Terms of Use

By accessing or using the website located at jamessmithpa.com (the "Website"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and all applicable laws and regulations. If you do not agree with any part of these terms, you must not use this Website.

These Terms of Use apply to all visitors, users, and others who access or use the Website. James E. Smith, Jr., P.A. (the "Firm") reserves the right to modify these terms at any time without prior notice. Your continued use of the Website following any changes constitutes your acceptance of the revised terms.

The content published on this Website is provided for general informational purposes only. Nothing on this Website constitutes legal advice, and no information on this Website should be relied upon as a substitute for consultation with a qualified attorney licensed in the relevant jurisdiction.

Use of this Website, submission of a contact form, or any other communication through this Website does not create an attorney-client relationship between you and the Firm or any of its attorneys. An attorney-client relationship is established only upon execution of a written engagement agreement signed by both the client and the Firm.

Do not transmit confidential or privileged information through this Website until an attorney-client relationship has been formally established. Unsolicited information submitted prior to engagement may not be treated as confidential.

You may access and use this Website for lawful, personal, non-commercial purposes only. You agree that you will not:

• Use the Website in any manner that violates any applicable federal, state, local, or international law or regulation;
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website or its content without the express written permission of the Firm;
• Transmit any unsolicited or unauthorised advertising or promotional material, including spam;
• Attempt to gain unauthorised access to any portion of the Website, its server, or any server, computer, or database connected to the Website;
• Use any automated means, including robots, scrapers, or data-mining tools, to access, monitor, or copy any content from the Website without prior written consent;
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; or
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which may harm the Firm or users of the Website.

The Firm reserves the right to terminate or restrict your access to the Website at any time, without notice, for conduct that it believes violates these Terms of Use or is harmful to other users, the Firm, third parties, or the public.

All content on this Website — including but not limited to text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, and software — is the property of James E. Smith, Jr., P.A. or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

The Firm's name, logo, tagline ("Dedicated to Excellence. Committed to Success."), and all related marks, names, and slogans are trademarks of James E. Smith, Jr., P.A. You may not use any of these marks without the prior written permission of the Firm.

You are granted a limited, non-exclusive, non-transferable licence to access and view the content on this Website solely for your personal, non-commercial use. This licence does not include the right to:

• Modify or copy the materials;
• Use the materials for any commercial purpose or public display;
• Remove any copyright, trademark, or other proprietary notices from the materials; or
• Transfer the materials to another person or "mirror" the materials on any other server.

Any unauthorised use automatically terminates the licence granted herein. Upon termination of this licence, you must destroy any downloaded or printed materials in your possession.

THIS WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FIRM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

The Firm does not warrant that: (a) the Website will be uninterrupted or error-free; (b) defects will be corrected; (c) the Website or the server that makes it available are free of viruses or other harmful components; or (d) the content on the Website is accurate, complete, reliable, current, or suitable for any particular purpose.

The Firm makes no representations regarding the accuracy or completeness of any information on this Website. Legal information on this Website may not reflect the most current legal developments, verdicts, or settlements. The Firm expressly disclaims all liability in respect of actions taken or not taken based on any content of this Website.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JAMES E. SMITH, JR., P.A., ITS ATTORNEYS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES — ARISING OUT OF OR IN CONNECTION WITH:

• Your use of, or inability to use, this Website;
• Any content obtained from this Website;
• Unauthorised access to or alteration of your transmissions or data; or
• Any other matter relating to this Website, even if the Firm has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such jurisdictions, the Firm's liability shall be limited to the greatest extent permitted by law.

This Website may contain links to third-party websites or resources. These links are provided for your convenience only. The Firm has no control over the content of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

The inclusion of any link does not imply endorsement by the Firm of the linked site or any association with its operators. You access any linked website entirely at your own risk and subject to the terms and conditions of use for that website.

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of South Carolina, United States of America, without regard to its conflict of law provisions.

Your use of this Website may also be subject to other local, state, national, or international laws. The Firm makes no representation that the content on this Website is appropriate or available for use in locations outside the United States.

Any dispute, controversy, or claim arising out of or relating to these Terms of Use, or the breach, termination, or invalidity thereof, shall first be subject to good-faith negotiation between the parties. Either party may initiate this process by providing written notice to the other party describing the nature of the dispute and the relief sought.

If the dispute is not resolved through negotiation within thirty (30) days of the written notice (or such longer period as the parties may agree in writing), either party may pursue any available legal remedy.

You agree that any legal action or proceeding arising out of or relating to these Terms of Use shall be brought exclusively in the state or federal courts located in Richland County, South Carolina, and you hereby consent to the personal jurisdiction and venue of such courts. You waive any objection to the laying of venue of any such proceeding in Richland County, South Carolina.

NOTHING IN THESE TERMS OF USE SHALL LIMIT THE FIRM'S RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY COURT OF COMPETENT JURISDICTION.

You agree to defend, indemnify, and hold harmless James E. Smith, Jr., P.A. and its attorneys, employees, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to reasonable attorneys' fees) arising from:

• Your use of and access to this Website;
• Your violation of any term of these Terms of Use;
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right; or
• Any claim that content you submitted caused damage to a third party.

This defence and indemnification obligation will survive these Terms of Use and your use of the Website.

Questions, notices, or requests relating to these Terms of Use should be directed to the Firm at:

• Post: James E. Smith, Jr., P.A., 1422 Laurel Street, Columbia, South Carolina 29201
• Telephone: 803-933-9800
• Online: Contact form at jamessmithpa.com/contact-us

Please do not include confidential legal information in any enquiry submitted through this Website until an attorney-client relationship has been formally established.