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PRIVACY POLICY:
Introduction
The Company is committed to maintaining the privacy of personal information collected on the Internet. This privacy policy discloses the personal information gathering and disseminating practices of Company in connection with the use of the Website. This policy statement does not address the collection or dissemination of personal information through other sources such as in-person seminars or an attorney’s personal contacts. Please read the following information carefully to understand our views and practices regarding the collection, use and dissemination of your personal data. Use of this Website constitutes consent to Company’s collection and use of personal data as outlined herein.
Children Under the Age of 18
Our Website is not intended for children under 18 years of age. No one under age 18 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or on or through any of its features, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at [email protected]
Information We Collect About You and How We Collect It
Generally, our Website can be visited without revealing any information about yourself. There are times, however, when we ask for personally identifiable information from you, such as your name, company, e-mail address, phone number, and address. We request this personal information in order to generally correspond with you, or to otherwise respond to your request. Where applicable, our Website will differentiate between personal data fields that are optional and those that are mandatory to obtain the requested information.
Company may collect and/or track (a) the home server domain names, e-mail addresses, type of computer, IP address, and type of web browser of users to the Website, (b) the e-mail addresses of users that communicate with Company or the Website via e-mail, (c) information knowingly provided by the user in online forms, registration forms, surveys, etc. (including name, address, e-mail and other personal profile data), and (d) aggregate and user-specific information on which pages users access.
Use of Personal Data Collected
Company may use the personal data it collects for internal purposes, namely, for solving technical problems, calculating overall usage statistics, for internal marketing and promotional purposes, product development, content improvement, and to contact you and provide you with the information you have requested. Company may also use the information we collect about you or that you provide us, including personal information, to provide you with information or services that you request from us, to fulfill the purpose for which you provide it, to notify you about changes to our Website or any services we offer or provide through it, to allow you to participate in interactive features on our Website, to carry out our obligations arising from any contracts entered into between you and us, including for billing and collection, in any other way we may describe when you provide the information, or for any other purpose with your express, written consent. Company will not disclose to third parties any individually identifying information, such as names, postal and email addresses, telephone numbers, and other personal information which users voluntarily provide to Company, except to the extent necessary to comply with applicable laws or legal processes (e.g., subpoenas), or to otherwise protect the rights or property of Company.
Opt-Out Right
Users may at any time opt out of having their personal information used by Company to send promotional correspondence to the user, by contacting Company by email. If you receive a marketing email from Company, you will be provided with an automated way to opt out (unsubscribe) from that particular communication or from all marketing emails sent by Company. Please follow the instructions on the email you receive.
Accessing and Correcting Your Information
You can review and change your personal information by logging into the Website and visiting your account profile page. You may also send us an email at [email protected] to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Security Measures
Company implements security features in an effort to prevent the unauthorized release of or access to personal information. Please note, however, that Company cannot guarantee the confidentiality of any communication or material transmitted to or from Company via the Website or e-mail. Accordingly, Company is not responsible for the security of information transmitted via the Internet. In addition, whenever you select or receive a login and unique password for use of this Website, you are solely and fully responsible for the security of this information, and for all acts and actions taken regarding them.
Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account and through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.
TERMS OF USE:
These terms of using Title Leap are entered into by and between You and James N. Brown, PA (“Company”, “we”, “us” or “the firm”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of Title Leap including any content, functionality and services offered on or through Title Leap (the “Website”), whether as a guest or a registered user. Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use and Privacy Policy from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use and Privacy Policy means that you accept and agree to the changes. You are expected to check this page whenever you use the Website so you are aware of any changes, as they are binding on you.
No Attorney-Client Relationship Formed
Unless you have engaged the Company (under separate written agreement) to perform legal services on your behalf, neither the Company or Title Leap represents you or is your attorney. Through the Website we may provide confidential information to you through a secured account. All materials on this Website and the secured account are provided by Company for informational purposes only and do not contain legal advice, legal opinions or any other form of advice regarding any specific facts, law, or circumstances. The transmission or receipt of information contained on this site does not form or constitute an attorney-client relationship with Company or any of its attorneys or consultants. Any use of the information contained on this Website or transmittal of information to or from emails on this Website do not constitute a reasonable basis for a belief that use creates an attorney client relationship.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.
Restrictions on Use of Materials
All materials contained on this Website, and all intellectual property rights thereto, including copyrights, trademarks, service marks, trade names and trade dress, are owned by Company or its affiliates. You agree not to copy, reproduce, republish, transmit, modify or distribute any of the materials contained on this Website, except for your personal, noncommercial use, absent the prior written approval of Company.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
Additionally, you agree not to:
Transmission of Information
It is important that no conflict of interest be created between you and any of our current or past clients. Therefore, under no circumstance should you provide us with information pertaining to a matter without first receiving confirmation from us that the appropriate conflict checks have been cleared and that the firm is otherwise able to accept the engagement. If you email or otherwise provide information, materials or documents prior to your receipt of such confirmation and an appropriate engagement, we may not be able to treat that information as privileged, confidential or protected information. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information can be used against you.
Reliance on Information Posted
Although Company makes reasonable efforts to keep material on this Website current, the information contained in this Website is provided only as general information, which may or may not reflect the most recent factual or legal developments. Therefore, you should not act upon any information on this Website without seeking professional counsel. Company makes no warranties, representations or claims of any kind with respect to any of the information on this Website, including without limitation the accuracy, completeness and suitability for any purpose of this information. Under no circumstance shall Company or any of its attorneys, consultants or agents involved in the creation or delivery of the material on this Website be liable to you or anyone else as a result of damages from your access or use of material on this Website.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to Other Sites
This Website occasionally contains links to other websites, or may lead you to other websites that are beyond the control of Company. Company is not responsible for the content of any such sites, makes no representations regarding any such sites, and does not necessarily endorse or approve the information, material, products or services contained on or accessible through any such sites. Your linking to other sites, your use of such sites, and your use of any information, material, products and services offered by such sites, are done solely at your own risk.
Geographic Restrictions
The owner of the Website is based in the state of Florida in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR ANY WEBSITES LINKED TO IT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use.
Governing Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. Any dispute regarding these terms or conditions or use of this Website shall be resolved in the United States District Court for the Southern District of Florida, provided it has subject matter jurisdiction. Otherwise, such disputes shall be decided before the courts of Palm Beach County, Florida. Each party hereby agrees to waive its right to a jury trial in all legal proceedings.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Disclosures and Disclaimers
In some states, this Website may be deemed an advertisement. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide on whether to engage the firm, ask us to send you free, additional written information about our qualifications and experience.
In 20 years of practice, Jim never had an issue come up with the energy brochure provision in the FAR-BAR contract form. Now, suddenly, multiple agents are calling. Understand why and how to prevent this from spoiling your sale on this week"s episode of #TitleTalk.
Additional Resources from Jim:
1. The Energy Brochure PDF
2. Recommended Energy Consultants