Terms of Service

TERMS OF SERVICE

Updated: August 11, 2023

Thank you for visiting Daveyjay.com (the “Site”)! This Site is the website for Davey Jay Law PA (the “Firm”), a Florida law firm. Your access to this Site is subject to these Terms of Service.

 

Email Policies

Receipt of Email in Error

Information transmitted by email is intended only for the person or entity to which it is addressed. Emails and attachments received from us may be protected by the attorney-client privilege, as attorney work-product or based on other privileges or provisions of law, and may contain proprietary, trade secret, or business-confidential information or material. If you are not an intended recipient of an email from us, do not read, copy, use, forward or disclose the email or any of its attachments to others. Instead, immediately notify the sender by replying to the email and then delete it from your system. We strictly prohibit any unauthorized disclosure, copying, distribution or use of emails or attachments sent by us.
 

No Attorney/Client Relationship

Sending email to the Firm or submitting information via our "Contact Us" form on the Site does and will not not create an attorney-client relationship, and none will be formed unless there is an express agreement between you and the Firm. We strongly advise against sending confidential or privileged information to the Firm until we have established such a relationship. Such communications between you and the Firm are protected by our Privacy Policy but not by the attorney-client privilege or as work product. Accordingly, please do not send us any confidential information by email except at the specific request of a lawyer of this Firm. Unsolicited emails are not binding on this firm and cannot impose valid deadlines.

Consent to Electronic Communication

By using the Site, you consent to receive emails from the Firm, provided such emails are in accordance with our Privacy Policy. You may change your email preferences at any time by emailing info@daveyjay.com. Please note that clients of the Firm, may not “opt out” of receiving service or account-related emails us. However, you may always “opt out” of receiving marketing emails. Should we need to communicate with you regarding your use of this Site, we may choose to communicate with by email or by posting notices on the Site. You agree that all terms, policies, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
 

Website Disclaimers

This Site is for the purposes of advertising legal services. The materials appearing on this Site are provided for general informational use only, and are in no way intended to constitute legal advice. Transmission or receipt of any information from this Site does not create an attorney-client relationship with the Firm, and you should not act or rely upon any information appearing on this Site.

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Some information provided on this Site is intended to be a starting point to gather information about legal issues and attorneys who may be suitable for your legal needs, but you should not rely solely on such information in deciding whether to hire an attorney or how to resolve a legal matter. Before you decide, ask us to send you free, written information about our qualifications and experience.
 

Reference to any attorneys, law firms, or other legal service providers or organizations, educational institutions, courts, associations, organizations, publications, licenses, accreditations, ratings, evaluations, endorsements, reviews, products, services, processes, or other information, by name, trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by the Firm.

Website Terms of Service

By using the Site, you agree to follow and be bound by these Terms of Service and agree to comply with all applicable laws and regulations, including United States Federal and Florida laws. In these Terms of Service, the words “you” and “your” refer to each customer, Site visitor or user. “The Firm,” “we”, “us” and “our” all refer to Davey Jay Law. “Services” refers to all services provided by us on the Site.

YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT. Minors are not eligible to use the Site and we ask that they do not submit any personal information to us. You acknowledge that the Firm reserves the right to refuse service to anyone and to cancel user access at any time.

Your right to access and use the Site is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Site for lawful purposes and pursuant to these Terms of Service and our Privacy Policy.

Your access and use of the Site may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site or other actions that we, in our sole discretion, may elect to take. We reserve the right to suspend or discontinue the availability of the Site and/or any portion or feature of the Site at any time in our sole discretion and without prior notice.

Any action by you that, in our sole discretion: (i) violates these Terms of Service and/or our Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of the Site; or (iii) through the use of the Site, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use the Site.

When using the Site, you understand and agree that you shall not:

  1. metatag or frame the Site without our prior express written permission;
  2. interfere with or disrupt the Site or servers or networks connected to the Site;
  3. impersonate any person or entity, including, but not limited to, any employee, officer or director or affiliate of Davey Jay Law or falsely state or misrepresent your affiliation with the Firm;
  4. forge headers;
  5. disguise the origin of any content transmitted through the Site;
  6. collect or store personal data about other users; or
  7. directly solicit business for yourself or others.

Ownership of Content

This Site is owned and operated by Davey Jay Law. All right, title, and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds, and images (the “Content”) are owned by the Firm. Except as otherwise expressly provided herein, the Content may not be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this Site shall be construed to confer any license under any of our intellectual property rights, whether by estoppel, implication, or otherwise. Any rights not expressly granted herein are reserved by the Firm.

All Content and the selection and arrangement thereof are Copyright © 2023, Davey Jay Law. ALL RIGHTS RESERVED.

"DAVEY JAY LAW"  and the “Jaybird” logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of the Firm. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
 

THE SITE, AND ALL MATERIALS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE FIRM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE FIRM MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, OR IN RELIANCE ON THE MATERIALS, WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. THE FIRM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION.

Linking Policy

We encourage and permit you to include text links to Content on the Site on your websites and social media, provided that: (a) any text-only link must clearly be marked “daveyjay.com,” (b) you will not use links that are not text-only without our prior consent and unless using our approved graphics; (c) the link must further the Site and the Firm's purpose; (d) the appearance, position, and other aspects of the link and the host website or social media post may not be misleading, fraudulent, or in any other manner damage or dilute the goodwill associated with the Firm and its trademarks, as determined by us in our sole discretion; (e) the appearance, position, and other aspects of the link and host Web site may not create the false appearance than an entity other than the Firm is associated with the link, or that the host website or social media post is sponsored by us; (f) the link, when activated by an internet user, must display www.daveyjay.com full-screen and not with a “frame” on the linked website or social media post; and (g) we reserve the right to revoke our consent to the link at any time, in our sole discretion, upon notice to you or by amending these Terms of Service.

The Firm is not responsible for any information, content, or materials contained or provided for on any such host website or social media. Links to this Site are allowed solely for convenience to internet users and to further the Firm and its purpose, and are not intended as an endorsement by us of the organization or individual operating the host website or a warranty of any type regarding the host website or the information on the host Web site.

Website Privacy Policy

The Firm is committed to protecting your personally identifiable information, and we appreciate you choosing to do business with us. It is your responsibility to review our Privacy Policy periodically for changes. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account with us.

General Terms

We reserve the right to update, amend and/or change these Terms of Service at any time in our sole discretion and without notice to you. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. You are encouraged to revisit these Terms of Service from time to time in order to review any changes that have been made. Your continued access and use of the Site following the posting of any such changes shall automatically be deemed your acceptance of all changes. If you have any questions about these Terms of Service, please contact the Firm. 

You acknowledge that these Terms of Service form a valid and binding agreement that is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information to this Site. You represent that you have the capacity to be bound by these Terms of Service, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. In order to determine your compliance with these Terms of Service, we may monitor your access and use of the Site in accordance with our Privacy Policy.

All notice required to be given in writing and delivered either by hand or by recognized overnight delivery service shall be pre-paid and addressed as set forth below.

If to the Firm:

  • DAVEY JAY LAW
    Attn: Davey T. Jay, Esq.
    1215 E. Concord Street
    Orlando, Florida 32803

If to You:

  • Via e-mail or transmittal to the address identified by you through your registration as a user of the Site shall constitute notice to you.

You shall defend, indemnify and hold harmless us and our officers, directors, shareholders, employees, independent contractors, agents, representatives, and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or violation of these Terms of Service our our Privacy Policy by you; (ii) your failure to provide accurate, complete, and current personally identifiable information requested or required by us; and/or (iii) your access or use of the Site.

You acknowledge that we may be irreparably damaged if these Terms of Service or our Privacy Policy are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms of Service or our Privacy Policy by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, or to a decree for specific performance of the provisions of these Terms of Service or our Privacy Policy.

Any legal action or proceeding relating to your access to or use of the Site is governed by U.S. Federal Law and Florida Law. You agree that any action or proceeding with regard thereto shall be brought in the courts of record of Orange County, Florida, or the United States District Court, Middle District of Florida. You acknowledge and agree that your use of this Site is reaching into the State of Florida for purposes of establishing personal jurisdiction under these Terms of Service and under Florida’s “long arm” statute, and you consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure, or local rules. You agree that Davey Jay Law shall be entitled to an award of attorneys' fees and costs incurred in connection with any dispute arising out of or related to these Terms of Service and/or our Privacy Policy.

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD THE FIRM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION, MEDIATION OR ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION, MEDIATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF THE FIRM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THE FIRM, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.