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These Terms of Use include Mandatory Arbitration

LEGAL NOTICE

PLEASE REVIEW THIS LEGAL NOTICE BEFORE USING THE WEBSITE. By using the website, textlawsuit.com (including Eisenbandlaw.com), and related non-legal services (collectively, the “Website”), you represent and warrant that you have read and understood and agree to be bound by this Legal Notice and our Privacy Policy. By using the Website, you further represent and warrant that you are 18 years old or older, and that you are otherwise legally qualified to enter contracts under applicable law. IF YOU DO NOT UNDERSTAND THIS LEGAL NOTICE, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, OR ARE NOT LEGALLY QUALIFIED TO ENTER INTO CONTRACTS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE. 

TERMS OF USE

THE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR OTHER COURT PROCEEDINGS.

Thank you for visiting the web site (TEXTLAWSUIT.com) or using the mobile application of TEXTLAWSUIT.com which is owned/and or operated by Eisenband Law, P.A. and/or its affiliates (“EL,” “we”, “us”, or “our”) Michael Eisenband is licensed to practice law only in the State of Florida.

These Terms of Use (“Terms of Use” or “Terms”) are a legal and binding agreement between you and EL governing your access to and use of this website (the website and mobile applications, or any portion thereof, the “Site”). The information contained on the Site is provided for educational and informational purposes only and the contents of the Site are not and should not be construed as legal advice. As is described further below, nothing on the Site is medical advice or should supplement or inform in anyway your medical decisions or a decision to seek medical advice.

The Site is not an offer to perform services on any matter. This Site contains general information from a variety of sources and might not reflect current legal developments, verdicts or settlements. We do not undertake to update material in our Site to reflect subsequent legal or other developments.

Please read our Disclaimer below, which is incorporated into these Terms, for additional limitations on the use and effect of the Site. This “Terms of Use” outlines the conditions on which the Site is made available to you. Read the Terms of Use carefully. If you use this Site, you are deemed to have agreed to these Terms of Use.

This Site is designed to be accessible to and usable by people with and without disabilities. Please call us at (954) 732-2792 or jerry@ eisenbandlaw.com if you encounter an accessibility or usability issue on this site.

We may update, change, modify, or revise these Terms of Use at any time and for any reason. Any changes will become effective upon posting to the Site, along with the date on which it was most recently revised as indicated by the “Last Updated” heading at the top of these Terms of Use. Your continued access to and/or use of the Site after any such modifications constitute your acceptance of the Terms of Use as modified. It is your responsibility to review the Terms of Use regularly for updates. Please contact us as provided above if you would like information regarding any modifications. If any modification to these Terms of Use is held to be invalid, void, or unenforceable for any reason, such modifications shall be deemed severable and shall not affect the validity and enforceability of these Terms of Use and the remaining provision.

EL hereby grants you a non-exclusive, non-transferable, revocable, limited right and license to access and use the Site solely for your personal use in accordance with these Terms of Use. You shall not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit the Site.

EL may at any time, for any reason, and without notice or liability: (a) modify, suspend, or terminate operation of or access to the Site and related services, or (b) change, revise, or modify the Site and affiliated services.

Privacy Policy

Please review our Privacy Policy as posted on the Site (the “Privacy Policy”), which is incorporated herein and also governs your use of the Site, to understand EL’s privacy practices.

Restrictions on Use

  • You agree not to:
  • reproduce, distribute, publically display, or otherwise transfer the Site;
  • adapt, alter, modify, reverse engineer, disassemble, or decompile the Site;
  • prepare derivative works based on the Site or any EL technology;
  • remove, obscure, or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Site;
  • frame, mirror, or in-line link the Site, or incorporate into another website, application, or other service any EL intellectual property;
  • use the Site for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
  • attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
  • interfere with any access control measures or attempt to disable or circumvent such security features;
  • post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;
  • submit or post any false or misleading information; and/or
  • violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of EL, its licensors, or any other person or entity.

We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Site, users, us, our brand, our business partners and licensors, or any other person or entity, or that violates these Terms of Use and/or applicable law.

Any unauthorized use automatically terminates the license granted to you hereunder.

No Relationship or Obligation Arises from Use of the Site

The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts, and who is licensed in the applicable state, and is familiar with the applicable law. Internet subscribers, mobile application users, and online readers should seek professional counsel about their legal rights and remedies. You should not act or refrain from acting on the basis of any information found the Site. Any actions or decisions about your legal rights should be based on the particular facts and circumstances of your situation, and appropriate legal advice from an attorney retained directly by you. EL EXPRESSLY DISCLAIMS ALL LIABILITY WITH RESPECT TO ACTIONS TAKEN OR NOT TAKEN BASED UPON ANY INFORMATION OR OTHER CONTENTS OF THIS SITE. Viewing the Site, or communicating with EL by Internet e-mail or through the Site does not constitute or create an attorney-client relationship with anyone. The content and features on the Site do not create, and are not intended to create, an attorney-client relationship, and shall not be construed as legal advice. The content and features of the Site, including means to submit a question or information, do not constitute an offer to represent you or otherwise give rise to an attorney/client relationship.

THE SITE IS PROVIDED “AS IS”. EL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND ONLINE SERVICES AND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, EL DOES NOT GUARANTEE THAT THE ONLINE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

Confidentiality is Not Guaranteed

Information sent to Eisenband Law, P.A. via Internet e-mail or through the Site is not secure and is done on a non-confidential basis. EL may make reasonable efforts to keep communications private, but because of the nature of Internet communications and the absence of an attorney/client relationship, we cannot promise or guarantee confidentiality.

EL Is Not Responsible for Content; Limitation on Liability

EL may periodically change, remove, or add the material on the Site without notice. This material may contain technical or typographical errors. EL DOES NOT GUARANTEE ITS ACCURACY, COMPLETENESS OR SUITABILITY. EL assumes no liability or responsibility for any errors or omissions in the contents of the Site. Your use of the Site is at your own risk. Under no circumstances shall EL or any other party involved in the creation, production or delivery of the Site be liable to you or any other person for any indirect, special, incidental, or consequential damages of any kind arising from your access to, or use of, the Site. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL EL BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RELATING TO THIS MATERIAL, FOR ANY USE OF THIS WEBSITE, OR FOR ANY OTHER LINKED WEBSITE.

Third-party Web Sites

The website may contain links to third party web sites for the convenience of our users. EL does not endorse any of these third party sites and does not imply any association between EL and those sites. EL does not control these third party web sites and cannot represent that their policies and practices will be consistent with these Terms of Use. If you use links to access and use such web sites, you do so at your own risk. EL is not responsible for the contents or availability of any linked sites. These links are provided only as a convenience to the recipient. These Terms only apply to the Site and do not apply to any linked sites. We encourage you to read and understand the terms of use of any linked sites that you visit. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through any linked site.

State Laws Vary

EL lawyers (Michael Eisenband) are licensed to practice law only within the state of Florida but we affiliate or form relationships with lawyers throughout the United States. EL may refer prospective clients to other law firms located throughout the country, who form relationships with EL, and are experienced in handling such cases. EL may also undertake legal representation in certain cases, and will affiliate with other legal counsel located throughout the country to provide legal representation. The laws of each State are different. The Site contains information about general or common rules that apply in some states. The Site also contains information about verdicts or settlements in past cases. You cannot assume that the same rules apply, or that the same result would occur, in your state or any particular state. The Statute of Limitations is especially important. Every state has laws called the “statute of limitations” which set a deadline to file a lawsuit. That means that a lawsuit filed too late may be thrown out, regardless of the defendant’s fault.

EL Clients

Only individuals who have entered into a mutually signed retainer agreement with EL are EL clients (“EL Clients”).

Legal and Ethical Requirements

EL has tried to comply with all legal and ethical requirements in compiling the Site. We welcome comments about our compliance with the applicable rules and will update the Site as warranted, upon learning of any new or different requirements. To the extent that the professional responsibility rules of any jurisdiction require us to designate a principal office or an attorney responsible for the Site, Eisenband Law, P.A. designates its office in Fort Lauderdale, Florida (USA), 515 E Las Olas Blvd, Ste 1301, Fort Lauderdale, FL 33301 and attorney Michael Eisenband.

State Advertising Disclosures

states. EL adopts and makes the following disclosures:

Some materials on this website may constitute lawyer advertising. The choice of a lawyer is an important decision, and it should never be based solely upon an advertisement. Before making your choice of any attorney, you should give this matter careful thought. The selection of an attorney is an important decision. Before you decide, you may ask us to send you free written information about our qualifications and experience. FREE BACKGROUND INFORMATION IS AVAILABLE UPON REQUEST. No representation is made that the lawyers are certified specialists or experts in any field of law. And no representation is made that the legal services to be performed are greater than the quality of legal services performed by other lawyers. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability, and not rely upon advertisements or self-proclaimed expertise. No representation is made here about your specific rights. Every case is different and must be judged on its own merits. Prior results do not guarantee a similar outcome. Contingent attorney fees are negotiable and not set by law. Costs and fees are charged only upon monetary recovery. Not available in all states. Cases may be handled in association with, or referred to, other law firms as co-counsel or referral counsel.

Alabama: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Colorado: Colorado does not certify attorneys as specialists in any field.

Florida: The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

Iowa: The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by rule of the Supreme Court of Iowa. NOTICE TO THE PUBLIC: Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a lawyer is a specialist or expert in a field of law, nor do they mean that such a lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa.

Kentucky and Oregon: THIS IS AN ADVERTISEMENT

Mississippi: The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements.

Missouri: Neither the Supreme Court of Missouri nor the Missouri Bar reviews or approves certifying organizations or specialist designations.

Nevada: The State Bar of Nevada does not certify any lawyer as a specialist or expert.

New Jersey: ATTORNEY ADVERTISEMENT — NOT A REFERRAL SERVICE. Before making your choice of an attorney, you should give this matter careful thought. The selection of an attorney is an important decision.

New Mexico: LAWYER ADVERTISEMENT.

New York: ATTORNEY ADVERTISING. Prior results do not guarantee a similar outcome.

Pennsylvania: ATTORNEY ADVERTISEMENT – NOT A REFERRAL SERVICE. Before making your choice of an attorney, you should give this matter careful thought. The selection of an attorney is an important decision.

Tennessee: None of the attorneys in this firm are certified as a Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor’s Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Estate Planning or Elder Law specialist by the Tennessee Commission on Continuing Legal Education and Specialization. Certification as a specialist in all other listed areas is not currently available in Tennessee.

Texas: Unless otherwise stated, our attorneys claiming certification in an area of law are not certified by the Texas Board of Legal Specialization.

Wyoming: The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability, and not rely upon advertisements or self-proclaimed expertise.

Governing Laws in Case of Dispute; Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, USA, without regard to any choice of law principles. Any and all disputes arising hereunder shall be governed as set forth in the Arbitration section below.

Submissions

You are solely responsible for any information, content, or material you transmit to or through the Site (“Submissions”). You understand that Submissions are considered non-confidential and non-proprietary. Furthermore, you grant EL an unrestricted, irrevocable, perpetual, transferable, subliscensable, worldwide, royalty-free license to use, copy, reproduce, display, publish, publicly perform, transmit, and distribute any Submission, without compensation or accounting to you or anyone else. You represent and warrant that: (a) you have the right to submit the Submission to EL and grant the licenses as described above; (b) EL will not need to obtain licenses from any third party or pay royalties to any third party for its use of the Submission; (c) the Submission does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (d) the Submission complies with these Terms of Use and all applicable laws and regulations.

EL takes no responsibility and assumes no liability for any Submission.

Arbitration

Any and all claims by you arising out of or related to the Site or your use thereof may be resolved only through a binding arbitration proceeding to be conducted under the auspices of the Commercial Arbitration Rules of the American Arbitration Association in Miami-Dade and/or Broward County, Florida. This includes any and all claims relating to any communications, emails, voicemails, prerecorded messages, or text messages, or phone calls you receive from Eisenband Law, P.A. after providing your personal information to Eisenband Law, P.A. through this Website.

Both your agreement to arbitrate all controversies, disputes and claims, and the results and awards rendered through the arbitration, will be final and binding on you and may be specifically enforced by legal proceedings. Arbitration will be the sole means of resolving such controversies, disputes and claims, and you waive your rights to resolve such controversies, disputes and claims by court proceedings or any other means. You agree that judgment may be entered on the award in any court of competent jurisdiction and, therefore, any award rendered shall be binding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You understand that by agreeing to arbitration as a mechanism to resolve all controversies, disputes and claims between us, you are waiving certain rights, including the right to bring an action in court, the right to a jury trial, the right to broad discovery, and the right to an appeal. You understand that in the context of arbitration, a case is decided by an arbitrator (one or more), not by a judge or a jury. 

International Use

The Site is controlled, operated, and administered by EL from offices within the United States of America and is only intended for use therein. We make no representation regarding use of the Site outside of the United States.

Other Terms

If, for any reason, a Terms of Use, our Privacy Policy, or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms of Use and Privacy Policy shall continue in full force and effect. EL’s failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by EL hereof will be deemed effective unless in writing. These Terms of Use, together with our Privacy Policy, as each is currently posted, constitute the entire agreement between EL and you with respect to your use of the Site and supersede all previous written or oral agreements relating to the subject matter hereof, except that this agreement shall not supersede, restrict, or replace any agreements governing the attorney-client relationship between EL and EL Clients.

EL may, in its sole discretion and without prior notice, block and/or terminate your access to the Site and if we determine that you have violated these Terms of Use or other terms or agreements or that may be associated therewith or if you use the Site in a way that we deem, in our sole discretion, to be an unacceptable use.

SMS TERMS

Consent for SMS Communication
The phone numbers obtained through the SMS consent process will not be shared with third
parties for marketing purposes.

Types of SMS Communications 
If you have consented to receive text messages from Eisenband Law, P.A., you may receive
messages related to an inquiry you made, case updates, task reminders, and case follow-ups.
For example: “Thank you for contacting Eisenband Law, P.A., how can we help you? Reply STOP
to opt-out at any time. Message and data rates may apply.

Message Frequency
Our SMS message frequency will range from 1 to 10 text messages daily across all users.
Potential Fees for SMS Messaging
Many carriers charge a fee for each message sent or received. This can vary depending on the
carrier’s pricing structure and whether the message is sent domestically or internationally.

Opt-In Method 
Customers can opt-in for SMS messaging from Eisenband Law, P.A. through intake forms on our
website located at www.textlawsuit.com or eisenbandlaw.com. This agreement for SMS will not
be shared with third parties for marketing purposes without separate and informed consent.

Opt-Out 
Customers can opt-out of SMS messaging from Eisenband Law, P.A. by replying STOP at any
time to any received SMS message. Once opted-out, they will receive no further SMS
communication. They can opt back in at any time by replying START.

Help
Customers can ask for help with SMS messaging from Eisenband Law, P.A. at any time by
replying or texting HELP. An Eisenband Law, P.A. operator will assist them with any issues they
may be having.

 

PRIVACY POLICY

CONSUMER COMMUNICATION
To ensure that consumers’ inquiries are handled accurately, courteously, and promptly, you certify, warrant, and represent that the telephone numbers you have provided to Eisenband Law, P.A. are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree that Eisenband Law, P.A. may send emails to you at any email address you provide us, or use other electronic means of communication to the extent permitted by law.

GENERAL
Eisenband Law, P.A. and its affiliates (referred to herein as “EL”, “we”, “us”, or “our”) respects your privacy and is committed to complying with this privacy policy (“Privacy Policy”), which describes what information we collect about you, how we use it, with whom we may share it, and what choices you have regarding our use of your information. This Privacy Policy applies to information collected on our website located at eisenbandlaw.com any webpage that EL maintains that links to this Privacy Policy, any current or future mobile applications associated with EL or the website, and other online or wireless offerings that post a link to the Privacy Policy or otherwise provided to, or collected by, us in connection with the services we provide (collectively, the “Services”).

TYPES OF INFORMATION WE COLLECT
Definition of Personal Information. “Personal Information” is information that, either alone or in combination with other information, identifies you. Examples of Personal Information include, among others, name, email address, phone number, and mailing address. Personal Information also includes certain information we collect when you retain EL to represent you in legal matters, including the distribution of settlement or other payments to you, if applicable. This information can include your Social Security number and financial account numbers.

Information You Provide Us. While using our Services, including contacting us, creating an account, or applying for a position, we may ask you to provide us with information (including Personal Information) such as your name, e-mail, phone number, and zip code. Further, where expressly designated by EL, some portions of the Services may be used by active EL clients to communicate pursuant to an attorney/client relationship. You may choose whether or not to provide such information; however, the information may be required to respond to your request.

Information Collected Automatically. We and our third party providers may use cookies and other technologies such as log files, tracking pixels, and analytic tools and services to collect information (including Personal Information) automatically from you. Such information includes your IP address, location information, the type of the web browser and operating system you use, browsing activities, usage information, and any other information that your web browsing software or Internet Service Provider automatically provides to our Services.

COOKIES
A cookie is a small piece of data stored by your web browser on your computer or mobile device. We use cookies to collect information from you regarding your usage of the Services in order to remember user preferences and settings, personalize your experience with the Services, and for security purposes. You may opt-out of the automatic collection of some information by referring to your web browser’s or mobile device’s options or settings menu. However, doing so may disable many of the portions, features, or functionality of the Services. Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.

HOW WE MAY USE YOUR PERSONAL INFORMATION
We may use the Personal Information we collect: to facilitate your requests for a free case evaluation and determine your legal needs;

    • to provide you with legal and other services you request;
    • to create and manage your account;
    • to respond to your inquiries and communicate with you;
    • to send you newsletters, legal updates, event information, marketing communications, and other information that may interest you;
    • to operate, troubleshoot, and improve the Service;
    • to understand how people are using the Services, including by generating and analyzing statistics;
    • to improve and customize communications and advertisements;
    • to evaluate, recruit, and hire personnel;
    • to enforce our Terms of Use;
    • to comply with applicable laws, regulations, and legal processes; and/or
    • to protect our rights or property, and the security and integrity of our business, the Services, users, and our third party business partners and service providers.

INFORMATION SECURITY
EL takes commercially reasonable measures to secure and protect the Personal Information we collect. Nevertheless, no security system is impenetrable. We cannot guarantee the absolute security of your Personal Information. Moreover, we are not responsible for the security of information you transmit to us over networks that we do not control, including the Internet and wireless networks.

USING THE SERVICES FROM OUTSIDE THE UNITED STATES
If you are using the Services from outside of the United States of America, please be aware that your Personal Information may be transferred to, stored or processed in the United States, where our servers are located and our central database is operated. The data protection and other laws of the United States might not be as comprehensive as those in your country. By using any portion of the Services, you understand and consent to the transfer of your Personal Information to our facilities in the United States and those third parties with whom we share it as described in this Privacy Policy.

CHILDREN’S PRIVACY
We do not knowingly solicit or collect Personal Information online from children under the age of 13. Please contact us as provided below in the Contact Us section if you believe we may have collected such information without parental or guardian consent.

CHANGES TO THIS PRIVACY POLICY
EL may change this Privacy Policy from time to time to reflect changes in our practices or in applicable law. Such changes will be effective upon posting the revised Privacy Policy on our Services. You will be able to tell when this Privacy Policy was last updated by the Last Updated date included at the bottom of this Privacy Policy. By continuing to use our Services, or communicating electronically with us thereafter, you agree to accept such changes to this Privacy Policy.

CONTACT US
If you have any questions about this Privacy Policy or EL’s information privacy practices, please contact us at: E-mail: MEisenband@Eisenbandlaw.com