, with the exception that the author and Litigation Guide Publishing reserve all rights to pursue any all violations of our copyright.

Limited warranty: The Guide is provided “as is” and, to the maximum extent permitted by applicable law, the Guide disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty against infringement. If You choose to use and/or rely on any material in the Guide, You do so at Your sole and exclusive risk. As the law is constantly changing and evolving, You should, for Your own benefit and that of Your client, as applicable, confirm all research and other material in the Guide before submitting such research and/or material to a client, court, or any other person or entity, or otherwise relying on such research and/or material.

No liability for damages: To the maximum extent permitted by applicable law, in no event shall the Guide be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of, or inability to use, the Guide.

Entirety of Agreement: This Agreement, and any modifications and additional terms posted hereafter, constitute the entire agreement between you and the Guide pertaining to Your use of the Guide. This Agreement supersedes any prior agreements between You and the Guide, including but not limited to, any prior versions of the Agreement. This Agreement will survive termination of Your subscription to the Guide.

Your Privacy: The Guide will not sell or otherwise allow any person or entity to use your name and/or email address, with the exception of Marc A. Wites and Wites & Kapetan, who will only use such information for the limited purpose of sending You, from time to time, information about and/or advertisements for The Guide, Marc A. Wites and/or Wites & Kapetan.

Governing Law and Venue:This Agreement is governed by the laws of the State of Florida. All disputes arising out of or related to this Agreement shall be resolved through arbitration, as provided below, exclusively in the county where you reside.

Arbitration of Dispute: Any controversy, claim or dispute between the parties arising out of or relating to this agreement or the alleged breach, termination, enforcement, interpretation or validity thereof, including but not limited to the termination or the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Broward County, Florida by a single arbitrator and administered by the American Arbitration Association (“AAA”). This means that neither You nor the guide shall have the right to litigate in court any claim or have a jury trial, or to engage in pre-arbitration discovery except as provided by the code of the AAA. You also not have the right to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration.

The parties shall share the cost of arbitration equally. Each party is responsible for their own attorney’s fees unless awarded as the prevailing party under applicable law. The arbitrator’s decision shall be binding and final.

There shall be no authority for any claims to be arbitrated on a class action basis or any basis involving claims brought in a purported representative capacity on behalf any person and/or entity. Further, no claims may be joined or consolidated in the arbitration with any other claims brought by any person or entity unless otherwise agreed to in writing by all parties.

Waiver of Jury Trial:You and the Guide understand that by voluntarily agreeing to binding arbitration as set forth above, both give up their right to trial by jury of any claim each may have against the other.

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