TERMS OF SERVICE
o By making a payment through this portal, you authorize the Firm to charge you for any additional fees associated with the payment method you select.
o You represent and warrant that you are authorized to use the payment method you selected and that the payment information provided is accurate and current.
o Payments made through the portal will be processed promptly. However, processing times may vary depending on the payment method and banking institutions involved.
o The Firm reserves the right to refuse or cancel payments that are suspected of fraud, unauthorized activity, or violate these Terms of Service. If the Firm is unable to process your payment for any reason, you agree to make payment in another manner.
o Invoice payments will first be applied to the Firm’s oldest outstanding invoice unless otherwise agreed.
o If using a mobile device to access the payment portal, data charges may apply, for which you are solely responsible. Such charges include those from your communications service provider.
o Upon successful processing of your payment, you will receive a confirmation email or receipt sent to the email address you provide detailing the transaction.
o It is your responsibility to retain a copy of the receipt for your records and to contact the Firm promptly if you do not receive a confirmation after making a payment.
o All payments made through the portal are final and non-refundable unless otherwise agreed by the Firm in its sole discretion.
o In the event of a dispute regarding a payment, please contact the Firm's billing department promptly to resolve the issue.
o The Firm is committed to maintaining the security and confidentiality of your personal and financial information.
o The payment portal utilizes industry-standard security protocols to protect your data during transmission and storage.
o All information you provide the Firm to which we have access shall be handled in accordance with the Firm’s Privacy Policy: (www.lowndes.sitepilot09.firm.seek.com/privacy)
o The Firm reserves the right to modify or update these Terms of Service at any time without prior notice. Continued use of the payment portal after such modifications will constitute your acceptance of the updated terms.
o These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles.
o If you have any questions or concerns about these Terms of Service or the payment portal, please contact Wanda Cruz at 407.418.6307 wanda.cruz@lowndes-law.com.
o The Firm may suspend or terminate your access or use of the payment portal in our sole discretion with or without any reason or cause. In the event of suspension or termination, you will remain responsible to make payment for all legal services when due.
o The Firm takes pride in the payment portal; however, we make no commitments with respect to your use of the payment portal or its performance. More specifically:
o YOUR USE OF THE PAYMENT PORTAL IS AT YOUR OWN RISK AND THE PAYMENT PORTAL IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER the firm NOR ANY PERSON ASSOCIATED WITH it MAKES ANY COMMITMENT OR PROMISE WITH RESPECT TO THE SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PORTAL, OR THAT YOUR USE OF THE PORTAL WILL NOT RESULT IN EXPOSURE TO VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PAYMENT PORTAL OR THE SERVICES OBTAINED THROUGH THE PAYMENT PORTAL WILL OTHERWISE MEET YOUR NEEDS. EXCEPT FOR ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER FLORIDA OR FEDERAL LAW, THE FIRM DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PAYMENT PORTAL, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
o EXCEPT IN CONNECTION WITH YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER, EACH OF YOUR AND OUR LIABILITY UNDER THESE TERMS OF SERVICE WILL BE LIMITED AS FOLLOWS:
o TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER PARTY WILL BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES IN CONNECTION WITH YOUR USE OF THE PAYMENT PORTAL. IN ALL CASES NEITHER PARTY WILL BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
o TO THE EXTENT PERMITTED BY LAW, EACH PARTY’S TOTAL LIABILITY TO THE OTHER FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR USE OF THE PAYMENT PORTAL, INCLUDING ANY IMPLIED WARRANTIES (]WHICH CANNOT BE LIMITED OR EXCLUDED, IS LIMITED TO THE LESSER OF (1) ALL FEES RECEIVED BY US IN CONNECTION WITH PAYMENTS MADE BY YOU VIA THE PAYMENT PORTAL; OR (2) $5,000.00.
o You agree to defend, discharge, pay, indemnify and hold harmless the Firm, the Firm’s third party service providers, and our and their respective officers, directors, employees, shareholders, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including attorneys fees) arising out of or relating to your violation or failure to abide by these Terms of Service or your use of the payment portal, except where such claim or liability arises from the Firm’s gross negligence or intentional misconduct.
o In consideration of your right to use the payment portal and of the mutual obligations of the Terms of Service, you are hereby knowingly, voluntarily and intentionally waiving any right to a trial by jury in any action, dispute or proceeding arising out of or relating to these Terms of Service and/or the use of the payment portal. You acknowledge that your waiver is a material inducement to the Firm to permit your use of the payment portal and that you have had the right to review this waiver with legal counsel of your choice.
o You and the Firm each agree that any and all disputes or claims that have arisen or may arise between the Firm and you in connection with these Terms of Service or the Portal, including without limitation, federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court. This agreement to arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
o You and the Firm agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and the Firm agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other persons or parties.
o Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of these Terms of Service as a court would. All issues are for the arbitrator(s) to decide, including relating to arbitrability, the scope or enforceability of this agreement to arbitrate, or the interpretation of the prohibition of class and representative actions and non-individualized relief provisions above.
o The arbitration will be conducted by the American Arbitration Association (the “AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this agreement to arbitrate. The AAA’s rules are available at www.adr.org. A party who intends to seek arbitration must first send the other party, by certified mail, a completed Notice of Dispute. You should send this notice to us at: Lowndes, 215 N. Eola Drive, Orlando, Fl. 32801; Attn: General Counsel. The Firm will send any notice to you to the address associated with your account; it is your responsibility to keep your address up to date. All information called for in the notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
o If you and the Firm are unable to resolve the claims described in the notice within 30 days after the notice is sent, you or the Firm may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s the site at www.adr.org.
o The arbitration shall be held in Orlando, Florida or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or the Firm may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or the Firm may attend by telephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or us shall not be disclosed to the arbitrator(s).
o The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different Lowndes clients, but is bound by rulings in prior arbitrations involving you to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
o Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate.
o With the exception of the prohibition of class and representative actions and non-individualized relief provisions above, if the arbitrator(s) decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply. If the arbitrator(s) decides that any of the prohibition of class and representative actions and non-individualized relief provisions above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of this agreement to arbitrate shall be arbitrated under its terms.
o Notwithstanding any provision in these Terms of Service to the contrary, you and the Firm agree that if the Firm makes any amendment to this agreement to arbitrate (other than an amendment to any notice address or the site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a proceeding against the Firm prior to the effective date of the amendment.
By using the payment portal, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree with any part of these terms, please do not proceed with using the payment portal