Welcome to the web site of Malvin Law, LLC (referred to as “ML”). These Terms of Use (“Terms of Use” or “Terms”) are a legal and binding agreement between you and ML governing your access to and use of the website located at https://malvinlawfirm.com, any websites that ML 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”). Please read our Disclaimers below, which are incorporated into these Terms, for additional limitations on the use and effect of the Site. By accessing and using the Site, you agree to be bound by the following Terms of Use (“Terms”). Please read these Terms carefully.
Content Is Information Only, Not Legal or Medical Advice
The information provided on the Site is for educational and informational purposes only. It is not legal advice, and you should not interpret it as such. The contents of the Site, including any related materials, do not constitute medical advice, and they should not influence your medical decisions. Nothing contained on the site is intended as an offer to perform legal or other services on any matter and shall not be construed as such. The information on the Site may not reflect the most current legal developments, verdicts, or settlements, and ML does not commit to updating materials to reflect subsequent changes.
Changes to Terms
ML reserves the right to update, change, modify, or revise these Terms at any time and for any reason. Any modifications will be effective upon posting to the Site, along with the date of the last revision indicated at the top of these Terms. Your continued access to and use of the Site after such modifications constitute your acceptance of the revised Terms. Regularly review the Terms for updates, and contact us if you have questions about any modifications. Invalidity of any provision does not affect the overall validity and enforceability of the remaining Terms.
Use
ML grants you a non-exclusive, non-transferable, revocable, limited right and license to access and use the Site for personal purposes, subject to these Terms. Copying, reproducing, distributing, transmitting, displaying, performing, publishing, licensing, modifying, creating derivative works, selling, or exploiting the Site in any other way is strictly prohibited.
ML reserves the right, at any time and without notice or liability, to modify, suspend, or terminate the operation of the Site and related services, or to change, revise, or modify the Site and affiliated services.
Privacy Policy
Please review our Privacy Policy, which is incorporated herein and governs your use of the Site. The Privacy Policy can be found at https://malvinlawfirm.com/privacy-policy.
No Relationship or Obligation Arises from Use of the Site
The law varies in each jurisdiction, and you should not rely on any opinion on the Site 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. ML does not provide legal advice through the Site, and your actions or decisions related to legal rights should be based on advice from a licensed attorney. Viewing the Site, using it’s features, or communicating with ML though the Site, email, or other platforms does not create an attorney-client relationship. 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. You should not act or refrain from acting on the basis of any information found the Site. ML EXPRESSLY DISCLAIMS ALL LIABILITY WITH RESPECT TO ACTIONS TAKEN OR NOT TAKEN BASED UPON ANY INFORMATION OR OTHER CONTENTS OF THIS SITE.
DISCLAIMER – SITE PROVIDED AS IS
THE SITE IS PROVIDED “AS IS”. ML 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, ML 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 ML via Internet e-mail or through the Site is not secure and is done on a non-confidential basis. While ML makes reasonable efforts to keep communications private, confidentiality cannot be guaranteed due to the nature of Internet communications and the absence of an attorney-client relationship.
Medical Disclaimer – This Site Does Not Provide Medical Diagnosis or Advice
Content on the Site is for informational purposes only and not a substitute for professional medical advice, diagnosis, or treatment. Always consult a physician regarding medical concerns and never disregard professional medical advice, alter a prescription plan in anyway, or delay or refrain from seeking medical advice because of something you have read or seen on the Site. Links to other sites are provided for information only. Use of trade names is for identification only and does not constitute endorsement by ML.
Content Changes and Limitation on Liability
ML may periodically change, remove, or add the material on the Site without notice. This material may contain technical or typographical errors. ML DOES NOT GUARANTEE ITS ACCURACY, COMPLETENESS OR SUITABILITY. ML 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 ML 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 ML 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 Web Sites
The Site may contain links to third-party websites for user convenience. ML does not endorse or control these sites, and their policies may differ from these Terms. Users access linked sites at their own risk, and ML is not responsible for their contents. 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 with 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
ML lawyers are licensed to practice law only within the states of Louisiana, New York, and Florida but we affiliate or form relationships with lawyers throughout the United States. ML may refer prospective clients to other law firms located throughout the country, who form relationships with ML, and are experienced in handling such cases. ML 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. The Statute of Limitations is especially important. Every state has laws called the “statute of limitations” which set a deadline to file a lawsuit. That means that a lawsuit filed too late may be thrown out, regardless of the defendant’s fault or the severity of the injuries.
ML Clients
Only individuals who have entered into a mutually signed retainer agreement with ML are ML clients (“ML Clients”).
Advertising Disclosures
Certain materials on the Site may constitute lawyer advertising. The choice of a lawyer is an important decision, and it should never be based solely upon an advertisement. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability, and not rely upon advertisements or self-proclaimed expertise. You consider all options before selecting your choice of any attorney. We are happy to provide further documentation on the qualifications of our attorneys upon request. Nothing contained on the Site shall be construed as a representation that the legal services to be performed by ML are greater than the quality of legal services performed by other lawyers. Every case is different and must be judged on its own merits. Prior results do not guarantee a similar outcome. Contingent attorney fees are negotiable and not set by law. Costs and fees are charged only upon monetary recovery. Cases may be handled in association with, or referred to, other law firms as co-counsel or referral counsel.
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 Louisiana, 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 the Site (“Submissions”). Submissions are non-confidential, and you grant ML an unrestricted, irrevocable, transferable, royalty-free license to use, copy, reproduce, display, publish, perform, transmit, and distribute any Submission. You represent and warrant that: (a) you have the right to submit the Submission to ML and grant the licenses as described above; (b) ML 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. ML 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 pursuant to LSA-R.S. 9:4201, et. seq. to be conducted under the auspices of the Rules of Mediation Arbitration Professional Systems, Inc. by Mediation Arbitration Professional Systems (“MAPS”) in New Orleans, Louisiana. 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 may be specifically enforced by legal proceedings. 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 mechanism 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 (one or more), not by a judge or a jury.
International Use
The Site is controlled, operated, and administered by ML from offices within the United States of America and is only intended for use therein. We make no representation regarding 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 are determined to be to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms of Use and Privacy Policy shall continue in full force and effect. MLs 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 ML hereof will be deemed effective unless in writing. These Terms of Use, together with our Privacy Policy, as each is currently posted, constitute the entire agreement between ML 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 ML and ML Clients.
ML 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.