Last Updated 04 March 2019
BY ACCESSING AND USING THIS WEBSITE (THE "WEBSITE"), YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE, INCLUDING ALL AMENDMENTS MADE AFTER MARCH 2019. THEREFORE, YOU SHOULD READ THESE TERMS OF SERVICE FROM TIME TO TIME. IF ANY OF THESE TERMS OF SERVICE IS UNACCEPTABLE TO YOU, YOU MAY NOT ACCESS OR USE THIS WEBSITE.
Visiting or use of any part of the Website does not create an attorney-client relationship. Contacting ZEMSKY LAW, PLLC (the "Firm") via email, phone, or other communications means provided on the Website does not in itself create an attorney-client relationship.
This Website is intended to provide background information about ZEMSKY LAW, PLLC (the "Firm") and/or the services it can provide. It is NOT intended to provide legal advice. Do not take or refrain from taking any action based on this Website without consulting legal counsel.
Under the New York Rules of Professional Conduct this Website may constitute Attorney Advertising. Please note that any prior results described on the Website do not guarantee a similar outcome in future cases.
ZEMSKY LAW (whether registered or unregistered) (the “Mark”) is a proprietary mark protected by applicable trademark laws. Nothing contained in this Website should be construed as granting any license or right to use to the Mark in any form displayed here without the express written permission of the Firm. Any unauthorized use of the Mark is strictly prohibited.
This Website may link to other websites, including without limitation social media platforms, news platforms, and sites hosting court documents, which other websites may be operated by third parties and/or have content provided by third parties (collectively, "Third-Party Websites"). Such Third-Party Websites may link to this Website. The Firm has no control over any Third-Party Websites or their content and will have no liability arising out of or related to such websites or their respective content. The existence of any links to Third-Party Websites does not constitute an endorsement of such websites, the content of the websites, or the operators of the websites.
This Website may use cookies and other tracking technologies to analyze use of this Website. Cookies are small data files that are created when a user visits a website. They collect Internet log information and user behavior (like preferences or other settings), which can help websites run more efficiently. By using this Website you agree that the Firm may use cookies and/or other tracking technologies to collect information about your use of this Website. Information collected through cookies or other tracking technologies may be collected by or transmitted to a third party analytics provider for use only by the Firm.
The Administrator may collect personal information from visitors to this Website.
This information may include certain information that is automatically collected by our systems and/or analytics systems provider when visiting this Website, including the type of software used to access the site (browser, operating system), the address of the external or internal page that referred the visitor, and the visitor’s IP address and/or domain name.
This Website may permit you to contact us via email or via an online contact form. Whenever you send an email via an email link or through a contact form on the Website, you may be providing us with your name, email address, and any information you choose to include in the text of your message. For example, you may choose to provide your mailing address or other information necessary or helpful for us to address your query or other concern. The Website may store any information that you submit. The Firm does not have a duty of confidentiality regarding any such submission of information to it.
This privacy policy only covers this Website. Websites linked to and/or from this Website are not covered by this policy.
The Administratory reserves the right to change this privacy policy to meet the changing needs of the Website.
THE FIRM PROVIDES THIS WEBSITE "AS IS" AN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF ACCURACY OF INFORMATIONAL CONTENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FIRM EXPRESSLY DISCLAIMS ANY LIABILITY, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR CONNECTED IN ANY WAY TO THE WEBSITE OR FOR ANY ACTION OR INACTION BASED ON INFORMATION CONTAINED ON THE WEBSITE.
If any provision in these Terms of Service is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. These Terms of Service, your rights and obligations, and all actions contemplated by this agreement shall be governed by the laws of the State of New York, as if these Terms are a contract wholly entered into and wholly performed within the State of New York. These Terms of Service constitute the entire agreement between you and the Firm relating to the Website, and they supersede any and all other agreements, oral or in writing, with respect to the Website. The failure of the Firm to insist upon strict compliance with any term or provision shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision.
Any controversy, claim, or dispute arising out of or relating to these Terms of Service or the breach thereof shall be settled solely and exclusively by binding arbitration held in New York, New York and administered by JAMS. Such arbitration shall be conducted in accordance with the then prevailing JAMS Streamlined Arbitration Rules & Procedures, with the following exceptions to such rules if in conflict:
1. one arbitrator shall be chosen by JAMS;
2. each party to the arbitration will pay an equal share of the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the arbitrator; and
3. arbitration may proceed in the absence of any party if written notice (pursuant to the JAMS’ rules and regulations) of the proceedings has been given to such party. Each party shall bear its own attorney’s fees, costs, and expenses. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive. All such controversies, claims, or disputes shall be settled in this manner in lieu of any action at law or equity; provided, however, that nothing in this subsection shall be construed as precluding the bringing of an action for injunctive relief as in the preceding paragraph of this section. IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE OR IF THE PARTIES ARE SEEKING INJUNCTIVE OR EQUITABLE RELIEF AS PROVIDED ABOVE, THEN EACH PARTY,
1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO, AND
2. SUBMITS TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE FEDERAL OR STATE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK AND EACH PARTY HERETO AGREES NOT TO INSTITUTE ANY SUCH ACTION OR PROCEEDING IN ANY OTHER COURT IN ANY OTHER JURISDICTION.
Each party irrevocably and unconditionally waives any objection that it may now or hereafter have to the laying of venue of any action or proceeding arising out of or relating to these Terms of Service in the courts referred to in this section.
If you have any questions or would like more information about ZEMSKY LAW, PLLC, please feel free to contact us at [email protected].