Website Terms & Conditions
The following are terms and conditions of a legal agreement between you and Tracy Jong Law Firm (“TJLF”) FOR THIS WEBSITE (“TJLF WEBSITE”) and govern your use of THIS WEBSITE and TJLF Services (“website”) for online transactions and communications. You affirm that you are either more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions contained herein. By using THIS WEBSITE, you acknowledge to have read, understood and agree to be bound by these Terms and Conditions and to comply with all applicable laws and regulations. If you do not agree with these terms you should not use TJLF services and website.
The confidential nature of your account and content is never underestimated within TJLF OR THIS WEBSITE. TJLF is committed to providing the most secure environment possible, throughout the entire process and in our communications with you.
TJLF may, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment handling and other services related to our services for you. The providers of such services do not have access to certain personal or business data provided and any data used by such parties is used only to the extent required by them to perform the services that TJLF requests.
Ethics, legal compliance and protection of intellectual property of others are part of our core mission and TJLF OR THIS WEBSITE delivers honest, good quality services at all times and stand behind our work. TJLF OR THIS WEBSITE expects the same of our clients. You agree that you shall not (nor others using your account):
- post, upload, publish, transmit or make available in any way on the website content which is illegal, intimidating, bullying, unlawful, harassing, harmful, threatening, tortuous, abusive, discriminatory, defamatory, obscene, libelous, hateful, misleading, malicious, pornographic, incites violence, contains nudity or graphic or gratuitous violence, racial or invasive of one's privacy including but not limited to personal information.
- post, upload, publish, transmit or make available in any way on the website software containing viruses or any other computer code, files, or programs designed to destroy, interrupt, be malicious in any manner, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment.
- post, upload, publish, transmit or make available in any way on the website content which is intentionally or unintentionally violating any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside and elsewhere, including but not limited to any laws or regulations relating to securities, privacy, and export control.
- use the website in any way that exposes TJLF OR THIS WEBSITE to criminal or civil liability and will indemnify TJLF OR THIS WEBSITE for any fees, penalties, losses or attorneys fees associated therewith.
- post unauthorized commercial communications (such as spam) on TJLF OR THIS WEBSITE.
- collect users' content or information, or otherwise access TJLF OR THIS WEBSITE, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- engage in unlawful multi-level marketing, such as a pyramid scheme, on TJLF OR THIS WEBSITE.
- solicit login information or access an account belonging to someone
- develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
- do anything that could disable, overburden, or impair the proper working or appearance of TJLF OR THIS WEBSITE, such as a denial of service attack or interference with page rendering or other TJLF OR THIS WEBSITE functionality.
You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
You agree that TJLF OR THIS WEBSITE shall have the right to determine in its sole and unfettered discretion, what action shall be taken in the event of any discovered or reported violation of these terms and conditions.
TJLF does not permit copyright infringing activities or infringement of intellectual property rights in any fashion including on or through its website, and will promptly and without prior notice cease online postings if properly notified of infringements on third party's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your rights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our DMCA agent CHinton@TracyJongLawFirm.com with the following information in electronic form: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description identifying the material claimed to have been infringed and that is to be removed or access to which is to be disabled, and the location where the original or an authorized copy of the material exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.); (3) information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an electronic mail; (4) a statement that you have a good faith belief that use of the material, in the manner complained of, is not authorized by its rightful owner, its agent, or the law; and (5) a statement that the information in the notification is accurate, and under penalty of perjury, that you are the rightful copyright owner or that you are authorized to act on behalf of the owner`s behalf. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
TJLF makes no warranty other than those made expressly in these terms and conditions to the fullest extent permitted by law, TJLF hereby expressly disclaims any representations or warranties of any kind, expressed or implied, including without limitation warranties of merchantability, fitness for any particular purpose, or non-infringement.
TJLF provides its website and services “as is“ and “as available”. TJLF does not warrant that the use of the website and the services will be uninterrupted or error free.
TJLF WILL TRY TO KEEP THIS WEBSITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TJLF IS PROVIDING THIS WEBSITE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TJLF DOES NOT GUARANTEE THAT THIS WEBSITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THIS WEBSITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. TJLF IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. TJLF WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR TJLF OR THIS WEBSITE, EVEN IF TJLF OR THIS WEBSITE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR TJLF OR THIS WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, TJLF’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
These Terms and Conditions set out the full extent of our obligations and liabilities in respect of TJLF OR THIS WEBSITE’s Services. There are no warranties, conditions or other terms that are binding on us regarding the supply of services except as expressly stated in this agreement. Any warranty, condition or other term arising out of or in connection with the supply of the services which might otherwise be implied into or incorporated into this agreement by statute, common law, laws applicable in the country where you ordered the services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded.
Nothing in this agreement shall limit or exclude our liability for fraud or any breach of the obligations implied by applicable compulsory national laws as to title or any liability which cannot be excluded by law.
TJLF will not be liable under this agreement for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise. TJLF’s maximum aggregate liability under this agreement whether in tort (including negligence) or otherwise shall in no circumstances exceed the fee payable by you to TJLF for the services.
You agree to indemnify and hold TJLF and its owners, consultants, contractors and employees harmless from and against all liabilities, costs, damages and expenses (including reasonable solicitors’ fees) arising from or relating to any claims that result from breach of these Terms and Conditions.
Copyright and all other proprietary rights in the content of the website (including but not limited to software, audio, video, text and photographs and excluding all User-Uploaded Content) rests with TJLF. This includes any TJLF documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the website, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world, all of the foregoing, individually and/or collectively, is referred to herein as ("Content"). Content on the website is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. TJLF E reserves all rights not expressly granted in and to the website and the content. You agree to not engage in the use, copying, or distribution of any of the content other than expressly permitted herein, including any use, copying, and/or distribution of for any commercial purposes. If you download or print a copy of the content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to disable, circumvent, or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on use of the website or the content therein.
TJLF has taken care to ensure that the information contained in This Website is accurate and up to date. However, no warranty is given to the accuracy of the content.
This Website may provide links to other websites that are not under the control of TJLF. TJLF shall not be responsible in any way for the content of such websites. TJLF provides such links only as a convenience to you, and the inclusion of any link to any such websites does not imply endorsement by TJLF of the content of such websites.
Since TJLF is a web based service, it might be subject to temporary interruptions. Time to time we also update our website when the site may not be available for a certain period of time. TJLF will endeavor to ensure that the website operates reliably and consistently, but TJLF do not warrant that the website will operate uninterrupted without any faults. TJLF are not responsible for any losses suffered by you as a result of any interruption of the website and/or suspension of your access to the website. reserves the right to modify or discontinue the service at any time.
This policy applies as between you, and the owner and provider of TJLF and This Website. This Statement does not confer any third party beneficiary rights. This policy applies to our use of any and all data collected by us in relation to your use of the website and any Services.
Data Collected and Our Limited Use of Data to Provide You Services
Without limitation, any of the following data may be collected: name; date of birth; gender; job title; profession; contact information such as email addresses and telephone numbers; demographic information such as post code, preferences and interests; financial information such as credit / debit card numbers; IP address (automatically collected); web browser type and version (automatically collected); operating system (automatically collected); a list of URLS starting with a referring site, your activity on TJLF or This Website, and the site you exit to (automatically collected); and cookie information.
Any personal data you submit will be retained by TJLF for as long as you use the Services provided on the website. Data that you may submit through any communications that TJLF may provide may be retained for a longer period. Unless TJLF are obliged or permitted by law to do so, your data will not be disclosed to third parties. This does not include our affiliates and other companies within our group that is providing the services to you. All personal data is stored securely. Any or all of the above data may be required by us from time to time in order to provide you with the best possible service and experience when using our Web Site. Specifically, data may be used by us for the following reasons: internal record keeping; improvement of our products / services; transmission by email of promotional materials that may be of interest to you; contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customize or update the website.
These Terms and Conditions shall be governed by the laws of New York (United States). Any and all disputes arising from these Terms and Conditions, including disputed relating to the validity thereof, and any disputes related to the use of TJLF Service or Website shall be brought to the courts of Monroe County and the Western District of New York.
TJLF reserves all rights not expressly granted to you. You shall not be entitled to assign the contract or any part of it without the prior written consent of TJLF. may assign the contract or any part of it to any person, firm or TJLF affiliate.
TJLF reserves the right to defer the date of delivery or to cancel the contract or reduce the services provided to you (without liability to you) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of TJLF including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials Provided that, if the event in question continues for a continuous period in excess of 180 days, you shall be entitled to give notice in writing to TJLF to terminate the contract.
Each right or remedy of TJLF under the contract is without prejudice to any other right or remedy of TJLF whether under the contract or not.
If any provision of the contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the contract and the remainder of such provision shall continue in full force and effect.
Failure or delay by TJLF in enforcing or partially enforcing any provision of the contract will not be construed as a waiver of any of its rights under the Contract.
Any waiver by TJLF of any breach of, or any default under, any provision of the contract by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the contract.
The parties to this contract do not intend that any term of this contract will be enforceable by third parties or by any person that is not a party to it.
All communications between the parties about this contract must be in writing and delivered by hand or sent by pre-paid first class post or sent by facsimile or email transmission with proof of delivery or receipt (in case of communications to TJLF) to its registered office or such changed address as shall be notified to you by TJLF; or (in the case of the communications to you) to the registered office of the addressee to any address of you set out in any document which forms part of this contract or such other address as shall be notified to TJLF by you. Communications shall be deemed to have been received: If sent by pre-paid first class post, 2 days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); If delivered by hand, on the day of delivery; If sent by facsimile transmission on a working day prior to 4:00 p.m., at the time of transmission and otherwise on the next working day.
TJLF reserves the right to change these Terms and Conditions as TJLF may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the website and you are deemed to have accepted the terms on your first use of the website following the alterations. TJLF will utilize commercially reasonable efforts to provide notice of such changes. The changes will become binding 30 days after they are posted on the website if you have not used the website.