DISCLAIMER AND TERMS OF USE

Content Is Information Only, Not Advice

Last Updated April 12, 2019

Thank you for visiting the web site or using the mobile application of Morgan & Morgan, P.A. and/or its affiliates (“MM,” “we”, “us”, or “our”). These Terms of Use ("Terms of Use" or “Terms”) are a legal and binding agreement between you and MM governing your access to and use of the website located at https://disabilitycarecenter.org, any websites that MM maintains which link to these terms, and any mobile applications currently in use or as we may introduce from time to time (the website and mobile applications, or any portion thereof, the “Site”). The information contained on the Site is provided for educational and informational purposes only and the contents of the Site are not and should not be construed as legal advice. As is described further below, nothing on the Site is medical advice or should supplement or inform in anyway your medical decisions or a decision to seek medical advice.

The Site is not an offer to perform services on any matter. This Site contains general information from a variety of sources and might not reflect current legal developments, verdicts or settlements. We do not undertake to update material in our Site to reflect subsequent legal or other developments.

Please read our Disclaimer below, which is incorporated into these Terms, for additional limitations on the use and effect of the Site. This “Terms of Use” outlines the conditions on which the Site is made available to you. Read the Terms of Use carefully. If you use this Site, you are deemed to have agreed to these Terms of Use.

This Site is designed to be accessible to and usable by people with and without disabilities. Please call us at (407) 420-1414 or email us if you encounter an accessibility or usability issue on this site.

We may update, change, modify, or revise these Terms of Use at any time and for any reason. Any changes will become effective upon posting to the Site, along with the date on which it was most recently revised as indicated by the “Last Updated” heading at the top of these Terms of Use. Your continued access to and/or use of the Site after any such modifications constitute your acceptance of the Terms of Use as modified. It is your responsibility to review the Terms of Use regularly for updates. Please contact us as provided above if you would like information regarding any modifications. If any modification to these Terms of Use is held to be invalid, void, or unenforceable for any reason, such modifications shall be deemed severable and shall not affect the validity and enforceability of these Terms of Use and the remaining provision.

Use

MM hereby grants you a non-exclusive, non-transferable, revocable, limited right and license to access and use the Site solely for your personal use in accordance with these Terms of Use. You shall not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit the Site.

MM may at any time, for any reason, and without notice or liability: (a) modify, suspend, or terminate operation of or access to the Site and related services, or (b) change, revise, or modify the Site and affiliated services.

Ownership and Intellectual Property Rights

The Site and MM software, systems, technology, and know-how (“MM Technology”) are owned by or licensed to MM and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and proprietary rights. All trademarks, trade names, graphics, logos, and trade dress included in or made available through the Site and Online Services are owned by or licensed to MM and protected by U.S. and international trademark laws (collectively, the “Marks”).

Except as expressly set forth herein, nothing herein shall be construed to confer any grant or license of any MM Intellectual Property Rights, whether by estoppel, by implication, or otherwise. You are strictly prohibited from using any MM intellectual property except as expressly provided in these Terms of Use. You are also advised that MM and its licensors will aggressively enforce its intellectual property rights to the fullest extent of the law.

Privacy Policy

Please review our Privacy Policy as posted on the Site (the “Privacy Policy”), which is incorporated herein and also governs your use of the Site, to understand MM’s privacy practices https://disabilitycarecenter.org/privacy-policy.

Restrictions on Use

You agree not to:

- reproduce, distribute, publically display, or otherwise transfer the Site;
- adapt, alter, modify, reverse engineer, disassemble, or decompile the Site;
- prepare derivative works based on the Site or any MM technology;
- remove, obscure, or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Site;
- frame, mirror, or in-line link the Site, or incorporate into another website, application, or other service any MM intellectual property;
- use the Site for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
- attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
- interfere with any access control measures or attempt to disable or circumvent such security features;
- post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;
- submit or post any false or misleading information; and/or
- violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of MM, its licensors, or any other person or entity.

We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Site, users, us, our brand, our business partners and licensors, or any other person or entity, or that violates these Terms of Use and/or applicable law.

Any unauthorized use automatically terminates the license granted to you hereunder.

No Relationship or Obligation Arises from Use of the Site

The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts, and who is licensed in the applicable state, and is familiar with the applicable law. Internet subscribers, mobile application users, and online readers should seek professional counsel about their legal rights and remedies. You should not act or refrain from acting on the basis of any information found the Site. Any actions or decisions about your legal rights should be based on the particular facts and circumstances of your situation, and appropriate legal advice from an attorney retained directly by you. MM EXPRESSLY DISCLAIMS ALL LIABILITY WITH RESPECT TO ACTIONS TAKEN OR NOT TAKEN BASED UPON ANY INFORMATION OR OTHER CONTENTS OF THIS SITE. Viewing the Site, or communicating with MM by Internet e-mail or through the Site does not constitute or create an attorney-client relationship with anyone. The content and features on the Site do not create, and are not intended to create, an attorney-client relationship, and shall not be construed as legal advice. The content and features of the Site, including means to submit a question or information, do not constitute an offer to represent you or otherwise give rise to an attorney/client relationship.

THE SITE IS PROVIDED "AS IS”. MM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND ONLINE SERVICES AND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MM DOES NOT GUARANTEE THAT THE ONLINE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

Accounts

To use some features of the Site, you may be required to create an account. In connection therewith, you agree to provide and maintain true, accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of the information you hold for your account login, including your password, and for all Submissions made from your account. You agree to notify us immediately of any unauthorized use of your login. MM may suspend access to your account if it suspects illegal or improper use, or for other reasons, such as for account management purposes, at its sole discretion.

Confidentiality is Not Guaranteed

Information sent to Morgan & Morgan, P.A. via Internet e-mail or through the Site is not secure and is done on a non-confidential basis. MM may make reasonable efforts to keep communications private, but because of the nature of Internet communications and the absence of an attorney/client relationship, we cannot promise or guarantee confidentiality.

DISCLAIMER - This Site Does Not Provide Medical Diagnosis or Advice

The content provided on the Site, such as documents, text, graphics, images, videos, news alerts, pharmaceutical drug recalls, prescription medication history, or information on litigation concerning the foregoing topics, or other materials, is for informational purposes only. The information is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always consult a physician for diagnosis and treatment of any medical condition or for any questions you may have regarding a health concern. Never disregard professional medical advice, alter a prescription plan in anyway, or delay or refrain from seeking medical advice because of something you have read or seen on the Site. Links to other sites are provided for information only. Use of trade names is for identification only and does not constitute endorsement by MM.

Without limiting the generality of the foregoing, the Site may present information about pharmaceutical drug recalls, which is for information purposes only. Such information is not necessarily the most current information on subject and may or may not be updated based on the last information concerning such recalls. Do not make any make any decisions regarding medication or medical providers based on information from the Site including but not limited to information we provide about drug recalls.

MM Is Not Responsible for Content; Limitation on Liability

MM may periodically change, remove, or add the material on the Site without notice. This material may contain technical or typographical errors. MM DOES NOT GUARANTEE ITS ACCURACY, COMPLETENESS OR SUITABILITY. MM assumes no liability or responsibility for any errors or omissions in the contents of the Site. Your use of the Site is at your own risk. Under no circumstances shall MM or any other party involved in the creation, production or delivery of the Site be liable to you or any other person for any indirect, special, incidental, or consequential damages of any kind arising from your access to, or use of, the Site. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL MM BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RELATING TO THIS MATERIAL, FOR ANY USE OF THIS WEBSITE, OR FOR ANY OTHER LINKED WEBSITE.

Third-party Web Sites

The Site contains links to third party web sites for the convenience of our users. MM does not endorse any of these third party sites and does not imply any association between MM and those sites. MM does not control these third party web sites and cannot represent that their policies and practices will be consistent with these Terms of Use. If you use links to access and use such web sites, you do so at your own risk. MM is not responsible for the contents or availability of any linked sites. These links are provided only as a convenience to the recipient. These Terms only apply to the Site and do not apply to any linked sites. We encourage you to read and understand the terms of use of any linked sites that you visit. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through any linked site.

State Laws Vary

MM lawyers are licensed to practice law only within the states of Arizona, Georgia, Mississippi, New York, Illinois, Alabama, Tennessee, Texas, New Jersey, Arizona, Missouri, Kentucky, North Carolina, California, Florida, and Pennsylvania but we affiliate or form relationships with lawyers throughout the United States. MM may refer prospective clients to other law firms located throughout the country, who form relationships with MM, and are experienced in handling such cases. MM may also undertake legal representation in certain cases, and will affiliate with other legal counsel located throughout the country to provide legal representation. The laws of each State are different. The Site contains information about general or common rules that apply in some states. The Site also contains information about verdicts or settlements in past cases. You cannot assume that the same rules apply, or that the same result would occur, in your state or any particular state. The Statute of Limitations is especially important. Every state has laws called the “statute of limitations” which set a deadline to file a lawsuit. That means that a lawsuit filed too late may be thrown out, regardless of the defendant’s fault or the severity of the injuries. Some states have a two-year period for negligence injury claims; the time period in other states may be longer or shorter. Insurance policies, particularly homeowners insurance, may require that suit be filed within one year of a loss. Some states allow claims against government agencies, but require a written notice very soon after the accident, perhaps within three months. Because investigation and research is needed to identify all possible defendants and theories of recovery, if you have an accident or injury, you should consult a lawyer as soon as possible.

MM Clients

Only individuals who have entered into a mutually signed retainer agreement with MM are MM clients (“MM Clients”). Certain portions of the Site designated as such by MM, such as the “My Case” feature of the mobile application, may be available for use only by MM Clients. When MM Clients use such portions of the Site designated by MM to communicate with us pursuant to our representation of a MM Client, we will ensure that any information provided pursuant to such attorney/client relationship may not be shared with third parties except as is done with such precautions to preserve the confidentiality of the relevant information and any attorney/client privilege as may attach to such information. MM takes commercially reasonable measures to secure and protect the information that we collect.

Legal and Ethical Requirements

MM has tried to comply with all legal and ethical requirements in compiling the Site. We welcome comments about our compliance with the applicable rules and will update the Site as warranted, upon learning of any new or different requirements. To the extent that the professional responsibility rules of any jurisdiction require us to designate a principal office or an attorney responsible for the Site, Morgan & Morgan, P.A. designates its office in Orlando, Florida (USA), 20 North Orange Avenue, Suite 1600, and attorney Alexander Clem.

State Advertising Disclosures

Because some material on the Site constitutes lawyer advertising, and the Site may be viewed from anywhere in the United States, particular disclosures are required by the rules of some states. MM adopts and makes the following disclosures:

Alabama: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Colorado: Colorado does not certify attorneys as specialists in any field.

Florida: 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.

Iowa: The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by rule of the Supreme Court of Iowa. NOTICE TO THE PUBLIC: Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a lawyer is a specialist or expert in a field of law, nor do they mean that such a lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa.

Kentucky and Oregon: THIS IS AN ADVERTISEMENT

Mississippi: The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements.

Missiouri: Neither the Supreme Court of Missouri nor the Missouri Bar reviews or approves certifying organizations or specialist designations.

Nevada: The State Bar of Nevada does not certify any lawyer as a specialist or expert.

New Jersey: ATTORNEY ADVERTISEMENT — NOT A REFERRAL SERVICE. Before making your choice of an attorney, you should give this matter careful thought. The selection of an attorney is an important decision.

New Mexico: LAWYER ADVERTISEMENT.

New York: ATTORNEY ADVERTISING. Prior results do not guarantee a similar outcome.

Pennsylvania: ATTORNEY ADVERTISEMENT – NOT A REFERRAL SERVICE. Before making your choice of an attorney, you should give this matter careful thought. The selection of an attorney is an important decision.

Tennessee: None of the attorneys in this firm are certified as a Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor’s Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Estate Planning or Elder Law specialist by the Tennessee Commission on Continuing Legal Education and Specialization. Certification as a specialist in all other listed areas is not currently available in Tennessee.

Texas: Unless otherwise stated, our attorneys claiming certification in an area of law are not certified by the Texas Board of Legal Specialization.

Wyoming: The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability, and not rely upon advertisements or self-proclaimed expertise.

Governing Laws in Case of Dispute; Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, USA, without regard to any choice of law principles. Any and all disputes arising hereunder shall be governed as set forth in the Arbitration section below.

Submissions

You are solely responsible for any information, content, or material you transmit to or through the Site (“Submissions”). You understand that Submissions are considered non-confidential and non-proprietary. Furthermore, you grant MM an unrestricted, irrevocable, perpetual, transferable, subliscensable, worldwide, royalty-free license to use, copy, reproduce, display, publish, publicly perform, transmit, and distribute any Submission, without compensation or accounting to you or anyone else. You represent and warrant that: (a) you have the right to submit the Submission to MM and grant the licenses as described above; (b) MM will not need to obtain licenses from any third party or pay royalties to any third party for its use of the Submission; (c) the Submission does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (d) the Submission complies with these Terms of Use and all applicable laws and regulations.

MM takes no responsibility and assumes no liability for any Submission.

Arbitration

Any and all claims by you arising out of or related to the Site or your use thereof may be resolved only through a binding arbitration proceeding to be conducted under the auspices of the Commercial Arbitration Rules of the American Arbitration Association in Orlando, Orange County, Florida. Both your agreement to arbitrate all controversies, disputes and claims, and the results and awards rendered through the arbitration, will be final and binding on you and may be specifically enforced by legal proceedings. Arbitration will be the sole means of resolving such controversies, disputes and claims, and you waive your rights to resolve such controversies, disputes and claims by court proceedings or any other means. You agree that judgment may be entered on the award in any court of competent jurisdiction and, therefore, any award rendered shall be binding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You understand that by agreeing to arbitration as a mechanism to resolve all controversies, disputes and claims between us, you are waiving certain rights, including the right to bring an action in court, the right to a jury trial, the right to broad discovery, and the right to an appeal. You understand that in the context of arbitration, a case is decided by an arbitrator (one or more), not by a judge or a jury.

International Use

The Site is controlled, operated, and administered by MM from offices within the United States of America and is only intended for use therein. We make no representation regarding use of the Site outside of the United States.

Other Terms

If, for any reason, a Terms of Use, our Privacy Policy, or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms of Use and Privacy Policy shall continue in full force and effect. MM’s failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by MM hereof will be deemed effective unless in writing. These Terms of Use, together with our Privacy Policy, as each is currently posted, constitute the entire agreement between MM and you with respect to your use of the Site and supersede all previous written or oral agreements relating to the subject matter hereof, except that this agreement shall not supersede, restrict, or replace any agreements governing the attorney-client relationship between MM and MM Clients.

MM may, in its sole discretion and without prior notice, block and/or terminate your access to the Site and if we determine that you have violated these Terms of Use or other terms or agreements or that may be associated therewith or if you use the Site in a way that we deem, in our sole discretion, to be an unacceptable use.

Copyright

Copyright ©1998-2019 Morgan & Morgan, P.A. All rights reserved. All materials presented on this site are copyrighted and owned by Morgan & Morgan, P.A., unless in the public domain or attributed to another source. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.