Terms & Conditions

Terms & Conditions

Welcome to Jaffe Raitt Heuer & Weiss, P.C.’s (“Jaffe”) website (the “Site”). Jaffe is a professional corporation organized under the laws of the State of Michigan (USA). These Terms (“Terms”) govern your use of the Site. The Site includes Jaffe’s main website, www.jaffelaw.com, and its affiliated blogs accessible through menu links on our main website. By accessing this Site, you acknowledge that you have read, understood and accept these Terms.

1. Disclaimer of Attorney-Client Relationship

No Legal Advice or Attorney-Client Relationship: Unless otherwise stated, Jaffe prepared the website and any materials provided through it for informational purposes; it is not legal advice. Jaffe does not intend this information to create, and your receipt of it does not constitute an attorney-client relationship. You should not act on this information without seeking advice from an attorney licensed in your state or country. Do not send us confidential information until you speak with one of our attorneys and receive our authorization to send that information to us. Providing information to Jaffe (via e-mail links or contact forms on the Site) will not create an attorney-client relationship absent an express agreement by Jaffe to create such a relationship, and will not prevent Jaffe from representing someone else in connection with the matter in question or a related matter. If you wish to become a client of Jaffe, you must contact a Jaffe attorney and negotiate an engagement. The Site is not an invitation to form an attorney-client relationship.

2. User Conduct

You agree:

1. You will not use the Site for any illegal purpose.
2. You will not harvest, collect or otherwise use the contact information provided on the Site to send unsolicited improper communications, including unsolicited bulk email (collectively, spam), and you will not use any Jaffe communications facility to deliver or attempt to deliver spam;
3. You will not attempt to gain unauthorized access to the Site or the servers and networks associated with the Site;
4. You will not use the Site in any manner designed to degrade the performance or functioning of the Site, including launching Denial-of-Service (DoS) attacks against the Site;
5. You will not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit the Site, or make the Site or its content available to any third party, other than as permitted by these Terms;
6. You will take no action to falsely imply any sponsorship or association with Jaffe;
7. You will not use the Site in violation of any person’s privacy rights or infringe any person’s intellectual property rights;
8. You will not attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software making up the Site;
9. You will not use the Site to knowingly post, upload, link to, send or store any content that is unlawful, racist, hateful, obscene, discriminatory, or contains any viruses, malware, Trojan horses, time bombs, or any other similar harmful software;
10. You will not use automated scripts to collect information from or otherwise interact with the Site; and
11. You will not deep-link to the Site (other than Jaffe’s home page) for any purpose unless authorized in writing by Jaffe.

3. Disclaimer of Warranties and Limitation of Liability

The Site, and all information available on or accessed through the Site, is provided “AS IS” without warranty of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose or non-infringement. Jaffe periodically adds, changes, improves or updates the information and documents on the Site without notice. Jaffe assumes no liability or responsibility for any errors or omissions in the content of the Site. Your use of the Site is at your own risk. Under no circumstance and under no legal theory will Jaffe, its vendors or any other party involved in creating, producing or delivering the Site’s contents be liable to you or any other person for any indirect, special, incidental or consequential damages of any character arising from your access to, or use of, the Site. 

4. IRS Circular 230 Disclosure

To comply with certain U.S. Treasury regulations, Jaffe informs you that unless stated otherwise, any U.S. federal tax advice in the Site, including this communication, was not intended or written to be used, and cannot be used, by any taxpayer to avoid any penalties that may be imposed on such taxpayer by the Internal Revenue Service. And, if any such tax advice is used or referred to by other parties in promoting, marketing or recommending any partnership or other entity, investment plan or arrangement, then (a) the advice should be construed as written in connection with the promotion or marketing by others of the transaction(s) or matter(s) addressed in this communication or on the Site, and (b) the taxpayer should seek advice based on the taxpayer’s particular circumstances from an independent tax advisor.

5. Links to External Websites

The Site may contain links to, or otherwise allow you to connect to, access or use the third-party provided information, products, services or software under separate terms (collectively, “Third-party Services”). Your use of such Third-party Services is governed solely by the terms of such Third-party Services; Jaffe does not endorse, is not responsible for, and makes no representations as to such Third-party Services, their content or how they handle your data. Jaffe is not liable for any damage or loss caused or alleged to be caused by your access or use of any such Third-party Services, or your reliance on the privacy practices or other policies of such Third-party Services.

6. Ownership of Site/Limited License

1. Copyright: Jaffe claims a copyright in its works presented on or through the Site. Jaffe authorizes you to view, copy, download and print Jaffe documents on this Site subject to these conditions:

1. 1. You may use the documents only for personal, noncommercial and informational purposes;
   2. You may not modify the documents;
   3. This copyright notice and permission notice must appear in each document: “© Copyright 2017 Jaffe Raitt Heuer & Weiss, PC. All rights reserved. Jaffe documents available from this Site are protected by the copyright laws of the United States and international treaties. All use is subject to Terms at www.jaffelaw.com/terms.”
2. Commercial Use of Jaffe Site Materials: Reproduction, copying or redistribution of materials on the Site for commercial purposes is prohibited without the express written permission of Jaffe. To request permission to copy portions of the Site, email privacy@jaffelaw.com with this information:

1. 1. Your name, title, company, address, email address and telephone number;
   2. The Jaffe content you seek to use;
   3. Where and how it will be used;
   4. Where and how copies will be distributed;
   5. The audience you intend on distributing the content to;
   6. The date you intend to publish the content; and
   7. The source of any other content you intend to publish with Jaffe’s content.
2. Jaffe will review your request and advise you if your request is approved. If you receive no response to your request, consider your request denied. Jaffe, within its sole and absolute discretion, reserves the right to refuse permission to copy, distribute, broadcast or otherwise publish any of its copyrighted material.
3. Information you provide Jaffe: You own the information you provide Jaffe. If Jaffe does not also own that information, you grant Jaffe a nonexclusive, revocable, worldwide, perpetual, unlimited, fully paid up and royalty-free right to use, copy, prepare derivative works of, distribute, publish, remove, retain, add, process, or analyze that information to provide you information or marketing material in compliance with the Jaffe Privacy Policy, which can be found at www.jaffelaw.com/privacy. 
4. Feedback and Suggestions: You grant Jaffe a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Site or any services it provides or otherwise uses any suggestions, enhancement requests, recommendations or other feedback you provide. 
5. Jaffe Trademark: Jaffe, and Jaffe’s other product and service names, and logos used or displayed on the Site are registered or unregistered trademarks of Jaffe (collectively, “Marks”), and you may not use these Marks without the express wrote consent of Jaffe.

7. Privacy Policy

Your use of the Site is also governed by the Jaffe Privacy Policy, which can be found at www.jaffelaw.com/privacy and which is part of these Terms.

8. Severability

If a court finds any provision of these Terms, or its application under particular circumstances, to be invalid or unenforceable, the court may modify and interpret such provision to best accomplish its purpose to the fullest extent permitted by law. The remaining provisions of these Terms and the invalid or unenforceable provision under other circumstances remain in full force and effect.

9. Governing Law and Jurisdiction

The laws of Michigan, without giving effect to its conflicts of laws provisions, govern the validity, interpretation, and performance of these Terms. You acknowledge the Site is controlled, operated and administered by Jaffe from its offices in Southfield, Michigan. The State courts in Oakland County, Michigan and the Federal courts in Wayne County, Michigan have exclusive jurisdiction over all legal proceedings arising from or related to your use of the Site.

10. Digital Millennium Copyright Act

1. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe material appearing on the Internet infringes their rights under US copyright law. If in good faith, you believe content or material on the Site infringes a copyright owned by you, you or your agent may send Jaffe a notice requesting Jaffe to remove the material or block access to it. You must email the request to privacy@jaffelaw.com; or mail it to Jaffe Raitt Heuer & Weiss, P.C., Attn: Privacy Group, 27777 Franklin Road, Suite 2500, Southfield, MI 48034.
2. The notice must include this information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material claimed to be infringing or the subject of infringing activity; (iv) the name, address, telephone number, and email address of the complaining party; (v) a statement that the complaining party has 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 (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices regarding the Site should be sent to the address above.

11. Entire Agreement

These Terms constitute the entire agreement between the parties regarding their subject matter; all previous understandings whether oral or written are merged into these Terms. Jaffe makes no representations or warranties other than those set forth in these Terms. You agree that you have not relied on any oral statements not included in the Terms. Only Jaffe may change, modify, renew, extend, discharge or waive any Term. These Terms supersede all prior versions.

Jaffe may amend these Terms from time to time, in which case the new Terms will supersede prior versions. We will notify you on the Site of such changes and direct you to the latest version.