These Terms govern
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
F and L Law Group, P.A. is provided by:
F&L Law Group, P.A.
5237 Summerlin Commons Blvd.
Suite 229
Fort Myers, FL 33907
Owner contact email: info@FLLawGroup.com
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. F&L Law Group, P.A. 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 F&L Law Group, P.A. 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.
Any U.S. federal tax advice contained in the articles and information in this web site is not intended to be written or used, and cannot be used or relied upon, to avoid tax-related penalties under the Internal Revenue Code, or to promote, market or recommend to another any tax-related matter addressed herein.
We are a debt relief agency. We help people file for bankruptcy under the Bankruptcy Code.
THE SITE IS PROVIDED “AS IS”. F&L Law Group, P.A. 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, F&L Law Group, P.A. 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. F&L Law Group, P.A. 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 F&L Law Group, P.A. via Internet e-mail or through the Site is not secure and is done on a non-confidential basis. F&L Law Group, P.A. 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 F&L Law Group, P.A.
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.
F&L Law Group, P.A. Is Not Responsible for Content; Limitation on Liability
F&L Law Group, P.A. may periodically change, remove, or add the material on the Site without notice. This material may contain technical or typographical errors. F&L Law Group, P.A. DOES NOT GUARANTEE ITS ACCURACY, COMPLETENESS OR SUITABILITY. F&L Law Group, P.A. 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 F&L Law Group, P.A. 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 F&L Law Group, P.A. 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. F&L Law Group, P.A. does not endorse any of these third party sites and does not imply any association between F&L Law Group, P.A. and those sites. F&L Law Group, P.A. 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. F&L Law Group, P.A. 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
F&L Law Group, P.A. lawyers are licensed to practice law only within the states of Florida but we affiliate or form relationships with lawyers throughout the United States. F&L Law Group, P.A. may refer prospective clients to other law firms located throughout the country, who form relationships with F&L Law Group, P.A., and are experienced in handling such cases. F&L Law Group, P.A. 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.
F&L Law Group, P.A. Clients
Only individuals who have entered into a mutually signed retainer agreement with F&L Law Group, P.A. are F&L Law Group, P.A. clients (“F&L Law Group, P.A. Clients”). Certain portions of the Site designated as such by F&L Law Group, P.A., such as the “My Case” feature of the mobile application, may be available for use only by F&L Law Group, P.A. Clients. When F&L Law Group, P.A. Clients use such portions of the Site designated by F&L Law Group, P.A. to communicate with us pursuant to our representation of a F&L Law Group, P.A. 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. F&L Law Group, P.A. takes commercially reasonable measures to secure and protect the information that we collect.
Legal and Ethical Requirements
F&L Law Group, P.A. 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, F&L Law Group, P.A. designates its office in Fort Myers, Florida 33907 (USA), 5237 Summerlin Commons Blvd., Suite 229, and attorney David W. Fineman.
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. F&L Law Group, P.A. 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.
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 F&L Law Group, P.A. 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 F&L Law Group, P.A. and grant the licenses as described above; (b) F&L Law Group, P.A. 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.
F&L Law Group, P.A. 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 Fort Myers, Lee 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 F&L Law Group, P.A. 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. F&L Law Group, P.A.’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 F&L Law Group, P.A. 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 F&L Law Group, P.A. 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 F&L Law Group, P.A. and F&L Law Group, P.A. Clients.
F&L Law Group, P.A. 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.
Unless otherwise specified, the terms of use detailed in this section apply generally when using F and L Law Group, P.A..
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using F and L Law Group, P.A., Users confirm to meet the following requirements:
Unless where otherwise specified or clearly recognizable, all content available on F and L Law Group, P.A. is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on F and L Law Group, P.A. infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
The Owner holds and reserves all intellectual property rights for any such content.
Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on F and L Law Group, P.A., nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on F and L Law Group, P.A., the User may download, copy and/or share some content available through F and L Law Group, P.A. for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Through F and L Law Group, P.A. Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
F and L Law Group, P.A. and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of F and L Law Group, P.A. and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to F and L Law Group, P.A. or the Service, terminating contracts, reporting any misconduct performed through F and L Law Group, P.A. or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
Unless otherwise explicitly stated or agreed with Users, the Owner’s liability for damages in connection with the execution of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer's fees and costs — made by any third party due to or in relation with any culpable violation of these Terms, third-party rights or statutory provisions connected to the use of the Service by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.
Unless otherwise explicitly stated and without prejudice to applicable law, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health or physical integrity, damages resulting from the breach of material contractual obligations such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as F and L Law Group, P.A. has been appropriately and correctly used by the User.
Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.
F and L Law Group, P.A. is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at Users' own risk and Users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the User has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to the User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw Personal Data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts etc.).
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of F and L Law Group, P.A. and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.
To learn more about the use of their Personal Data, Users may refer to the privacy policy of F and L Law Group, P.A..
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to F and L Law Group, P.A. are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with F and L Law Group, P.A. are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User from the date communicated to Users onwards.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
All communications relating to the use of F and L Law Group, P.A. must be sent using the contact information stated in this document.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
However, regardless of the above, if the law of the country that the User is located in provides for higher applicable consumer protection standards, such higher standards shall prevail.
If the User qualifies as a Consumer in Brazil and the product and/or service is commercialized in Brazil, Brazilian law will apply.
The parties shall use their best efforts to resolve any disputes, controversies, and differences which may result from or in connection to these Terms, by mutual negotiation and agreement.
If an attempt at a mutual solution fails, the parties agree to solve the controversy by way of arbitration before the Fort Myers, Florida, United States, in English, by the American Arbitration Association and according to procedural rules adopted by such arbitration body.
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway or Iceland.
The above does not apply to Users in Brazil that qualify as Consumers.