Terms & Conditions

Effective date: July 1, 2012

1. Acceptance of These Terms of Use

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.

2. Legal Notices and Disclaimers

2.1 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.

2.2 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.

2.3 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.

2.4 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.

3. 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.

4. Ownership, License & Limitations on Use

4.1 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.

4.2 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.

4.3 Restrictions on Reproduction

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.

4.4 Acceptable Use

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.

5. 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.

5.1 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.

5.2 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.

6. Communications With the Firm; Consent to Calls, Texts, and Other Communications

6.1 Consent to Communications

By providing your phone number and affirmatively opting in, including but not limited to through a form on this website, you expressly acknowledge and agree that you are providing Jimerson Birr, P.A. (“Firm,” “we,” “us”) with your prior express written consent, for purposes of the federal Telephone Consumer Protection Act, 47 U.S.C. § 227, and its implementing regulations (collectively, the “TCPA”), and any analogous federal or state law, to receive telephone calls, text messages, multimedia messages, and other communications from the Firm and its agents, service providers, affiliates, successors, and assigns, at the telephone number(s) and email address(es) you provide, for marketing, informational, transactional, and relationship-management purposes, including to follow up on your inquiry and to describe the Firm’s services.

6.2 Covered Technologies

You expressly acknowledge and agree that the consent described above extends to communications sent or placed using any of the following technologies, whether now existing or hereafter developed:

• live agent calls and text messages;
• an automatic telephone dialing system, automated dialing system, or automated dialer (whether or not such a system constitutes an “ATDS” under the TCPA);
• an artificial or prerecorded voice;
• ringless voicemail or direct-to-voicemail drops;
• short message service (SMS) and multimedia messaging service (MMS);
• email; and
• artificial-intelligence-generated, artificial-intelligence-assisted, or artificial-intelligence-driven voice or text communications, including communications generated or placed by conversational AI, voice-cloning technology, or similar systems.

6.3 No Condition of Purchase; Message Frequency; Message and Data Rates

You acknowledge that your consent is not a condition of the purchase of any goods or services and that message and data rates may apply. Message frequency varies. Message and data rates may apply depending on your mobile carrier and plan. Your carrier is not liable for delayed or undelivered messages.

6.4 Your Representations and Warranties

Moreover, by submitting any form, making any call, or otherwise providing any contact information to the Firm, you represent and warrant that:

• all contact information you provide is accurate, complete, current, and truthful;
• you are the subscriber or customary user of any telephone number you provide, and you are authorized to provide that number and to grant consent to be contacted at that number;
• no telephone number you provide is a VoIP line (including, without limitation, Google Voice or any similar service), a line associated with a number-masking, number-spoofing, or number-harvesting service, or any other line that is not your primary personal or business line, unless you affirmatively disclose that fact to the Firm at the time of submission;
• any time-zone, location, or residency information you provide is accurate and reflects your actual, primary local time zone and place of residence; and, if you do not affirmatively provide a time zone, you authorize the Firm to determine your applicable time zone by reference to the area code of any telephone number you provide, the billing or mailing address you provide, or other information reasonably available to the Firm;
• you have not submitted, and will not submit, any false, misleading, or fraudulent information to the Firm; and
• you will promptly update your contact information, including your primary time zone and residence, if it changes.

6.5 Reliance on Information You Provide; Bar on Claims

You expressly acknowledge and agree that the Firm is entitled to rely exclusively on the information you provide for purposes of complying with any applicable federal or state law, including any federal or state telemarketing “quiet hours” restriction or calling-time restriction. You further agree that if any of the foregoing representations and warranties is inaccurate, incomplete, or untruthful in any material respect, you are barred from asserting any claim against the Firm that is predicated, in whole or in part, on that inaccuracy, incompleteness, or untruthfulness, and the Firm may assert this provision as an affirmative defense to any such claim.

6.6 Revocation of Consent

Furthermore, you may revoke your consent to receive marketing communications at any time. To revoke consent, you must use the method specified below for the applicable communication channel:

• Text Messages. Reply “STOP” to any text message you receive from the Firm. You may also reply “HELP” for help, or contact us at 904-389-0050 or the email address listed on our website.
• Email. Click the “unsubscribe” link contained in any marketing email you receive from the Firm, or follow any other unsubscribe instructions provided in that email.
• Telephone Calls. Contact us at 904-389-0050 or the email address listed on our website to provide notice of your request to be placed on the Firm’s internal Do Not Call list.

6.7 Effect of Revocation

Revocation of consent is effective only when delivered through the methods described above and is effective only prospectively. Revocation of consent with respect to one communication channel does not revoke consent with respect to any other channel. Notwithstanding any revocation, the Firm may continue to send you transactional, relationship, and legally required communications, including communications related to any existing advisory relationship.

6.8 Internal Do Not Call Requests; Stipulated Processing Period

Finally, you and the Firm stipulate and agree that, with respect to any request by you to be placed on the Firm’s internal Do Not Call list for telephone calls (submitted in accordance with the “Telephone Calls” method described in Section 6.6), a period of fifteen (15) days after the Firm’s actual receipt of that request is a reasonable time for the Firm to process the request and to cease placing marketing telephone calls to the telephone number(s) identified in the request (the “Stipulated Processing Period”). You further stipulate and agree that any marketing telephone call placed to you during the Stipulated Processing Period, that is, after the Firm’s actual receipt of your internal Do Not Call request but before the expiration of the Stipulated Processing Period, does not constitute an unreasonable delay in processing and does not give rise to any claim under the TCPA, 47 C.F.R. § 64.1200(d), or any analogous federal or state law or regulation, provided that the Firm ceases marketing telephone calls to the identified telephone number(s) no later than the expiration of the Stipulated Processing Period.

6.9 Additional Text Message Program Terms

We will not sell, rent, or share your mobile opt-in information or consent with third parties for their own marketing purposes. See our Privacy Policy for details on how we handle your information. You are responsible for notifying us if you change or deactivate the mobile number you provided. We may modify or terminate our text messaging program, or these terms, at any time without notice. Text messaging is intended for individuals who are at least 18 years old.

7. 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.

8. 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.

9. Binding Arbitration, Class-Action Waiver, and Jury-Trial Waiver

PLEASE READ THIS SECTION 9 CAREFULLY. IT REQUIRES YOU AND THE FIRM TO RESOLVE DISPUTES THROUGH BINDING, INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE FIRM.

9.1 Agreement to Arbitrate

Except as provided in Section 9.3, you and the Firm agree that any dispute, claim, controversy, or disagreement (each, a “Dispute”) arising from or relating to these Terms of Use, the websites, any communication sent or placed by or to the Firm (including any telephone call, text message, prerecorded or artificial-voice message, ringless voicemail, AI-generated or AI-assisted communication, or other communication covered by Section 6), or the relationship between you and the Firm arising from any of the foregoing, whether sounding in contract, tort, statute, regulation, or any other legal theory, and whether arising before, on, or after the Last Updated date of these Terms of Use, shall be resolved exclusively by binding, individual arbitration administered as provided in this Section 9.

9.2 Claims Expressly Covered

Without limiting the generality of Section 9.1, you and the Firm expressly agree that the following categories of Disputes are among those subject to arbitration under this Section 9:

• Disputes arising from or relating to any telephone call, text message, MMS message, prerecorded or artificial-voice message, ringless voicemail, email, or AI-generated or AI-assisted communication sent or placed by the Firm or its agents, affiliates, service providers, successors, or assigns;
• Disputes arising from or relating to any alleged violation of the TCPA or any analogous federal or state statute, regulation, or common-law theory, including, without limitation, any state telemarketing law, mini-TCPA statute, do-not-call statute, or consumer-protection statute;
• Disputes arising from or relating to the Firm’s alleged use of an automatic telephone dialing system, automated dialer, artificial or prerecorded voice, ringless voicemail technology, or AI-driven calling or messaging technology;
• Disputes arising from or relating to your provision of, or the Firm’s reliance on, any contact information or consent provided through the websites or any third-party website, application, or platform (each, a “Third-Party Platform”); and
• Disputes arising from or relating to the Firm’s marketing, advertising, or promotional activities on any Third-Party Platform.

9.3 Delegation; Gateway Questions

Subject only to the two exceptions stated in this Section 9.4, the arbitrator — and not any court — shall have exclusive authority to resolve any question concerning the interpretation, enforceability, revocability, scope, or validity of this Section 9, including any question whether a particular Dispute is subject to arbitration. The two exceptions are: (a) a court of competent jurisdiction (and not the arbitrator) shall decide, as a threshold matter, whether a Dispute is an Advisory Dispute excluded from arbitration under Section 9.3, in order to preserve the carve-out for the advisory relationship; and (b) a court of competent jurisdiction (and not the arbitrator) shall decide any question concerning the interpretation, enforceability, or scope of the class-action and representative-action waiver in Section 9.5.

9.4 Class-Action, Representative-Action, and Mass-Action Waiver

YOU AND THE FIRM AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, AND MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF A COURT OF COMPETENT JURISDICTION DETERMINES, BY A FINAL DECISION NOT SUBJECT TO ANY FURTHER APPEAL OR RECOURSE, THAT THE WAIVER SET FORTH IN THIS SECTION 9.5 IS UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF, THEN THAT SPECIFIC CLAIM OR REQUEST FOR RELIEF (AND ONLY THAT SPECIFIC CLAIM OR REQUEST FOR RELIEF) SHALL BE SEVERED FROM THE ARBITRATION AND SHALL PROCEED IN THE COURTS IDENTIFIED IN SECTION 14, AND THE REMAINDER OF THIS SECTION 9 SHALL REMAIN IN FULL FORCE AND EFFECT.

9.5 Jury-Trial Waiver

YOU AND THE FIRM EACH KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY CONSTITUTIONAL, STATUTORY, OR OTHER RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY DISPUTE GOVERNED BY THIS SECTION 9, WHETHER ARBITRATED OR LITIGATED.

9.6 Informal Dispute Resolution

Before commencing any arbitration or small-claims action, the party initiating a Dispute must first send the other party a written notice of the Dispute (a “Notice of Dispute”) by regular mail to the address in Section 15 (if to the Firm) or to your last-known address on file with the Firm (if to you). The Notice of Dispute must include (a) the claimant’s name, mailing address, telephone number, and email address; (b) the name, mailing address, telephone number, and email address of the claimant’s counsel, if any; (c) a description of the Dispute; and (d) the relief sought. After receipt of the Notice of Dispute, the parties shall meet and confer, by telephone or videoconference, in a good-faith effort to resolve the Dispute informally (the “Informal Dispute Resolution Conference”). The Informal Dispute Resolution Conference shall occur within forty-five (45) days after receipt of the Notice of Dispute, unless an extension is mutually agreed to by the parties. The claimant must personally participate in the conference; the claimant’s counsel may also participate. The Informal Dispute Resolution Conference must be conducted on an individualized basis; multiple claimants may not participate in a single conference absent all parties’ agreement. Completion of the Informal Dispute Resolution Conference is a condition precedent to commencing arbitration. All applicable statutes of limitations and filing-fee deadlines shall be tolled during the Informal Dispute Resolution Conference process.

9.7 Arbitration Procedures

You and the Firm agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Section 9. If the Informal Dispute Resolution Conference does not resolve the Dispute within sixty (60) days after the Firm’s receipt of the Notice of Dispute (or, if the Firm is the claimant, within sixty (60) days after your receipt of the Notice of Dispute), either party may commence arbitration. The arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to the AAA’s then-current rules applicable to the Dispute: Disputes subject to the AAA’s Consumer Arbitration Rules and Mediation Procedures shall be governed by those rules; all other Disputes shall be governed by the AAA’s Commercial Arbitration Rules and Mediation Procedures, including, where applicable, the Expedited Procedures thereunder. Any arbitration of a Dispute shall also be subject to the AAA Consumer Due Process Protocol, where applicable. If the AAA is unavailable to administer the arbitration, the parties shall select an alternative nationally recognized arbitration provider. The arbitration shall be conducted in the county where you reside, or, at your election, remotely by telephone or videoconference. The arbitrator’s award shall be in writing, shall state the essential findings and conclusions on which the award is based, and shall be final and binding, subject only to the limited review available under the Federal Arbitration Act. Judgment on the award may be entered in any court of competent jurisdiction.

9.8 Mass Arbitration

If twenty-five (25) or more substantially similar Notices of Dispute or Demands for Arbitration are filed against the Firm by or with the assistance of the same counsel, law firm, or organization (or affiliated or coordinated counsel, law firms, or organizations) within a thirty (30)-day period, or if the Disputes otherwise constitute a mass arbitration under the AAA’s then-current Mass Arbitration Supplementary Rules, the parties agree that the Disputes shall be administered in accordance with the AAA’s Mass Arbitration Supplementary Rules and the applicable AAA mass arbitration fee schedule, in each case as then in effect, which shall supplement (and not replace) the rules identified in Section 9.8. Without limiting the foregoing, the parties agree that (a) a Process Arbitrator appointed pursuant to the Mass Arbitration Supplementary Rules shall have the authority to resolve administrative and procedural disputes as provided in those rules, and the Firm shall pay the fees of the Process Arbitrator to the extent required by the applicable AAA fee schedule; and (b) the parties shall participate in good faith in any global mediation process required or offered under those rules. Disputes are “substantially similar” for purposes of this Section 9.9 if they arise from or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. If this Section 9.9 is held to be unenforceable as to any Disputes, individual arbitration under the remaining provisions of this Section 9 shall remain the exclusive method of resolving those Disputes, and the class-action and representative-action waiver in Section 9.5 shall remain in full force and effect.

9.9 Fees

Each party shall bear its own attorneys’ fees and costs in arbitration, except that (a) the arbitrator may award attorneys’ fees and costs as permitted by applicable law or by these Terms of Use, and (b) the arbitrator may award attorneys’ fees and costs to the prevailing party if the arbitrator finds that the substance of the non-prevailing party’s claim or the relief it sought was frivolous or was brought for an improper purpose, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b). Each party’s responsibility for AAA filing, administrative, and arbitrator fees shall be as set forth in the applicable AAA rules and fee schedules, including the fee schedule to the AAA Consumer Arbitration Rules and Mediation Procedures and, where applicable, the AAA mass arbitration fee schedules, consistent with the AAA Consumer Due Process Protocol.

9.10 30-Day Right to Opt Out

You have the right to opt out of this Section 9 by sending written notice of your decision to opt out to the Firm at the address in Section 15 within thirty (30) days after the date you first become subject to these Terms of Use. Your opt-out notice must include your full name, mailing address, email address (if any), the telephone number(s) you have provided to the Firm (if any), and an unequivocal statement that you want to opt out of this Section 9. Opting out of this Section 9 has no effect on any other arbitration agreement between you and the Firm, or on any other provision of these Terms of Use, which shall remain in full force and effect. If you opt out, any Dispute between you and the Firm that is not otherwise covered by an arbitration agreement shall be resolved in the courts identified in Section 14.

9.11 Severability; Survival

If any portion of this Section 9 is found to be unenforceable (other than the class-action and representative-action waiver in Section 9.5, which is governed by the severability rule stated in that provision), that portion shall be severed and the remainder of this Section 9 shall remain in full force and effect. This Section 9 shall survive termination of your access to or use of the websites and termination of any other relationship between you and the Firm.

9.12 Modification

If the Firm makes any material change to this Section 9, the change shall not apply to any Dispute of which the Firm had actual notice on the date of the change. For all other Disputes, the change shall become effective thirty (30) days after the Firm posts the revised Section 9 on the websites, and your continued access to or use of the websites after that date constitutes your acceptance of the revised Section 9. Changes to this Section 9 do not provide a new opportunity to opt out if you previously accepted a version of these Terms of Use and did not validly opt out.

10. Other Disclaimers, Limitation of Liability, and Indemnity

10.1 Covered Parties

“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.

10.2 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.

10.3 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.

10.4 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.

11. 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.

12. 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.

13. 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.

14. 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, subject to Section 9, U.S. federal and state courts located in Duval County, Florida, USA, are the exclusive forum and have sole jurisdiction for any dispute.

15. Notices; Contact Information

Except as otherwise expressly provided in these Terms of Use (including Section 6.6), all notices to the Firm — including any Notice of Dispute or arbitration opt-out notice under Section 9 — must be sent by regular mail to: Jimerson Birr, P.A., One Independent Drive, Suite 1400, Jacksonville, FL 32202. You may also contact us at 904-389-0050 or through the contact information listed on the websites.

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

Effective date: July 1, 2012.