We appreciate your visit to the website or mobile application for the Derek Smith Law Group, PLLC (DSLG) and its affiliates. These Terms of Use (“Terms of Use” or “Terms”) are a legal and binding agreement between you and DSLG governing your access to and use of the website located at https://discriminationandsexualharassmentlawyers.com, any websites that DSLG 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.
The Site, or the information contained herein, is not an offer to perform services or provide legal advice on any matter. This Site contains general information from a variety of sources and might not reflect the most current legal developments, verdicts or settlements. We do not make any claims or promises to update material on our Site to reflect the most recent legal or other related developments.
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 (877) 469-5297 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 constitutes 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.
Permissible Site Use
DSLG 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.
DSLG 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 DSLG technology and know-how (“DSLG Technology”) are owned by or licensed to DSLG 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 DSLG 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 DSLG Intellectual Property Rights, whether by estoppel, by implication, or otherwise. You are strictly prohibited from using any DSLG intellectual property except as expressly provided in these Terms of Use. You are also advised that DSLG 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 below:
DSLG respects your privacy and is committed to complying with this privacy policy (“Privacy Policy”), which describes what information we collect about you, how we use it, with whom we may share it, and what choices you have regarding our use of your information. This Privacy Policy applies to information collected on our website located at https://discriminationandsexualharassmentlawyers.com, any webpage that DSLG maintains, any current or future mobile applications associated with DSLG or the website, and other online or wireless offerings that post a link to our Terms and Conditions (collectively, the “Services”).
Types of information we collect
While using our Services, including contacting us or applying for a position, we may ask you to provide us with personal information including your name, e-mail, phone number, and zip code. Certain features of the website and/or mobile application may allow you to upload personal information. Further, where expressly designated by DSLG, some portions of the Services may be used by active DSLG clients to communicate pursuant to an attorney/client relationship. You have the choice to provide or deny such information; however, the personal information may be required to respond to your request for contact or information.
We and our third-party providers may also use cookies and other technologies such as log files, tracking pixels, and analytic tools and services to collect information automatically from you. Such information includes your IP address, location information, the type of the web browser and operating system you use, browsing activities, usage information, and any other information that your web browsing software or Internet Service Provider automatically provides to our Services.
Cookies
We use cookies to collect information from you regarding your usage of the Services in order to remember user preferences and settings, personalize your experience with the Services, and for security purposes. You may opt-out of the automatic collection of some information by referring to your web browser’s or mobile device’s options or settings menu. However, doing so may disable many of the portions, features, or functionality of the Services. Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.
Online analytics
We may use third-party analytics tools, such as Google Analytics, in order to better understand your use of our Services and how we can improve them. These tools collect information sent by your browser or mobile device, including the pages you visit and other useful information. For more information regarding how Google collects, uses, and shares your information please visit http://www.google.com/policies/privacy/partners/. To prevent data from being used by Google Analytics, you can download the opt-out browser add-on at: http://tools.google.com/dlpage/gaoptout?hl=en.
How we may use your information
We may use the information we collect:
- to facilitate your requests for a free case evaluation and determine your legal needs;
- to provide you with the legal services you request;
- to create and manage your case file;
- to respond to your inquiries and communicate with you, including placing calls or sending texts and emails;
- to send you newsletters, legal updates, event information, marketing communications, and other information that may interest you about our firm and cases we won;
- to operate, troubleshoot, and improve the Service we are offering;
- to understand how people are using the Services, including by generating and analyzing statistics;
- to improve and customize communications and advertisements;
- to evaluate, recruit, and hire personnel;
- to enforce our Terms of Use;
- to comply with applicable laws, regulations, and legal processes; and/or
- to protect our rights or property, and the security and integrity of our business, the Services, users, and our third-party business partners and service providers.
How we may share your information
DSLG may share your information with third-party service providers that perform services on our behalf, such as web-hosting companies, mailing vendors, analytics providers, event hosting services, and information technology providers.
DSLG may disclose aggregate, redacted information (such as information stripped of identifying properties) to third parties in connection with internal analysis or marketing.
DSLG may share, with your consent, your information with other law firms and/or other lawyers where we jointly represent a client or when we refer cases or potential cases to other counsel. Information provided pursuant to an attorney/client relationship may not be shared with third parties except as is done with such precautions to preserve the confidentiality of such information and any attorney/client privilege as may attach to such information.
DSLG may disclose personal data to comply with laws, regulations or other legal obligations, to assist in an investigation, to protect and defend our rights and property, or the rights or safety of third parties, to enforce our Terms of Use or Privacy Policy or agreements with third parties, or for crime-prevention purposes.
DSLG may disclose your information to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a transaction in which DSLG is acquired by or merged with another business, or we sell, liquidate, or transfer all or a portion of our assets.
DSLG may otherwise disclose your information as per your consent.
MARKETING OPT-OUT OPTIONS
If you no longer wish to receive marketing communication from us, you can let us know by sending an email to derek@dereksmithlaw.com or by mail at the address provided in our “Contact Us” section of the Site. The electronic marketing communications we send may also contain an opt-out link. Please note that it may take up to 10 calendar days to remove your contact information from our marketing communications lists, so you may receive correspondence from us for a short time after you make your request. Please also contact us to update or correct your information if it changes or if you believe that any information that we have collected about you is inaccurate.
Information security
DSLG takes commercially reasonable measures to secure and protect the information we collect. Nevertheless, no security system is impenetrable. We cannot guarantee the absolute security of your information. Moreover, we are not responsible for the security of information you transmit to us over networks that we do not control, including the Internet and wireless networks.
Linked websites
This Privacy Notice does not apply to third-party websites or social media features that may be accessed through links that we provide for your convenience and information. Accessing those links will cause you to leave DSLG’s website and may result in the collection of information about you by a third party. We do not control, endorse or make any representations about those third-party websites or their privacy practices, which may differ from ours. We encourage you to review the privacy policy of any site you interact with before allowing the collection and use of your information.
Do not track requests
California and Delaware laws require that we indicate whether we honor “Do Not Track” settings in your browser concerning targeted advertising. “Do Not Track” is a standard that is currently under development. As it is not yet finalized, we adhere to the standards set out in this Privacy Policy and do not monitor or follow any Do Not Track browser requests.
Using the services from outside the united states
If you are using the Services from outside of the United States of America, please be aware that your information may be transferred to, stored or processed in the United States, where our servers our central database is located. The data protection and other laws of the United States might not be as comprehensive as those in your country. By using any portion of the Services, you understand and consent to the transfer of your information to our facilities in the United States and those third parties with whom we share it as described in this Privacy Policy.
Children’s privacy
We do not knowingly solicit or collect personally identifiable information online from children under the age of 13. Please contact us in the “Contact Us” section or via email at derek@dereksmithlaw.com if you believe we may have collected such information without parental or guardian consent.
Changes to this privacy policy
DSLG may change this Privacy Policy from time to time to reflect changes in our practices or applicable law. Such changes will be effective upon posting the revised Privacy Policy section on our Terms and Conditions page. You will be able to tell when this Privacy Policy was last updated by the Last Updated date included at the top of this page. By continuing to use our Services, or communicating electronically with us thereafter, you agree to accept such changes to this Privacy Policy.
Restrictions on Use
You agree not to:
- reproduce, distribute, publicly 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 DSLG 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 DSLG 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 DSLG, 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, our firm, our brand, our business partners and licensors, or any other person or entity, or that violates these Terms of Use and/or applicable laws.
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 on 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. DSLG 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 DSLG by Internet, e-mail, or through the Site does not constitute or create an attorney-client relationship between you and any attorney. 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”. DSLG 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, DSLG 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.
Confidentiality is Not Guaranteed
Information sent to DSLG via Internet, e-mail, or through the Site is not secure and is done so on a non-confidential basis. DSLG 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.
DSLG Is Not Responsible for Content; Limitation on Liability
DSLG may periodically change, remove, or add the material on the Site without notice. This material may contain technical or typographical errors. DSLG DOES NOT GUARANTEE ITS ACCURACY, COMPLETENESS, OR SUITABILITY. DSLG 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 DSLG 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 DSLG 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 websites
The Site contains links to third-party websites, such as social media links, for the convenience of our users. DSLG does not endorse any of these third-party sites and does not imply any association between DSLG and those sites. DSLG 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 websites, you do so at your own risk. DSLG is not responsible for the contents or availability of any linked sites. These links are provided only as a convenience to the user. 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 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
DSLG attorneys are licensed to practice law only within the states of New York, New Jersey, Florida, and Pennsylvania. DSLG may refer prospective clients to other law firms located throughout the country, who form relationships with DSLG, and are experienced in handling such cases. DSGL 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. For instance, The Statute of Limitations, which is the time limit you have to file a lawsuit, can vary from state to state. If your claim does not get filed in that time limit, you may have a case thrown out of court. Therefore, if you have an incident, you should consult an attorney as soon as possible to make sure you are getting the appropriate advice for your specific claim.
DSLG Clients
Only individuals who have entered into a mutually signed retainer agreement with DSLG are DSLG clients (“DSLG Clients”).
California DSLG Clients
Any cases and business handled in California are handled exclusively through Derek Smith Law Group, LLP, an entity completely distinct from Derek Smith Law Group, PLLC.
Legal and Ethical Requirements
DSLG 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, Derek Smith Law Group, PLLC. designates its office in New York, NY (USA), One Penn Plaza, Suite 4905 and attorney Derek Smith.
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. DSLG 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.
California – This testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Rule 1-400, Standard (2)
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.
Missouri: 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 New York, 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 DSLG an unrestricted, irrevocable, perpetual, transferable, sublicensable, 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 DSLG and grant the licenses as described above; (b) DSLG 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.
DSLG 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 New York, New York County, New York. 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 maybe specifically enforced by legal proceedings. The 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 remedy 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 or several arbitrators as opposed to a judge or a jury.
International Use
The Site is controlled, operated, and administered by DSLG from offices within the United States of America and is only intended for use therein. We make no representation regarding the 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 is determined to be unenforceable, in whole or in part, such provision shall be enforced to the maximum extent permissible to provide the intended effect thereof, and the remainder of these Terms of Use and Privacy Policy shall continue in full force and effect. DSLG’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 DSLG, hereof, will be deemed effective unless in writing. These Terms of Use, together with our Privacy Policy as discussed in our Terms of Use, as currently posted, constitute the entire agreement between DSLG 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 DSLG and DSLG Clients.
DSLG 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 ©2019 Derek Smith Law Group, PLLC. All rights reserved. All materials presented on this site are copyrighted and owned by Derek Smith Law Group, PLLC, 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.
