terms & Conditions
TERMS AND CONDITIONS OF USE
Welcome to our website. Law Offices of Melody E. Cobbe, PLLC d/b/a Cobbe Law (hereinafter “Cobbe Law”, “we” or “us”) provides its website, mobile versions thereof, and mobile application to you (collectively, the “Site”) as a service to our clients. By using this Site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this Site.
1. Agreement. This Terms and Conditions of Use agreement (the “Agreement”) specifies the terms and conditions for access to and use of www.cobbelaw.com and describes the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time, with or without notice to you, by Cobbe Law upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.cobbelaw.com. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement. You are responsible for regularly reviewing these terms and conditions of use.
3. Relationship Between the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
4. Ownership. Cobbe Law, or its licensors, own all right, title and interest in and to the Site, all the text, content, graphics, interfaces, code and materials in connection with each, the look and feel, selection and arrangement, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including, but not limited to, all intellectual property rights and other proprietary rights in the Site. Your use of the does not grant you ownership of any of the foregoing. All content included on this site is and shall continue to be the property of Cobbe Law or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
5. Trademarks. Unless otherwise indicated on the Site, displayed trademarks, corporate logos, service marks, trade names and emblems (collectively, the “Marks”) are subject to the trademark rights of, and are proprietary to, Cobbe Law or its licensors. Cobbe Law does not grant any license or other authorization to use the Marks. We may also limit access to the Site at our sole discretion to any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
6. Your Use of the Site. Cobbe Law grants you a limited, revocable, nonexclusive license to use the Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Cobbe Law and it may terminate your use of the Site at any time. Further, in connection with your use of the Site, you may not:
a. engage in harvesting of e-mail addresses or other personal information, unsolicited e-mailing, telephone calls or mailings, spoofing, flooding, overloading, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information;
b. impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
c. collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Site;
d. send chain letters or pyramid schemes through or using the Site;
e. decompile, disassemble or reverse engineer the Site or any portion of them;
f. attempt to gain unauthorized access to the Site, any portion of them, or any other computer systems or social media or mobile platforms through the Site or the Services;
g. use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site;
h. obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
i. use the Site or create an account or post any content if you are not over 13 years of age years of age; or
j. circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Site, any users of the Site (including you), or third parties.
7. Creating Accounts. In connection your use of the Site, we may issue to you, or enable you to create, an account with a username and password that enables you to log into certain areas of the Site. At all times, you are responsible for (a) maintaining the security and strict confidentiality of your account password, and (b) for any activity under your account and password, and you accept all risks of unauthorized access to any data or other information you provide to or through Site. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify Cobbe Law when you desire to cancel your account for the Site. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
8. Your Access to the Site. Availability to the Site is subject to change without notice. We reserve the right, for any reason and in our sole discretion, to terminate, change, suspend or discontinue any aspect of any of the Site. Further, Cobbe Law may terminate your privilege to use or access the Site immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Site and agree not access or make use of, or attempt to use, the Site. Cobbe Law also reserves the right to take any technical, legal or other action to terminate or restrict your ability to access the Site. You understand that Cobbe Law may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Cobbe Law.
9. Third Party Services, Link, and Content. From time to time, we may provide you with links through the Site to other websites or services that we do not own or control (including, without limitation, processing credit card or bank account information (collectively, “Third Party Sites”), as well as photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, or other content or items belonging to or originating from third parties (collectively, “Third Party Content”). Your use of any such Third Party Sites and Third Party Content is governed by that third party’s own terms of service and privacy policies. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, legality, timeliness, authenticity, reliability, or completeness by Cobbe Law , and Cobbe Law is not responsible for any Third Party Sites accessed through the Site, or otherwise, or for any Third Party Content posted on, available through or installed from the Site, or otherwise. The inclusion of, linking to, or permitting the use or installation of any Third Party Sites or any Third Party Content does not imply any approval or endorsement by Cobbe Law . If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk, and unless otherwise indicated, this Agreement would no longer govern. YOU HEREBY WAIVE THE RIGHT TO BRING OR ASSERT ANY CLAIM AGAINST COBBE LAW RELATING TO ANY INTERACTIONS WITH ANY THIRD PARTY AND RELEASE COBBE LAW FROM ANY AND ALL LIABILITY RESULTING THEREFROM.
10. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
11. The Digital Millennium Copyright Act. In accordance with the Digital Millennium Copyright Act (the “DMCA”), and other applicable laws, Cobbe Law has implemented a procedure for contacting us in the event you believe that certain rights may be infringed upon by content posted on the Site. If you believe in good faith that content hosted by Cobbe Law infringes your copyright, then provide Cobbe Law written notice containing all of the below information:
a. A full and complete identification of the copyrighted work you claim was infringed;
b. A clear identification of the content you claim is infringing the copyrighted work, the website on which the content is posted, and information that will allow us to locate that material on the Site, such as a link to the allegedly infringing content;
c. Your name, postal address, e-mail address and telephone number;
d. The following statement, signed by you: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”;
e. The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”; and
f. An original signature on the notice by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any such notices of claims of copyright infringement must be either mailed or e-mailed, at your choice, to:
Copyright Infringement Notice
980 North Federal Highway, Suite 110
Boca Raton, FL 33432
Cobbe Law will review and address all notices that we receive that comply with the above requirements. We recommend that you consult your legal advisor before filing a notice or counter-notice. You may be liable for damages (including costs and attorneys’ fees) if you make a false claim of copyright infringement.
12. DISCLAIMER. THE SITE INCLUDING, WITHOUT LIMITATION, THE MATERIALS, INFORMATION, CONTENT, FUNCTIONS, SERVICES, TEXT, GRAPHICS, AND LINKS IN OR ON EITHER, ARE EACH PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COBBE LAW PROVIDES THEM TO YOU “AS-IS” AND AS AVAILABLE AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. COBBE LAW DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COBBE LAW DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN ANY OF THE SITE OR WITH RESPECT TO THEIR COMPLETENESS, CORRECTNESS, ACCURACY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COBBE LAW OR THROUGH THE SITE SHALL CREATE ANY OBLIGATION ON, OR WARRANTY BY, COBBE LAW WHICH IS NOT EXPRESSLY MADE IN THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING IT. YOU SHOULD NOT RELY ON THE SITE TO MAINTAIN ANY DATA OR INFORMATION YOU SUBMIT; INSTEAD, YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THE SITE FAILS OR IS UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATATIONS OR EXCLUSIONS OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATIONS OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THOSE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
18. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL COBBE LAW BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (INCLUDING CONSUMER LAWS) WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, THE EXCLUSIONS OR LIMITATIONS IN THIS AGREEMENT THAT DIRECTLY CONFLICT WITH SUCH LAWS MAY NOT APPLY TO YOU.
19. Indemnification. You agree to indemnify, defend, and hold Cobbe Law , and our partners, employees, and affiliates, harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting in any way from your use of the Site, your breach or violation of any law or third party right or of this Agreement, or any activity otherwise related to your use of the Site (including negligent or wrongful conduct), or by any other person accessing or using the Site or the Services using an account registered to you.
20. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
21. Ability to Accept Terms of Service. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. Further, this Site is not intended for persons under the age of 18.
22. Entire Agreement, Governing Law, etc. This Agreement constitutes the entire understanding between you and Cobbe Law and governs your use of the Site and supersedes any prior agreements between you and Cobbe Law relating to your use of the Site. This Agreement and the relationship between you and Cobbe Law will be governed by and construed under the laws of the State of Florida, without regard to conflicts-of-law principles. You expressly agree that exclusive jurisdiction for any dispute with any Site, resides in the courts of the State of Florida, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida located in Palm Beach County, Florida in connection with any such dispute. You further agree that you will not commence any class action, class arbitration or other representative action or proceeding in connection with the Site. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the court should endeavor to give effect to the intentions as reflected in the subject provision, and all the other provisions of this Agreement will remain in full force and effect. By using the Site you agree that regardless of any statute or law to the contrary, any cause of action or claim you may have with respect to the Site or this Agreement must be commenced within one (1) year after the claim or cause of action arises or be forever barred. Cobbe Law ’s failure to insist upon or enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between you and Cobbe Law nor any trade practice shall act to modify any of this Agreement. Cobbe Law may assign its rights and duties under this Agreement to any party at any time without notice to you. The Site is controlled and operated in the United States and may not be available outside of the United States. Cobbe Law makes no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from locations outside of the United States do so on their own initiative and are responsible for compliance with all applicable local laws. In the case of any violation by you of this Agreement, Cobbe Law reserves the right to seek all remedies available to it for such violations.
Updated July 28th, 2020.
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980 North Federal Highway Suite 110 Boca Raton, Florida 33432
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