Terms of Use

Introduction

Welcome to the Florida Justice Institute, Inc. (“FJI”) Website’s Terms of Use.

The contents of our website are made available to the public for purposes of general information, consistent with the mission of FJI.  We set forth Terms and Conditions of use to be consistent with laws and regulations that regulate the provision of information and services on the Internet.  After reviewing these Terms of Use (“Terms”), if you have questions about the Florida Justice Institute and/or about the use of materials on our Web site, please contact:

Florida Justice Institute, Inc.
3750 Miami Tower
100 SE 2nd Street
Office Phone:  305-358-2081
Fax:  305-358-0910
info@floridajusticeinstitute.org

These Terms shall govern the materials and services provided to you by FJI’s Website (“the Site” or “the Website”). The Site is the website whose home page is located at www.floridajusticeinstitute.org.

By accessing and using the Site, you acknowledge that you have read and understand these Terms, and that you accept them and agree to be legally bound by them. You should not use the Site if you have any objections to any of these Terms.

FJI may revise these Terms over time as new features are added to the Site or as Internet law and standards evolve.  We will post those changes prominently but we do recommend that you read these Terms each time you visit the Site.

Terminology

The terms “you” and “user” as used in this Agreement refer to all individuals and/or entities accessing this Site for any reason.

The terms “FJI,” “we,” and “us” refer to the Florida Justice Institute, Inc.

Copyright and Permissions

Please feel free to browse the Site.  You may download or make single copies of materials displayed on the Site for your own personal and noncommercial use, provided that all copies shall retain the copyright, trademark and other proprietary notices displayed with the materials on the Site.

You may not distribute, transmit, copy, download or otherwise make available any material from the Site, including any text, images, audio clips, or video clips for public or commercial use, without the prior written permission of FJI; you also may not reproduce, distribute, transmit, publicly display, publicly perform, publish, license, modify, rewrite, create derivative works from, transfer or sell any material contained on the Site without prior written permission.

None of the material contained on the Site (including all software, HTML code and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without the prior written permission of FJI.

Except as otherwise noted, all content of the Site is: Copyright © 2011 Florida Justice Institute, Inc. All Rights Reserved.

FJI  has adopted a policy of terminating services to users who willfully and/or repeatedly infringe FJI’s copyright.

Trademarks/Service Marks

The trademarks/service marks and logos (collectively the “Marks”) displayed on the Site identify the products and services of FJI and other third parties, and inform the public as to the source of those products and services.  Nothing contained on the Site should be construed as granting any right or license to use any Mark displayed on the Site.  Your misuse of any Mark is strictly prohibited, including without limitation, your use of the Marks in any of the following ways:

• In a manner likely to cause confusion;
• To identify your products or services;
• In, as, or part of your own trademarks or services marks;
• In a manner that implies inaccurately a sponsorship, endorsement or other connection
with your products, services or other activities; or
• In a manner that disparages or dilutes the Marks.

You are also advised that FJI will enforce its intellectual property rights to the fullest extent of the law.  You agree not to display or otherwise inappropriately use the Marks without prior written permission from FJI.  Please make such requests by e-mail toinfo@floridajusticeinstitute.org.  We will evaluate your request and respond as soon as possible.

You may make fair use of the Marks in news, advertising and promotional materials, and in referring to our products and services (for example, in a newspaper article) without our permission, provided you follow standard trademark usage practices and provide proper attribution.  Any other uses require prior written permission from FJI.

Information You Post to the Site

To the extent you voluntarily post material to the Site for display on the Site, you automatically grant to FJI an irrevocable, perpetual worldwide license for FJI to display such material on the Site, except to the extent we have indicated otherwise. Additionally, by posting any material to the Site for display Site, you are representing, warranting and covenanting that those materials are original to you or you have obtained permissions, releases, rights or licenses, if any are required (including where use of that material does not constitute “fair use”), that you assume full responsibility for the posting of such material vis-à-vis third parties, including but not limited to make any payments to third parties with respect to displaying such third party material. By posting material for display on a portion of the Site that contains specific terms of use applicable to that portion of the Site, you agree you have read, understand, agree to and accept such specific terms of use.

Privacy

Our Privacy Policy is a part of the Site’s Terms which are binding on all Site users.  Please see our Privacy Policy, which is expressly incorporated herein by reference.

Payments to FJI

All payments to FJI, including without limitation for donations and merchandise shall be made by mailing a check to our office made payable to the Florida Justice Institute, Inc. or by credit card and are subject to the approval of the financial institution issuing the check or credit card.  Purchases are not binding on FJI until such approval is received.  FJI shall not be liable in any way if any financial institution refuses to accept or honor your check or credit card for any reason.

Each time you make a payment you agree that FJI is authorized to charge your designated account for the applicable amount such as the price published on the Site.

Financial transactions related to your payments to FJI are handled by PayPal, Inc.  Information relating to your financial transactions will not be maintained on FJI servers.  Please visit PayPal, Inc.’s website to familiarize yourself with their relevant terms and conditions and privacy policies.

Disclaimers and Limitation of Liabilities and Warranties

This Site presents general information about FJI and the information is not intended as legal advice nor should you consider it as such.  Although we welcome your calls, letters and e-mails, please keep in mind that merely contacting FJI will not establish an attorney-client relationship between you and FJI.  Consequently, you should not send any confidential information to us until a formal attorney-client relationship has been established.

We also attempt to provide links to other Web sites that we hope you will find helpful.  We do not control the material presented in other sites, however, and we do not vouch for or assume responsibility for the accuracy of such material.

The Site may contain technical inaccuracies, typographical errors, and out-of-date information.  The Site makes no representations as to the accuracy, reliability, completeness, or timeliness of the information posted, and the Site makes no warranty that the Site will meet your requirements.  You understand, acknowledge, and agree that your use of the Site is at your own risk.  FJI reserves the right to make changes to the Site at any time.

FJI SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE.  (BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.)  FJI MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY OF THE MATERIALS/SERVICES AVAILABLE FROM THE SITE, ALL OF WHICH ARE BEING OFFERED “AS IS.”  FJI ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING ANY MATERIALS FROM THE SITE.

Intellectual Property Limitation of Liability

FJI respects the intellectual property of others, and we ask visitors to the Site to do the same.  If you believe that your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to FJI:

1.  Identification of the copyrighted work(s) that you claim has been infringed;
2.  Identification of where the material that you claim to be infringing is located on the Site;
3.  A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law;
4.  A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive copyright that is allegedly infringed or are authorized to act on the copyright owner’s behalf;
5.  Your address, telephone number, and e-mail address; and
6.  Your physical or electronic signature.

Send your notification to:

Florida Justice Institute, Inc.
3750 Miami Tower
100 SE 2nd Street
Office Phone:  305-358-2081
Fax:  305-358-0910
info@floridajusticeinstitute.org

Similarly, if you believe that any of your trademarks or service marks have been infringed, please notify us.

Links

FJI has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by FJI of the site. Use of any such linked web site is at the user’s own risk.

User Conduct/Guidelines

The Site may provide users with the opportunity to submit, post and/or exchange information, data, text, software, music, photographs, graphics or artwork, video, audio, messages or other materials, whether publicly posted or privately transmitted.  You agree that you have read and are familiar with the following guidelines.

Please note that messages from users who violate our guidelines may be blocked.  Users who violate our guidelines may also be sent a warning, and if necessary, will be banned from further posting.

You understand and agree that all text, graphics, software, music, sound, photographs, videos, messages, posts, data, information, or other materials (collectively, the “Content”) is the sole responsibility of the person with whom the Content originated.  Thus, you are responsible for all Content that you disseminate or transmit through or by means of the Site.

You will post honestly and in good faith and with the intention to accurately inform.  We do not welcome people who wish to disrupt or insult other users.  If we believe you are posting with the intent to cause disruption or harm to other users, you will be banned from further posting on the Site.

You agree not to:

1. Post, disseminate, or transmit any Content that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another’s privacy;
2. Post, disseminate, or transmit any Content that infringes or violates any party’s copyright, trademark, trade secret, patent, or other proprietary right, including, but not limited to, using third-party copyrighted materials without appropriate permission or attribution, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
3. Post, disseminate, or transmit any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
4. Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Site;
5. Post, disseminate, or transmit any Content you do not have the right to post, disseminate, or transmit;
6. Interfere with, disrupt, or harm in any way the Site or servers or networks connected to the Site;
7. Use the Site for any illegal purpose, in violation of any applicable laws or regulations or in violation of the rules of any other website’s providers, websites, or the like;
8. Violate any applicable local, state, national, foreign or international law or regulation, intentionally or unintentionally.

Frames and Metatags

You may not frame the content of the Site. You may not use metatags or any other “hidden text” that incorporates FJI Trademarks or our name without our express written consent.

Dispute Resolution

Any action based on a breach of the terms herein shall be brought to the federal or local courts presiding in the state of Florida, whichever is appropriate, and to whose jurisdiction you consent in such an action.  If a breach is found by the court, the court shall have the right to issue an injunction, and grant to FJI its damages and attorneys’ fees and such other and further relief as the court may deem appropriate.

Applicable Laws and Jurisdictional Issues

The Site shall be governed by the laws of the United States, including federal copyright and trademark laws, and the laws of the state of Florida applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of laws principles.  By visiting and using the Site, you consent to the jurisdiction of the state of Florida and venue in Miami-Dade County and you agree to accept service of process by mail.  You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.

Invalidity of Provisions

In the event that any portion of these Terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention and the remainder of the provisions shall remain in full force and effect.

Termination

We reserve the right to terminate the Site and these Terms at any time without notice for any reason, including, in the case of these Terms, for your violation of any of the provisions. The Limitation of Liability and Applicable Laws Sections of this User Agreement survive any such termination.

No Waiver

Any failure by FJI to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.

Changes to the Terms and Conditions

No changes to these Terms and Conditions shall be made except by a revised posting on this page, and no advice or other information provided by the Site or its representatives to any user in any manner which is not posted on this page will constitute any amendment of, waiver or change to these Terms and Conditions, unless such an amendment, waiver or change is in writing from an authorized officer or representative of FJI.

 

Last Updated: January 10, 2011

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