Terms and Conditions
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Effective Date: January 2021
General
This website (the “Site”) is owned and operated by ZAMMITTI LAW, PLLC (“ZAMMITTI LAW”
“we” or “us”). By using the Site, you agree to be bound by these Terms of Service and to use the Site
in accordance with these Terms of Service, our Privacy Policy, our Refund Policy and any additional
terms and conditions that may apply to specific sections of the Site or to products and services
available through the Site or from ZAMMITTI LAW. Accessing the Site, in any manner, whether
automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms
of Service.
We reserve the right to change these Terms of Service or to impose new conditions on use of the
Site, from time to time, in which case we will post the revised Terms of Service on this website. By
continuing to use the Site after we post any such changes, you accept the Terms of Service, as
modified.
Intellectual Property Rights
Our Limited License to You. This Site and all the materials available on the Site are the property of
us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual
property laws. The Site is provided solely for your personal noncommercial use. You may not use the
Site or the materials available on the Site in a manner that constitutes an infringement of our rights or
that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of
Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload,
post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium
(including by email or other electronic means) any material from the Site. You may, however, from
time to time, download and/or print one copy of individual pages of the Site for your personal, non-
commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us. By posting or submitting any material (including, without limitation, comments,
blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media
venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the
owner of the material, or are making your posting or submission with the express consent of the
owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you
submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us,
a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy,
modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or
display such material, in whole or in part, in any manner or medium, now known or hereafter
developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary
rights in such posting or submission, including, but not limited to, rights under copyright, trademark,
service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of
such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any
of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a
“work made for hire” when the work performed is within the scope of the definition of a work made
for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in
those works shall belong to ZAMMITTI LAW from their creation. Thus, ZAMMITTI LAW shall be
deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the
results and proceeds in any and all media, now known or hereafter devised, throughout the universe,
in perpetuity, in all languages, as ZAMMITTI LAW determines. In the event that any of the results
and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section
101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably
assign, convey and transfer to ZAMMITTI LAW all proprietary rights, including without limitation,
all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now
known or hereafter devised, to such material and any and all right, title and interest in and to all such
proprietary rights in every medium, whether now known or hereafter devised, throughout the
universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be
co-owned by us.
You acknowledge that ZAMMITTI LAW has the right but not the obligation to use and display any
postings or contributions of any kind and that ZAMMITTI LAW may elect to cease the use and
display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the
link does not state or imply any sponsorship of your site by us or by the Site. However, you may not,
without our prior written permission, frame or inline link any of the content of the Site, or
incorporate into another website or other service any of our material, content or intellectual property.
Disclaimers
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties.
Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or
the information, products or services offered on or through the sites. In addition, neither we nor
affiliates operate or control in any respect any information, products or services that third parties may
provide on or through the Site or on websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content
expressed or made available by third parties, including information providers, are those of the
respective authors or distributors, and not ZAMMITTI LAW. Neither ZAMMITTI LAW nor any
third-party provider of information guarantees the accuracy, completeness, or usefulness of any
content. Furthermore, ZAMMITTI LAW neither endorses nor is responsible for the accuracy and
reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an
authorized ZAMMITTI LAW representative while acting in his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE
AND BY ZAMMITTI LAW AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT
MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-
PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS,
RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless ZAMMITTI LAW its affiliates, their
successors, transferees, assignees and licensees and their respective parent and subsidiary companies,
agents, associates, officers, directors, shareholders and employees of each from and against any and
all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and
expenses, arising out of or related to your breach of any obligation, warranty, representation or
covenant set forth herein.
Online Commerce
Certain sections of the Site may allow you to purchase many different types of products and services
online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness,
reliability or any other aspect of these products and services. If you make a purchase from a merchant
on the Site or on a site linked to by the Site, the information obtained during your visit to that
merchant’s online store or site, and the information that you give as part of the transaction, such as
your credit card number and contact information, may be collected by both the merchant and us. A
merchant may have privacy and data collection practices that are different from ours. We have no
responsibility or liability for these independent policies. In addition, when you purchase products or
services on or through the Site, you may be subject to additional terms and conditions that
specifically apply to your purchase or use of such products or services. For more information
regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions
that may apply, visit that merchant’s website and click on its information links or contact the
merchant directly. You release us and our affiliates from any damages that you incur, and agree not
to assert any claims against us or them, arising from your purchase or use of any products or services
made available by third parties through the Site.
Your participation, correspondence or business dealings with any third party found on or through our
Site, regarding payment and delivery of specific goods and services, and any other terms, conditions,
representations or warranties associated with such dealings, are solely between you and such third
party. You agree that ZAMMITTI LAW shall not be responsible or liable for any loss, damage, or
other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your
behalf through the Site. You agree to use the Site and to purchase services or products through the
Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for
speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular
product or service. You agree to only purchase goods or services for yourself or for another person
for whom you are legally permitted to do so. When making a purchase for a third party that requires
you to submit the third party’s personal information to us or a merchant, you represent that you have
obtained the express consent of such third party to provide such third party’s personal information.
Interactive Features
This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email
services, which allow feedback to us and real-time interaction between users, and other features
which allow users to communicate with others. Responsibility for what is posted on bulletin boards,
web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the
Site, lies with each user – you alone are responsible for the material you post or send. We do not
control the messages, information or files that you or others may provide through the Site. It is a
condition of your use of the Site that you do not:
– Restrict or inhibit any other user from using and enjoying the Site.
– Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your
affiliation with a person or entity.
– Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey
any requirements, procedures, policies or regulations of the networks we use to provide the Site.
– Use the Site to instigate or encourage others to commit illegal activities or cause injury or property
damage to any person.
– Gain unauthorized access to the Site, or any account, computer system, or network connected to
this Site, by means such as hacking, password mining or other illicit means.
– Obtain or attempt to obtain any materials or information through any means not intentionally made
available through this Site.
– Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene,
vulgar, pornographic, profane or indecent information of any kind, including without limitation any
transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise
to civil liability or otherwise violate any local, state, national or international law.
– Use the Site to post or transmit any information, software or other material that violates or infringes
upon the rights of others, including material that is an invasion of privacy or publicity rights or that is
protected by copyright, trademark or other proprietary right, or derivative works with respect thereto,
without first obtaining permission from the owner or rights holder.
– Use the Site to post or transmit any information, software or other material that contains a virus or
other harmful component.
– Use the Site to post, transmit or in any way exploit any information, software or other material for
commercial purposes, or that contains advertising.
– Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make
donations of any kind, without our express written approval.
– Gather for marketing purposes any email addresses or other personal information that has been
posted by other users of the Site.
ZAMMITTI LAW may host message boards, chats and other public forums on its Sites. Any user
failing to comply with the terms and conditions of this Agreement may be expelled from and refused
continued access to, the message boards, chats or other public forums in the future. ZAMMITTI
LAW or its designated agents may remove or alter any user-created content at any time for any
reason. Message boards, chats and other public forums are intended to serve as discussion centers for
users and subscribers. Information and content posted within these public forums may be provided by
ZAMMITTI LAW staff, ZAMMITTI LAW’s outside contributors, or by users not connected with
ZAMMITTI LAW, some of whom may employ anonymous user names. ZAMMITTI LAW
expressly disclaims all responsibility and endorsement and makes no representation as to the validity
of any opinion, advice, information or statement made or displayed in these forums by third parties,
nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in
any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any
loss or damage caused by your reliance on information obtained through these forums. The opinions
expressed in these forums are solely the opinions of the participants, and do not reflect the opinions
of ZAMMITTI LAW or any of its subsidiaries or affiliates.
ZAMMITTI LAW has no obligation whatsoever to monitor any of the content or postings on the
message boards, chat rooms or other public forums on the Sites. However, you acknowledge and
agree that we have the absolute right to monitor the same at our sole discretion. In addition, we
reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part,
for any reason and to disclose such materials and the circumstances surrounding their transmission to
any third party in order to satisfy any applicable law, regulation, legal process or governmental
request and to protect ourselves, our clients, sponsors, users and visitors.
Registration
To access certain features of the Site, we may ask you to provide certain demographic information
including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a
particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked
to register with us on the form provided and such registration may require you to provide personally
identifiable information such as your name and email address. You agree to provide true, accurate,
current and complete information about yourself as prompted by the Site’s registration form. If we
have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we
have the right to suspend or terminate your account and refuse any and all current or future use of the
Site (or any portion thereof). Our use of any personally identifiable information you provide to us as
part of the registration process is governed by the terms of our Privacy Policy.
Passwords
To use certain features of the Site, you will need a username and password, which you will receive
through the Site’s registration process. You are responsible for maintaining the confidentiality of the
password and account, and are responsible for all activities (whether by you or by others) that occur
under your password or account. You agree to notify us immediately of any unauthorized use of your
password or account or any other breach of security, and to ensure that you exit from your account at
the end of each session. We cannot and will not be liable for any loss or damage arising from your
failure to protect your password or account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING
OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR
SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE
AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED
BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR
LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR
AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR
ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE
DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE
SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS,
SERVICES AND/OR MATERIALS.
This site is continually under development and ZAMMITTI LAW makes no warranty of any
kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose.
With regard to financial content on the site:
NEITHER ZAMMITTI LAW NOR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES,
SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS
AND AGENTS ARE FINANCIAL ADVISERS AND NOTHING CONTAINED ON THE SITE IS
INTENDED TO BE OR TO BE CONSTRUED AS FINANCIAL ADVICE.
The education and information presented herein is intended for a general audience and does not
purport to be, nor should it be construed as, specific advice tailored to any individual.
The information contained in any program (including but not limited to content in any format) is
based on sources and information reasonably believed to be accurate as of the time it was recorded or
created. However, this material deals with topics that are constantly changing and are subject to
ongoing changes related to technology and the market place as well as legal and related compliance
issues. Therefore, the completeness and current accuracy of the materials cannot be guaranteed.
These materials do not constitute legal, compliance, financial, tax, accounting, or related advice.
The end user of this information should therefore use the contents of this program and the materials
as a general guideline and not as the ultimate source of current information and when appropriate the
user should consult their own legal, accounting or other advisors.
Any case studies, examples, illustrations cannot guarantee that the user will achieve similar results.
In fact, your results may vary significantly and factors such as your market, personal effort and many
other circumstances may and will cause results to vary.
ALL PRODUCT OR SERVICES ARE SOLD AND PROVIDED ON AN “AS IS” BASIS.
ZAMMITTI LAW LLC DOES NOT PROMISE OR GUARANTEE ANY INCOME OR
PARTICULAR RESULT FROM YOUR USE OF THE INFORMATION CONTAINED
HEREIN.THOSE RESULTS ARE YOUR RESPONSIBILITY AS THE END USER OF THE
PRODUCT. (SOME STATES DO NOT ALLOW LIMITED WARRANTIES, SO THIS MAY NOT
APPLY TO YOU.) IN PARTICULAR, ZAMMITTI LAW SHALL NOT BE LIABLE TO USER
OR ANY OTHER PARTY FOR ANY DAMAGES, OR COSTS, OF ANY CHARACTER
INCLUDING BUT NOT LIMITED TO DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL,
INCIDENTAL, OR OTHER COSTS OR DAMAGES, IN EXCESS OF THE PURCHASE PRICE
OF THE PRODUCT OR SERVICES. THESE LIMITATIONS MAY BE AFFECTED BY THE
LAWS OF PARTICULAR STATES AND JURISDICTIONS AND AS SUCH MAY BE APPLIED
IN A DIFFERENT MANNER TO A PARTICULAR USER.
Termination
We may cancel or terminate your right to use the Site or any part of the Site at any time without
notice. In the event of cancellation or termination, you are no longer authorized to access the part of
the Site affected by such cancellation or termination. The restrictions imposed on you with respect to
material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these
Terms of Service, shall survive.
Refund Policy
Your purchase of a product or service or ticket to an event may or may not provide for any refund.
Each specific product, service, event or course will specify its own refund policy.
Other
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright
owners who believe that material appearing on the Internet infringes their rights under the U.S.
copyright law. If you believe in good faith that materials hosted by ZAMMITTI LAW infringe your
copyright, you, or your agent may send to ZAMMITTI LAW a notice requesting that the material be
removed or access to it be blocked. Any notification by a copyright owner or a person authorized to
act on its behalf that fails to comply with requirements of the DMCA shall not be considered
sufficient notice and shall not be deemed to confer upon ZAMMITTI LAW actual knowledge of
facts or circumstances from which infringing material or acts are evident. If you believe in good faith
that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to
send to ZAMMITTI LAW a counter-notice. All notices and counter notices must meet the then
current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
ZAMMITTI LAW’s Copyright Agent for notice of claims of copyright infringement or counter
notices can be reached as follows: valerie@zammittilaw.com.
This Agreement shall be binding upon and inure to the benefit of ZAMMITTI LAW and our
respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights
hereunder may be assigned without the prior written consent of ZAMMITTI LAW Notwithstanding
the foregoing, all rights and obligations under this Agreement may be freely assigned by ZAMMITTI
LAW to any affiliated entity or any of its wholly owned subsidiaries.
Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of
New York.
Class Action Waiver
You may only resolve disputes with us on an individual basis, and may not bring a claim as a
plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class
actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside
over any form of a class or representative proceeding or claims (such as a class action, consolidated
action or private attorney general action) unless all relevant parties specifically agree to do so
following initiation of the arbitration.
Severability
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be
illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this
Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal
or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a
court.
