By accessing, browsing, or otherwise using the Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. (“Firm”) website (”Site”), you: (a) accept without limitation or qualification the Site’s Terms of Use as set out below, and (b) acknowledge you have had an opportunity to review our Privacy Statement, a copy of which is linked on our Site, and you fully consent to each of our practices as set out in the Privacy Statement. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, OR IF YOU DO NOT CONSENT TO THE PRACTICES DESCRIBED IN OUR PRIVACY STATEMENT, PLEASE DO NOT ACCESS OR CONTINUE TO USE OUR SITE.
The Site is intended to provide information about the Firm and topics we believe to be of current interest to clients, potential clients, lawyers in other firms or governmental agencies, law students, job candidates, and others. The information on the Site may not constitute the most current or complete information with respect to legal topics or developments.
The Site does not provide and should not be construed as providing legal advice. You should not take or refrain from taking any action based on information on this Site. Seek legal advice from competent counsel in the relevant jurisdiction.
Neither our presentation of information on the Site, nor your receipt of information from the Site, nor your communications with us through the Site, nor any combination thereof create a lawyer-client or other confidential or fiduciary relationship between you and the Firm or any of its lawyers.
All of our offices are in Florida. The Site contains information on the jurisdictions in which each of the Firm’s lawyers is admitted to practice. None of the Firm’s lawyers intends to practice law in any jurisdiction in which he or she is not licensed.
The Firm retains complete discretion to approve, disapprove, post, delete, or verify comments posted through the Site on our blogs, feeds, or newsletters, and to bar anyone from accessing or posting on our blogs, feeds, or newsletters.
Agreement to Arbitrate all Disputes; Class Action and Jury Waiver.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND THE FIRM TO RESOLVE CERTAIN DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, IT LIMITS THE PARTIES’ RIGHTS TO SEEK RELIEF IN COURT, AND IT WAIVES THE RIGHT TO JURY TRIAL AND THE RIGHT TO JOIN WITH OTHERS IN A LAWSUIT.
This section sets out our agreement for resolving all disputes relating to your use of the Site, including but not limited to our collection, use, and sharing of data on and from the Site. Other than a claim filed in a court that is limited to adjudicating small claims, in the event of any dispute of any nature whatsoever relating to your use of our website, past, present or future, in law or in equity, including the determination of the scope or applicability of this agreement to arbitrate, you and the Firm agree and consent to binding arbitration at JAMS for all such disputes on an individual (not class) basis before a single arbitrator under the applicable JAMS Arbitration Rules and Procedures in effect at the time of the filing, rather than litigating the dispute in court. You may obtain a copy of the applicable JAMS rules at www.jamsadr.com. If JAMS is unavailable or unwilling to administer arbitration consistent with this section, another arbitration provider shall be selected by the parties that will administer the arbitration consistent with it. If the parties cannot agree on a provider, one shall be selected by a court that will administer the arbitration consistent with this section.
You and the Firm also agree that: (a) by their dealings the parties’ conduct is in and affecting interstate commerce; and (b) the Federal Arbitration Act (FAA) applies and governs this agreement. To the extent state law is applicable under the FAA, the law of the state of Florida shall apply, without regard to its choice of law provisions. The arbitrator shall have exclusive authority to determine the scope, validity, and enforceability of this arbitration agreement.
If the arbitration takes place in-person, it shall be held in the City of Miami. If you commence an arbitration action against the Firm, you must provide notice to the Firm at:
Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.
150 W Flagler St., Suite 2200
Miami, FL 33130
Attn: Julie Fishman Berkowitz, General Counsel
If the Firm commences an arbitration action against you it will send the notice to your last address of record with the Firm.
By agreeing to arbitration, the parties are giving up the right to a trial in court and the right to a jury, and there is more limited discovery than might otherwise be available in court. In addition, you and Firm agree not to participate in a class action, a class-wide arbitration, claims brought in a representative capacity, or consolidated claims if the other party hereto is a party to the proceeding.
As used herein, Firm means and includes Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., and its past, present, and future officers, directors, employees, agents, representatives, contractors, parent, subsidiaries, affiliates, successors, and assigns. In addition, the following persons or entities are intended third-party beneficiaries of this dispute resolution section and may enforce the terms of this section as if they were direct parties: (a) contractors who provided website, internet, or any other marketing services to Firm; (b) companies with which Firm shares data regarding your use of Firm’s websites, including by way of illustration and not limitation, website analytics companies.
Under no circumstances will the Firm be liable for any direct, indirect, consequential, special, or punitive damages, including lost profits, that arise out of or are related to your use of the Site. You agree to defend, indemnify, and hold the Firm harmless from any liability to third parties arising from or related to your use of the Site, or your breach of these Terms of Use.
We retain the right to modify these Terms of Use, and any modification will take effect immediately upon the Firm posting the updated Terms of Use, and the earlier of your subsequent access to the Site or your receipt of notification of change.