Terms of Use.

TERMS OF USE AGREEMENT

This Terms of Use Agreement ("Agreement") governs your access to and use of the firm’s website (the "Website"), which is owned and operated by Cooper & Fernandez Law, PLLC (the "Firm"). By accessing or using the Website, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, you are not authorized to access or use the Website.

  1. Website Purpose and Audience

The Website is a comprehensive resource that provides information.

  1. Access and Use of the Website

3.1. License Grant: The Firm grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website solely for your personal or professional use, subject to the terms and conditions of this Agreement.

3.2. Prohibited Uses: You agree not to use the Website for any unlawful or prohibited purpose, including but not limited to:
a) Posting, transmitting, or storing any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy;
b) Impersonating any person or entity or falsely stating your affiliation with a person or entity;
c) Transmitting any software or other materials that contain viruses, worms, Trojan horses, or other harmful components;
d) Interfering with or disrupting the operation of the Website or the servers or networks that host the Website;
e) Attempting to gain unauthorized access to any portion of the Website or any other systems or networks connected to the Website;
f) Using any data mining, robots, or similar data gathering and extraction methods in connection with the Website; or
g) Using the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website.

  1. Intellectual Property

4.1. Ownership: The content, design, and functionality of the Website, including but not limited to text, graphics, images, logos, icons, software, code, databases, and compilations thereof, are the property of the Firm.

  1. Privacy and Data Protection

5.1. Privacy Policy: Your use of the Website is subject to the Firm's Privacy Policy, which is incorporated by reference into this Agreement. The Privacy Policy explains how we collect, use, and protect your personal information when you use the Website.

5.2. Data Collection and Use: The Firm collects and processes personal data in accordance with applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR). By using the Website, you consent to the collection, use, and processing of your personal data as described in our Privacy Policy.

5.3. Security Measures: The Firm implements appropriate technical and organizational measures to protect your personal data against unauthorized or unlawful processing, accidental loss, destruction, or damage. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

  1. Disclaimers and Limitations of Liability

6.1. Disclaimer of Warranties: THE WEBSITE AND ALL CONTENT AND SERVICES PROVIDED ON THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FIRM DOES NOT WARRANT THAT THE WEBSITE OR ITS CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

6.2. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE FIRM, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.3. Exclusions: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

  1. Indemnification

You agree to indemnify, defend, and hold harmless the Firm, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your use of the Website, your violation of this Agreement, or your infringement of any intellectual property or other right of any person or entity. The Firm reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Firm in asserting any available defenses.

  1. Termination

8.1. Termination by Firm: The Firm reserves the right to terminate or suspend your access to the Website at any time, with or without cause, and with or without notice. Without limiting the foregoing, the Firm may terminate or suspend your access if you violate this Agreement or if the Firm believes that your conduct poses a threat to the Website, its Users, or the Firm's business interests.

8.2. Termination by User: You may terminate this Agreement at any time by discontinuing your use of the Website and closing your account, if applicable.

8.3. Effect of Termination: Upon termination, all provisions of this Agreement that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability. Termination of your access to the Website shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to the Firm or any third party.

  1. Dispute Resolution

9.1. Informal Resolution: In the event of any dispute, claim, or controversy arising out of or relating to this Agreement or the use of the Website, the parties agree to first attempt to resolve the dispute informally by contacting the Firm at the address provided in Section 12 (Contact Information).

9.2. Arbitration: If the parties are unable to resolve the dispute informally within 30 days, any such dispute, claim, or controversy shall be finally settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator selected in accordance with the AAA rules. The arbitration shall take place in Osceola County, Florida unless otherwise agreed by the parties. The arbitrator's decision shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

9.3. Class Action Waiver: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION OF ANY CLAIMS RELATING TO THIS AGREEMENT OR THE USE OF THE WEBSITE.

9.4. Exceptions: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any state or federal court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of that party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

  1. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law.

  1. Miscellaneous

11.1. Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect to the fullest extent permitted by law. The invalid, illegal, or unenforceable provision shall be deemed modified to the extent necessary to render it valid, legal, and enforceable while preserving its intent, or if such modification is not possible, shall be severed from this Agreement.

11.2. Waiver: The failure of the Firm to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

11.3. Assignment: You may not assign or transfer this Agreement, by operation of law or otherwise, without the Firm's prior written consent. Any attempt by you to assign or transfer this Agreement without such consent shall be null and void. The Firm may assign or transfer this Agreement, in whole or in part, without restriction.

11.4. Entire Agreement: This Agreement, including the Privacy Policy incorporated herein by reference, constitutes the entire agreement between you and the Firm regarding the use of the Website and supersedes any prior agreements between you and the Firm relating to such use.

11.5. Modifications: The Firm reserves the right to modify this Agreement at any time by posting the changes on the Website. Your continued use of the Website after any such changes constitutes your acceptance of the modified Agreement. If you do not agree to the modified Agreement, your sole remedy is to discontinue using the Website.

11.6. Headings: The section headings in this Agreement are for convenience only and have no legal or contractual effect.

  1. Contact Information

If you have any questions or concerns regarding these Terms of Use, please contact us at:

Cooper & Fernandez Law, PLLC
P.O. BOX 701509
Saint Cloud, FL 34770
Phone: (407) 420-3826
Email: assistant@coopfernlaw.com

By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement.

Last Updated: June 5, 2025

Effective Date: This Agreement is effective as of the date you first access or use the Website.

Acknowledgment: BY ACCESSING OR USING THE WEBSITE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE USING THE WEBSITE.

Electronic Signature: YOUR USE OF THE WEBSITE CONSTITUTES YOUR ELECTRONIC SIGNATURE AND MANIFESTS YOUR INTENT TO BE BOUND BY THIS AGREEMENT.

Language: This Agreement is written in the English language. If a translated version conflicts with the English version, the English version controls.

Severability: The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or unenforceable, the parties agree to replace such provision with a valid and enforceable provision that most closely reflects the original intent of the parties.

Force Majeure: Neither party shall be liable for any failure or delay in performance under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Relationship of Parties: Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employment relationship between you and the Firm. Neither party has the authority to bind the other or to incur any obligation on the other's behalf.

Third-Party Beneficiaries: This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

Compliance with Laws: You agree to comply with all applicable local, state, national, and international laws, statutes, ordinances, and regulations regarding your use of the Website and your agreement with these Terms of Use.

Feedback: Any feedback, comments, ideas, improvements, or suggestions (collectively, "Suggestions") provided by you to the Firm with respect to the Website shall remain the sole and exclusive property of the Firm. The Firm shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or compensation to you.

Government End Users: The Website and related documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Time Limitation on Claims: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Interpretation: This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.

Notices: All notices given by you or required under this Agreement shall be in writing and addressed to:

Cooper & Fernandez Law, PLLC
Attn: Privacy Notice
P.O. BOX 701509 Saint Cloud, FL 34770
Email: assistant@coopfernlaw.com

The Firm may provide notices to you via email to the email address associated with your account. Notice shall be deemed given 24 hours after email is sent.

Survival: The 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.

BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE WEBSITE.