Effective as of November 1, 2021

By browsing or otherwise using the website www.attorneylawny.com (the “Website”) provided by Donaldson Legal Counseling PLLC (“the Company,” “We”, “Us” or “Our”), you (“the User,” “You” and “Your”) agree to be bound by these Terms and Conditions. Additionally, You acknowledge, agree and consent to the Company’s data practices as described in the Privacy Policy, linked here. You agree that your permission to use the Site is conditioned on compliance with these Terms and Conditions, and is subject to suspension or revocation by the Company.In these Terms and Conditions, “include” or “including” means “including but not limited to,” and any examples given are for illustrative purposes.

The content of this Website is intended to convey general information about the Company. It should not and may not be relied upon for legal advice. Use of this Website does not create an attorney-client relationship between You and the Company. This Website is not an offer or agreement to represent the User. E-mails sent to the Company, or its lawyers through the Contact page or at e-mail addresses listed on the Website do not imply or create an attorney-client relationship and may not be confidential. Please do not send information that You regard as confidential unless You have established a formal attorney-client relationship with Donaldson Legal Counseling PLLC.

The Company makes no warranties, representations or claims with respect to any of the information on this website. We try to maintain current information, but do not guarantee the currency, accuracy or completeness of the information. By using this website, You agree that Donaldson Legal Counseling PLLC shall not be responsible or liable for damages which may result from Your access to or use of this website or information on this website.

We ask you kindly please read this Agreement carefully and make sure You understand it. If You do not understand the Agreement, or do not accept any part of it, You may not use the Website

In accessing or using the Website, You affirm that You (i) are more than 18 years old, or an emancipated minor, or possess legal parental or guardian consent, (ii) are fully able and competent to understand and enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions and the Privacy Policy, and (iii) agree to comply with these Terms and Conditions and the Privacy Policy.

Users may not use the material on this website for anything other than personal informational purposes. If You seek to use the material on the Website for any other purposes, You must obtain written permission from Tiffany Donaldson, Esq. Please contact Donaldson Legal Counseling PLLC at counsel@dlcesq.com to request permission.

If users are interested in legal representation they should kindly call, e-mail, or otherwise contact us so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. Information submitted to us by e-mail or otherwise will not be considered confidential absent an express written agreement by our company to maintain your information in confidence. We reserve the right to decline any representation and may be required to decline representation if it would create a conflict of interest with any of our current and former clients.

We reserve the right, in our sole discretion, to change, modify, add or remove the terms, conditions and notices of the Website, at any time. Please note Your responsibly to periodically check the Website for any changes We may make to these Terms and Conditions. Continued use of this Website following the effective date of changes to these Terms and Conditions or other policies implies that You accept and consent to the changes.

Public areas of the Website may be intended to facilitate open communication and discussion. When You post, submit, share, disseminate, or respond to User Generated Content, You agree that:

• The User Generated Content will not (i) be defamatory, harassing, threatening, obscene, pornographic, or invasive of privacy, (ii) be illegal, encourage illegal activity, violate of the rights of others, or otherwise give rise to liability, (iii) be confidential or proprietary, or infringe any third-party intellectual property rights and, (iv) in particular, be copyright-protected (unless you have full permission to publish it under the terms hereof from the copyright owner).
• Users are solely responsible for the User Generated Content and failure to comply with the foregoing.
• We reserve the right to block any User that We determine, at Our sole discretion, has violated these Terms and Conditions or acted in an inappropriate manner in any way.
• We have the right (but assume no obligation) to monitor, delete, move, or edit any User Generated Content that We consider inappropriate or unacceptable for any reason.
• Users grant to Us, and to each User of the Website, a global, nonexclusive, unlimited license to publish, reproduce, sell, display, perform, disclose, distribute, use, edit or modify the User Generated Content, and any ideas, concepts or techniques embodied in the User Generated Content, for any purpose whatsoever, and Users waive any and all moral rights they may have in the foregoing.

As a condition of accessing the Website, User warrants that User will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. User agrees to comply with all applicable laws, including, but not limited to, all U.S. state laws, Federal laws, privacy laws, intellectual property laws, regulatory requirements, etc. Usage of the Website in a professional manner is mandatory, and User may not use the Website in any manner that may damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the site. Users may not obtain or attempt to obtain information or any materials through any means that are not intentionally made available or provided through the Website.

User is prohibited from utilizing any robot, spider, other automatic device or manual process to monitor or copy aspects of the website or the contents or information contained therein without our prior express written consent. In addition, User agrees User will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except any information in which the user has an ownership interest) from the Website without Our prior express written consent or the written consent of any necessary third party

The information the User will provide to Us (i) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; and (ii) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our ISPs or other suppliers.

In the event that You gain access to information or material not intended to be accessed by You, You agree that You will immediately notify us and destroy all copies of such information in Your possession and not forward such information to any third parties. For this notice We may be contacted at counsel@dlcesq.com.

We do not claim ownership of the materials or information You provide Us, post, upload, input or submit to the Website or our associated services. All personal information provided to this Website will be handled in accordance with the Website’s online Privacy Policy the terms of which are incorporated into these Terms and Conditions.

By posting, uploading, inputting, providing or submitting Your information, You warrant and represent that You own or otherwise control all of the rights to Your Submission as described in this section including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Submissions.

Other than as expressly stated in this agreement or as required by law, our Website is provided “as is” and we do not make any specific commitments or warranties about our Website. In the course of using the Website, You may submit Your personal data and/or the personal data of others. It is Your responsibility to ensure this information is accurate and up-to-date.

Our Website may contain links to other websites that are not owned, operated, or controlled by Us (“Third-Party Websites”). These Third-Party Websites are not under Our control and We are not responsible for the contents of any Third-Party Website that You may access from a Link on Our Website. We aim to provide links to reputable Third-Party Websites as a convenience; However, We do not imply that We endorse any aspect of the Third-Party Website or any association with its operators. By clicking on the Third-Party link, you are entering the Website of the Third-Party at Your own risk. We reserve the right to disable or delete links to any Third-Party Websites at any time. Be aware that Third-Party websites may send their own cookies to Users, collect data, solicit personal information, or contain information that may be inappropriate or offensive. We do not guarantee the satisfaction of the products or services of the content of the Third-Party Websites or products or services that You may purchase from a Third-Party Website.

We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any Third Party after leaving Our Website, and You hereby irrevocably waive any claim against with respect to such websites and Third-Party products and/or services. We strongly encourage Users to proceed cautiously with any online or offline transaction with any of these Third Parties and make any investigations deemed necessary and/or appropriate beforehand.

Changes are periodically added to the information on our Website. We may make improvements and/or changes in the Website at any time. By browsing, clicking on, or otherwise utilizing the Website, You agree that the Company is not liable for Your use of the Website.

The Company Makes No Representations and Grants No Warranties, Express or Implied, Either In Fact Or By Operation Of Law, By Statute Or Otherwise, Under This Agreement, And the Company Specifically Disclaims Any Other Warranties, Whether Written Or Oral, Or Express Or Implied, Including Any Warranty Of Quality, Merchantability Or Fitness For A Particular Use Or Purpose Or Any Warranty As To The Non-Infringement Of Any Intellectual Property Rights Of Third Parties Under This Agreement.

To the maximum extent permitted by applicable law, in no event shall the Company and/or its agents, employees, owners, or Third-Party content providers, be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, 5 without limitation, damages for errors, omissions, interruptions, defects, delays, computer viruses, loss of use, data or profits, unauthorized access to and alteration of your transmissions and data, and other tangible and intangible losses, arising out of or in any way connected with the use or performance of the Website, with the delay or inability to use the Website or related services, the provision of or failure to provide services, or from any actions we take or fail to take as a result of email messages or other communications You send Us, or for any information, software, products, and/or services ordered or obtained through the Website, or otherwise arising out of the Use of the Website, whether based on contract, tort, negligence, strict liability or otherwise, even if We have been advised of the possibility of damages

As some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to some Users. If You are dissatisfied with any portion of the Website, or with any of these terms of use, Your sole and exclusive remedy is to discontinue using the Website.

If the Website or a portion of the Website is incapable of running efficiently because of an issue, including but not limited to, computer virus infections, bugs, tampering, intervention, fraud, technical errors, or any other causes that may serve to corrupt or affect the security, fairness, integrity, or conduct of the Website, We reserve the right in Our sole and absolute discretion, to prohibit Users or any other individual or entity from using our Website, and to cancel terminate, modify or suspend the Website or portion of it and void such information.

We reserve the right to cancel or modify any order for services, or services, when there is reasonable belief that a User has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the purchases or reservations contain or resulted from a mistake or error.

Our company reserves the right, in our sole discretion, to terminate Your access to this Website and the related services for any reason, without prior notice.

Access to parts of the Website are restricted to authorized persons. If You believe You have been granted access to any document or file by mistake, You should exit the restricted section immediately and contact Us as soon as possible. Parts of the Website may utilize encryption technology. Despite the encryption technology in place, We cannot guarantee that unauthorized individuals will not be able to access confidential information hosted on or downloaded from the sites. Documents and files hosted on the Website are confidential. Only those authorized to read these documents and files can be distributed. If You believe that You have been granted access to a document or file by mistake, You must not download it, copy it, or use it for any purpose or disclose its contents to any other person.

All materials contained in the Website are copyrighted property of the Company and/or third-party licensors. No material from the Website may be copied, reproduced, republished, uploaded, 6 posted, transmitted, or distributed in any way. We prohibit the use of any such material on any other Website, Internet, intranet, extranet or other site or computer environment. All trademarks, service marks, trade names and trade dress are proprietary to the Company. Users may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our prior express written consent. Users may not use any meta tags or any other “hidden text” utilizing Our name, trademarks or other proprietary information without our prior express written consent. We consider Our copyrights and trademarks to be valuable assets, and take infringement of them seriously. Additionally, we comply with the applicable provisions of the Digital Millennium Copyright Act (DMCA). All rights are reserved.

If you believe that your work has been copied in a way that constitutes copyright infringement via its display on, or other use by, the Company, Users may submit a notice pursuant to the DMCA by providing the City’s DMCA Designated Agent with the following information in writing (Title 17, U.S.C. § 512):

• a physical or electronic signature of a person authorized to act on behalf of the owner of an
  exclusive right that is allegedly infringed;
• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit our company to locate the material;.
• information reasonably sufficient to permit our company to contact you, such as an address, telephone number, and, if available, an email address;
• a statement that you (and, if applicable, the person or entity on whose behalf you are acting) have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You do not have the right to post material to the Website unless given such right by the Company. If We have given You permission to post an array of material to Our website, and the specific material You posted has been taken down pursuant to the DMCA, You may submit a counter-notice pursuant to the DMCA by providing the City’s DMCA Designated Agent with the following information in writing:

1. 1. your physical or electronic signature;
   2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
   3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
   4. your name, address, and telephone number, and a statement that you consent to the jurisdiction of the United States federal district court for the judicial district in which your address is located, or if your address is outside of the United States, that you consent to the Eastern judicial district in which jurisdiction of our company may be found, and that you will accept service of process from an agent of such person.

B. You acknowledge that if You fail to comply with all of the above requirements for a DMCA Notice/Counter-Notice (as applicable), Your Notice/Counter-Notice may not be valid.

The Company’s Designated Agent, Tiffany Donaldson, Esq., under the DMCA can be reached via email at counsel@dlcesq.com.

C. For clarity, only DMCA notices should go to the Designated Agent.

The trademarks and logos displayed on the Website are registered and unregistered trademarks of the Company and/or Third-Parties. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Websites without our written permission or permission of the Third Party that may own the Trademark displayed on the Website. Any rights not expressly granted herein are reserved.

As between You and the Company, all right, title and interest in these websites (including all copyrights, trademarks and other intellectual property rights) belongs to Us. In addition, the names, images, pictures, logos, icons and other marks identifying Our products and services are proprietary marks of the Company. Except as expressly provided below, nothing contained herein should be construed as conferring any license or right, by implication, estoppel, or otherwise, under the copyright or other intellectual property rights.

Except as expressly provided herein, no part of the Website, including but not limited to materials retrieved and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means. In no event should materials from the Website be stored in any information storage and retrieval system without prior written permission from the Company.

Permission requests may be sent to:

Donaldson Legal Counseling PLLC
1270 Avenue of the Americas
7th Floor-1007
New York, NY 10020
E-mail: Counsel@dlcesq.com

By using this Website, You agree to indemnify the Company from and against any and all damages, liabilities, demands, claims, fines, losses, expenses, penalties or costs incurred by the Company due to your proper and/or improper use of the Website, including reasonable attorneys’ fees and court costs. Claims include but are not limited to those arising or resulting in any way from the violation of these Terms and Conditions, services provided, or any related act or failure to act or claims arising from Your use of the Website, including, without limitation, claims related to User infringement of intellectual property rights, including copyright, patent, trade secret, trade mark, artist rights, moral, privacy, publicity or rights under other intellectual property laws.

If You cause a technical disruption of the Website or the systems transmitting the Website to others, whether or not such is intentional, You agree that You are responsible for any and all losses, liabilities, expenses, damages, and costs, including attorney’s fees and court costs incurred by the Company, arising or resulting from the disruption, including but not limited to damages, expenses, and costs incurred by the Company lawsuits brought by third-parties related thereto, reasonable attorney’s, professional fees, and court fees and costs.

(Electronic Communications Privacy Act Notice (18 U.S.C. 2701-2711))
The Company makes no guarantee of confidentiality or privacy of any communication or information transmitted on the Website or any Third-Party Website linked to it. You agree that We are not liable for protecting the privacy of any information entered into the Website by You, including but not limited to e-mail address registration and identification information, disk space, communications, confidential or trade secret information, or any other content transmitted over networks accessed by the Website, or otherwise connected with Your use of the Website.

To the maximum extent permitted by law, these Terms are governed by the laws of the State of New York and users hereby consent to the exclusive personal and subject matter jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of this website. Users also agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the United States District Court for the Eastern District of New York, if there is no federal jurisdiction over the action, in the courts of the State of New York located in Kings County, New York. Users hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You and the Company agree that that any cause of action arising out of or related to Your use of the Website or these Terms and Conditions must commence within (1) year from the date that the 9 incident leading to the cause of action first occurs. Otherwise, such cause of action is permanently barred.

User represents and warrants that User has the legal right, power and authority to agree to the Terms and Conditions herein on behalf of itself. Website User agrees that clicking to accept these Terms and Conditions and/or User’s use, browsing, or clicking on the Website constitutes acceptance of the Terms and Conditions herein and is an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act (E-Sign)” and the Uniform Electronic Transactions Act (“UETA”). The User further agrees that User has formed, executed, entered into, accepted the terms of, acknowledged, authenticated, and subsequently agreed that these Terms and Conditions are an electronic record for purposes of E- Sign, UETA and the Uniform Computer Information Transactions Act and are valid, enforceable, binding, have legal effect, and are nonrefutable

The Company, and its Licensors, own the software that runs on the Website. Unless permitted by applicable laws, You must not copy, download, distribute, modify, or de-compile said software without Our consent. Additionally, the content of the website is Copyright protected. You agree that You shall not distribute, transmit, reuse, repost, modify, or use the content of the website for public or commercial purposes, including without limitation, the text and images, without written permission from Tiffany Donaldson. Contact counsel@dlcesq.com to request permission.

If any provision of these Terms and Conditions shall be found invalid or unenforceable, the remainder of these Terms and Conditions shall remain enforceable and shall be interpreted so as best to reasonably effect the intent of the Parties.

This Website is intended to be compliant with the American With Disabilities Act. The Company recognizes that software is fickle and accessibility could be interfered with unintentionally. Therefore, if User, for any reason, finds the Website inaccessible, User shall notify the Company immediately. The Company will take all actions necessary to fix any issues with the Website to make it accessible. By utilizing this site, you agree to first notify the Company of any inaccessibility issues, and you must take all steps on your end to make the site accessible, or else any claim of inaccessibility shall be null and void. You agree that this is reasonable and is not against public policy.

If there are any questions regarding this policy, your privacy, or our policies, or you want to provide notice of any incident for any reason, you may contact us at: counsel@dlcesq.com

Donaldson Legal Counseling PLLC
c/o Tiffany Donaldson, Esq.
1270 Avenue of the Americas
7th Floor-1007
New York, NY 10020
(301) 332-2354