Terms of Use

EFFECTIVE DATE: June 14, 2024

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Please read these Terms of Use (“Terms”) carefully before using www.modernmarklaw.com (the “Website”), which is owned and operated by Abrams Law Group PLLC d/b/a Modern Mark (“us”, “we”, or “our”). The terms "you" or "your" refer to the user or viewer of the Website.

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USE OF THE WEBSITE AND THE RESOURCES

Your access to and use of the Website and the Resources is conditioned on your acceptance of and compliance with these Terms. By accessing and using the Website and the Resources in any way, you agree to be bound by these Terms.

 

If you disagree with any part of the Terms, then you MAY NOT access or use the Website or the Resources in any way.

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THIS WEBSITE ISN'T LEGAL ADVICE

We are Lawyers. We are NOT Your Lawyers. The Website is designed to provide information about us and the services we provide. The information contained on this Website is for informational and educational purposes only and may not be construed as legal advice.

In addition to the information found directly on the Website, original digital content may be delivered via Website download, email, our blog, our social media, and/or live and prerecorded videos and/or webinars (the “Resources”). These Resources are provided for informational and educational purposes as well.

 

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NO ATTORNEY-CLIENT RELATIONSHIP

Reading, listening to, and/or downloading this Website and the Resources or contacting us via this Website or otherwise will not create an attorney-client relationship between you and us.

 

You should not take any action based on the information you receive from our Website or the Resources without first consulting a licensed attorney in your state.

 

 If you wish to consult with us, we invite you to submit your information and documents for a free case evaluation. However, until we have agreed to represent you in any matter and you have signed an official agreement retaining us as your attorneys, no attorney-client relationship will be established.

 

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FEES

Any fees quoted on this Website or in any of the Resources are estimates only and are subject to change at any time.

 

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LICENSING INFORMATION

At the moment our attorneys are licensed to practice only in Texas and New York. The Website does not intend to advertise or solicit business in any other state.

 

However, for intellectual property matters (trademark, copyright, and patent) before the USPTO, the US Copyright Office, or any related federal agency we can represent clients nationwide.

 

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INTENDED AUDIENCE

To access or use the Website and the Resources, you must be 18 years of age or older and have the requisite power and authority to agree to these Terms. The Website is not intended for minors. Children under the age of 18 are prohibited from using the Website.

 

The Website and the Resources cover only United States law and apply only to US-based entrepreneurs or businesses.

 

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PRIVACY

Any information you provide to us on this Website or through the Platforms is governed by our PRIVACY POLICY, and by providing any such information you consent to all actions we take with respect to your information, as provided by that  Privacy Policy.

 

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LINKS TO OTHER WEBSITES

The Website or the Resources may contain links to third-party web sites or services that are not owned by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party web sites or services.

 

We do not endorse and are not responsible for content, statements, advice and opinions made by anyone other than authorized representatives of Modern Mark.

 

​You agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

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GOOGLE MAPS APIs

This Website may contain various Google Maps APIs. By using this Website and these features you agree to Google’s Terms of Service for the same.

 

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INTELLECTUAL PROPERTY

The Website and the Resources contain intellectual property owned by us including, without limitation, trademarks, copyrights, proprietary information and other intellectual property.

 

Copyright. Unless otherwise noted, the Website and the Resources, and anything found on the Website and the Resources, including, our logo, text, graphics, sound recordings, video recordings, designs, Website coding (HTML), and the general “look and feel” of the Website and the Resources are exclusive to us and are our copyrighted property.

 

You may download, copy and print the Resources, but ONLY for your personal, non-commercial use. When downloading, printing or copying any portion of the Website or the Resources, our copyright notice must be prominently displayed at the bottom of every page.

 

All other uses, including, downloading, copying, printing, editing, changing, publishing, selling, sharing or distributing the Website or the Resources, in whole or in part, whether for commercial or non-commercial purposes, is strictly prohibited, unless you have received express written consent from us before doing so.

 

You may request consent by e-mailing us at hello@modernmarklaw.com.

 

Trademark. Our name, logo, the phrase “we’re not your grandpa’s law firm” and any other mark that is used as a source indicator of Modern Mark are trademarks belonging to us. Unauthorized use of these names, logos, and phrases are strictly prohibited.

 

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DISCLAIMERS

• The information found on this Website or in the Resources is provided “as is” and may be subject to change, depending on any recent developments in the law. You must use your own judgment when viewing or otherwise accessing the Website and the Resources and when you do this, you are doing so at your own risk.
  
  While we do our best to make sure that the information found on the Website and in the Resources is accurate, complete, reliable, current and error-free, you must use your own judgment when viewing or otherwise accessing the Website and the Resources. You understand and agree that if you rely on this information, you do so at your own risk
  
  We make no representations or warranties regarding the accuracy, completeness, reliability, or currency of the information found on the Website or in the Resources, and to the fullest extent permissible by the law, we further disclaim all liability for the same.
  
  We are also not liable to you or any third-party, in any way, for any damages of any kind arising out of your access or use of the Website or the Resources.
  
  ANY LIABILITY THAT MAY SEEM IMPLIED IS EXPLICITLY DISCLAIMED.

 

• No results are guaranteed and prior results (as may be seen from past client testimonials, or otherwise,) do not guarantee similar outcomes.
   

• We do not represent or warrant that this Website, its servers, the Resources, or any messages, or emails sent from us or through this Website, any of the Platforms, or otherwise will be free of any harmful components (including viruses).
   

• Certain state laws might limit these disclaimers and warranty limits, so parts or all of this disclaimer might not apply to you.

 

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LIMITATION OF LIABILITY

You understand and agree that, as much as the law allows, we won't be responsible for any losses or damages you or others might experience related to your use of our Website and the Resources. This includes things like losing money, expected profits, business opportunities, contracts, data, or reputation, whether these losses were expected or not, and whether caused by negligence, breach of contract, or other reasons. However, this doesn't change any responsibilities we can't disclaim or limit under any applicable law.
 

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NO ASSIGNMENT

Your rights and obligations under these Terms may not be assigned to any other party.

 

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TITLES AND HEADINGS

The titles and headings that are used in these Terms are for reference purposes only and must not be used to interpret these Terms.

 

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CONSTRUCTION

The language in these Terms should be construed according to its fair meaning, and the normal rule of construction (i.e.: that any ambiguities are to be resolved against the drafting party) should not be used in the interpretation of these Terms.

 

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ENTIRE AGREEMENT

These Terms contain the entire understanding between you and us regarding your access to and use of the Website and the Resources.

 

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SEVERABILITY

Each provision in these Terms must be interpreted in a way that is valid under applicable law. If any provision is held invalid, the rest of the Terms will remain in full effect.

 

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LIMIT ON TIME TO FILE A CLAIM

Any claim you may have relating to these Terms or your use of the Website or the Resources must be commenced within one (1) year after the claim accrues, otherwise such claim is permanently barred.

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APPLICABLE LAW

These Terms will be governed by the laws of the state of Texas, without giving effect to any choice or conflict of law provision or rule.

 

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ARBITRATION, VENUE, AND CHOICE OF LAW

Any claim related to these Terms, the Website or the Resources, including any breach and the applicability and/or enforceability of this binding arbitration provision, will be settled exclusively by binding, non-appealable arbitration administered in the state of Texas by JAMS, NAM, or the American Arbitration Association. The judgment on the award rendered by the arbitrator(s) may then be entered in any court of competent jurisdiction.

The arbitration will be non-appearance based and will be conducted by telephone, video conference, and/or be solely based on written submissions, the specific manner to be chosen by the selected arbitrator.

The arbitration will be before one (1) qualified arbitrator who is either a retired judge or an attorney with at least ten (10) years of active practice in business or contract disputes.

Texas law will apply. Each party will pay its own legal fees and their proportionate share of arbitration fees.

This binding arbitration will be your sole remedy in the event of a dispute between you and us and you waive all rights to lead or participate in any lawsuit, including any class action lawsuit against us.

 

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CHANGES TO THESE TERMS

We may, from time to time decide, in our sole discretion, to revise and update these Terms without any notice to you. All changes will become effective immediately when they are posted.

 

Your continued use of the Website and the Resources following the posting of changed Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes.

 

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QUESTIONS OR CONCERNS

If you have any questions or concerns about these Terms, please do not hesitate to contact us at hello@modernmarklaw.com.