Terms & Conditions

Thank you for visiting one of the websites of Jimerson Birr, P.A. Our websites provide general information about the legal services that we offer and/or other general information and resources.

All references to “Firm,” “we,” “us,” or “our” refer to Jimerson Birr, P.A.  (which operates as a professional association duly formed by and in accordance with the laws of the State of Florida), and affiliated and related entities. All references to our “websites” refer to this website and our other Firm-owned and/or operated websites that include our Terms of Use and Privacy Policy.

These Terms of Use and our Privacy Policy set forth the conditions under which you may access and use the websites. By accessing and using the websites, you agree to be bound by our Terms of Use and our Privacy Policy then in effect and by all applicable law. If you do not agree with any of the Terms of Use or our Privacy Policy, you should not access or use the websites for any purpose. We reserve the right to terminate or limit your access to the websites for any violation of the Terms of Use or our Privacy Policy, or for any other reason, in our sole discretion.

Legal Notices and Disclaimers

Attorney Advertising

The information contained on this website may be considered attorney advertising in some jurisdictions and are intended to provide information of general interest to the public, not legal advice about specific situations. The hiring of an attorney is an important decision that should not be based solely upon advertising content. This site may contain descriptions of our legal experience and outcomes of certain prior matters. However, each legal matter is composed of unique issues and our descriptions are not intended to promise future results. The outcome of your case may vary from that of any other representation undertaken by the firm, and any discussion of prior results on this website does not guarantee a similar outcome.

No Attorney-Client relationship is created by your use of our websites

No attorney-client relationship between you and the Firm is or may be created by your access to or use of the websites or any information contained on them. The only way to become our client is through a mutual agreement in writing as described below. Further, none of the information on the websites constitutes legal advice, nor does it necessarily reflect the opinions of the Firm, our attorneys or our clients. Any information you submit via the websites will not be considered confidential and may be subject to applicable disclosure and reporting requirements, as required by law.

Please contact us if you would like us to represent you

If you are interested in asking us to represent you, please call us, e-mail us, or otherwise contact us through one of our websites so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. Our websites list the telephone numbers for our office. If you submit information to us by e-mail or otherwise through one of our websites, you acknowledge that it will not be considered to be confidential and consent to our sharing it with other law firms to determine whether we will agree to represent you. In any event, we will not make the determination whether to represent you by e-mail communication or communications through the websites. We reserve the right to decline any representation, and may be required to decline representation if it would create a conflict of interest with our other clients. Please also review our Disclaimers for additional information if you are considering asking us to represent you.

You should not rely solely on the information contained on the websites

The information provided on the websites is general in nature and does not apply to any particular factual, legal, medical, financial, insurance, or other situation. As such, you should not rely on or construe any information on our websites as legal advice, and should seek professional advice as you determine appropriate. Our websites are designed for general information only and should not be construed to be formal legal advice nor the formation of an attorney/client relationship. 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.

All rights are reserved. Any materials that reference legal principles or cite law are designed to provide general information on the topic presented, and are provided with the understanding that the publisher is not engaged in rendering any legal or professional services upon which the reader should rely on as legal advice.

The content provided herein may become outdated or inapplicable. While we hope to avoid having outdated material on our site, we cannot guarantee that everything is updated timely, so users are not encouraged to rely on the timeliness or accuracy of the information on the site. In addition, although we try to provide accurate and complete information, we make no commitment or express or implied warranty that the factual, legal, medical, financial, or any other information contained on our websites, social media channels, or on any linked websites, is accurate, complete, error-free or current. We assume no liability if it is not, and your use of the websites is solely at your own risk. Without limiting the generality of the foregoing, we are not responsible for any content, communications, information, or other materials posted, submitted, communicated, shared, discussed or otherwise generated through blogs, discussion boards, or other public areas of the websites (“User Generated Content”), nor do we guarantee its truthfulness, accuracy or completeness. Any actions you take or do not take based on or related to User Generated Content are solely at your own risk

Although these materials are prepared by professionals, they should not be used as a substitute for professional services. If legal or other professional advice is required, the services of a Jimerson Birr, P.A. professional should be sought.

User Generated Content

Our forums, blogs, social media channels and/or any other public areas of the websites are intended to facilitate open communication and discussion. If you post, submit, share, disseminate or respond to User Generated Content however, you agree that:

• your User Generated Content will not (i) be defamatory, harassing, threatening, obscene, pornographic, or invasive of privacy, (ii) be illegal, encourage illegal activity, violate the rights of others, or otherwise give rise to liability, (iii) be confidential or proprietary, or infringe any third-party intellectual property rights and, (iv) in particular, be copyright protected (unless you have full permission to publish it under the terms hereof from the copyright owner). You are solely responsible for the User Generated Content and your failure to comply with the foregoing.
• we have the right (but assume no obligation) to monitor, delete, move, or edit any User Generated Content that we consider inappropriate or unacceptable for any reason.
• you grant to us, and to each user of the websites, a global, nonexclusive, unlimited license to publish, reproduce, sell, display, perform, disclose, distribute, use, edit or modify the User Generated Content, and any ideas, concepts or techniques embodied in the User Generated Content, for any purpose whatsoever, and you waive any and all moral rights you may have in the foregoing.

Ownership, License & Limitations on use/ Ownership by the Firm

As between you and the Firm, all right, title and interest in the websites (including all copyrights, trademarks and other intellectual property rights) belongs to the Firm or its licensors. In addition, the names, images, pictures, logos, icons and other marks identifying our products and services in many countries are proprietary marks of the Firm and/or our affiliates. Except as expressly provided below, nothing contained herein should be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.

Limited License and Right to Use the Websites and Content

You are hereby granted a nonexclusive, nontransferable, limited license to view and use information from the websites (i) solely for your personal, informational, non-commercial purposes, (ii) on the terms herein, (iii) provided that you do not modify or alter the content in any way, and (iv) provided that you do not delete or change any copyright or trademark notice.

Except as expressly provided herein, no part of the websites, including but not limited to materials retrieved and the underlying code, may be reproduced, republished, copied, transmitted or distributed in any form or by any means. In no event should materials from the websites be stored in any information storage and retrieval system without prior written permission from the Firm.

In addition, you may only use our websites if you agree not to take any action that might (i) interfere with their proper working, (ii) impose an unreasonable or disproportionately large load on their infrastructure, (iii) compromise their security, (iv) render them or their features inaccessible to others, (v) cause other damage to the websites or any content, or (vi) launch any automated system, including without limitation, any “robot,” “spider,” or “offline reader” that sends more requests to their server(s) in a given period of time than a human can reasonably generate using a conventional web browser.

E-Signatures and E-Mail

This policy applies to all e-signatures and e–mails sent by Jimerson Birr, P.A. and are the conditions under which Jimerson Birr, P.A. authorizes Jimerson Birr, P.A. shareholders, employees and agents to use electronic signatures.

E-Signatures

ALL ELECTRONIC COMMUNICATIONS, INCLUDING ANY ELECTRONIC SIGNATURES OR IDENTIFIERS OF THE SENDER, ARE BEING TRANSMITTED SOLELY FOR INFORMATIONAL PURPOSES. BY MAKING THE ELECTRONIC COMMUNICATION, THE SENDER, INCLUDING JIMERSON BIRR, P.A, SPECIFICALLY DOES NOT INTEND TO AGREE, BIND, OR OTHERWISE CONSENT TO ANY MATTER FOR ANY PURPOSE WHATSOEVER, INCLUDING ANY AND ALL CLIENT REPRESENTATIONAL MATTERS, AND DOES NOT INTEND THAT THE ELECTRONIC COMMUNICATION, OR ANY RELATED OR ASSOCIATED ELECTRONIC MEDIA OR DATA, TO CONSTITUTE, OR TO BE DEEMED TO CONSTITUTE, AN ELECTRONIC SIGNATURE PURSUANT TO ANY STATE OR FEDERAL LAW OR REGULATION THAT AUTHORIZES THE USE OF ELECTRONIC SIGNATURES. IT IS THE STATED POLICY OF JIMERSON BIRR, P.A. TO UTILIZE ELECTRONIC SIGNATURES ONLY WHEN ACCOMPANIED BY A STATEMENT AUTHORIZED BY JIMERSON BIRR, P.A. TO THE EFFECT THAT THE SENDER SPECIFICALLY AND INTENTIONALLY INTENDS THAT THE ELECTRONIC SIGNATURE OR OTHER IDENTIFIER OF THE SENDER IS BEING TRANSMITTED AS AN ELECTRONIC SIGNATURE PURSUANT TO FEDERAL OR STATE LAWS OR REGULATIONS THAT AUTHORIZE ELECTRONIC SIGNATURES.

Privileged Communications

E-mails sent by Jimerson Birr, P.A. are intended only for the use of the individual or entity to whom it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, it is hereby notified that any dissemination, distribution or copying of the communication is strictly prohibited. If you receive a communication in error, please notify the sender of the communication immediately.

Web Site Informational Purposes Only

As set forth further above, the materials on our websites have been prepared by Jimerson Birr, P.A. and are for informational purposes only to permit you to learn about Jimerson Birr, P.A. attorneys and the services Jimerson Birr, P.A. offers. The information presented on our websites does not constitute legal advice and should not be used as such. The information on our websites do not substitute for advice from qualified counsel licensed in your state or jurisdiction and should not be relied upon as such.

The information on our websites is not intended to be advertising or solicitation. Jimerson Birr, P.A. has endeavored to comply with all applicable legal and ethical requirements in creating our websites. Jimerson Birr, P.A. does not seek to represent anyone by means of our websites in a state or jurisdiction where our websites may not comply with all legal and ethical requirements of that state or jurisdiction.

Intellectual Property Rights

All materials on our websites, including but not limited to, text, images, designs, photographs, illustrations, and other materials, are protected by intellectual property laws and are the copyrights, trademarks, and other intellectual properties owned, controlled, or licensed by Jimerson Birr. Except as provided herein, none of the materials on our websites may be copied, reproduced, distributed, downloaded, displayed or transmitted in any form or by any means without the prior written consent of Jimerson Birr. However, you may copy, reproduce, distribute, download, display, or transmit materials on our websites for your personal, non-commercial, or temporary use within your organization only, provided you do not modify the materials or create derivative works based on the materials, and provided that you retain all copyright, trademark, and other proprietary notices contained in the materials. Jimerson Birr, P.A. will enforce its intellectual property rights to the full extent of the law.

Other Disclaimers, Limitation of Liability, and Indemnity

“Covered Parties” means the Firm (including affiliated and other related entities), its listees, business partners and other entities participating in the websites, and its and their officers, directors, partners, principals, managers, members, employees, contractors, agents, successors, and assigns.

Other Disclaimers

OUR WEBSITES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS AND THE COVERED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE GENERALITY OF OTHER TERMS HEREIN, THE COVERED PARTIES ALSO DISCLAIM ALL WARRANTIES, RESPONSIBILITY AND LIABILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITES AND THEIR CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) USER GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS THEREIN, (C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN OUR WEBSITES, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS THEREIN, (D) THE UNAVAILABILITY OF THE WEBSITES OR ANY PORTION THEREOF, (E) YOUR USE OF THE WEBSITES, (F) ANY SOFTWARE YOU MAY DOWNLOAD FROM OUR WEBSITES OR THIRD-PARTY WEBSITES, (G) VIRUSES OR OTHER DAMAGING FACTORS, OR (H) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITES.

Limitation of Liability

The Covered Parties are and will not be liable for any damages, including but not limited to any direct, indirect, incidental, special, reliance, or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees, lost profits, savings, or data), in any way due to, resulting from, or arising in connection with the websites, including their content and your use thereof, regardless of any negligence or fault of any of the Covered Parties, and whether or not any of the Covered Parties were apprised of the possibility of such damages. In no event will the aggregate liability of any of Covered Parties related to your use of the websites, User Generated Content or their other content be greater than $100.

Indemnity

You agree to indemnify and hold harmless the Covered Parties from any losses, damages, claims, or liabilities of any nature, including reasonable attorneys fees, arising from your use of the websites, User Generated Content, or their other content, or your breach of the terms hereof. The indemnity does not apply to events arising directly from an attorney-client relationship, if any, that may be entered between you and the Firm on the terms described herein.

Legal and Ethical requirements

It is the Firm’s intention to fully comply with all legal and ethical requirements related to our websites. To the extent that the professional responsibility requirements of any jurisdiction require us to designate a principal office for the websites, the Firm designates its office located at One Independent Drive, Suite 1400, Jacksonville, FL 32202.

Capacity to Accept Terms of Use

In accessing or using our websites, you affirm that you (i) are more than 18 years old, or an emancipated minor, or possess legal parental or guardian consent, (ii) are fully able and competent to understand and enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use and our Privacy Policy, and (iii) agree to comply with these Terms of Use and our Privacy Policy. In any case, you acknowledge that the websites are not intended for children under the age of 13, and affirm that you are more than 13 years old. Please do not use the websites if you are under the age of 13, and talk to your parents or guardian about which websites you can visit.

Entire Agreement; Severability; No Waiver

These Terms of Use incorporate by reference any notices contained on the websites and, with our Privacy Policy and any end-user license agreements, constitute the entire agreement regarding your access to and use of the websites. If any provision of these Terms of Use or our Privacy Policy is unlawful, void or unenforceable, that provision will be severable from the remaining provisions and will not affect their validity and enforceability. The Firm’s failure to enforce any provision on any occasion is not and should not be construed as a waiver of such provision.

Governing Law; Jurisdiction

The Terms of Use and our Privacy Policy are to be governed by and construed in accord with the laws of the state of Florida, USA, without regard to choice of law principles, and U.S. federal and state courts located in Duval County, Florida, USA, are the exclusive forum and have sole jurisdiction for any dispute.

Material available on the Firm’s websites is protected by copyright law. Copyright ©2012-Present.

Effective date: July 1, 2012.