Terms of Use

Michaeldiazjr.com Terms of Use and Privacy Policies

TERMS OF USE

Welcome to Michaeldiazjr.com (“Michaeldiazjr.com ,” “our website,” or “we”). Please read this Agreement to Terms of Use and Privacy Policies (this “Agreement”) carefully before using our website and the materials accessible through it. Your access or use of this website constitutes your agreement to be bound by this Agreement, including any changes that exist when you re-access our website. If you do not agree with the terms of this Agreement, then do not access or use our website.

We may update this Agreement from time to time without notice. Any changes in our terms of use and/or privacy policies will be incorporated into a revised Agreement that we will post on our website. You have the obligation to review changes to this Agreement. Unless otherwise specified, such changes shall be effective when they are posted. To participate in our website activities, we may request that you submit certain personally identifiable information about yourself, including your name and personal contact information. We may also gather certain types of non-personal information about your visit such as is tracked through standard web traffic statistics programs. All information we may gather from you will be governed by our Privacy Policies, which are incorporated in this Agreement by reference (see below). Please carefully review our Privacy Policies to understand our collection, use and disclosure practices.

Legal Notices/Disclaimers

Materials and other information provided on Michaeldiazjr.com are for general informational purposes only and do not constitute solicitation or legal advice.  Website materials should never be a substitute for conferring directly with professional legal counsel with respect to your particular legal matters in the appropriate state or other jurisdiction.   Never rely upon or take any action with respect to specific, personal legal matters based on information contained on this website.  While we attempt to update and maintain the information as accurately as possible, the law changes frequently.   Therefore, the website may be incomplete, may contain errors and/or may not reflect the most current legal developments.  Michaeldiazjr.com, disclaims any and all liability with respect to any action you do or do not take in reliance on any material on this website.

Attorney Advertising

Any information contained on this website with respect to results obtained by the Authors or other Diaz Reus LLP lawyers is not meant to indicate that the same or similar results can or will be obtained in other cases or situations.  Results will vary depending on the facts and circumstances of each individual matter.  Prior results do not predict, warrant or guarantee a similar outcome.  Images may be those of actors depicting fictional scenes.  References to past or present clients or the circumstances of their specific matters do not constitute testimonials or endorsements by such clients, nor are they a guaranty, warranty or prediction of the outcome of your legal matter.

This website constitutes a “communication” or “solicitation” as defined in the Florida Rules of Professional Conduct in that it is a message made by and on behalf of Authors or attorneys at Diaz Reus LLP who are members of the State Bar of Florida concerning their availability for professional employment.  This website may also constitute advertising pursuant to Rules of Professional Conduct of other states.  Please understand that you should never base a decision to retain the legal services of the Authors or any Diaz Reus LLP lawyer solely upon this website or advertisements of any kind.

Attorney-Client Relationship

If you communicate with us, whether through telephone, email or other means, your communication and our response is not confidential and does not establish an attorney-client relationship between you and either the Authors, Diaz Reus LLP or any of the firm’s attorneys.  It is our practice at Diaz Reus LLP that an attorney-client relationship can only be created by personal contact with an individual Diaz Reus LLP attorney and requires our prior written consent to act as your legal counsel together with your execution of a written engagement agreement with Diaz Reus LLP.

Diaz Reus LLP guards the confidentiality of its clients’ matters and, consistent with our professional obligations, will not divulge information relating to client matters without prior consent or other established exceptions.

Please understand that any information sent by any means to the Authors or Diaz Reus LLP by persons or entities who are not existing clients is not privileged or confidential, will not be treated by us as such, and may not be returned to you and may be destroyed.

Your Use of the Content on Our Website

The content, organization, graphics, text, articles, blogs, columns, images, videos, audio, design, compilation, advertising and all other elements and material comprising Michaeldiazjr.com , including without limitation, the “look and feel” of our website, are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are owned by Diaz Reus LLP subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements.

The original material presented here is copyrighted. Anyone should feel free to copy a short snippet from the website, so long as you attribute the material source.  A sample attribution follows: [Post’s Author] e.g. Michael Diaz Jr., Michaeldiazjr.com  available at http://www.Michaeldiazjr.com .com. Attribution is required under this contract even if the use would be considered a “fair use.” Contact the Authors directly (via info@michaeldiazjr.com) if you want to copy an entire post or a series of posts.

Except as expressly authorized by Michaeldiazjr.com , you may not modify, republish, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of, in any manner, any material, content or design elements obtained from our website, including code and software. Notwithstanding the above, you may print or download such material from our website for personal or non-commercial use provided that you make attribution and keep intact all copyright, trademarks, service marks, patent and other proprietary notices. If you include a short snippet in any third party setting, you agree to warrant that the third party has agreed to all Terms.

Our website is not intended to be used by persons under the age of 13, and we do not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using our interactive areas; any information submitted by such users will not knowingly be used, posted, or retained by us.

Use of the material on our website for any purpose not expressly permitted in this Agreement is prohibited. For information on requesting such permission, please send a written request to info@michaeldiazjr.com. Decisions to grant or deny permission are within the sole discretion of Diaz Reus LLP.

Rights in the Content You Submit

You represent and warrant that you are the owner or otherwise have the right to provide any information or materials that you post or transmit for use in public or private areas on our website. You hereby grant Michaeldiazjr.com , its parents, affiliates, and subsidiaries an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide license to use, copy, print, display, modify, edit and create derivative works from and distribute or otherwise use and reproduce any information or materials, including, but not limited to, comments or content, that you post, submit or transmit in areas on our website and the right to use such information and materials and in connection with the advertising, marketing and promotion of our website without compensation, notification or other consideration. Amongst other things, at Michaeldiazjr.com’s discretion, this license may permit RSS aggregators to copy, distribute, display and perform any Content that you submit.

You also agree to indemnify and hold Michaeldiazjr.com , and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any party arising out of information or materials that you submit to our website.

Any submissions or postings by you to certain parts of our website, including without limitation any comment forums, will be public and posted in public areas on our website. In addition, email sent to Michaeldiazjr.com  is considered our property.  All correspondence is considered available for publication.

Michaeldiazjr.com , its parents, partners, affiliates, subsidiaries, members, directors, officers, employees, and any contract or operational providers who Michaeldiazjr.com , will not be responsible for the action of any visitors or third parties with respect to any information, materials or content posted, uploaded or transmitted in these public areas.

You agree not to use or to place on our website any material that is defamatory, abusive, harassing, racist, or hateful. Further, you may not place on Michaeldiazjr.com any material that is encrypted, constitutes junk mail or unauthorized advertising, or commercial offers, invades anyone’s privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation. You agree to use our website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

Michaeldiazjr.com  is under no obligation to use or publish any of your submissions to our website or to retain your Content and reserves the right to change, delete, or remove, in part or in full, any postings to any area of our website and to terminate or suspend access to such areas for conduct that we believe, in our sole discretion, interferes with other users’ enjoyment, and/or cooperate with local, state, and/or federal authorities if necessary, and in accordance with applicable law. In addition, material on our website may include inaccuracies or typographical errors. We have the right to make changes and update any information contained on this server without prior notice.

Interactive Usage Policies

We discourage disruptive communication or statements that incite others to violate our standards. You are responsible for all content that you post, e-mail, transmit, upload or otherwise make available through our website. In addition, you agree that Michaeldiazjr.com  and its third-party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, or even material that violates this Agreement. You agree not to use the interactive portions of our website, including but not limited to comment forums, to make available any content that:

-       is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

-       infringes any patent, trademark, trade secret, copyright, right of privacy or publicity, or other proprietary rights of any person;

-       contains unauthorized advertising or solicits other visitors; or

-       is intended by the visitor to interrupt, destroy or limit the functionality or integrity of any computer software, hardware or materials on our website.

Copyright Complaints:

If you believe in good faith that materials we host infringe on your copyright, you (or your agent) may send us a notice at the address set forth below, in accordance with the requirements set forth in the Digital Millennium Copyright Act of 1998, requesting that we remove or block access to the infringing material, which notice shall include the following information:

-       an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

-       identification of the copyrighted work claimed to have been infringed;

-       the URL or other information reasonably sufficient to permit us to locate the material that you claim is infringing;

-       your address, telephone number, and e-mail address;

-       a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

-       a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notices should be sent to: info@michaeldiazjr.com

Please note that attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

Third-Party Links

Our website may contain links or references to other sites and resources on the Internet controlled by third parties. These links do not constitute an endorsement by Michaeldiazjr.com , its parents, affiliates or subsidiaries of any third party resources or content. Links do not imply that Michaeldiazjr.com sponsors, is affiliated or associated with, or otherwise recommends, certifies or endorses the third-party link or website. Any concerns regarding external links or websites should be directed to the respective website administrator or system operator. Michaeldiazjr.com  reserves the right, in its sole discretion, to terminate links with any third parties or other websites. Michaeldiazjr.com , its parents, affiliates and subsidiaries make no representations about the content, functionality or practices of such third-party sites and resources, and disclaim any and all warranties, express or implied, with respect thereto.

Advice and Opinions:

Our website contains facts, views, opinions and statements of third parties, visitors and other organizations. Michaeldiazjr.com , its parents, affiliates and subsidiaries do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through our website. You acknowledge that any reliance upon any such advice, opinions, statement or other information shall be at your sole risk and you agree that Michaeldiazjr.com , its parents, affiliates and subsidiaries shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any advice, opinions, statements or other information displayed or distributed on our website.

Disclaimer of Warranties:

THE INFORMATION ON OUR WEBSITE IS PROVIDED “AS IS.” MICHAELDIAZJR.COM  DOES NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON OUR WEBSITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR WEBSITE. MICHAELDIAZJR.COM RESERVES THE RIGHT AT ANY TIME AND FROM TIME TO TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, OUR WEBSITE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE. YOU AGREE THAT MICHAELDIAZJR.COM SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICE.

ALTHOUGH THE INFORMATION PROVIDED ON OUR WEBSITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, MICHAELDIAZJR.COM  CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE ON OUR WEBSITE OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. NEITHER MICHAELDIAZJR.COM , NOR ANY OF ITS PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OPERATIONAL OR PROMOTIONAL PROVIDERS, PROGRAM PRODUCERS OR SPONSORS ARE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO YOU FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF (I) ANY FAILURE OR INTERRUPTION OF OUR WEBSITE; (II) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING OUR WEBSITE OR THE DATA CONTAINED HEREIN AVAILABLE TO YOU; (III) ANY OTHER CAUSE RELATING TO YOUR ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF OUR WEBSITE OR MATERIALS THEREON; (IV) YOUR INTERACTION OR SUBMISSIONS ON OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO, RESUMÉ OR EMPLOYMENT SUBMISSIONS OR DIALOGUE BETWEEN HOSTS; OR (V) YOUR FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF MICHAELDIAZJR.COM  OR OF ANY VENDOR PROVIDING SOFTWARE, SERVICES OR SUPPORT.

ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR WEBSITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR WEBSITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR WEBSITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES.

IN NO EVENT WILL MICHAELDIAZJR.COM , ITS PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, OFFICERS OR EMPLOYEES BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND, EVEN IF MICHAELDIAZJR.COM , ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. IF YOU RELY ON OUR WEBSITE AND ANY MATERIALS AVAILABLE THROUGH OUR WEBSITE, YOU DO SO SOLELY AT YOUR OWN RISK.

PLEASE BE ADVISED THAT ONCE YOU LEAVE OUR WEBSITE, YOUR USE OF THE INTERNET WILL BE GOVERNED BY THE TERMS OF USAGE AGREEMENTS AND PRIVACY POLICIES, IF ANY, OF THE PARTICULAR WEBSITE THAT YOU ARE ACCESSING, INCLUDING THOSE OF OUR OPERATIONAL PROVIDERS, ADVERTISERS, SPONSORS, AND PROMOTIONAL PARTNERS. MICHAELDIAZJR.COM , ITS PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES, OR PRIVACY PRACTICES OF OTHER WEBSITES, OR ANY LOSS OR DAMAGE THAT COULD RESULT FROM LEAVING OUR WEBSITE.

Enforcement of Legal Terms:

By accessing this website, you agree that any disputes or matters arising out of or related to your viewing or use of this website, or communications made through this website, shall be governed under the laws of the State of Florida without regard to its conflict of laws principles.  If the rules of the state bar in your jurisdiction require us to identify an attorney and office responsible for this website, Diaz Reus LLP designates Michael Diaz Jr., located in the Miami office in Florida, as the responsible attorney and office.

If any provision in this Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this Agreement shall remain in full force and effect. BY CONTINUING TO USE OUR WEBSITE, YOU AGREE TO ABIDE BY THE TERMS OF THIS AGREEMENT.

PRIVACY POLICIES

Michaeldiazjr.com  is committed to protecting the privacy of our users. The following outlines our privacy and data protection policies. Please note that third-party partners of Michaeldiazjr.com  and other websites you may access via Michaeldiazjr.com  have different privacy policies and are not subject to this Michaeldiazjr.com ’ privacy policies. We recommend that you read the privacy statement of each such website to find out how they protect your personal information.

How We Collect Information About You

Michaeldiazjr.com does not collect your personally identifiable information unless you specifically provide it.  For example, when you register comments at Michaeldiazjr.com  or subscribe by email to our updates or other content offerings, we may collect personal details about you such as your name, street and e-mail addresses, and telephone numbers. In addition to personal information, we may also collect information about your computer when you visit our website, including without limitation the type of browser software you use, the operating system you are running, the website that referred you, and your IP address.

Information that you voluntarily provide will be retained in a database.  You may remove yourself from third party mailing lists or RSS feeds at any time. If you need assistance removing yourself from our email subscriptions, please send a message addressed to info@michaeldiazjr.com.  Include your name and email address in the body of the message.  We will try to comply with your request within three business days.

Except as set forth in these legal terms, as required by law or when we believe in good faith that the law requires it, the Authors and Diaz Reus LLP does not share, rent or sell information specific to you and/or that identifies you to anyone outside of Diaz Reus LLP.  We may, however share your data with Diaz Reus LLP personnel wherever located.

Please note that any information you disclose voluntarily on our comments pages or in any forums we may develop in the future becomes public information. We cannot control the actions of our website users and advise you to use your discretion in sharing information about yourself on the Internet. All information sharing is optional and done so at your own risk. Privacy is a very personal matter and we encourage you to be careful and responsible when disclosing personal information online.

Our website is not intended to be used by persons under the age of 13. Although visitors of all ages may navigate through our website, we do not knowingly collect personal information from persons under the age of thirteen (13).

How We May Use Your Personal Information:

We may at any time in the future use personal information we collect about you to personalize the content you will see based on your personal characteristics or preferences. We may use the email address you provide for any reason, such as contacting you for editorial purposes or to advise you of any changes to our website. We may also use your personal information to notify you of relevant new services, features and promotions on Michaeldiazjr.com . We may also use the information for in-house research to improve our understanding of your needs in developing our website, build marketing profiles, aid strategic development, and manage our relationship with advertisers.

At no time does any party other than Diaz Reus LLP and it’s agents have access to your personally identifiable information. The only exceptions to the foregoing are that we may disclose personally identifiable information (i) in response to legal process (for example, in response to a court order or subpoena); (ii) in response to a law enforcement agency’s request, or where we believe it is necessary to investigate, prevent, or take actions regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of another person, violations of our terms of use, or as otherwise required by law; or (iii) in the event we are acquired by or merged with another entity.

When you sign up for our updates or receive email messages from Michaeldiazjr.com , you will always be given the chance to opt-out of offers and website updates. You may change your preferences at any time and will only be contacted in manners consistent with your stated preferences.

Cookies

A cookie is a piece of data stored on a user’s computer tied to information about the user. The use of cookies allows users to move quickly and easily around our website. They are used to identify returning users and to identify subscribers and registrants. We also use cookies to track a user’s sessions. We use this information to find out what website features are most popular so that we can develop Michaeldiazjr.com  in the light of our analysis of our visitors’ usage. We also use cookies and the information we collect to show you relevant content and advertising. You can delete cookies from your hard drive at any time.

Security Policy

Michaeldiazjr.com has appropriate measures in place to ensure that your personal details are not misused, accidentally destroyed, lost or altered within the Michaeldiazjr.com  server environment. Notwithstanding the foregoing, and because no data transmission over the Internet is completely secure and no system of physical or electronic security is impenetrable, we cannot guarantee the security of any information you send to us or the security of our servers or databases, and by using our website you agree to assume all risk in connection with the information sent to us or collected by us when you use our website.

Notification of Changes

These privacy policies are currently effective and changes in these privacy policies will be effective when posted to our website. We reserve the right to modify or supplement these privacy policies at any time. Please check these privacy policies periodically to be informed of any changes. Your continued use of our website after changes to these privacy policies are posted will be considered acceptance of these changes.

Contact Us

Should you have questions or concerns about any portion of these legal terms you may contact info@michaeldiazjr.com. Should you decide that you no longer want us to retain your personal data or you want to change how the data may be used, please email us at this address as well.