Please read these terms of service before using Pitisci Dowell & Markowitz’s website or services.
1. Terms
By accessing the website at pdmmlaw.com, you are agreeing to be bound by these terms of service, Pitisci Dowell & Markowitz’s privacy policy, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. You also represent that you are over the age of 18. If you do not agree with any of the foregoing, including any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Pitisci Dowell & Markowitz’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Pitisci Dowell & Markowitz’s website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Pitisci Dowell & Markowitz at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer
The materials on Pitisci Dowell & Markowitz’s website are provided on an ‘as is’ basis. Pitisci Dowell & Markowitz makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Pitisci Dowell & Markowitz does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site, and Pitisci Dowell & Markowitz does not warrant or make any representations concerning the success of its services.
4. Pitisci Dowell & Markowitz Communications, TCPA Consent, and Privacy
You agree to receive communications from Pitisci Dowell & Markowitz or communications related to Pitisci Dowell & Markowitz’s services at any of the phone numbers provided to Pitisci Dowell & Markowitz by you or on your behalf, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Pitisci Dowell & Markowitz or its affiliated companies may include but are not limited to: operational communications concerning your account or use of the Pitisci Dowell & Markowitz’s website or services, communications concerning marketing or promotions run by Pitisci Dowell & Markowitz or Pitisci Dowell & Markowitz’s third-party partners, and news concerning Pitisci Dowell & Markowitz and industry developments. If you change or deactivate the phone number you provided to Pitisci Dowell & Markowitz, you agree to update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard text messaging charges applied by your cell phone carrier will apply to text messages Pitisci Dowell & Markowitz sends.
Furthermore, notwithstanding any current or prior election to opt-in or opt-out of receiving telemarketing calls or SMS messages (including text messages) from Pitisci Dowell & Markowitz, its agents, representatives, affiliates, or anyone calling on Pitisci Dowell & Markowitz’s behalf, You expressly consent to be contacted by Pitisci Dowell & Markowitz, its agents, representatives, affiliates, or anyone calling on Pitisci Dowell & Markowitz’s behalf for any and all purposes arising out of or relating to your submission, at any telephone number, or physical or electronic address You provide or at which You may be reached. You agree We may contact You in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using an auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by You or someone else. In the event that an agent or representative of Pitisci Dowell & Markowitz calls, he or she may also leave a message on Your answering machine, voice mail, or send one via text.
You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from Pitisci Dowell & Markowitz, its agents, representatives, affiliates, or anyone calling on Pitisci Dowell & Markowitz’s behalf at the specific number(s) You have provided to Pitisci Dowell & Markowitz, or numbers we can reasonably associate with Your account (through skip trace, caller ID capture or other means), with information or questions about your inquiry. You certify, warrant, and represent that the telephone numbers that You have provided to Pitisci Dowell & Markowitz are Your contact numbers. You represent that You are permitted to receive calls at each of the telephone numbers You have provided to Pitisci Dowell & Markowitz. You agree to promptly alert Pitisci Dowell & Markowitz whenever You stop using a particular telephone number. Your cellular or mobile telephone provider will charge You according to the type of plan You carry. You also agree that Pitisci Dowell & Markowitz may contact You by e-mail, using any email address You have provided to Pitisci Dowell & Markowitz or that You provide to Pitisci Dowell & Markowitz in the future. Pitisci Dowell & Markowitz may listen to and/or record phone calls between You and Pitisci Dowell & Markowitz’s representatives without notice to You as permitted by applicable law. For example, Pitisci Dowell & Markowitz listens to and records calls for quality monitoring purposes.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM Pitisci Dowell & Markowitz’S PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING Pitisci Dowell & Markowitz’S SERVICES.
5. Limitations
In no event shall Pitisci Dowell & Markowitz or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Pitisci Dowell & Markowitz’s website, even if Pitisci Dowell & Markowitz or a Pitisci Dowell & Markowitz authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
6. Accuracy of Materials
The materials appearing on Pitisci Dowell & Markowitz’s website could include technical, typographical, or photographic errors. Pitisci Dowell & Markowitz does not warrant that any of the materials on its website are accurate, complete or current. Pitisci Dowell & Markowitz may make changes to the materials contained on its website at any time without notice. However, Pitisci Dowell & Markowitz does not make any commitment to update the materials.
7. Links
Pitisci Dowell & Markowitz has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Pitisci Dowell & Markowitz of the site. Use of any such linked website is at the user’s own risk.
8. Modifications
Pitisci Dowell & Markowitz may modify these terms of service for its website at any time without notice. You agree that each visit you make to this website and your continued use of this website or Pitisci Dowell & Markowitz’s services shall confirm that you read, accepted, and agreed to be bound by any modification. No modification shall apply to a dispute that accrued or of which Pitisci Dowell & Markowitz had actual notice on or before the date of the modification.
9. Dispute Resolution
9.1 Class Action Waiver; No Consolidation of Claims. To the extent permitted by applicable law, the parties hereby waive their rights to assert any claim as a plaintiff or class member in any purported class action. Further, unless both you and Pitisci Dowell & Markowitz otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of collective action, private attorney general action, or other representative proceeding. This Paragraph 9 will survive any termination of these terms or Pitisci Dowell & Markowitz’s privacy policy.
9.2 Arbitration. Except for collection efforts and enforcement of an arbitration order under this Paragraph 9, if the parties are unable to resolve any dispute related to these terms or Pitisci Dowell & Markowitz’s privacy policy by direct negotiation, they shall resolve the dispute through binding arbitration in Tampa, Florida, before a single arbitrator from the American Arbitration Association in accordance with its Commercial Arbitration Rules.
9.3 Choice of Law. These terms, Pitisci Dowell & Markowitz’s privacy policy, and any dispute related to these terms or Pitisci Dowell & Markowitz’s privacy policy shall be governed by and interpreted in accordance with the laws of the State of Florida without regard to its conflict of laws provisions. If any litigation is validly instituted related to these terms or Pitisci Dowell & Markowitz’s privacy policy, the parties hereby consent to the exclusive personal jurisdiction of the state and federal courts in Travis County, Florida and waive any objection as to venue or inconvenient forum.
9.4 Jury Trial. The parties hereby waive any right to a jury trial in connection with a dispute related to these terms or Pitisci Dowell & Markowitz’s privacy policy.
9.5 Attorneys’ Fees. If any arbitration or legal proceeding is validly instituted to resolve a dispute or to enforce these terms or Pitisci Dowell & Markowitz’s privacy policy, the prevailing party may recover its attorneys’ fees and other costs.
10. Contact Us
If you have any questions about these Terms of Service, you may contact Pitisci Dowell & Markowitz by email at [email protected].
