Privacy Policy
Effective Date: September 15, 2024
Jennifer Nelson Flynn, Esq. (hereinafter referred to as “JNF LAW,” “us,” “we,” “our,” or “Firm”) created this Privacy Policy to apply to information collected through this website https://jnelsonflynnlaw.com and all digital assets contained or offered therein (“Website”). This Privacy Policy describes, among other things, the types of Information collected from users when you use the Website, how the information is used, and how you can access your Information. This Privacy Policy does not apply to any of the legal services provided by Jennifer Nelson Flynn, Esq.
This Privacy Policy is incorporated by reference into and supplements JFN LAW Terms of Use (“Terms”). By using the Website and providing your Information (defined below in Section I), you acknowledge and agree to the practices, terms and conditions set forth in this Privacy Policy and Terms referenced above, and to any updates to these policies posted here from time to time. If you are a resident of and coming to the Website from the European Union (EU), European Economic Area (EEA), or United Kingdom (UK), or certain U.S. States, you may be entitled to certain individual rights under applicable Data Protection Laws. Please see the Notice to Certain Residents of Data Subject Rights for more information.
INFORMATION COLLECTED ABOUT YOU
Information collected includes only that information you provide to us. The information covered herein is referred to collectively as “Information,” and may include “Personal Information” or “Personal Data” as those terms are defined under applicable law. Specifically, Information includes any information relating to an identified or identifiable natural person, who could be identified either directly or indirectly by reference to an identifier such as name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
In using the Website, you may provide Information, including, without limitation:
Cookies & Technologies Use to Collect Information About You
This Website and/or certain service providers connecting to this Website operating on the Firm’s behalf may collect information about your activity, or activity on devices associated with you over time, on our sites and applications, and across non-affiliated websites or online applications. Such information may be collected by using certain technologies, such as cookies, web beacons, and other technologies. Third-party service providers, advertisers, and/or partners may also view, edit, or set their own cookies or place web beacons.
Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of the Website. Unless you have adjusted your browser setting so that it will refuse cookies, cookies may be issued when you direct your browser to the Website.
Do Not Track. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. In order to provide you with meaningful choices about the Information collected on the Website for online advertising and analytics purposes, you are provided with the opt-out mechanisms listed herein. Please note that currently, the browser-initiated DNT or such signals generated by it is not currently recognized by the Website. Use of online tracking technologies may be considered a “sale” or “sharing” under certain laws. To the extent that disclosing information to these online tracking technologies is deemed to be a “sale” or “sharing” under certain laws, you can opt out of these online tracking technologies by broadcasting an opt-out preference signal, such as the Global Privacy Controls (GPC). Please note that some features of the Website may not be available to you as a result of these choices.
HOW WE USE YOUR INFORMATION
Use and Purpose of Processing Your Information
Your information may be used and processed for things that may include, but are not limited to, the following:
Your information may also be used though it has been de-identified and/or aggregated for purposes not otherwise listed above.
Sharing Your Information
Your Information may be shared as set forth in this Privacy Policy and possibly in the following circumstances:
· Third-Party Service Providers. Your Information may be shared with third-party service providers that perform certain functions or services on the Firm’s behalf (such as to host the Website, assist with fraud and cybersecurity, manage databases, perform analyses, provide customer service, or send communications for us). These third-party service providers are authorized to use your Information only as necessary to provide these services. In some instances, Information may be aggregated to collect so third parties do not have access to your identifiable Information and therefore cannot identify you individually.
· Disclosure of Information for Legal, Administrative and Regulatory Reasons. Your Information may be disclosed without notice, but only: (i) when required by law or to comply with a court order, subpoena, search warrant, or other legal process; (ii) to cooperate with or undertake an internal or external investigation or audit; (iii) to comply with legal, regulatory, or administrative requirements of governmental authorities (including, without limitation, requests from the governmental authorities to view your Information) or the relevant gaming authorities; (iv) to protect and defend the rights, property or safety of the Firm and affiliates, and any officers, directors, employees, attorneys, agents, contractors and partners, and the Website users; (v) to enforce or apply the Terms of Service; and (vi) to verify the identity of the user of the Website.
· Business Transfers. Your Information may be shared, transferred, sold, or otherwise conveyed (“Conveyed”, or “Conveyances”) to a third party in connection with, or during the negotiation of: (i) a merger with or acquisition by another business entity; (ii) a financing; (iii) a sale of all or substantially all the Firm’s assets; (iv) an adjudication of bankruptcy; or (v) a liquidation. You agree to any and all such Conveyances of your Information.
· With Your Consent. Your Information may be shared consistent with this Privacy Policy with your consent.
Sale or Sharing of Your Information
Your Information will not be sold or shared.
Use and Disclosure of Sensitive Information
Your Sensitive Information will not be collected, used, or disclosed on the Website.
LINKS TO OTHER WEBSITES
The Website may contain links to third-party websites that are subject to their own terms of service and privacy policy. If you submit personal Information to any of those websites, applications or Social Media Platforms, your Information is governed by their privacy policies. The Firm has no control over, does not necessarily endorse, and is not responsible for, the content, advertising, products, services, or other materials on or available from these websites or for any information that you may submit on that site. Links to any other websites or content do not constitute or imply an endorsement or recommendation by us of the linked website, Social Media Platform, and/or content.
INFORMATION SECURITY
The Firm uses commercially reasonable measures to provide the Website. However, you should assume that no data transmitted over the Internet or stored or maintained by the Firm or our third-party service providers can be 100% secure. Therefore, although the measures implemented reduce the likelihood of security problems to a level appropriate to the type of data involved, there is no promise or guarantee as to its security, and you should not expect, that your Information or private communications will always remain private or secure. Additionally, there is no guarantee that your Information will not be misused by third parties. The Firm is not responsible for the circumvention of any privacy settings or security features. You agree that the Firm will not have any liability for misuse, access, acquisition, deletion, or disclosure of your Information. If you believe that your Information has been accessed or acquired by an unauthorized person, you shall promptly contact us by the measures set forth herein so that necessary measures can quickly be taken.
DATA RETENTION
Your Information will be retained for as long as needed to provide you use of the Website. The Firm will retain and may continue to process your Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. In accordance with routine record keeping, certain records that contain Information you have submitted to us may be deleted. There exists no obligation for the Firm to store such Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Information.
YOUR CHOICES
Marketing Communications. If you do not want to receive marketing and promotional emails, you may click on the “unsubscribe” link in the email to unsubscribe and opt-out of marketing email communications or see How to Contact Us below for more information.
Opting Out of Direct Marketing by Third Parties. To exercise choices regarding the marketing information you receive, you may also review the following links:
NOTICE TO CERTAIN RESIDENTS OF DATA SUBJECT RIGHTS
Residents of certain U.S. states and international jurisdictions may have rights and choices regarding their personal information. To the extent any data protection law applies to our collection of your personal information, this supplemental section of the Privacy Policy outlines the individual rights you may be entitled to and how to exercise those rights. Depending on where you live and subject to certain exceptions, you may have some or all of the following rights.
Lawful Basis for Processing Your Information
The lawful basis for our processing of your Personal Data will depend on the purposes of the processing. For most Personal Data processing activities covered by this Privacy Policy, the lawful basis is that the processing is necessary for our legitimate business interests. Where your Personal Data is processed in relation to a contract or a potential contract with you, the lawful basis is that the processing is necessary for the performance of our contract with you or to take steps at your request prior to entering into a contract. If the Firm is required to share Personal Data with law enforcement agencies or other governmental bodies, it shall do so on the basis that we are under a legal obligation to do so. The Firm will also use consent as the legal basis where it deems appropriate or to the extent required by applicable law, for example, before your precise location data is collected from your mobile device. Depending on what Personal Data we collect from you and how it is collected, the Firm may also rely on various grounds for processing your Personal Data, including the following reasons:
Consent to Transfer
The Firm operates in the United States and may use service providers based in the United States to operate the Firm’s business and its relationship with you. Please be aware that Information, including your Personal Data, that is collected will be transferred to, stored, and processed in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen. Appropriate security measures are maintained to address the transfer of your Personal Data between the Firm and any third-party providers in accordance with applicable data protection laws and regulations.
IX. EXERCISING YOUR DATA SUBJECT RIGHTS
To exercise any of the rights described above, please submit a verifiable consumer request via the methods described below. The verifiable consumer request must:
· Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Information, or an authorized representative; and
· Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. To help protect your privacy and maintain security, if you request access to or deletion of your Information, steps will be taken and may require you to provide certain information to verify your identity before granting you access to your Information or complying with your request. In addition, if you ask to provide you with specific pieces of Information, you may be required to sign a declaration under penalty of perjury that you are the consumer/client whose Information is the subject of the request. If permitted by the applicable data protection law, you may use an authorized agent to submit requests on your behalf provided that the authorized agent is a natural person or a business entity that you have authorized to act on your behalf. If you use an authorized agent, you will be required to submit: (1) proof of written permission for the authorized agent to make requests on your behalf, and identity verification from you; or (2) proof of power of attorney pursuant under applicable law. Only you or your authorized agent may make a verifiable consumer request related to your Information. A request from an authorized agent may be denied if proper verification proof is not submitted. You may also make a verifiable consumer request on behalf of your minor child.
X. GEOGRAPHIC LOCATION OF DATA STORAGE AND PROCESSING
The Website is targeted to individuals located in the United States. As such, the Website collects Information and processes and stores that Information in databases located in the United States. If you are visiting the Website from a country outside the United States, you should be aware that you may transfer personally identifiable Information about yourself to the United States, and that the data protection laws of the United States may not be as comprehensive as those in your own country. By visiting the Website and submitting any personally identifiable Information, you consent to the transfer of such personally identifiable Information to the United States.
XI. CHILDREN’S INFORMATION
The Website is intended only for users over the age of sixteen (16). If the Firm becomes aware that a user of the Website is under sixteen (16) (or a higher age threshold where applicable) and has provided us with Information, steps will be taken to comply with any applicable legal requirement to remove such Information. Contact the Firm if you believe that the Firm has mistakenly or unintentionally collected Information from a child under the age of sixteen (16).
XII. DIFFICULTY ACCESSING OUR PRIVACY POLICY
Individuals with disabilities who are unable to usefully access our Privacy Policy online may contact the For, to inquire how they can obtain a copy of our policy in another, more easily readable format.
XIII. “DO NOT TRACK” SIGNALS
The Firm does not support “Do Not Track.” Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable “Do Not Track” by visiting the “Preferences” or “Settings” page of your web browser. Do Not Track is different from Global Privacy Controls (“GPC”), which may notify websites of consumers’ privacy preferences regarding the sale or sharing of personal Information, or the use of sensitive personal Information.
XIV. CHANGES TO THIS PRIVACY POLICY
The Firm reserves the right to change, modify, or amend this Privacy Policy at any time to reflect changes in service offerings, accommodate new technologies, regulatory requirements, or other purposes. If there is a modification to the Privacy Policy, the updated “Effective Date” will be displayed, and such changes will be effective upon posting. It is your obligation to check our current Privacy Policy for any changes.
XV. HOW TO CONTACT US
If you have any questions about this Privacy Policy or the Information we have collected about you, please email: jeneralcounsel@gmail.com or you can call: (754) 213-5406.
Terms of Use
Please read these Terms of Use carefully.
Jennifer Nelson Flynn, Esq. (hereinafter collectively referred to as “JNF LAW,” or “the Firm”) has created the following Terms of Use (“Terms”) to apply to all users of this website, https://www.jnelsonflynnlaw.com and all digital assets contained or offered therein (collectively, the “Website”). These Terms do not apply to any provisions of legal counsel or advice, which is governed by a separate agreement.
These Terms are written in the English language, and there is no guarantee as to the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms conflict with the English language version, the English language version of these Terms shall control.
I. GENERAL CONDITIONS
Please carefully read these Terms before using the Website. By using the Website, you agree to be bound by the Terms, including the Binding Arbitration Clause and Class Action Waiver described in Section IX, and the Privacy Policy attached by link to the Website. If you do not agree to the Terms, then you must not use the Website. If you violate the Terms, the Firm reserves the right to deny you access to the Website, together with any and all other legal remedies. The headings used herein are included for convenience only and will not limit or otherwise affect these Terms.
II. NON-EXCLUSIVE, NON-TRANSFERABLE RIGHT TO USE THE WEBSITE
You are granted you a limited, revocable, non-exclusive, non-transferable right to review and in some instances print content, from the Website (e.g., the Website) for your personal and educational purposes as long as you do not violate any aspect of these Terms or applicable law, including JNF LAW’s intellectual property and other proprietary rights in and to the Website or the intellectual property rights of another party. The Firm reserves the right to terminate or limit your access to the Website and/or the licenses granted herein for any reason (or no reason) and in its sole discretion.
The Firm reserves the right to, at any time, temporarily or permanently, modify or discontinue any features associated with the Website with or without notice and for any reason, including performing maintenance, repairs, or upgrades. The Firm (and our licensors) remain the sole owner of all rights, title, and interest in the Website, and will not be liable if for any reason all or any part of the Website are unavailable at any time or for any period.
III. INTELLECTUAL PROPERTY
All content, features, and functionality available through the Website, including but not limited to design, artwork, hyperlinks, text, videos, calendars, software, images, technical drawings, blog posts, podcasts, audio, images, art, code, configurations, graphics, other files, and their selection and arrangement (“Materials”) are either the proprietary property of JNF LAW, our affiliates, or licensors and are protected by United States and international intellectual property and proprietary rights laws. We reserve any and all rights to the Materials. The Materials may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or in part without the Firm’s prior written permission, in its sole discretion, except you may download and print Materials for non-commercial uses that are not competitive with or derogatory to JNF LAW, provided that you keep all copyright or other proprietary notices intact, do not alter such Materials, and do not further reproduce, publish or distribute such Materials. Please note that this limited consent may be revoked at any time and does not include consent to republish Materials on the Internet, or any Intranet or Extranet site, or to incorporate the Materials in any database or other compilation. Any other use of the Materials is strictly prohibited. You further agree that you will not systematically extract, collect, or harvest through electronic means or otherwise, any data or data fields from the Website, including but not limited to customer identities or Information (as defined in our Privacy Policy).
All registered and unregistered trademarks visible or accessible through the Website are trademarks of the Firm, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of the Firm, in its sole discretion, or its owners. All page headers, customer graphics, button icons, and scripts are the Firm’s service marks, trademarks, and/or trade dress or Firm affiliates, and may not be copied, imitated, or used in whole or in part without prior written permission.
IV. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Website or its related content: (a) for any unlawful or fraudulent purpose, including but not limited to, the use of fraudulent credit card information; (b) to solicit others to perform or participate in any unlawful or prohibited acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others or delete the copyright or other proprietary rights notice from any content; (e) to harass, abuse, insult, harm, defame, slander, annoy, disparage, intimidate, or discriminate based upon gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information or otherwise attempt to mislead or impersonate another; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website (or related website, other websites, or the Internet); (h) to collect or track the personal information of others; (i) to send advertising or promotion materials, spam, phish, pharm, pretext, spider, crawl, scrape, or facilitate the use of any malware or ransomware; (j) for any damaging, obscene or immoral purpose; (k) to interfere with or circumvent the security features of the website (or related website, other websites or the Internet), including those to prevent copying of content or that limit use; (l) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation; (m) systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; (n) make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; (o) use a buying agent or purchasing agent to make purchases on the website; (p) use the Website to advertise or offer to sell goods and Website; (q) engage in unauthorized framing of or linking to the Website; (r) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; (s) interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the Website; (t) sell or otherwise transfer your profile; (u) use the Website as part of any effort to compete with us or otherwise use the Website and/or the content for any revenue-generating endeavor or commercial enterprise; (v) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website; (w) copy or adapt the Website’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code; (x) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, malicious code, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website; (y) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”); (z) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software; or (aa) in any way that may be deemed a breach or violation of any of our Terms or Privacy Policy. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.
V. CHILDREN’S INFORMATION
The Firm does not target the Website to minors, who are under sixteen (16) (or a higher age threshold where applicable). You agree that you are not under sixteen (16) years of age. The Firm does not intend to collect or process any Information from anyone under the age of sixteen (16). If the Firm becomes aware that a user is under sixteen (16) (or a higher age threshold where applicable) and has provided us with Information, steps will be taken to comply with any applicable legal requirement to remove such Information. Contact the Firm if you believe that we have mistakenly or unintentionally collected Information from a person under the age of sixteen (16).
VI. ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
A. Errors, Inaccuracies, & Omissions
The Website may contain typographical errors, inaccuracies, or omissions that may relate to Company offerings, promotions, packages, programs, events, and materials. There is no warranty as to the accuracy, completeness, or usefulness of this information. The Firm disclaims all liability and responsibility placed on such information by you, or by anyone who may be informed of any of its contents.
The Firm reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders or programs if any information about the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order, request, submission, payment, form, etc.).
The Firm does not take on any obligation to update, amend, or clarify information in the Website or on any related website, including without limitation, pricing, dates, availability, location, products, and services, except as required by law.
No specified update or refresh data applied in the Website or on any related website should be taken to indicate that all information in the Website or on any related website has been modified or updated.
B. Links to the Website
You may not create a link to any page of the Website without our prior written consent. If you do create a link to a page of the Website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of the Website by linking to it.
C. Links on the Website
The Website might include links to other websites, mobile applications, or social media platforms. We are not responsible for examining or evaluating the content or accuracy of any other website and do not warrant and will not have any liability or responsibility for any other party’s materials or websites or for any other materials, products, or services of other websites. The Firm is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any other party’s websites or other platforms. Please review carefully other party’s website’s policies and practices and make sure you understand them before you engage in any transaction. Claims, complaints, questions, or concerns regarding other parties should be directed to that party.
VII. WARRANTY DISCLAIMER
THE WEBSITE, AND THE INFORMATION ON OR AVAILABLE THROUGH THE WEBSITE, IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE WEBSITE, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. NOTHING ON THE WEBSITE SHALL BE DEEMED TO BE PROVIDING LEGAL SERVICES OR CREATING AN ATTORNEY CLIENT RELATIONSHIP. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE WEBSITE FOR INDEFINITE PERIODS OF TIME OR CANCEL THEM AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE WEBSITE, OR RELATED CONTENT, FOR WHICH IS OR MAY BE PROVIDED BY ANY AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN THE WEBSITE AND/OR OUR LITERATURE.
IN NO CASE SHALL WE, OUR EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE ARISING FROM YOUR USE OF THE WEBSITE OR IN ANY WAY RELATED TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY USE OF THE WEBSITE OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE. IN ANY EVENT, THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND OUR SERVICE PROVIDERS UNDER THESE Terms SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00).
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
VIII. GOVERNING LAW
The Terms and any separate agreements whereby we provide you Website shall be governed and construed in accordance with the laws of the State of New York without reference to any conflict of law rules.
You agree that you will not use the Website in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
IX. ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
A. Arbitration Notice
You and Jennifer Nelson Flynn, Esq. agree that if there is any dispute or claim arising from or related to the Website (except for the Exempt Claims, as defined below), these Terms, and/or the Privacy Policy it will be resolved by confidential binding arbitration in New York, rather than in court, after first giving Notice of the Dispute (“Notice”) to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice. The Notice to the Firm should be sent to Jennifer Nelson Flynn at: 480 SE 12th Ave., Deerfield Beach, FL 33441. This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought.
If you and Jennifer Nelson Flynn are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or Jennifer Nelson Flynn may initiate arbitration proceedings to be conducted by a single impartial arbitrator chosen from the American Arbitration Association (“AAA”)’s National Roster of Commercial Arbitrators by mutual agreement of the Parties (or by the AAA if the Parties cannot agree). There is no judge or jury in arbitration. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
The Federal Arbitration Act and federal arbitration law apply, and the AAA will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
The arbitration shall be held in the Westchester, New York or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Jennifer Nelson Flynn may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Jennifer Nelson Flynn subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and Jennifer Nelson Flynn unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator will also decide any questions relating to the interpretation, applicability, or enforceability of this arbitration clause, except where a party files a claim in court because it is an Exempt Claim (as defined below). If either party files an Exempt Claim, the court presiding over that claim will determine if the claim is an Exempt Claim under this Arbitration Clause. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Notwithstanding any provision in these Terms to the contrary, you and Jennifer Nelson Flynn agree that if any change are made to this section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding prior to the effective date of the change.
CLASS ACTION WAIVER: YOU AND JENNIFER NELSON FLYNN AGREE THAT DISPUTES BETWEEN YOU AND JENNIFER NELSON FLYNN WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
EXEMPT CLAIMS: You and Jennifer Nelson Flynn agree that the following two types of claims are not required to be submitted to an arbitration subject to the following conditions:
B. Claims and Disputes Must be Filed Within Six (6) Months
To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Website, including, without limitation, any website or mobile application or other Website-related product, Website, or other content must be commenced within six (6) months after the claim or cause of action arises. This section applies to you and your heirs, successors, and assigns.
X. SEVERABILITY
To the extent that any provision of these Terms is deemed to be unlawful, void, or unenforceable
Jennifer Nelson Flynn
c: (754) 213-5406
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