Terms + Conditions

 

This is a binding legal document that governs how you use the services on this website. You are not officially a company client until we've reviewed your request. Making an inquiry on our site does not create an attorney-client relationship.

To start...

These Terms + Conditions (this “Agreement” or these “Terms of Use”) govern your access to and use of the services offered by Philip F Weiss PLLC (the "Company" or "us") via philweisslaw.com (the "Services"), as well as all text, audio, video, images, graphics, materials, online communications, computer code, and other information and content that are or become available on this website (collectively, the “Content”).  We may refer to this website, and corresponding online services as "the Web Sites."

By using the Services, you (the “User” or "you") signify your acceptance of this Agreement and your acknowledgement that the information that you provide, directly or indirectly, through the Services will be managed in accordance with the Company's Privacy Policy.

IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SERVICES. 

SERVICES WE OFFER/attorney-client relationship/Payments generally

Our Services allow you to request and purchase legal services from the Company.   You may purchase Services from a "menu" of options on our website.

You have not formed an attorney-client relationship with the Company merely by requesting Services on this website.  If you request and pay the initial fee for legal services, the fee you pay will not be deposited into the Company's operating account until the Company has reviewed your request and determined that it will represent you.  Once the services you request are confirmed by the Company, the fee will be deemed earned and non-refundable unless you terminate our services prior to completion.

If we decline to provide Services, we will promptly refund to you your initial payment, with a confirmation that we will not be proceeding with the engagement.

 

We can change the services we provide, or the rates we charge, at any time by modifying this website. We will not retroactively change the price of services you've requested. We may run promotions to sell Services from time to time.

Changes & cancellation of Services

We may change or cancel our Services without prior notice. Any such changes will affect future offerings only, and will not change the nature of Services already requested or provided. 

You may cancel Services at any time as well. Upon cancellation, we will refund to you a percentage of any payments you made based on the percentage of completion.

If there's a service you need performed that is not listed here, you may contact us to inquire about fees and timeline for completion.  The terms and fees of providing such services will be solely determined by those separate communications.

Promotions

We may run promotional offers from time to time, the terms of which are promoted on our website or in emails.  Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point. 

Any promotion we provide for Services may have exclusions, limitations, reductions in benefits and terms under which it may be continued in force or discontinued. Your eligibility for any particular promotion or Service is subject to final determination by the Company. 

 

Once we've confirmed that we will represent you on a particular service, you are obligated to pay the applicable fees on the schedule provided before we begin work. If there's a dispute over fees, we may be obligated to mediate in New York City. 

Payment & Failure to Pay

 If applicable, you must pay the Company the fees according to the payment terms specified at the time services are ordered. 

If  you fail to pay any fees, the Company may, in its sole discretion, terminate, suspend or restrict provision of the Services. 

Expenses

Generally speaking, any expenses or filing fees are included in our advertised rates. However, sometimes we may need to hire outside experts or incur additional, unexpected expenses. We will always get your prior consent before incurring these expenses, and we will always bill them back at cost.

Disputes

Although we make every effort to bill fairly and clearly, occasionally, fee disagreements arise between attorneys and their clients. If there is any dispute regarding our fees, you may have the right to arbitrate that dispute pursuant to 22 NYCRR Part 137.

We can't read minds. When we perform services, we are only advising on what you've told us with respect to a specific scope of work.  Please be aware that information you share over the Internet is not 100% secure.

Please talk to us

We can only assist you with respect to issues and facts of which we are aware. We cannot anticipate every legal issue or question that might arise in the course of our engagement. Therefore, we cannot be held responsible for resolving or advising you on issues or problems which have not been brought to our attention.  

Please also understand that we're only licensed to practice law in New York and Massachusetts. We may, in turn, decline to provide advice with respect to other states' or nations' laws.

Finally, we advise a number of clients across many industries. These clients may be competitive with you without rising to conflict of interest. However, if a conflict of interest does arise, we remain free to either terminate representation or attain a waiver of that conflict (if waiveable).  

Privacy Practices & Online Communications

Ethical rules limit what client information attorneys may disclose to third parties.  We will keep your information confidential pursuant to our Privacy Policy and to the extent required by applicable rules and laws.  But please note that no communication over a network is 100% secure.  

When you fill out a form, our web host Squarespace will send us an email (via our Gmail servers) that we will respond to by return email.  What Squarespace or Google does with your information is not within our control, and you can find their privacy polices here:

Google Privacy Policy
Squarespace Privacy Policy

These terms apply generally to software services. In summary:

  • You may not use this site if you are under 18.

  • The content we provide is ours. The content you provide is yours.

  • Please don't hack this site or use it for something evil.

  • We're not guaranteeing any minimum level of service or outcome on this site.

  • You are solely responsible for your conduct on our site.

User Eligibility.  The Web Sites should only be accessed and used by individuals who agree to be bound by these Terms of Use and who are at least 18 years of age, and legally able to enter into a contract. 

Copyright.  All rights reserved. The material and images contained on the Web Sites are protected by copyright and are owned by the Company unless otherwise indicated. No material from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. 

Ownership and License.  The Content on the Web Sites is owned by the Company, its affiliates, and their respective licensors or other third parties and protected under the copyright, trademark and other laws of the United States and other countries sand international treaty provisions. We grant to you a limited, non-exclusive, non-transferable license to use the Web Sites in strict accordance with these Terms of Use and the instructions provided by us on the website. 

Restrictions on Use.  As a condition of your use of the Web Sites, you warrant to the Company you will not use it for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use this website in any way that could damage, disable, overburden or impair the the website or interfere with any other party’s use and enjoyment of it. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website. This includes without limitation the following activities: Provide false or misleading registration information, disclose your username or password to anyone else, or use an account, username, password, or personal information of another user; Harvest or collect information about any users of the website; Transmit or facilitate the transmission of any “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming” in connection with the website; Use any robot, spider, site search/retrieval application or automatic device to retrieve, index “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the website or any Content; Modify the Content or hack into or access the Company's servers in an unauthorized manner; Upload or input to the website any information that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept, or expropriate any portion or system of this website. 

Passwords and Security.  Certain aspects of the Web Sites may require registration. You agree that if you are issued a username and password in connection with access to or use of any of the Web Sites, you are responsible for keeping such information secret and strictly confidential. You accept responsibility for all activities that occur under your username and/or password, including, without limitation, all communications, submissions or financial obligations. You are responsible for changing your password if you believe that your password or user name has been lost, stolen or might otherwise by misused. You agree to notify us immediately of any unauthorized use of your username or password or if any other breach of security is suspected by you. 

External Links.  The Web Sites may provide links to other web sites or resources which are not maintained or controlled by the Company (collectively “Linked Sites”). The Company is neither responsible for, nor aware of, the content of those Linked Sites. The inclusion of any hyperlinks to Linked Sites does not imply approval of or endorsement by the Company of those Linked Sites, or content, products and services offered on those Linked Sites. The Company expressly disclaims any responsibility for the content, copyright compliance, accuracy of the information and/or the quality of the goods or services provided by or advertised on any Linked Sites, and in no event shall the Company be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods or services available on any Linked Sites. Any concerns regarding any Linked Sites should be directed to that respective website, rather than to the Company or the Web Sites. You are cautioned to read the terms of use and privacy polices provided on any Linked Site before using the Linked Site. 

Disclaimer of Warranties.  THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEB SITES OR THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH THE WEB SITES.  THE LAW IS A PERSONAL MATTER, AND NO GENERAL FROM PROVIDED ON THIS WEBSITE IS APPROPRIATE IN EVERY CIRCUMSTANCE.  ALL INFORMATION AND USE OF THE WEB SITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE WEB SITES, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE WEB SITES, INCLUDING ALL EXPRESS, STATUTORY AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE WEB SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEB SITES ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL COMPONENTS. YOUR USE OF THE WEB SITES IS SOLELY AT YOUR OWN RISK. USER EXPRESSLY AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. SHOULD USER PURCHASE A COMPANY PRODUCT FROM THE COMPANY OR A THIRD PARTY, THE TERMS AND CONDITIONS OF SALE APPLICABLE TO THAT TRANSACTION WILL GOVERN SUCH PURCHASE AND USE OF THE WEB SITES DOES NOT AFFECT THAT PURCHASE IN ANY MANNER. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION. 

Indemnification. You agree to defend, indemnify and hold harmless the Company, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, sales associates, proprietors, partners, shareholders, principals, agents, predecessors, successors and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including attorney’s fees and litigation expenses) relating to or arising from your use of this website, any breach by you of these Terms of Use, your negligent or intentional acts, errors or omissions in regard to the subject matter of these Terms of Use, or your failure to comply with applicable laws in your use of this website.