Terms of service.

Updated as of: April 26, 2024

Welcome to Falls Law PLLC (Falls Counsel). These Terms of Service set forth the terms and conditions that apply to your access and use of our website (www.fallscounsel.com) and other services (collectively, the “Services”) provided by Falls Counsel Please review the following terms carefully. If you do not agree to these terms, you may not access or use the Services. 

THESE TERMS OF SERVICE CONTAIN A CLASS ACTION WAIVER, JURY WAIVER, AND AN AGREEMENT TO RESOLVE ANY DISPUTE THAT MAY ARISE BY ARBITRATION.

The terms “Falls Counsel” or “us” or “we” or “our” refer to Falls Law PLLC and its subsidiaries and affiliates (collectively “Falls Counsel”) the owner of the Services. The terms “you” or “your” refer to the user or viewer of the Services.

Prohibited Conduct.  You agree not to: (a) use the Site for any illegal purpose, or in violation of any local, state, national, or international law; (b) violate or encourage others to violate the rights of third parties, including intellectual property rights; (c) interfere in any way with security-related features of the Site; (d) interfere with the operation or any user’s enjoyment of the Site, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent; (e) access, monitor or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without Falls Counsel’s express written permission; (f) perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, or (g) sell or otherwise transfer the access granted herein.

Third Party Content.  The Site may contain links to third party websites and services.  Falls Counsel provides such links as a convenience and does not control or endorse these websites and services.  You acknowledge and agree that Falls Counsel has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third party websites or services.

Intellectual Property.  You acknowledge and agree that you relinquish all ownership rights in any ideas or suggestions that you submit to Falls Counsel through this Site.  This Site is protected by applicable copyright and other intellectual property laws, and no materials from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission.  All trademarks and service marks on the Site belong to Falls Counsel except third-party trademarks or service marks, which are the property of their respective owners. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Services are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights.  The copying, redistribution, use or publication by you of any such matters or any part of the Services, except as allowed by these Terms of Services below, is strictly prohibited.  You do not acquire ownership rights to any content or other materials viewed through the Services. The postings of information or materials on the Services does not constitute a waiver of any right in such information and materials. Some of the content on the Services is the copyrighted work of third parties. Falls Counsel’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Falls Counsel or its affiliates or licensors. You must not use such marks without the prior written permission of Falls Counsel. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Indemnification.  You agree that you will be personally responsible for your use of the Site, and you agree to defend, indemnify, and hold harmless Falls Counsel from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Site; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party.  Falls Counsel reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

Termination. If you violate these Terms, your permission to use the Site will automatically terminate.  In addition, Falls Counsel in its sole discretion may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Services at any time, with or without notice to you.  You may terminate your account at any time by contacting Falls Counsel at info@fallscounsel.com. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but Falls Counsel may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Site.

Modification of the Terms.  Falls Counsel reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Site.  Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms.  We will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to our website or by sending an email to any address you may have provided to us.  Your continued use of the Services following notice will be deemed acceptance of any modifications to the Terms.

Disclaimers of Warranties. The Site provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied.  Although Falls Counsel seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Site, and there may at times be inadvertent technical or factual errors or inaccuracies.  Falls Counsel specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade.  You assume all risk for any/all damages that may result from your use of or access to the Site.  Falls Counsel does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Site.

Limitation of Liability. In no event will Falls Counsel be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not Falls Counsel has been informed of the possibility of such damage.  Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances.  Accordingly, some of the above limitations may not apply to you.

Governing Law. These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. 

Notice to California Residents. Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.

Dispute Resolution by Binding Arbitration, Jury Waive and Class Action Waiver.  In the interest of resolving disputes between you and Falls Counsel in the most expedient and cost effective manner, you and Falls Counsel agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction (“Agreement to Arbitrate”).  Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.  You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s).  Any relief awarded cannot affect other users.

General. 

1. Entire Agreement. This Agreement, together with all the other agreements and policies referenced herein, including without limitation the Privacy Policy, shall constitute the complete agreement between the Parties with respect to the subject matter hereof, and supersedes all previous agreements or representations, written or oral, with respect to the subject matter hereof. This Agreement may not be amended, modified, supplemented or rescinded unless agreed to in writing by Falls Counsel. 

2. Right to Modify. Falls Counsel may unilaterally, at its sole discretion, change, add, or delete portions of these Terms at any time on a going-forward basis. Continued use of the Services following any such changes will indicate User’s acknowledgement of such changes and agreement to be bound by the revised Terms and Conditions, inclusive of such changes. Additionally, Falls Counsel reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, or any portion thereof, with or without notice. You agree that neither Falls Law PLLC, any affiliate or subsidiary thereof, nor any of their respective shareholders, members, directors, managers, officers, employees, independent contractors or agents, will be liable to you or any third party for any modification, suspension or discontinuance of the Services or any portion thereof.

3. Privacy. Your use of the Services is subject to Falls Counsel’s Privacy Policy. Please review the Privacy Policy so you understand what information Falls Counsel collects through the Services, how Falls Counsel uses it, how Falls Counsel secures it, and how Falls Counsel may share it.

4. Entire Agreement. This Agreement, together with all the other agreements and policies referenced herein, including without limitation the Privacy Policy, shall constitute the complete agreement between the Parties with respect to the subject matter hereof, and supersedes all previous agreements or representations, written or oral, with respect to the subject matter hereof. This Agreement may not be amended, modified, supplemented or rescinded unless agreed to in writing by Falls Counsel.

5. No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default ofg the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.  

6. Severability.  In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

Contact Information. Please contact us with any questions or comments about these Terms of Service, your personal information, our use and disclosure practices, or your consent choices by e-mail at info@fallscounsel.com.