Last Updated: June 2023
The website at fluet.law and all subdomains, dependent pages, services, platforms, newsletters, and any material made available for download (collectively the “Website”) is subject to these Terms of Use (the “Terms of Use”). By accessing or using the Website, you agree to comply with and be bound by these Terms of Use.
Before using the Website, please read these Terms of Use, the Disclaimer, and the Privacy Policy carefully. If you do not agree to the Terms of Use, the Disclaimer, and the must immediately terminate use of the Website.
Use and Restrictions on Use. All pages within the Website are the property of Fluet & Associates, PLLC d/b/a FLUET (“FLUET”) or its affiliates. The Website is protected by federal and international copyright and trademark laws. Except as otherwise provided in these Terms of Use or in the Media & Content Use Policy, no portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of FLUET. You may use the Website for your own personal use or the internal use of your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.
Unless otherwise expressly stated in these Terms of Use or you receive FLUET’s prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical) the Website or any portion thereof. Further, you may not (i) use the Website for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Website; (ii) interfere with the proper working of the Website including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design; or (iii) interfere with any other person’s use and enjoyment of the Website.
Any rights not expressly granted by these Terms of Use or any applicable end user license agreements are reserved by FLUET.
Term; Termination. These Terms of Use will take effect at the time you begin using the Website. FLUET reserves the right, with or without notice, at any time and for any reason to deny you access to the Website or to any portion thereof, and to terminate these Terms of Use. You may terminate these Terms of Use at any time by ceasing to use the Website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the Website in your possession.
Right to Modify These Terms of Use. FLUET reserves the right to amend, revise, or otherwise modify these Terms of Use from time to time, and such modifications shall be effective upon posting of the revised Terms of Use on the Website.. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes and updates, as they are binding on you.
Trademark Notice. You shall not use any of FLUET’s logos, trademarks, or service marks in any manner that creates the impression that such names and marks belong to or are identified with you. All other trademarks, service marks, and logos used in this Website are the trademarks, service marks, or logos of their respective owners and shall not be used without permission from the owner.
Disclaimer Notice: Communications Sent to FLUET. Please feel free to send FLUET information, comments, suggestions, or other communications that you voluntarily provide with your thoughts and comments on our Website or to request more information about FLUET. Please note that e-mail and other communication on the internet may NOT be secure.
No Attorney-Client Relationship and No Attorney-Client Privilege. The use of this Website, the transmission of an e-mail or other transmission requesting information does NOT create an attorney-client relationship and you should not send to FLUET, via e-mail or otherwise, any information or facts relating to your legal problem or question. If you are not a client of FLUET, your e-mail may not be privileged or confidential. If you are a client, remember that e-mail may NOT be secure. There is a risk that your communication may be intercepted illegally. There may also be a risk of waiver of attorney-client or work product privileges that may attach to your communication.
Disclosure to Third-Parties. Any information, comments, suggestions, or other communications that you voluntarily provide to FLUET may be used or shared by FLUET with various third parties of the Website that FLUET believes may be in a position to offer goods or services of interest to the user. By doing so, you also grant FLUET an unrestricted, royalty-free, and irrevocable license to use, reproduce, display, modify, transmit, or distribute such material in any manner deemed beneficial in connection with FLUET’s business.
In addition, by sending FLUET your communication, you affirm that such communication does not violate any personal or proprietary right of any third party, including copyright and trademark rights. You also affirm that no communication submitted to FLUET will be libelous, obscene, harassing, slanderous, or otherwise unlawful; and as such, you shall remain solely liable for the contents of any communications submitted to FLUET.
Warranty Disclaimer; Limitation of Liability. THIS WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE, SITE-RELATED SERVICES, AND HYPERLINKED SITES.
FLUET and ITS AFFILIATES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE, OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, WEBSITE-RELATED SERVICES, OR HYPERLINKED SITES IS TO STOP USING THE WEBSITE OR THOSE SERVICES.
Although FLUET attempts to ensure the integrity and accuracy of the Website, it makes no guarantees whatsoever as to the correctness or accuracy of the Website. It is possible that the Website could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please provide notice to FLUET so that it can be corrected.
FLUET Policies; Additional Terms and Conditions. FLUET’s and Media & Content Use Policy, as well as other additional terms and conditions applicable to certain portions of the Website are incorporated by reference.
Third-Party Information; Links or Pointers to Other Sites. The Website may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers, or other information made available by third parties such as content providers and other users of the Website are those of the respective third party and not of FLUET or its affiliates.
FLUET makes no representations whatsoever about any third-party information or other website that you may access through the Website. In addition, a link to a non-FLUET Website does not mean that FLUET endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature. FLUET is not responsible for the data policies or procedures or content of any linked websites. FLUET recommends that you check the privacy and security policies of each website you visit.
No Unlawful or Prohibited Purpose. As a condition of your use of the Website, you warrant to FLUET that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use.
Privacy Policy. For information about FLUET’s data protection practices and use of your personal information, please read FLUET’s is incorporated into and made a part of these Terms of Use. If you do not agree with any of the provisions provided in the Privacy Policy, immediately cease any and all actions in any way connected with the Website.
Notice for Claims of Intellectual Property or Copyright Infringement; Agent for Notice of Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide notice to FLUET with the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) your address, telephone number, and email address;
(iv) a description of where on the Website the material you believe is infringing is located;
(v) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement by you, made under penalty that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the owner.
Notices under this section may be sent to the point of contact listed in Section 16 of these Terms of Use.
Indemnification. You agree to defend, indemnify, and hold harmless FLUET and its respective partners, attorneys, officers, employees, agents, and representatives thereof from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your user contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
Choice of Law and Venue. These Terms of Use are governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to its conflicts of laws principles. Each party to these Terms of Use submits to the exclusive jurisdiction of the state courts located in Fairfax County, Virginia or the federal courts having jurisdiction over Fairfax County, Virginia, and waives any jurisdictional, venue, or forum non conveniens objections to such courts with respect to any claim, dispute, action, or proceeding arising or relating to your use of the Website or these Terms of Use.
Arbitration. At Fluet’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Virginia law.
Waiver and Severability. No waiver by Fluet of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Fluet to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.
Entire Agreement. These Terms of Use, together with the Disclaimer, and the Privacy Policy, constitute the entire agreement between FLUET and you regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Contact Information. Notices and questions about any of these Terms of Use may be directed to:
By Mail:
FLUET
Attn: Joel Westphal
1751 Pinnacle Drive, Suite 1000
Tysons, VA 22102
By Email: info@fluet.law
