Last Updated April 2024
Our website available at www.pintasmullinspr.com (the “Website“) is provided to you by Pintas & Mullins Law Firm PR (“P&M PR,” “we,” “us” or “our“).
To assist you in using our Website, and to explain the relationship arising from your use of our Website and the information and services offered through it (collectively, “Site Services“), we have created (i) these Terms of Use (the “Terms of Use” or “Terms“), and (ii) a Privacy Policy. Our Privacy Policy explains how we treat certain information that we have about you, including Personal Information (as defined in the Privacy Policy), and our Terms govern your use of our Website and participation in our Site Services.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU USE OUR WEBSITE. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE OUR WEBSITE.
These Terms contain a binding arbitration agreement, which provides that you and we agree to resolve certain disputes through binding individual arbitration and give up any right to have those disputes decided by a judge or a jury. / You have the right to opt out of our agreement to arbitrate. See the Legal Disputes section of this Agreement. In the Absence of a timely opt out our arbitration agreement, use of the website shall constitute acceptance of binding arbitrations herein set forth below.
1. Scope of these Terms. Our Terms apply to any visitor to the Website (collectively, “you“), including persons identified in Section 1.1 (Application of this Privacy Policy) of our Privacy Policy. These Terms only apply to your use of the Website and receipt of Site Services through the Website.
2. Your Agreement. These Terms govern your use of the Website. Please read these Terms carefully as they impose legal obligations on you and us. By accessing and using our Website, you acknowledge and agree to be legally bound by these Terms. In addition, for certain activities on the Website, we may further confirm your consent by asking you to click an “I accept” or similar button. If you do not agree with these Terms, please refrain from using our Website.
3. Grant of Rights to Users. Based on your agreement to comply with these Terms, we grant you the right to access and use all publicly available areas of our Website, Website Content (as defined below), and Site Services in order to: (i) learn more about P&M PR and our services; (ii) provide information to us through our Website; (iii) download and print pages on our Website; and (iv) access Site Services available through the Website (collectively, the “General Permitted Purposes“). We strictly prohibit use of the Website, Website Content, and Site Services for any purpose other than the General Permitted Purposes.
4. P&M PR Ownership; Reservation of Rights. All information, articles, resources, software, artwork, trademarks, text, video, audio, pictures, logos, and other content on the Website or embodied in our Site Services, including all associated intellectual property rights (collectively, the “Website Content“), are the property of P&M PR and its licensors, are protected by U.S. and international copyright and other intellectual property laws, or are used under principles of fair use. P&M PR and its licensors retain all rights with respect to the Website, Website Content, and Site Services except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the Website Content or Site Services unless specifically authorized in writing to do so by P&M PR. The term “Website Content” expressly excludes Submitted Content.
5. Submitted Content. The term “Submitted Content” means information that you submit to our Website or otherwise make available to us, including, but not limited to: (i) feedback, comments, and suggestions you provide to us; (ii) questions or comments that you provide to us; (iii) images and audiovisual files that you provide to us; (iv) your essay and other materials you may submit to us in connection with your application to our scholarship program; and (v) any other information or materials you provide to us or post directly or indirectly on our Website.
Grant of Rights in Submitted Content. By providing Submitted Content, and subject to your rights in Personal Information set out in our Privacy Policy, you authorize us to copy, modify, display, distribute, perform, use, and otherwise exercise applicable rights in the Submitted Content without compensation to you and for so long as we deem warranted (collectively, the “Use Rights“). In addition, you authorize us to permit third parties to exercise these Use Rights as necessary. By way of example, the Use Rights include the right for us to publish Submitted Content on our Website in whole or in part, and whether cropped, adopted, altered, or otherwise manipulated, for as long as we choose.
Requisite Permission for Providing Submitted Content. By providing Submitted Content, you represent and warrant that you own such Submitted Content (including any copyright and other intellectual property rights therein), or that you have obtained sufficient authority and right in and to the Submitted Content in order to provide the Use Rights.
Submitted Content Containing Personal Information. If you provide Submitted Content to the Website that includes Personal Information (as this term is defined in our Privacy Policy), we will treat such Submitted Content in accordance with our Privacy Policy.
Right to Decline Submitted Content. We expressly reserve the right to refuse to use (or to disable or remove) Submitted Content for any reason, including, but not limited to, if we conclude, in our sole discretion, that the Submitted Content violates these Terms or our Privacy Policy, or is incompatible with the purposes of our Website or operations.
6. Code of Conduct; Revocation or Suspension of Use Privileges. By using our Website, you agree to comply with these Terms, and to follow our code of conduct (the “Code of Conduct“), which is set out below. Under this Code of Conduct, you shall not:
A. Use the Website or Site Services for purposes that are unlawful, obscene, harmful, hateful, invasive of the privacy of others, objectionable, or otherwise prohibited by these Terms.
B. Use the Website in a manner that could disable, overburden, or impair the Website or Site Services or interfere with another party’s use and enjoyment of the Website and Site Services, such as through sending “spam.”
C. Seek to obtain access to any Site Services, Website Content, materials, accounts, or information through hacking, data harvesting, data mining, or through other means we have not intentionally made available to you through the Website or Site Services.
D. Infringe P&M’s PR’s or any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.
We reserve the right at any time to terminate or suspend your use of some or all of the Website if you engage in activities that we conclude, in our sole discretion, breach our Code of Conduct or otherwise violate these Terms or our Privacy Policy.
7. Links to Third Party Websites. Our Website may contain links or references to other websites. We have no control over these other sites or their content and do not assume responsibility or liability for any content, opinions, or material available on them. We do not endorse the content of any third-party site, nor do we warrant that a third-party site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. If you link to any third-party site through the Website, Website Content, or Site Services, please be aware that you are doing so at your own risk. We encourage you to review any third-party website’s terms of use and privacy policy as those, and not our Terms and Privacy Policy, are applicable to your use of their site and any information that they collect.
8. Warranty Disclaimer. SUBJECT TO SECTION 21 (RELATIONSHIP TO ENGAGEMENT LETTER), P&M PR DOES NOT PROMISE THAT THE WEBSITE OR SITE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR WITHOUT INACCURACIES. THE WEBSITE, WEBSITE CONTENT, AND SITE SERVICES ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEN YOU ACCESS THE WEBSITE OR WEBSITE CONTENT, OR USE THE SITE SERVICES, YOU DO SO AT YOUR OWN RISK. P&M PR DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES OR INACCURACIES.
SUBJECT TO SECTION 21 (RELATIONSHIP TO ENGAGEMENT LETTER), P&M PR DISCLAIMS: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE OR SITE SERVICES; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, SITE SERVICES, AND WEBSITE CONTENT IS AT YOUR SOLE RISK.
9. Limitation of Liability. SUBJECT TO SECTION 21 (RELATIONSHIP TO ENGAGEMENT LETTER), UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL P&M PR BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF, OR ARE RELATED TO, YOUR USE OF THE WEBSITE, WEBSITE CONTENT, OR WEBSITE SITE SERVICES. IN NO EVENT SHALL P&M PR’S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE WEBSITE, WEBSITE CONTENT, OR SITE SERVICES RECEIVED FROM P&M PR EXCEED U.S. $100.00.
10. Indemnity. You agree to defend, indemnify, and hold P&M PR and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms or a claim that Submitted Content or other material that you provide to us violates rights held by a third party.
11. Contact for Alleged Copyright Infringement. We respect the intellectual property rights of others and require that our users do the same. If you believe that any content available on our Website or any other activity taking place on the Website constitutes infringement of a work protected by copyright law, please contact us using the information set out in Section 19 (Contact Us).
12. Monitoring Website Use. You agree that we have the right and discretion to monitor any activity and content associated with our Website, Website Content, and Site Services. We may investigate any reported violation of these Terms or complaints relating to the Website, Website Content, and Site Services, and may take any action that we believe is appropriate including, but not limited to, removing materials from the Website and terminating/suspending your access to the Website.
13. Modifications to these Terms. If we modify these Terms, then such modifications shall take effect proactively, upon your subsequent access to the Website. You may print out a copy of these Terms for your records.
14. Assignment. These Terms shall not be assignable by you, either in whole or in part. We reserve the right to assign the rights and obligations under these Terms for any reason and in our sole discretion.
15. General. These Terms shall be governed in all respects by the laws of the State of Illinois, without giving effect to its conflicts of law provisions. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
16. LEGAL DISPUTES: BINDING ARBITRATION/CLASS ACTION WAIVER
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements. Therefore, if there is any dispute or disagreement arising from or related to the Terms, your use of or interaction with the Website, or any data or information you may provide to P&M PR or that it may gather in connection with such use, interaction or transaction (collectively, “P&M PR Transactions or Relationships”), neither party will have the right to pursue a claim in court, or have a jury decide the claim, and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Website or P&M PR’s services, or engaging in any other P&M PR Transactions or Relationships, you agree to binding arbitration as provided below. The arbitration required under the Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as it may be amended or any successor statute and not by state law. You hereby agree that any dispute arising between or among the parties shall first be heard before a certified mediator with venue exclusively located in Chicago, Illinois or such other location as P&M PR maintains an office. Mediation may be attended telephonically or in person and must last a minimum of two (2) hours.
In the event there is no resolution through mediation, and in the event of any controversy, claim, or dispute between the parties arising out of or relating to these Terms. We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us through the mediation. If those efforts fail, you agree that any complaint, dispute, or disagreement you may have against P&M PR, and any claim that P&M PR may have against you, arising out of, relating to, or connected in any way with any P&M PR Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). This Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that the Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and P&M PR (the “Arbitrator”); the Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of the P&M PR Transactions or Relationships and/or these arbitration provisions in this section, including but not limited to any claim that all or any part of the P&M PR Transactions or Relationships is void or voidable; the Arbitration shall be held in Chicago, Illinois or such other location as P&M PR maintains an office. the Arbitrator (i) shall apply internal laws of the State of Illinois consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the United States, irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Illinois or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief; the Arbitration can resolve only your and/or P&M PR’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated; the Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets; in the event it shall become necessary for either party to take action of any type whatsoever to enforce the terms of the Agreement, the prevailing party shall be entitled to recover all of its attorneys’ fees, costs, and expenses, including all out of pocket expenses that are not taxable as costs, incurred in connection with any such action, including any negotiations, mediation, arbitration, litigation, and appeals; and if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. Both you and P&M PR hereby waive to the fullest extent possible the right to trial by jury.
17. Claims Against Other Users. You agree that in the event that you have any right, claim, or action against visitors or other users of our Website arising out of that person’s use of the Website, then you will pursue such right, claim, or action independently of and without recourse to us.
18. Translations. These Terms may be translated into languages other than English (collectively, “Translations“). Any communications sent by us to you shall be sent in English. Dispute resolution procedures arising out of either these Terms or the Translations shall be conducted in English, and the English version of these Terms shall control over the Translations.
19. Survival. In addition to any right or obligation that by its nature or intent is intended to survive any termination or expiration of these Terms, the following provisions shall survive the termination or expiration of these Terms and shall apply indefinitely: (i) Section 4 (P&M PR Ownership; Reservation of Rights); (ii) Section 5 (Submitted Content); (iii) Section 8 (Warranty Disclaimer); (iv) Section 9 (Limitation of Liability); (v) Section 10 (Indemnity); (vi) Section 15 (General); (vii) Section 18 (Survival); and (viii) Section 22 (Relationship to Engagement Letter).
20. Contact Us. We welcome your feedback or suggestions. If you would like to contact us, please call us at 1-800-760-6116 during our business hours.
21. Additional Terms. Certain portions of the Website and Site Services may be subject to additional or different terms and conditions. We will notify you if those portions of the Website or Site Services are subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in those portions of the Website or applicable Site Services if you do not agree with the differing terms and conditions.
22. Relationship to Engagement Letter. If you have executed an engagement letter with us, then these Terms do not supersede the engagement letter. In the event of a conflict or inconsistency between the terms and conditions of the engagement letter and these Terms, the terms and conditions of the engagement letter shall control.
23. Complete Agreement. Subject to Section 22 (Relationship to Engagement Letter), these Terms of Use must be read in conjunction with our Privacy Policy and the provisions of our Privacy Policy are incorporated herein. To the extent that the Terms of Use conflict with the Privacy Policy, the terms of the Privacy Policy shall control. Please note that, except as expressly stated otherwise, these Terms of Use only apply to your use of our Website. Subject to Section 22 (Relationship to Engagement Letter), these Terms and the Privacy Policy set forth the entire understanding and agreement between you and us with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.