Belsito Communications Inc. d/b/a The Legal Advocate

Belsito Communications Inc. d/b/a The Legal Advocate operates the
website at https://www.thelegaladvocate.com
(the “Website” or “Site”). To
assist you in using the Website and to ensure a clear understanding
of the relationship arising from your use of the Website, we have
created (i) these Terms of Use (the “Terms of Use”
or “Terms”) and (ii) the Privacy Policy. Our
Privacy Policy explains how we treat information you provide to us
through the Site, including information that identifies you as an
individual (“Personally Identifiable Information”),
and our Terms govern your use of our Site, including the services
available on the Site (the “Services”). Our Terms
and Privacy Policy apply to any Website visitor (collectively,
“you”). The terms “The Legal
Advocate,”
“we,”
“our”, and “us” refer to Belsito
Communications Inc. d/b/a The Legal Advocate.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE
THE WEBSITE. BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY
THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO
BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR
WEBSITE.

1. Your Agreement.

These Terms govern: (i) your use of the Website; (ii) your provision
of information while using the Website (collectively, the “User
Content”); and (iii) your use of information obtained through the
Website, including information, software, video, audio, pictures,
content, trademarks, trade dress, and other intellectual property
owned by The Legal Advocate or its licensors and made available to
you through the Website (collectively, the “TLA
Content”
). Please read these Terms carefully because
they impose legal obligations on you and on The Legal Advocate, and
establish our legal relationship. By accessing our Website, you are
acknowledging that you have read and understood these Terms and
agree to be legally bound by them.

If you are agreeing to our
Terms of Use on behalf of a company or other legal entity
(“Your Organization”), then (i) you represent and
warrant that you have authority to act on behalf of, and to bind
Your Organization, and (ii) for all purposes in these Terms and the
Privacy Policy, the term “you” means Your Organization on whose
behalf you are acting.

2. No Legal Advice or Attorney-Client Relationship.

Nothing on this Website is intended to constitute legal advice; it is
for general information purposes only. Your use of the Website does
not create an attorney-client relationship.

The information provided on the Website is general in nature and does
not apply to any particular factual, legal, medical, financial,
insurance, or other situation. As such, you should not rely on the
information provided on the Site and instead should seek
personalized professional advice for your situation.

For example, articles published by us do not constitute or contain
legal advice, but instead provide general information with respect
to common issues encountered by the general public with respect to
theoretical legal matters. We are not a law firm and the content of
our articles is not substitute for an attorney or law firm. As such,
we cannot and do not provide any kind of advice, explanation,
opinion, or recommendation to any reader about possible legal
rights, remedies, defenses, options, selection of forms, or
strategies the reader may have. The law is different from
jurisdiction to jurisdiction, and may be subject to interpretation
by different courts. Therefore, if you need legal advice for your
specific situation, you should consult a licensed attorney in your
area.

We are compensated by attorneys for marketing services and thus
constitutes paid attorney advertising but do not endorse or
recommend any particular attorney or law firm whether identified
and/or quoted in any article or advertising in the publication. Nor
do we guarantee the reliability or accuracy of any statement or
opinion provided by any attorney or legal service quoted or
referenced on our Website. We cannot and do not analyze a particular
legal situation to determine what attorney or law firm should be
introduced to a particular reader. Prior results do not guarantee a
similar outcome.

3. No Confidential or Sensitive Information.

Do not submit or otherwise provide confidential or sensitive
information to us in connection with a possible legal matter
(“Confidential or Sensitive Information”). We are
not a law firm. Accordingly, such Confidential or Sensitive
Information will not be considered confidential or privileged. You
represent and warrant that User Content does not contain any
Confidential or Sensitive Information.

4. Attorney Advertisements.

As further explained in our Privacy Policy, our Website may include
various advertisements. Advertisements that you may see on the
Website may include those relating to attorneys or law firms, or
specific legal services provided by attorneys or law firms.
Moreover, The Legal Advocate may be owned, in whole or in part, by
attorneys and law firms, including those that advertise on our Site
or otherwise have a financial interest in the Site and our
operations. As further noted in Section 2 (No Legal Advice or
Attorney-Client Relationship), however, although we may include
attorney advertising on our Website, we do not endorse or recommend
any particular attorney or law firm.

5. Your Consent to Our Privacy Practices.

Our Privacy Policy explains how we treat information that you provide
to us through the Site. By accessing our Website, you consent to our
privacy practices as set out in our Privacy Policy, which is
available at: www.thelegaladvocate.com/privacypolicy.

6. Ownership; Reservation of Rights.

The information, software, video, audio, pictures, trademarks, trade
dress, and other intellectual property embodied in the Website or
the TLA Content, are the property of The Legal Advocate and its
licensors, and are protected by U.S. and international copyright and
other intellectual property laws, or are used under the principles
of fair use. The Legal Advocate and its licensors retain all rights
with respect to the Website and the TLA Content except those
expressly granted to you in these Terms. You agree not to duplicate,
publish, display, distribute, modify, or create derivative works
from the material presented through the Site unless specifically
authorized in writing by The Legal Advocate.

7. Grant of Rights.


7.1. Grant of Rights to The Legal Advocate in User
Content.

By submitting User Content when
interacting with the Website, uploading files, or otherwise (if
such features are available to you), you grant to The Legal
Advocate a perpetual right to use, copy, reformat, index,
modify, display, and distribute your User Content for the
purposes of providing Services to you and for The Legal
Advocate’s operations. No compensation will be paid with respect
to The Legal Advocate’s use of your User Content under this
grant. You represent and warrant that you own all rights needed
to provide the grant set out in this Section 7.1 (Grant of
Rights to The Legal Advocate in User Content).
7.2. Grant of Rights to You in TLA Content.

Subject to your compliance with these Terms, we grant to you a
limited, non-exclusive, non-transferrable, worldwide right to
access, execute, perform, and otherwise use the Website and TLA
Content solely for your personal purposes, and provided that you
shall not: (i) license, sublicense, sell, resell, distribute, or
otherwise commercially exploit the Website or TLA Content; (ii)
modify or make derivative works based upon the Website or TLA
Content; or (iii) reverse engineer, reverse compile, or access
the Website or the TLA Content in order to build a competitive
product or service. You may access and view the Website and the
TLA Content for use solely as provided in these Terms, and you
may not modify, copy, distribute, or otherwise use the Website
or the TLA Content.

8. Code of Conduct.

  • AS A CONDITION TO YOUR USE OF THE WEBSITE, YOU AGREE TO FOLLOW
    OUR CODE OF CONDUCT, SET OUT BELOW. Under this Code, you will not:

    Upload, email, or otherwise transmit User Content that is
    unlawful, obscene, harmful, hateful, invades the privacy of any
    third party, contains nudity or pornography, or is otherwise
    objectionable, or that contains Confidential or Sensitive
    Information.
  • Disseminate material that impacts or invades the privacy of
    others, such as photographs, video clips, sound recordings,
    Personally Identifiable Information, or other materials that
    reveal personal, private, or sensitive information about another
    person, without that person’s consent.
  • Submit material that is intentionally false, defamatory,
    unlawfully threatening, or unlawfully harassing.
  • Infringe any third party’s copyright, patent, trademark, trade
    secret, or other proprietary rights or rights of publicity or
    privacy. Electronic materials – such as music, videos, images,
    and text in electronic form – can easily be copied, modified,
    and sent over networks (such as the Internet). These electronic
    materials are thus extremely vulnerable to unauthorized
    distribution and copyright infringement. These materials may not
    be transmitted over the Website without the copyright owner’s
    permission, or without a legitimate “fair use” justification for
    the transmittal.
  • Transmit material that contains viruses, Trojan horses, worms,
    time bombs, cancelbots, or other computer-programming routines
    that are intended to damage, detrimentally interfere with,
    surreptitiously intercept, or expropriate any system, data, or
    Personally Identifiable Information.
  • Use the Website to artificially generate traffic or page links
    to a website or for any other purpose not expressly allowed
    under these Terms.
  • Use the Website in a manner that could disable, overburden, or
    impair the Website or interfere with any other party’s use and
    enjoyment of the Website, such as through sending “spam” email.
  • Use the Website to test or reverse engineer the Website in order
    to find limitations, vulnerabilities, or to evade filtering
    capabilities.
    Seek to obtain access to any materials or
    information through “hacking,” “data harvesting,” or through
    other means we have not intentionally made available to you
    through the Website.
  • Use the Website for any purpose that is unlawful or prohibited
    by these Terms. For example, you will not use the Website to
    violate any law, statute, or regulation (including, without
    limitation, those governing export control, consumer protection,
    unfair competition, anti-discrimination, or false advertising).

9. Monitoring; Revocation or Suspension of Use
Privileges.

We reserve the right at any time to (i) monitor your use of the
Website, and (ii) terminate or suspend your use of some or all
portions of the Website if you engage in activities that we
conclude, in our discretion, breach our Code of Conduct or otherwise
violate these Terms or our Privacy Policy.

Although we have no – and assume no – obligation to monitor
activities on the Website, please understand that we may employ
filters designed to detect and block inappropriate content under our
Code of Conduct. We reserve the right to request edits to remove any
information or material, in whole or in part, that we believe, in
our sole discretion, is incompatible with our Code of Conduct. IF
YOU DO NOT REMOVE OBJECTIONABLE CONTENT IN RESPONSE TO OUR
REASONABLE REQUESTS, WE WILL TERMINATE YOUR USE OF SOME OR ALL OF
THE SITE OR SERVICES AT ISSUE AND REMOVE THE CONTENT AT ISSUE.

Our Code of Conduct is based in many instances on principles of
applicable law. Accordingly, users who violate our Code of Conduct
may be exposed under these laws to criminal charges, and civil
liability to harmed parties for compensatory damages and attorney’s
fees. The Legal Advocate reserves the right at all times to disclose
information that it deems necessary to satisfy any applicable law,
regulation, legal process, or governmental request, consistent with
our Privacy Policy.

10. Reports and Complaints.

If you believe that a user has acted inappropriately, such as by
violating our Code of Conduct, then you may report your concerns by
contacting us as set out in Section 22 (Contact Us).

11. Links to Third-Party Sites.

The Website may contain links to third party websites (collectively
“Linked Sites”). Linked Sites may include websites
operated by third party vendors that we may engage to provide
certain Services to you on our behalf. The Legal Advocate does not
own these Linked Sites and The Legal Advocate does not assume any
responsibility or liability for any content, opinions, material
available on Linked Sites, or such Linked Sites’ privacy practices
with respect to information that you provide to the Linked Sites.
The Legal Advocate does not endorse the content of any Linked Site,
nor does The Legal Advocate warrant that a Linked Site will be free
of computer viruses or other harmful code that can impact your
computer or other web-access device. By using the Website to link to
another site (including Linked Sites), you agree and understand that
such use is at your own risk. For example, if you submit Personally
Identifiable Information to a Linked Site, then the Personally
Identifiable Information that you submit shall be governed by the
Linked Site’s privacy policy and terms of use, and not by The Legal
Advocate’s Privacy Policy and Terms of Use.

12. User Conduct; User Disputes.

The Legal Advocate is not responsible or liable for User Content or
user conduct. You are solely responsible for your User Content,
conduct, and interaction with other site visitors, both online or
offline. We have no obligation to become involved in disputes
between Site users. If you have a dispute with another Site visitor,
then you release The Legal Advocate (and our officers, directors,
agents, employees, subsidiaries, and affiliates) from claims,
demands, and damages (actual and consequential) of every kind and
nature, known and unknown, arising out of or in any way connected
with such dispute.

13. Warranty Disclaimer.

THE LEGAL ADVOCATE DOES NOT PROMISE THAT THE WEBSITE OR SERVICES WILL
BE ERROR-FREE OR UNINTERRUPTED. THE WEBSITE, TLA CONTENT, AND
SERVICES ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEN
YOU ACCESS THE WEBSITE OR TLA CONTENT, OR USE THE SERVICES, YOU DO
SO AT YOUR OWN RISK. THE LEGAL ADVOCATE DOES NOT WARRANT OR
REPRESENT THAT MATERIALS YOU DOWNLOAD FROM THE SITE WILL BE FREE OF
VIRUSES OR OTHER HARMFUL FEATURES.

THE LEGAL ADVOCATE DISCLAIMS: (i) ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY OR
LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF
INFORMATION AVAILABLE THROUGH THE WEBSITE OR SERVICES; AND (iii) ANY
RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR
ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY
VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT
USE OF THE WEBSITE, SERVICES, AND TLA CONTENT IS AT YOUR SOLE RISK.

14. Limitation of Liability.

UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, BREACH OF
CONTRACT, TORT, OR NEGLIGENCE, WILL THE LEGAL ADVOCATE BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR
ARE RELATED TO YOUR USE OF THE WEBSITE, SERVICES, AND TLA CONTENT.

15. Indemnity.

You agree to defend, indemnify, and hold The Legal Advocate and its
subsidiaries, affiliates, officers, directors, agents, and employees
harmless from any liability to third parties, including reasonable
attorneys’ fees, arising from or related to your breach of these
Terms or the Privacy Policy.

16. Modifications to these Terms.

We may modify and change these Terms over time. We will not
“retroactively” change these Terms, and any modifications we make
shall take effect proactively, once you next access the Website.
Please feel free to print out a copy of these Terms for your
records.

17. Assignment.

These Terms shall not be assignable by you, either in whole or in
part. The Legal Advocate reserves the right to assign its rights and
obligations under these Terms.

18. General.

These Terms shall be governed in all respects by the laws of the
State of New York without giving effect to its conflicts of law
provisions. Both parties submit to the personal jurisdiction of and
venue in the state and federal courts located in the State of New
York, in the judicial district that includes New Windsor, New York.
The parties further agree that any cause of action arising under
these Terms or our Privacy Policy shall exclusively be brought in
such courts. If any provision of these Terms is held to be invalid
or unenforceable, then such provision shall be struck and the
remaining provisions shall be enforced. Headings are for reference
purposes only and in no way define, limit, construe, or describe the
scope or extent of such section. The Legal Advocate’s failure to act
with respect to a breach by you or others does not waive its right
to act with respect to subsequent or similar breaches. Subject to
Section 21 (Relationship to Privacy Policy and Other Contracts),
this agreement and the terms and conditions contained herein set
forth the entire understanding and agreement between The Legal
Advocate and you with respect to the subject matter hereof and
supersede any prior or contemporaneous understanding, whether
written or oral.

19. Additional Terms.

Certain portions of the Website or Services offered through it may be
subject to additional or different terms and conditions. We will
notify you if the Service or portion of the Site is subject to terms
and conditions that differ from these Terms, and you will have the
opportunity to decline to participate in such Service or Site if you
do not agree with the differing terms and conditions.

20. Survival.

In addition to any right or obligation that by its nature or intent
is intended to survive the termination or expiration of these Terms,
the following Sections shall survive the termination of these Terms
and shall apply indefinitely: (i) Section 2 (No Legal Advice or
Attorney-Client Relationship); (ii) Section 3 (No Confidential or
Sensitive Information); (iii) Section 6 (Ownership; Reservation of
Rights); (iv) Section 13 (Warranty Disclaimer); (v) Section 14
(Limitation of Liability); (vi) Section 15 (Indemnity); (vii)
Section 17 (Assignment); and (viii) Section 18 (General).

21. Relationship to Privacy Policy and Other Contracts.

These Terms must be read in conjunction (i) with other agreements
into which you may enter concerning the Website (if any), and (ii)
with our Privacy Policy. The provisions of our Privacy Policy are
incorporated herein. To the extent these Terms conflict with the
terms of our Privacy Policy, the terms of our Privacy Policy shall
control. Similarly, to the extent these Terms conflict with the
terms and conditions of any specific agreement you enter with us,
the terms and conditions of such specific agreement shall control.

22. Contact for Alleged Copyright Infringement; Repeat
Infringers.

The Legal Advocate respects the intellectual property rights of
others and requires that its users do the same. If you believe that
any Content (including User Content and TLA Content) on the Website
or other activity taking place on the Website constitutes
infringement of a work protected by copyright (each, a
“Work”), please notify us as follows:
info@belsito.com
Your
notice must comply with the Digital Millennium Copyright Act (17
U.S.C. §512) (the “DMCA”). Upon receipt of a
compliant notice, we will respond and proceed in accordance with the
DMCA.
We have implemented a repeat infringer policy to address
instances in which a particular user is subject to multiple DMCA
notifications (the “Repeat Infringer Policy”). If we determine that
a user has violated our Repeat Infringer Policy, then we may take in
our sole discretion any number of steps including, but not limited
to, issuing warnings to the applicable user, suspending or
terminating that user’s account, and/or any interim measures that we
deem appropriate.

23. Contact Us.

If you have any questions about these Terms, the practices of this
Site, or your dealings with this Website, please contact us using
the information below:
The Legal Advocate
1
Ardmore Street
New Windsor, New York 12553
United States
info@thelegaladvocate.com

24. Effective Date.

The effective date of these Terms of Use is May 24, 2019.

25. COPYRIGHT AND LEGAL NOTICE.

© 2019 Belsito Communications, Inc.
All rights reserved. No part of this content may be reproduced,
stored in any form without written permission from Belsito. Use of
the mark THE LEGAL ADVOCATE by Belsito Communications, Inc. is under
license from Joseph Belsito.

Repeat
Infringer Policy

The Legal Advocate is committed to complying with the Digital
Millennium Copyright Act of 1998 (DMCA) and respects the
intellectual property rights of others. The following describes the
policies and procedures that The Legal Advocate has implemented to
process complaints regarding Infringing Content, and to address
Repeat Infringers. This Repeat Infringer Policy applies to all Users

1. Definitions.

1.1. “Complainant” means an individual that submits
a Takedown Notice to The Legal Advocate.

1.2. “Complainant Response” means a response from
Complainant stating that it has filed an action seeking a court
order to restrain the User from engaging in infringing activity
relating to Infringing Content, as required pursuant to 17 U.S.C.
512(g)(2)(C).

1.3. “Counter Notice” means a counter-notification
that (i) is sent to The Legal Advocate in response to a Takedown
Notice; and (ii) meets the DMCA requirements, including those set
forth in 17 U.S.C. 512(g)(3).

1.4. “Infringing Content” means content hosted on
the Service that infringes, or is claimed to infringe, the copyright
interest of a third party.

1.5. “Repeat Infringer” means a User that is the
subject of two (2) or more Verified Incidents within a twenty-four
(24) month period.

1.6. “Services” means the website at
www.thelegaladvocate.com operated by The Legal Advocate, including
the information and services available on the website.

1.7. “Takedown Notice” means a notification that (i)
is sent by a Complainant regarding Infringing Content that is hosted
on the Services; and (ii) meets the applicable DMCA requirements,
including those set forth in 17 U.S.C. 512(c)(3).

1.8. “The Legal Advocate” means Belsito
Communications Inc. d/b/a The Legal Advocate.

1.9. “User” means any user accessing the Services.

1.10. “Verified Incident” means any time in which
The Legal Advocate receives a Takedown Notice, and either (i) the
applicable User fails to provide a Counter Notice in response, or
(ii) the applicable Complainant fails to provide a Complainant
Response within thirty (30) days after receiving a Counter Notice.

2. Infringing Content Notice and Takedown Process.

2.1. Receipt of Takedown Notice; Removal of Infringing
Content.
Upon The Legal Advocate’s receipt of a
Takedown Notice, The Legal Advocate will: (i) expeditiously remove
or disable access to the Infringing Content, and (ii) promptly
notify the applicable User that uploaded the Infringing Content of
the action.

2.2. Receipt of Counter Notice; Replacement of Infringing
Content.
If The Legal Advocate receives a Counter
Notice, then it will: (i) forward such Counter Notice to the
Complainant, and (ii) simultaneously notify the Complainant that
The Legal Advocate will replace or cease disabling access to the
Infringing Content in ten (10) business days of Complainant’s
receipt of the Counter Notice (the “Response Period”) unless the
Complainant provides a Complainant Response. If the Complainant
fails to provide a Complainant Response within the Response
Period, then The Legal Advocate will replace or cease disabling
access to the Infringing Content within fourteen (14) business
days of the commencement of the Response Period.

3. Management of Repeat Infringers.

3.1. Recordkeeping; Verified Incidents. The
Legal Advocate will maintain records (on a per-User basis) of
each Takedown Notice, Counter Notice, and Complainant Response
that it receives, and such records shall be used to determine
whether a User constitutes a Repeat Infringer.

3.2. Determination of Repeat Infringers; Termination.
Upon The Legal Advocate’s determination that a User
constitutes a Repeat Infringer, The Legal Advocate will notify
the User of its status as a Repeat Infringer (each, a
“Suspension Notice”). The Suspension Notice shall also inform
such User that its access to the Service will be terminated if
it is subject to another Verified Incident within twelve (12)
months of such notice (the “Trial Period”). If a User is the
subject of another Verified Incident during the Trial Period,
then The Legal Advocate may, in its sole discretion, terminate
the User’s ‘access to some or all of the Services.

3.3. Continued Compliance. Nothing set out in
this Section 3 (Management of Repeat Infringers; Termination)
shall prevent The Legal Advocate from continuing to comply with
the procedures set out in Section 2 (Infringing Content Notice
and Takedown Process).

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