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TERMS & CONDITIONS
Last Modified: September 23, 2022
1. ACCEPTANCE OF TERMS
These terms of use are entered into by and between you and A.R. Smith Law, PLLC (“Company,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, (“Terms of Service”, “Terms of Use”, “Terms and Conditions”, “Terms”) govern your access to and use of the website located at www.arsmithlaw.com, including any content, functionality, and services offered on or through www.arsmithlaw.com (the “Website“). The Terms and Conditions also govern your purchases of Company services from the websites. These Terms apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Use of www.arsmithlaw.com including all materials presented and all online services provided by A.R. Smith Law, PLLC is subject to the following Terms and Conditions. These Terms and Conditions apply to all Website visitors, customers, and all other users of the site. Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes.
Your continued use of the Website or your purchasing a product or service from company following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
2. NO ATTORNEY-CLIENT RELATIONSHIP OR LEGAL ADVICE
The information contained in this website is provided only as general information for education purposes, and topics may or may not be updated subsequent to their initial posting. The information on thisWebsite (including published posts/blogs) may change from time to time. The information presented is not legal advice, should not acted on as legal advice, and is subject to change without notice.
By using this Website or purchasing any of www.arsmithlaw.com’s products, and/or services, you acknowledge that Ahmad R. Smith, Dellwyn K. Smith, A.R. Smith Law, PLLC and www.arsmithlaw.com does not legally represent you or create an attorney-client relationship. The educational information provided through products and/or services is not legal advice, and is not intended to substitute advice from your own attorney within your jurisdiction.
3. GENERAL CONDITIONS
A.R. Smith Law, PLLC and www.arsmithlaw.com (“We”) reserve the right to refuse service to anyone for any reason at any time.
You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment and credit card information is always encrypted during transfer over networks.
You expressly agree not to sell, resell, reproduce, duplicate, copy, or exploit any portion of this Website, the Service provided, the Products provided, use of the Service/Products, or access to the Service/Products, or any contact on the website through which the service/products are provided, without express written permission by us.
You may use the Website and Service for lawful purposes only. You shall not post or transmit through the Website 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. Doing so is grounds for termination of service, at our discretion.
4. PERSONAL INFORMATION
Your submission of personal information through the website is governed by our Privacy Policy. To view our Privacy Policy, click here.
5. PRIVACY
All information we collect on this Website is subject to our Privacy Policy, www.arsmithlaw.com/privacy-policy. By using the Website, you consent to all actions taken by us with respect to your information consistent with the Privacy Policy.
6. OUR INTELLECTUAL PROPERTY
This Website and Service contain intellectual property owned A.R. Smith Law, PLLC, including, but not limited to, trademarks, copyrights, proprietary information and other intellectual property as well as any business names, logo, all designs, text, graphics, digital products, other files, and the selection and arrangement of such. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
7. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR: (a) DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES IN EXCESS OF $100, OR (b) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, EVEN IF COMPANY OR ONE OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES AND REGARDLESS OF WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
8. INDEMNIFICATION
You agree to 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 Website 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.
9. MODIFICATION OF TERMS
We reserve the right to change the terms, conditions, and notices under which www.arsmithlaw.com is available. By using www.arsmithlaw.com or sending us any personal information, you agree to this policy and are bound to this policy in effect as of the date of such use.
10. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and A.R. Smith Law, PLLC pertaining to this Website and Service and supersedes any prior communication, representations, agreements and understandings between us. No waiver of any of the provisions of this Agreement by A.R. Smith Law, PLLC shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by A.R. Smith Law, PLLC.
11. NOTICES
All notices, requests, and other communications under this Agreement shall be in writing and properly addressed as follows:
A.R. Smith Law, PLLC
263 E. Pearl Street
Jackson, Mississippi 39201
E-mail address: ahmad@arsmithlaw.com
12. GOVERNING LAW
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Mississippi without giving effect to any choice or conflict of law provision or rule (whether of the State of Mississippi or any other jurisdiction).
13. AGREEMENT TO ARBITRATE
THIS SECTION IS AN “AGREEMENT TO ARBITRATE.” ANY DISPUTE, CLAIM, OR CONTROVERSY (collectively, “Claims”) WITH THE COMPANY ARISING OUT OF OR RELATING TO THESE TERMS OF USE, USE OF THE WEBSITE, ANY PURCHASE TRANSACTION, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY OF THE TERMS OF USE, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION, WHICH SHALL BE THE SOLE AND EXCLUSIVE FORUM FOR ADJUDICATING ANY SUCH CLAIMS.
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 Mediation Arbitration Professional Systems, Inc 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.
Nothing in these Terms of Use shall be construed to preclude a party from bringing an individual action in small claims court or from seeking injunctive relief, damages, or other relief based on an infringement of a party’s intellectual property rights.
To the maximum extent permitted by applicable law, each party agrees to waive the right to trial by jury, each party agrees that no arbitration or Claim under these Terms of Use shall be joined with any other arbitration or Claim, no class arbitration proceedings shall occur, and each party waives any rights to class arbitration. If any provision of this Agreement to Arbitrate is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
13. WAIVER AND SEVERABILITY
No waiver by the Company of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
In the event that one or more of the provisions of this agreement shall be found unenforceable, illegal or invalid, it shall not affect any other provisions of this agreement, and this agreement shall be construed as if the provision found to be unenforceable, illegal or invalid had never been contained in the agreement, or the unenforceable, illegal or invalid provision shall be construed, amended and/or reformed to be made enforceable, legal and valid.
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.
14. ENTIRE 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-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
This website is operated by A.R. Smith Law, PLLC. Any questions about these Terms and Conditions, should be emailed us ahmad@arsmithlaw.com