Terms of Service

Terms of Service:

The following terms and conditions govern all use of the https://www.criminalattorneylongislandny.com website and all
content,
services and products available at or through the website (taken together, the Website). The Website is owned
and operated by Mirsky Law Firm ("David M. Mirsky"). The Website is
offered subject to your acceptance without modification of all of the terms and conditions contained herein and
all other operating rules, policies (including, without
limitation, David M. Mirsky’s Privacy Policy) and procedures that may be
published from time to time on this Site by David M. Mirsky (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the
web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all
the terms and conditions of this agreement, then you may not access the Website or use any services. If these
terms and conditions are considered an offer by David M. Mirsky, acceptance is expressly limited to
these terms. The Website is available only to individuals who are at least 13 years
old.

1. Your https://www.criminalattorneylongislandny.com Account and Site. If you create a blog/site on the
   Website, you are responsible for maintaining the security of your account and blog, and you are fully
   responsible for all activities that occur under the account and any other actions taken in connection with
   the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner,
   including in a manner intended to trade on the name or reputation of others, and David M. Mirsky may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise
   likely to cause David M. Mirsky liability. You must immediately
   notify David M. Mirsky of any unauthorized uses of your blog, your account or any other breaches
   of security. David M. Mirsky will not be liable for any acts or omissions by You, including any
   damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to
   the Website, post links on the Website, or otherwise make (or allow any third party to make) material
   available by means of the Website (any such material, "Content"), You are entirely responsible for
   the content of, and any harm resulting from, that Content. That is the case regardless of whether the
   Content in question constitutes text, graphics, an audio file, or computer software. By making Content
   available, you represent and warrant that:
   • the downloading, copying and use of the Content will not infringe the proprietary rights, including
     but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
   • if your employer has rights to intellectual property you create, you have either (i) received
     permission from your employer to post or make available the Content, including but not limited to
     any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
   • you have fully complied with any third-party licenses relating to the Content, and have done all
     things necessary to successfully pass through to end users any required terms;
   • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful
     or destructive content;
   • the Content is not spam, is not machine- or randomly-generated, and does not
     contain unethical or unwanted commercial content designed to drive traffic to third party sites or
     boost the search engine rankings of third party sites, or to further unlawful acts (such as
     phishing) or mislead recipients as to the source of the material (such as spoofing);
   • the Content is not pornographic, does not contain threats or incite violence towards individuals or
     entities, and does not violate the privacy or publicity rights of any third party;
   • your blog is not getting advertised via unwanted electronic messages such as spam links on
     newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
   • your blog is not named in a manner that misleads your readers into thinking that you are another
     person or company. For example, your blog’s URL or name is not the name of a person other than
     yourself or company other than your own; and
   • you have, in the case of Content that includes computer code, accurately categorized and/or
     described the type, nature, uses and effects of the materials, whether requested to do so by
     David M. Mirsky or otherwise.

   By submitting Content to David M. Mirsky for inclusion on your Website, you
   grant David M. Mirsky a world-wide, royalty-free, and non-exclusive license to reproduce,
   modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting
   your blog. If you delete Content, David M. Mirsky will use reasonable efforts to remove it
   from the Website, but you acknowledge that caching or references to the Content may not be made
   immediately unavailable.

   Without limiting any of those representations or warranties, David M. Mirsky has the right
   (though not the obligation) to, in David M. Mirsky’s sole discretion (i) refuse or
   remove any content that, in David M. Mirsky’s reasonable opinion, violates
   any David M. Mirsky policy or is in any way harmful or objectionable, or (ii) terminate or
   deny access to and use of the Website to any individual or entity for any reason,
   in David M. Mirsky’s sole discretion. David M. Mirsky will have no
   obligation to provide a refund of any amounts previously paid.

3. Payment and Renewal.
   • General Terms.
     By selecting a product or service, you agree to pay David M. Mirsky the one-time and/or
     monthly or
     annual subscription fees indicated (additional payment terms may be included in other
     communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for
     an Upgrade and will cover the use of that service for a monthly or annual subscription period as
     indicated. Payments are not refundable.
   • Automatic Renewal.
     Unless you notify David M. Mirsky before the end of the applicable subscription period
     that you want
     to cancel a subscription, your subscription will automatically renew and you authorize us to collect
     the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes)
     using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled
     at any time by submitting your request to David M. Mirsky in writing.
4. Services.
   • Fees; Payment. By signing up for a Services account you agree to
     pay David M. Mirsky the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day
     your services are established and in advance of using such services. David M. Mirsky reserves the
     right to change the payment terms and fees
     upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on
     thirty (30) days written notice
     to David M. Mirsky.
   • Support. If your service includes access to priority email support. "Email
     support" means the ability to make requests for technical support assistance by email at any
     time (with reasonable efforts by David M. Mirsky to respond within
     one business day) concerning the use of the VIP Services.
     "Priority"
     means that support takes priority over support for users of the standard or
     free https://www.criminalattorneylongislandny.com services. All support will be provided in accordance
     with David M. Mirsky standard services practices,
     procedures and policies.
5. Responsibility of Website Visitors. David M. Mirsky has not reviewed, and
   cannot review, all
   of the material, including computer software, posted to the Website, and cannot therefore be responsible for
   that material’s content, use or effects. By operating the Website, David M. Mirsky does not
   represent or imply
   that it endorses the material there posted, or that it believes such material to be accurate, useful or
   non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer
   systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may
   contain content that is offensive, indecent, or otherwise objectionable, as well as content containing
   technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that
   violates the privacy or publicity rights, or infringes the intellectual property and other proprietary
   rights, of third parties, or the downloading, copying or use of which is subject to additional terms and
   conditions, stated or unstated. David M. Mirsky disclaims any responsibility for any harm
   resulting from the
   use by visitors of the Website, or from any downloading by those visitors of content there posted.
6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the
   material, including computer software, made available through the websites and webpages to which
   https://www.criminalattorneylongislandny.com links, and that link to https://www.criminalattorneylongislandny.com.
   David M. Mirsky does not have any control over those non-David M. Mirsky websites
   and webpages, and is not responsible for their contents or their use. By linking to a
   non-David M. Mirsky website or webpage, David M. Mirsky does not represent or imply
   that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect
   yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive
   content. David M. Mirsky disclaims any responsibility for any harm resulting from your use of
   non-David M. Mirsky websites and webpages.
7. Copyright Infringement and DMCA Policy. As David M. Mirsky asks others to
   respect its
   intellectual property rights, it respects the intellectual property rights of others. If you believe that
   material located on or linked to by https://www.criminalattorneylongislandny.com violates your copyright, you are
   encouraged to notify David M. Mirsky in accordance with David M. Mirsky’s Digital Millennium Copyright Act ("DMCA") Policy.
   David M. Mirsky will respond to all such notices, including as required or appropriate by
   removing the infringing material or disabling all links to the infringing
   material. David M. Mirsky will terminate a visitor’s access to and use of the Website if, under
   appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other
   intellectual property rights of David M. Mirsky or others. In the case of such
   termination, David M. Mirsky will have no obligation to provide a refund of any amounts
   previously paid to David M. Mirsky.
8. Intellectual Property. This Agreement does not transfer from David M. Mirsky to you any David M. Mirsky or third party intellectual property, and all right, title and
   interest in and to such property will remain (as between the parties) solely
   with David M. Mirsky. David M. Mirsky, https://www.criminalattorneylongislandny.com,
   the https://www.criminalattorneylongislandny.com logo, and all other trademarks, service marks, graphics and logos used
   in connection with https://www.criminalattorneylongislandny.com, or the Website are trademarks or registered trademarks
   of David M. Mirsky or David M. Mirsky’s licensors. Other trademarks, service
   marks, graphics and logos used in connection with the Website may be the trademarks of other third parties.
   Your use of the Website grants you no right or license to reproduce or otherwise use
   any David M. Mirsky or third-party trademarks.
9. Advertisements. David M. Mirsky reserves the right to display advertisements
   on your blog unless you have purchased an ad-free account.
10. Attribution. David M. Mirsky reserves the right to display attribution links
    such as ‘Blog at https://www.criminalattorneylongislandny.com,’ theme author, and font attribution in your blog footer
    or toolbar.
11. Partner Products. By activating a partner product (e.g. theme) from one of our partners,
    you agree to that partner’s terms of service. You can opt out of their terms of service at any time by
    de-activating the partner product.
12. Domain Names. If you are registering a domain name, using or transferring a previously
    registered domain name, you acknowledge and agree that use of the domain name is also subject to the
    policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration
    Rights and Responsibilities.
13. Changes. David M. Mirsky reserves the right, at its sole discretion, to modify
    or replace any
    part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your
    continued use of or access to the Website following the posting of any changes to this Agreement constitutes
    acceptance of those changes. David M. Mirsky may also, in the future, offer new services and/or
    features
    through the Website (including, the release of new tools and resources). Such new features and/or services
    shall be subject to the terms and conditions of this Agreement.
    
14. Termination. David M. Mirsky may terminate your access to all or any part of
    the Website at
    any time, with or without cause, with or without notice, effective immediately. If you wish to terminate
    this Agreement or your https://www.criminalattorneylongislandny.com account (if you have one), you may simply
    discontinue
    using the
    Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be
    terminated by David M. Mirsky if you materially breach this Agreement and fail to cure such
    breach within
    thirty (30) days from David M. Mirsky’s notice to you thereof;
    provided that, David M. Mirsky can terminate the Website immediately as part of a general shut
    down of our
    service. All provisions of this Agreement which by their nature should survive termination shall survive
    termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and
    limitations of liability.
    
15. Disclaimer of Warranties. The Website is provided "as is".
    David M. Mirsky and its suppliers and licensors hereby disclaim all warranties of any kind,
    express or
    implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose
    and non-infringement. Neither David M. Mirsky nor its suppliers and licensors, makes any
    warranty that the
    Website will be error free or that access thereto will be continuous or uninterrupted. You understand that
    you download from, or otherwise obtain content or services through, the Website at your own discretion and
    risk.
16. Limitation of Liability. In no event will David M. Mirsky,
    or its suppliers
    or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence,
    strict liability or other legal or equitable theory for: (i) any special, incidental or consequential
    damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or
    loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you
    to David M. Mirsky under this agreement during
    the twelve (12) month period prior to the cause of
    action. David M. Mirsky shall have no liability for any failure or delay due to matters beyond
    their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
17. General Representation and Warranty. You represent and warrant that (i) your use of the
    Website will be in strict accordance with
    the David M. Mirsky Privacy Policy, with this Agreement
    and with all applicable laws and regulations (including without limitation any local laws or regulations in
    your country, state, city, or other governmental area, regarding online conduct and acceptable content, and
    including all applicable laws regarding the transmission of technical data exported from the United States
    or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the
    intellectual property rights of any third party.
18. Indemnification. You agree to indemnify and hold harmless David M. Mirsky, its
    contractors,
    and its licensors, and their respective directors, officers, employees and agents from and against any and
    all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but
    not limited to your violation of this Agreement.
19. Miscellaneous. This Agreement constitutes the entire agreement
    between David M. Mirsky and
    you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an
    authorized executive of David M. Mirsky, or by the posting by David M. Mirsky of a
    revised version. Except to
    the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website
    will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions,
    and the proper
    venue for any disputes arising out of or relating to any of the same will be the state and federal courts
    located in Nassau County, New York. Except for claims for injunctive or equitable relief or
    claims regarding
    intellectual property rights (which may be brought in any competent court without the posting of a bond),
    any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive
    Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three
    arbitrators appointed in accordance with such Rules. The arbitration shall take place in
    Mineola, New York, in the English language and the arbitral decision may be
    enforced
    in any court.
    The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and
    attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed
    to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A
    waiver by either party of any term or condition of this Agreement or any breach thereof, in any one
    instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights
    under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions;
    David M. Mirsky may assign its rights under this Agreement without condition. This Agreement
    will be binding
    upon and will inure to the benefit of the parties, their successors and permitted assigns.