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Terms and Conditions

Terms and Conditions

 

These Terms of Use (“Terms”) govern your use of The Law Offices of Ryan Cappy’s (“Company”) website (the “Site”). Please read the Terms before using the Site. Use of the Site constitutes your agreement to all Terms. If you object to anything in these Terms or the Site’s Privacy Policy, do not use the Site. The Terms are subject to change at any time, effective upon posting on the Site.

 

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the privacy statement for disclosures relating to the collection and use of your information.

 

WEBSITE CONTENT

All content available on the Site is the copyrighted work of The Law Offices of Ryan Cappy.  Any reproduction or redistribution of this Site, in whole or in part, without the written permission of Company is expressly prohibited by law, and may result in severe civil and criminal penalties. All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”), as well as the coordination, selection, arrangement and enhancement of such Proprietary Material, that users see or read on the Site is owned by Company or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Users may not copy, download, use redesign, reconfigure, or retransmit anything from the Site without Company’s prior express written permission.

Company makes no representations about the suitability of the information or content contained on the Site for any purpose. All such materials are provided “as is” without warranty of any kind. Company disclaims all warranties and conditions with regard to the Site, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall Company be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of information available from the Site.

 

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Site, you will not use the Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or the servers that host it, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, or accounts, computer systems or networks that may be accessed through the Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

 

LINKS TO THIRD PARTY SITES

Links from the Site to other sites on the Web, if any, are provided as an information service only.  It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. Company does not control such websites, and is not responsible for their content. Users further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by Company’s Terms of Use and Privacy Policy. All users do hereby agree to hold Company harmless from any liability that may result from the use of links that may appear on the Site.

 

MODIFICATIONS TO THE SITE

Company reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information on the Site with or without notice to the user and Company shall not be liable to user or any third party for any modification or discontinuance of the Site.

 

 

SMS Text Terms & Conditions

 

The Law Offices of Ryan Cappy and its subsidiaries (“The Law Offices of Ryan Cappy”, “we”, “Company”, or “us”) is offering a recurring SMS text alert and update program. By submitting your mobile phone number, you consent to receive text messages for communication with Company to the mobile number provided, that may be sent using automated dialing systems (“Text Messages”).

Your consent to receive Text Messages is not otherwise required to purchase any goods or services from us. You may opt-out of these communications at any time, and consent to receive marketing text message is not required to purchase any goods or services.

You also accept and agree to be bound these SMS/Text Terms and Conditions, the Website Terms and Conditions, and our Privacy Policy as applicable and any other applicable terms and agreements related to your use of Company’s services.

Opt-Out & Information: You can opt out at any time by replying STOP, CANCEL, or UNSUBSCRIBE.

Data Rates & Charges: Message & Data rates may apply. A wireless service provider may charge for each text message that is sent and received. Message and data charges will appear on your phone bill or be deducted from your prepaid account. Consult your service provider for information about your pricing plan.

Subscriber Requirements: Each subscriber must use his or her own wireless device capable of two-way messaging and a participating carrier with a telephone area code within the 50 United States or the District of Columbia. Not all carriers covered. Participating carriers are not liable for any delayed or undelivered messages.

SMS Services: The services are offered on an “as is” basis, and: (1) may not be available in all areas at all times; and (2) may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. We may change or discontinue the services without notice or liability to you.

Privacy: Information collected in connection with the SMS services will be used in accordance with our Privacy Policy.

The Law Offices of Ryan Cappy and its officers, directors, employees and agents are not responsible and shall not be liable for any losses or injuries of any kind resulting from technical failures or delays of any kind, any damage to any person’s computer or wireless device, or any other loss directly or indirectly caused by participation in the services. We reserve the right to cease delivery of messages to any person at any time in our sole discretion.

Governing Law: These Terms and Conditions are governed by the laws of the State of Florida, without regard to its principles of conflicts of law, and regardless of your location.

Contacting Us: If you have questions, you may contact us at: (813) 512-6011 or info@cappylaw.com

Arbitration of Disputes

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE ONLINE SERVICES (EACH, A “DISPUTE”), WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT, WITH RESPECT TO ANY DISPUTE, (A) Company AND YOU ARE EACH WAIVING THE RIGHT TO A COURT ACTION AND A TRIAL BY A JURY; (B) ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; (C) CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED; AND (D) YOU ARE GIVING UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (currently available online at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased), as amended by these SMS/Text Terms and Conditions. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of these SMS/Text Terms and Conditions and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these SMS/Text Terms and Conditions, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these SMS/Text Terms and Conditions will preclude you from bringing issues to the attention of federal, state or local agencies and, if applicable law allows, they can seek relief against us for you.

 

MISCELLANEOUS

Failure by Company to enforce any provision(s) of these Terms shall not be construed as a waiver of any provision or right.

These Terms, and all other aspects of usage of the Site, shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws rules. All claims and disputes arising out of these Terms or use of the Site shall be exclusively brought in the federal, state or local courts located in Tampa, Florida; and, with regard to such claims and disputes, Users hereby irrevocably (i) submit to the exercise of personal jurisdiction over them by these courts, and (ii) waive any jurisdictional, venue or inconvenient forum objections to such courts.

These Terms constitute the entire agreement between users and Company with respect to the Site and its content and users have not relied on any promises or representations made by Company, its agents or employees except as set forth herein.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms shall remain in full force and effect.

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