Welcome to the Madison RowMarketing Terms & Conditions of Use for the Site (as defined below). Your use of the Site is subject to these terms and conditions along with any specific terms and conditions set forth on the individual pages within or parts of the Site (collectively, the “Terms & Conditions”) and all applicable laws and regulations, including those regarding copyright, trademark, and other intellectual property rights. Your submission of information on the Site is subject to Madison Row Marketing’s privacy policies (available at https://madisonrowlegal.com/privacy-policy/), which are hereby incorporated into these Terms & Conditions.
The term “Site” refers to madisonrowlegal.comand any other website, app or platform owned, operated, or licensed by Madison Row Marketing that displays these Terms & Conditions (or a link to them). The Site may include websites, mobile websites, and other Internet-enabled or wireless means by which we make content available to you or receive content from you, including, without limitation, downloadable or preloaded software applications (including, without limitation, desktop, mobile and tablet applications, content and blog submission services, chat rooms, and message boards).
The Site offers information on Madison Row Marketing, its services and platform, as well as information about third-party relationships that Madison Row Marketing has or that are part of the Madison Row Marketing platform.
As used throughout the Site, including these Terms & Conditions, the terms “Madison Row Marketing,” “Madison Row,” Madison,” “the Company,” “our,” “we,” “us,” and other similar terms may refer to one or more of Madison Row Marketing, or one or more of their direct or indirect subsidiaries or affiliates. These terms are used for convenience only and are not intended as a precise designation of any one particular entity.
PLEASE READ THE TERMS & CONDITIONS CAREFULLY BEFORE DOWNLOADING, USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THE SITE. BY ACCESSING THE SITE (AND/OR DOWNLOADING OR USING A MOBILE APPLICATION OFFERED BY MADISON ROW), YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS & CONDITIONS. We reserve the right to change, update, or correct any of the Terms & Conditions or any information contained in the Site at any time without notice other than by posting amended terms to the Site. Your continued use of the Site means that you accept and agree to the revised Terms & Conditions. If you do not accept these Terms & Conditions (as amended from time to time), please exit the Site immediately.
PLEASE NOTE: The Site may use various types of cookies and related technologies to provide certain functionality on the Site. General information about cookies and related technologies and how they work is available at allaboutcookies.org. For further information on Madison Row’s use of cookies, please see Madison Row’s privacy policies (available at https://madisonrowlegal.com/privacy-policy/).
General
You may only use the Site if you are at least eighteen (18) years of age and can form legally binding contracts under applicable law. The Site is not intended for and should not be used by minors. If you are under the age of eighteen (18) or unable to form legally binding contracts under applicable law, you may contact a hotel directly for assistance. Please note that additional terms and conditions may apply to reservations, purchases, transactions, uses, or activities that may occur on or through the Site. You agree to comply with these Terms & Conditions and any other applicable additional terms and conditions disclosed on the Site or in connection with your use of the Site. You agree by using this Site that you are responsible for using the most current version made available by Madison Row and that Madison Row is not responsible for any issues arising due to your use of anything other than the most current version of this Site.
Accounts / Passwords / Responsibility
Some areas of the Site may be restricted to registered users. When you register for access to restricted areas of the Site, you agree to submit accurate and complete information and to update such information as required from time to time. If we suspect that your information is untrue, inaccurate, out-of-date, or incomplete, we may suspend or terminate your access to the Site or request additional information from you. When registering for access to restricted areas of the Site, you may be asked to select a personal, non-transferable password. You may also be asked to provide information that we will use to confirm your identity in the event you submit a request for a lost or forgotten username or password. You are solely responsible for all activities that occur under your password-protected account and for ensuring the protection of your account information. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. Password-protected accounts may not be shared or used by more than one individual. You agree that we may send to you in electronic form any notices or other communications regarding this Site.You are responsible for maintaining the secrecy of your passwords, log-in, and account information. You will be financially accountable for all uses of the Site by you and/or by anyone using your account information.
Credit Card Information
The storage of credit card information on the Site (if available) is entirely optional. Saving credit card information may help expedite your purchase process in the future and/or allow you to use certain parts of or features in the Site. You will be solely responsible for updating any credit card information that you provide. You acknowledge that Madison Row may communicate this information for the purpose of facilitating payment of services or as requested by you, including through applications on any mobile devices that you utilize that provide Madison Row with your account information or credentials or if you have established a link with such devices.
Madison Row’s Right to Cancel / Errors / Mistakes
The Site may contain technical inaccuracies and typographical or other errors in connection with information displayed on the Site, including, without limitation, rates, fees, stay details, or availability applicable to your transaction. Madison Row assumes no responsibility or liability for such errors, inaccuracies, or omissions. To the extent permitted by the applicable law, Madison Row shall have the right not to honor purchases or information affected by such errors, inaccuracies, or omissions and/or make changes, corrections, cancellations, and/or improvements to such information or purchases based on such information, at any time, including after confirmation of a purchase.
Promotional Information
The Site may display or provide information regarding specific programs, offers, or promotions (“Promotional Offers”). Any such Promotional Offer is subject to its specific terms, conditions and restrictions and if booked via the Site, these Terms & Conditions. Please refer to and read carefully the terms, conditions and restrictions of each Promotional Offer. Madison Row reserves the right to alter or withdraw any Promotional Offer at any time without notice. Each Promotional Offer is void where prohibited by law.
Prohibited Uses
Any commercial use of the Site is expressly prohibited unless you have obtained prior written consent from Madison Row. You may not use the Site to post or transmit any unlawful, infringing, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, or for any other purpose that is unlawful or prohibited by these Terms & Conditions. You agree that you will not (a) interfere with or disrupt the Site, (b) use, place, or distribute any viruses, worms, time bombs, and/or other computer programming routines that damage, intercept, disrupt, or harm (or are intended to do any of the preceding) the Site, including the underlying software, hardware, systems, and any users of the Site or their devices, (c) use or attempt to use any robot, spider, automatic device, or automatic or manual process to monitor, scrape, or copy the Site, or any information contained therein, without Madison Row’s prior express written consent, (d) use any device, software, or other instrument to monitor, copy, disrupt, alter, destroy, impair, restrict, tamper, interfere with, or attempt to interfere with the Site, its content, or its operation without Madison Row’s prior express written consent, or (e) take any action that imposes an unreasonable or disproportionately large load on our infrastructure, systems or the Site.
Purchases of Marketing Services and Packages
You may only make and manage marketing services and packages for yourself and party, company, firm, client or entity for whom or which you are authorized in advance to act. Purchases made, sold, conveyed or otherwise transferred in violation of these Terms & Conditions may be cancelled without advance notice in Madison Row’s sole discretion.
Refund Policy
All sales are final. Due to the unique nature of our marketing packages and services, we are unable to offer a refund of any kind once a purchase has been made on this Site. We are unfortunately not able to make exceptions to this policy. In the event that you dispute a credit card charge relating to your purchase from Madison Row, you agree that Madison Row may recover at least $2,750.00 from you, your firm, company, employer, the person listed on purchase form, to cover the expense incurred by Madison Row of responding to your dispute.
Privacy & Confidentiality
Your submission of information on the Site to make a purchase or utilize any other services made available to you on the Site is subject to Madison Row’s privacy policies (available at https://madisonrowlegal.com/privacy-policy/). Any communications such as searches, questions, comments, suggestions, chats, phone calls, emails, correspondence, requests and similar communications submitted by you to Madison Row are not confidential communications, and Madison Row shall be free to use, reproduce, publish, distribute, and disclose such communications. Madison Row is under no obligation to protect such communications from disclosure. Madison Row may use, reproduce, publish, distribute, and disclose such communications to others without limitation and without any obligations to you. Madison Row is also free to use for any purpose whatsoever any ideas, concepts, content, techniques, or know-how in such communications without limitation and without any obligations to you. To the extent you own any intellectual property rights in such ideas, concepts, content, techniques, or know-how, by submitting them to Madison Row, you grant Madison Row a royalty-free, irrevocable license to use such any such idea, concept, content, techniques, or know-how.
Fair Reviews
Madison Row in no way limits your ability to share your honest opinion about your experience with Madison Row in a public manner, including via online reviews, message boards, and/or social media; however, Madison Row is protected by laws that outlaw defamation, libel, and slander. The public submission of confidential, private, false, or unlawful information can be costly to Madison Row and is a material breach of your contract with Madison Row. You accept and agree that a public posting involving, naming, and/or relating to Madison Row with confidential, private, false, or unlawful information causes damages to Madison Row that may be difficult to document, evidence or prove. You accept and agree that documenting and proving losses and damage to Madison Row from public postings with confidential, private, false, or unlawful information may require Madison Row to disclose trade secrets, privileged information, and other sensitive data. Due to the difficulties of proof of loss, the inability to disclose trade secret/sensitive/privileged information, and the inconvenience or nonfeasibility of proving damages resulting from public postings with confidential, private, false, or unlawful information against, relating to, and/or involving Madison Row, you accept and agree that you shall be liable to Madison Row for liquidated business loss of damages of $50.00 per day, incurred for every day that a public post with confidential, private, false, or unlawful information in displayed by you. You agree and accept that a public post shall include social media posts made on accounts marked and/or labelled private, provided one or more friend, follower, connection, and/or other third party can see the comment(s) and/or postings at issue. For purposes of determining liquidated damages, you accept and agree that the public post with confidential, private, false, or unlawful information shall be determined to be public based on the date from which Madison Row receives notice of the post until the post no longer contains confidential, private, false, or unlawful information, and/or is removed. You also agree and accept that should you breach this contract, Madison Row will bring a claim against you exclusively in Miami-Dade County, Florida. You accept and agree that should Madison Row bring a claim against you for libel, slander, defamation and/or breach of this contract, you are not entitled to discovery of financial information involving Madison Row. By using this site, you agree to submit to the exclusive jurisdiction of a court in Miami-Dade County, Florida. Madison Row is entitled to recover reasonable legal fees, court costs and all other reasonable costs incurred by Madison Row in the event that Madison Row files legal suit due to your breach of this contract.
Links
The Site may contain links to other web sites on the Internet and certain actions on the Site may result in specific advertising from third parties, including information that may be displayed in other windows or in third party sites. We provide these links solely as a convenience to you. The inclusion of these links in no way indicates Madison Row’s endorsement, support, or approval of such sites, such site’s content, products, or services, or the operators of any such site. We undertake no obligation to review or monitor any sites linked to or from the Site. Your use of any such site is at your own risk and subject to the terms and conditions of such sites. We are not responsible for the content, products, services, or practices of third-party sites. In addition, you agree not to link your site or any other third-party site to the Sites without Madison Row’s express prior written consent.
Miscommunications / Lost Transactions
Madison Row is not responsible for communication failures, errors, difficulties, or other malfunctions or lost, stolen, or misdirected transactions, transmissions, messages, or entries on or in connection with the Site.Madison Row is not responsible for any incorrect information associated with any transaction or transmission on or to the Site regardless of whether such incident is the result of user error, system error, or human error.
Availability
The Site is available to anyone with Internet access. However, the Site may not be continuously available due to maintenance or repairs or due to computer or mobile device problems or crashes, disruption in Internet service or other unforeseen circumstances. The Site contains information on Madison Row’s worldwide products and services, not all of which are available in every location. A reference to a product or service on the Site does not imply that such product or service is or will be available in your location at the time you are there. The content of the Site, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. Each product or service is void where prohibited by law.
General / Ownership
Unless expressly stated otherwise, the content included on the Site, including but not limited to text, software, photographs, images, graphics, illustrations, artwork, video, music, sound, and names, logos, trademarks and service marks, are the property of Madison Row or its licensors or suppliers. This content is protected by copyright, trademark and other laws. No right, title, or interest to the content is granted by your use of the Site, other than a right to review the content using a conventional Internet browser, app, or other platform or device for a particular Site to conduct ordinary Internet or other browsing. All other uses, including making copies of any content on the Site, are strictly prohibited. You may not modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material for any purpose other than personal, non-commercial use (or legitimate activities of a travel agent or travel professional) without Madison Row’s written permission. Except for non-commercial individual private use, the downloading, reproduction, or retransmission of the Site (or any part of its content) is strictly prohibited.
Copyright
Unless otherwise noted, all content on the Site is the copyrighted property of Madison Row or its affiliates or licensors. All content of the Site is protected by United States copyright laws as well as the applicable laws of other jurisdictions.
Madison Row Marketing Trademarks
Madison Row Marketing®, Madison Row®, and other related marks used on the Site are trademarks of Madison Row and/or its affiliates. The use of the ® symbol designates marks that are registered with the U.S. Patent and Trademark Office, and such marks may also be registered with the trademark offices of certain other countries. Those marks and related names, trademarks, logos, designs, and trade dress shown on the Site are owned by Madison Row and protected by the trademark laws of the United States and other jurisdictions.
Madison Row’s Trade Secrets
You agree, understand, and accept that Madison Row possesses trade secrets regarding the compilation of its distribution lists, this Site, and the delivery of its products and services. By using this Site and/or registering for an account with Madison Row and/or registering/purchasing service(s) and/or product(s) from Madison Row, you agree, understand, and accept that at no time may you seek to obtain, in litigation or otherwise, any trade secrets of Madison Row, including Madison Row’s the compilation of its distribution lists, this Site, and the delivery of its products and services.
Notice and Procedures for Making Claims of Copyright Infringement
Madison Row respects the intellectual property rights of third parties.Madison Row responds to notices of alleged copyright infringement according to the Digital Millennium Copyright Act (“DMCA”) at 17 U.S.C. § 512 et seq. Regardless of whether or not Madison Row believes that it is liable for any copyright infringement for which we are provided notice, Madison Row’s response may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating an individual’s access to the Site, at Madison Row’s sole discretion and operating within the parameters of the DMCA.
If you believe that your work has been copied in a manner that constitutes copyright infringement, please click here to contact us.
with the following information:
Your name, address, telephone number and email address;
A description of the copyrighted work that you claim has been infringed;
A description of the allegedly infringing material and where it is located on the Site;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agents, or the law;
A statement by you under penalty of perjury that your notice is accurate, that you are the copyright owner or that the copyright holder has authorized you to act on its behalf; and
Your written or electronic signature attesting to the above.
If your content has been removed from the Site in response to Madison Row’s receipt of a DMCA Notification as outlined above, and you believe the removal was inappropriate, you may submit a DMCA Counter-Notification by contacting Madison Row at: please click here to contact us
with the following information:
Your name, address, telephone number and email address;
A statement that you consent to the jurisdiction of the United States District Court for the Southern District of Florida, and that you will accept service of process from the person who submitted the DMCA notification or an agent of such person;
A description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your written or electronic signature attesting to the above.
Right to Restrict Access
In addition to any other rights or remedies that may be available to Madison Row, Madison Row may, without any liability whatsoever, in its sole discretion terminate or restrict your access or use of the Site at any time and without notice.
Warranty Disclaimer
YOU AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR AT OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, BE ACCURATE, COMPLETE, CURRENT OR TIMELY, UNINTERRUPTED, SECURE, OR ERROR FREE.
YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, COMPUTER NETWORK, OR DATA (INCLUDING LOSS OF DATA) THAT RESULTS FROM YOUR ACCESS OR USE OF THE SITE. WE DO NOT WARRANT THAT THE SITE IS FREE OF DEFECTS, VIRUSES, MALFUNCTIONS, OR HARMFUL COMPONENTS THAT COULD DAMAGE OR ALLOW UNAUTHORIZED ACCESS TO YOUR COMPUTER, COMPUTER NETWORK, OR DATA.
WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED AT OR THROUGH THE SITE.
WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU ACCESS OR USE THE SITE FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION, EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.
WE DO NOT WARRANT THAT THE USE OF OURS SERVICES AND PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE OR COMPLETELY SECURE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SAME. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THESE TERMS AND CONDITIONS.MADISON ROW BELIEVES IN GOOD FAITH THAT IT POSESSESS ONE OF THE LARGEST EMAIL DISTRIBUTION LISTS IN THE UNITED STATES LEGAL INDUSTRY. MADISON ROW WILL UTILIZE ITS BEST EFFORTS TO DISTRIBUTE INFORMATION ABOUT YOUR FIRM, COMPANY, AND/OR PRACTICE WHEN YOU REGISTER FOR A SERVICE OR PRODUCT FROM MADISON ROW THROUGH THIS SITE. DESPITE MADISON ROW’S BEST EFFORTS, THE USE OF FILTERS, EMAIL BLOCKS, AND OTHER TECHNOLOGICAL BARRIERS BY THIRD-PARTY RECIPIENTS CAN SIGNFICANTLY HAMPER MADISON ROW’S ABILITY TO MARKET YOUR LAW FIRM, COMPANY, OR PRACTICE.WITHOUT LIMITING ANY PORTION OF THESE TERMS, MADISON ROW (A) DOES NOT GUARANTEE THAT YOU WILL RECEIVE ANY REFERRALS THROUGH THE SITE; (B) WILL NOT BE RESPONSIBLE FOR ANY REFERRALS, POTENTIAL REFERRALS, OPPORTUNITIES PRESENTED BY THIRD PARTIES THROUGH THE SITE; AND (C) IS NOT YOUR AGENT BASED SOLELY ON YOUR USAGE OF THE SITE. YOU MUST USE YOUR OWN JUDGMENT IN EVALUATING ANY PROSPECTIVE REFERRALS AND OPPORTUNTIES AND ANY THIRD-PARTY MATERIALS.
Limitation of Liability
NEITHER MADISON ROW NOR ANY MADISON ROW SUBSIDIARY, DIVISION, AFFILIATE, AGENT, REPRESENTATIVE, LICENSOR, OR LICENSEE SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS, OPINIONS OR RECOMMENDATIONS ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MADISON ROW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.NEITHER WE NOR OUR SUBSIDIARIES OR OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS) SHALL BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM THE SITE OR THE USE, ATTEMPTED USE OR INABILITY TO USE THE SITE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST REVENUE, LOSS OF DATA, OR OTHER INTANGIBLES EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOU AGREE THAT OUR TOTAL LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU TO ACCESS THE SITE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, MADISON ROW’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST MADISON ROW AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, AND LICENSEES ARISING OUT OF YOUR USE OF THE SITE OR ANY MATERIALS, OPINIONS OR RECOMMENDATIONS ON THE SITE.
Indemnification
You agree to indemnify, hold harmless, and release us, our subsidiaries, and our respective officers, directors, shareholders, employees, agents, representatives (and their respective successors and assigns) from and against any and all claims, damages, costs and expenses, including, but not limited to, reasonable attorney’s fees, arising from or related to your access, use, attempted use, inability to use or misuse of the Site or noncompliance with these Terms and Conditions.
Jurisdiction / Governing Law / Choice of Forum
The Site is controlled and operated by Madison Row from its offices within the State of Florida, United States of America. Madison Row makes no representation that the content or materials on the Site are appropriate or available for use in other locations. These Terms & Conditions and any dispute arising out of or related to the Terms & Conditions or use of the Site shall be governed in all respects by and construed and enforced in accordance with the laws of the State of Florida, U.S.A., without regard to its conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of these Terms & Conditions or your use of the Site shall be in state or federal courts located in Miami, Florida, U.S.A. You further agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action and waive any claim that such courts are an inconvenient forum.You agree to submit any dispute with Madison Row exclusively to a court in Miami-Dade County, Florida. By using this site, you agree to submit to the exclusive jurisdiction of a court in Miami-Dade County, Florida for any dispute, claim, disagreement, or legal action brought by, through, on behalf of or against, involving or relating Madison Row and/or any of its employees, management, directors, officers, and/or affiliates. By using this site, you agree that ANY claim brought by you against or in any way involving Madison Row and/or or in any way involving Madison Row and/or any of its employees, management, directors, officers, and/or affiliates may only be brought in a State Court in Miami-Dade County, Florida. You agree that no trial and/or appellate court outside of Miami-Dade County, Florida shall ever have jurisdiction of any claim or lawsuit by you against, involving and/or relating to Madison Row. You accept and agree that bringing litigation and/or appeals against or in any way involving Madison Row is disruptive to Madison Row’s business and causes damages to Madison Row that may be difficult to document, evidence or prove. You accept and agree that documenting and proving losses and damage to Madison Row from bringing claims and/or appeals outside of Miami-Dade, County Florida may require Madison Row to disclose trade secrets, privileged information, and other sensitive data. Due to the difficulties of proof of loss, the inability to disclose trade secret/sensitive/privileged information, and the inconvenience or nonfeasibility of proving damages resulting from litigating cases and/or appeals against, relating to, and/or involving Madison Row outside of Miami-Dade, Florida, you accept and agreed that you shall be liable to Madison Row for liquidated business loss of damages of $1,000.00 per month, incurred for every month that you bring, maintain, file, prosecute, and or are involved in litigation and/or appeals against, involving, and/or relating to Madison Row outside of Miami-Dade County, Florida. This liquidated damage amount of $1,000.00 per month also covers any months for which there is an active appeal that you file or initiate involving, relating to, and/or against Madison Row outside of Miami-Dade County, Florida. This liquidated damage amount of $1,000.00 shall apply for each month even if this is only one day during said month for which a case, claim, dispute, and/or appeal is brought, initiated, maintained, and/or prosecuted by you against, involving or relating to Madison. This liquidated damage amount per month only relates to business losses incurred by Madison Row and does not include attorneys fees, costs, court fees, and interest. You accept and agree that you shall be liable to Madison Row for all damages, including court costs & reasonable attorneys fees, for any litigation and/or appeals that you bring against, involving or relating to Madison Row or in any way involving Madison Row and/or any of its employees, management, directors, officers, and/or affiliates, outside of Miami-Dade County, Florida. You accept and agree that bringing any claim, case, dispute, and/or appeal against, involving, or relating to Madison Row or in any way involving Madison Row and/or any of its employees, management, directors, officers, and/or affiliates, outside of Miami-Dade County, Florida is not allowed by this binding contract on you. In addition, you accept and agree that Madison Row may bring a claim in Miami-Dade County, Florida against you for all damages, including court costs & reasonable attorneys fees, for any litigation and/or appeals that you bring against, involve or relate to Madison Row or in any way involving Madison Row and/or any of its employees, management, directors, officers, and/or affiliates, outside of Miami-Dade County, Florida. You agree that a court in Miami-Dade County, Florida has jurisdiction over you based on your use of this site. Madison Row is entitled to recover reasonable legal fees, court costs and all other reasonable costs incurred by Madison Row in the event that Madison Row files legal suit to recover payment or other monies owed to Madison Row by you.
Binding of Law Firm, Company, or Employer
You accept and agree that by entering into this contract with Madison Row that you are representing to Madison Row that (1) you can bind your law firm, company, and/or employer, (2) that Madison Row is relying on your representation to bind your law firm, company, and/or employer, and (3) that Madison Row is changing its position to enter into this contract based on its reliance of your representation.
Attorneys Fees and Costs
You agree to pay attorney’s fees and court costs incurred by Madison Row to bring legal action for the recovery of any monies owed to Madison or any damages that you create from your use of this website or reliance on information on this website.In the event that Madison Row files legal suit against you, Madison Row is entitled to recover costs, but not limited to, court filing fees, collection fees, and all reasonable attorneys fees and court costs involved in Madison Row’s representation, case preparation, enforcement and collection of any judgment.
No Class, Collective, Representative, or Mass Actions or Arbitrations
You and Madison Row agree that either may bring claims against the other only in an individual capacity and not as a representative plaintiff or class member in any purported class, collective, representative, or mass arbitration proceeding. Furthermore, you agree that you may not consolidate more than one person’s claim with another person’s claims or another person’s claims, and may not otherwise preside over any form of a class, collective, representative, or mass arbitration proceeding. To avoid any doubt, nothing herein allows class, collective, representative, or mass claims even if the relevant rules and procedures would so provide. Notwithstanding any other provision of these Terms and Conditions, you agree that a court may award monetary or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Any question regarding the enforceability or interpretation of this paragraph shall be decided by a court.
Waiver of Jury Trial:
You and Madison Row agree to waive your right to a trial by jury for all claims relating or involving Madison Row. In addition, you and Madison Row agree that there will not be a jury trial except as to any specific claims for which applicable law provides for a non-waivable right to a jury trial. You and Madison Row unconditionally waive, to the maximum extent permitted by applicable law, any right to trial by jury for any dispute, claim or controversy arising out of or relating to these Terms and Conditionsor the Site. In the event of litigation, this paragraph may be filed to show a written consent to a trial by the court.
Miscellaneous
If any part of these Terms & Conditions is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. All other provisions of these Terms & Conditions shall remain in full force and effect.If any provision of these Terms & Conditions is found to be invalid or unenforceable, such provision shall be severed from the remainder of the Terms & Conditions, which shall remain in full force and effect. No waiver of any breach or default of these Terms and Conditions shall be deemed to be a waiver of any preceding or subsequent breach or default. You may be required to agree to additional terms and conditions to access particular sections or functions of the Site. We reserve the right, in our sole discretion and without consent or notice, to transfer, assign, sublicense or pledge the Site or these Terms & Conditions, in whole or in part, to any person or entity. You may not assign, sublicense or otherwise transfer in any manner any of your rights or obligations under theseTerms & Conditions. The section headings used in these Terms & Conditions are for convenience only. We may at any time and for any reason in our sole discretion, modify or discontinue the Site or terminate or restrict your access to the Site.
No Waiver
Madison Row’s failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and us nor any trade practices shall be deemed to modify these Terms & Conditions.
Contact
If you have any questions or concerns regarding the Site, please contact us by clickinghere. As noted in the Privacy & Confidentiality section above, any communication or material transmitted to us via the Site or Internet e-mail is transmitted on a non-confidential basis.
Effect June 17, 2024.
©2024Madison Row Marketing, Inc. All Rights Reserved.