Terms of Use and Privacy

These Terms of Use and Legal Disclaimer (these “Terms”) apply for all purposes to your use of the Widerman Malek, P.L. (the “Firm”, “we”, “us”, “our”) website (the “Site”), and by using the Site you expressly and voluntarily agree and acknowledge that these Terms, as amended from time to time by the Firm and posted on the Site effective as dated above, shall govern such use.

Legal Disclaimer

The Site is for general information only. The information presented on the Site is not intended to be, and does not constitute, legal advice, and your use of it does not create an attorney-client relationship.

No visitor to the Site should act on the basis of any content included herein without seeking the appropriate legal advice from qualified counsel. Any prior results described on Site do not guarantee a similar outcome, and is not meant to indicate that the same or similar results can or will be obtained in other cases or situations.  Results will vary depending on the facts and circumstances of each individual matter.

Images used on the Site may be those of actors depicting fictional scenes. References to past or present clients or the circumstances of their specific matters do not constitute testimonials or endorsements by such clients, and further do not provide a guaranty, warranty or prediction of the outcome of your legal matter.

Electronic mail or other communications through the Site (or any of its lawyers, other employees, agents or representatives) are not secure. Accordingly, the Firm does not guarantee the confidentiality of such communications.

To the extent the bar rules in your jurisdiction require us to designate a principal office and/or single attorney responsible for the Site, the Firm designates its office in Melbourne, Florida, as its principal office and designates Mark Malek, Esq. as the attorney responsible for the Site.

Attorneys of the Firm are licensed to practice law only in the jurisdictions indicated in their biographies on the Site.

The Site may constitute advertising material. Photographs are for dramatization purposes only.

Intellectual Property

All copyrightable text and graphics, the original selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of this Site are © 2015 Widerman Malek, P.L. All rights reserved. Permission is granted to download and print materials from the Site for the limited purpose of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission, or modification of information or materials on this site, whether in electronic or hard copy form, without the express prior written permission of Widerman Malek, P.L. is strictly prohibited.  Widerman Malek, PL, Tactical IP Blog, and “We Put All The Pieces Together” are trademarks of Widerman Malek, PL. Other trademarks are owned by their respective owners.

User Conduct

You agree to comply with all applicable laws and regulations in connection with your use of the Site.

You shall not use the information on the Site to distribute unsolicited bulk e-mails, solicitations or inquiries. The foregoing acts will constitute a violation of these Terms.

You will not violate, attempt to violate, or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of Site. Without limiting the foregoing, you agree not to: (a) attempt or to enable others to attempt to gain unauthorized access to any other accounts, computer systems or networks connected to any server of the Firm or to any of the materials contained therein, through hacking, password theft or any other means; (b) attempt or enable other to attempt to obtain any materials through any means that the Firm has not intentionally made available on the Site; or (c) use the Site or the materials therein in any manner that could damage, disable, overburden, or impair any server of the Firm, or the network(s) connected to any server of the Firm, or that might interfere with any other person’s access to or use or enjoyment of any materials on the Site.

Limitation of Liability and Disclaimer of Warranties

THE SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

NEITHER THE FIRM NOR ITS PARTNERS, MEMBERS, ATTORNEYS, EMPLOYEES, AGENTS, AFFILIATES AND SUPPLIERS (THE “FIRM PARTIES”) MAKE ANY, AND HEREBY DISCLAIM ALL, WARRANTIES THAT MIGHT ARISE FROM YOUR USE OR RELIANCE ON THE SITE AND THE MATERIALS INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

THE FIRM PARTIES WILL BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR MATERIALS RELATED THERETO, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTORY OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF THE FIRM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY OF ITS ESSENTIAL PURPOSE.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR ITS MATERIALS IS TO STOP USING THE SITE OR THE MATERIALS.

TO THE EXTENT THAT THE FIRM MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF THE FIRM’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

General

Any and all disputes arising out of or relating these Terms or your use of Site or materials therein shall be brought exclusively in and resolved by the Federal or State courts located in and for Brevard County, Florida, and you hereby unconditionally and irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose, and irrevocably waive any objection to the laying of venue therein based on lack of jurisdiction, inconvenience or otherwise.

IN THE EVENT OF ANY SUCH DISPUTE, YOU (AND THE FIRM PARTIES) VOLUNTARILY AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY, AND AGREE THAT ANY SUCH DISPUTE SHALL BE RESOLVED SOLELY BY A JUDGE, AND AGREE THAT SUCH WAIVER IS A MATERIAL INDUCEMENT TO THE FIRM TO PERMIT USE OF THE SITE BY YOU.  FURTHER, IN THE EVENT OF ANY SUCH DISPUTE, YOU VOLUNTARILY AND IRREVOCABLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, AND AGREE THAT SUCH DISPUTE SHALL BE RESOLVED AS BETWEEN YOU AND THE FIRM, OR THE FIRM PARTIES AS APPLICABLE, AND YOU SHALL NOT PARTICIPATE IN ANY JOINDER OR CONSOLIDATED ACTION AGAINST THE FIRM RELATED TO SUCH DISPUTE.

If any term or provision of these Terms is held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision so held shall be severed herefrom without effect to the remaining terms and provisions of these Terms, which shall remain in full effect and force.

PRIVACY NOTICE

This Privacy Notice informs you of how Widerman Malek, P.L. (the “Firm”, “we”, “us” or “our”) collects and uses certain information provided by you in connection with your use of the Firm’s website (the “Site”), and as used herein the term “you” applies to visitors of the Site and those who subscribe to the Firm’s newsletter or otherwise send comments and questions through the Site.

Information

When you visit the Site, the Firm collects standard internet log information and details of visitor behavior patterns, in order to discover the number of visitors to the various parts of the Site, among other reasons.  Such information is collected in a way that does not identify anyone. The Firm does not make any attempt to find out the identities of those persons visiting the Site, and it will not associate any data gathered from the Site with any personally identifiable information (“Personal Information”) from any source. If the Firm decides to collect Personal Information through the Site, you will be notified.

Some sections of the Site invite you to request publications and information about legal topics and events, or to contact the Firm with comments and questions.  If you do so, the Firm normally keeps on a database your email address and other details and Personal Information supplied by you.  Such database is accessible by the Firm and all of its attorneys, employees, vendors and contractors, and the level of protection for your personal data varies from access point to access point and device to device.  The Firm will not disclose any Personal Information you provide by means of the Site to any third parties unconnected with the Firm without your consent, except to the Firm’s data processors (and in some cases for statistical analysis purposes) or as otherwise permitted by relevant data protection legislation.  Personal Information will be used by the Firm for the purposes for which you provide them or as otherwise stated in the relevant section of the Site.

Cookies

What are cookies?

Cookies are small text files which are stored on your computer by your web browser.

A typical example of how a cookie is used is to store a user ID to make logging in to a site, or ordering something much quicker for the user. An example of what the cookie might contain in this instance would something like “ID=96352398”.

Nearly every site on the Internet uses cookies. They are used for a variety of purposes, such as:

  • To personalize pages and remember visitor preferences;
  • To analyze visitor behavior (known as ‘analytics’);
  • To manage items added to shopping carts in online stores; and
  • To track people across websites and deliver targeted advertising.

Use of Cookies by the Firm

The table below explains the cookies that the Firm uses and why:

Cookie Name Purpose More information
Google Analytics _utma
_utmb
_utmc
_utmz
Type: Optional Cookie
These cookies are used to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited.
Click here for an overview of privacy at Google
Site Analytics ID H1_N1_ID Type: Optional cookie

Used by HubbardOne for analytics.

Site Analytis Session H1_N1_Sess Type: Optional cookie

Used by HubbardOne for analytics.
This cookie is removed when the browser is closed.

Web analytics nmstat Type: Optional cookie

Used to store a random ID for web analytics.

Addthis _atuvc Type: Optional cookie

Generated by Addthis client side javascript to store share count prior to the cache being updated.

Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.

To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.

At times, the Firm may embed videos from YouTube using YouTube’s privacy-enhanced mode. This mode may set cookies on your computer once you click on the YouTube video player, but YouTube will not store Personal Information from cookies for playbacks of embedded videos using the privacy-enhanced mode. To find out more please visit YouTube’s embedding videos information page.

Links to Other Websites

This Privacy Notice does not cover the links within the Site linking to other websites. We encourage you to read the privacy statements on the other websites you visit.

Changes

The Firm occasionally makes changes to this Privacy Notice to reflect feedback or as otherwise in its view based on applicable law.  The effective date of the most recent Privacy Notice is set forth above.  The Firm encourages you to review this Privacy Notice periodically.  If the Firm makes any material changes in the way it collects, uses and/or shares Personal Information that you have voluntarily provided, the Firm you notify you by posting notice of such changes in a clear and conspicuous manner on this Site.  Your use of the Site constitutes your express agreement to and acknowledgment of this Privacy Notice.

Questions

If you have any questions about this Privacy Notice, please contact us by email as set forth on the Site.

If you wish to discontinue or “opt out” of the use of your Personal Information by the Firm at any time, or to unsubscribe from any newsletter or promotional materials of the Firm, please contact us by email as set forth on the Site.

Contact Us Today

Widerman Malek Celebration Law Office
506 Celebration Avenue
Celebration, FL 34747.
Phone: (407) 566-0001

Widerman Malek, PL
1990 West New Haven Ave. Suite 201
Melbourne, FL 32904
Phone: (321) 255-2332
Fax: (321) 255-2351
Toll Free: (877) 868-7239

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