Terms and Conditions

This agreement applies as between you, the User of this Website and Rubinstein Law Firm, PLLC, the owner(s) of this Website.  Your agreement to comply with and be bound by these terms and conditions (“terms”) is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

 

  1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

 

Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
Rubinstein Law Firm, PLLC means Rubinstein Law Firm, PLLC of 961 Broadway, Woodmere, NY 11598;
Service” means collectively any online facilities, services or information that Rubinstein Law Firm, PLLC makes available through the Website either now or in the future;
System” means any online communications infrastructure that Rubinstein Law Firm, PLLC makes available through the Website either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Website and is not employed by Rubinstein Law Firm, PLLC and acting in the course of their employment; and
“Website” means the website that you are currently using (www.rubesq.com).

 

  1. Intellectual Property
    • All Content included on the Website is the property of Rubinstein Law Firm, PLLC. By continuing to use the Website you acknowledge that such material is protected by applicable intellectual property and other relevant laws.
    • You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Rubinstein Law Firm, PLLC.
  2. Links to Other Websites

This Website may contain links to other sites.  Unless expressly stated, these sites are not under the control of Rubinstein Law Firm, PLLC.  We assume no responsibility for the content of such sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

  1. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.rubesq.com without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of Rubinstein Law Firm, PLLC.  To find out more please contact us by email at [email protected]

  1. Privacy
    • The Privacy Policy is hereby incorporated into these terms.
    • For the purposes of applicable data protection legislation, the Rubinstein Law Firm, PLLC will process any personal data you have provided to it in accordance Privacy Policy available on the Rubinstein Law Firm, PLLC website or on request from Rubinstein Law Firm, PLLC.
    • You agree that, if you have provided Rubinstein Law Firm, PLLC with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Rubinstein Law Firm, PLLC and (2) that you have brought to the attention of any such third party the Privacy Notice available on the Rubinstein Law Firm, PLLC’s website or otherwise provided a copy of it to the third party. You agree to indemnify Rubinstein Law Firm, PLLC in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
  2. Disclaimers
    • Rubinstein Law Firm, PLLC makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
    • No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
  3. Availability of the Website

The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

Rubinstein Law Firm, PLLC accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

  1. Limitation of Liability
    • To the maximum extent permitted by law, Rubinstein Law Firm, PLLC accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
    • Nothing in these terms and conditions excludes or restricts Rubinstein Law Firm, PLLC’s liability for death or personal injury resulting from any negligence or fraud on the part of Rubinstein Law Firm, PLLC.
    • However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
  2. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

  1. Arbitration

Arbitration of future disputes.

  • Scope, governing rules. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be determined by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures.
  • Authority of tribunal, judicial review. The award rendered by the arbitrator(s) shall be final, non-reviewable, and non-appealable and binding on the parties and may be entered and enforced in any court having jurisdiction, and any court where a party or its assets is located.
  • Selection of tribunal. There shall be one arbitrator agreed to by the parties within twenty (20) days of receipt by respondents of the request for arbitration or in default thereof appointed by the AAA in accordance with its Commercial Rules. The parties agree that one arbitrator shall be appointed by each party within twenty (20) days of receipt by respondent[s] of the Request for Arbitration or in default thereof appointed by the AAA in accordance with its Commercial Rules, and the third presiding arbitrator shall be appointed by agreement of the two party-appointed arbitrators within fourteen (14) days of the appointment of the second arbitrator or, in default of such agreement, by the AAA. OR There shall be three arbitrators agreed to by the parties within thirty (30) days of receipt by respondent[s] of the request for arbitration or, in default of such agreement, by the AAA.
  • Consolidation, joinder. If more than one arbitration is commenced under this Agreement and any party contends that two or more arbitrations are substantially related and that the issues should be heard in one proceeding, the arbitrator[s] selected in the first-filed proceeding shall determine whether, in the interests of justice and efficiency, the proceedings should be consolidated before [that/those] arbitrator[s].
  • Seat of arbitration, languages. The seat or place of arbitration shall be New York, NY, USA.
  • The arbitrator[s] will have no authority to award punitive damages, consequential damages, liquidated damages or compensatory damages exceeding the amount of fees paid to the Rubinstein Law Firm.
  1. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

  1. Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to [email protected]  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

  1. Law and Jurisdiction

These terms and conditions and the relationship between you and Rubinstein Law Firm, PLLC shall be governed by and construed in accordance with the Law of New York and Rubinstein Law Firm, PLLC and you agree to submit to the exclusive jurisdiction of the Courts of Nassau County.