Terms of Service

Terms of Service | C.H. Smith Law Firm

Last Updated: April 15th, 2024

Welcome to the official website of C.H. Smith Law Firm (“Firm,” “we,” “us,” or “our”). These Terms of Use and Terms of Service (“Agreement”) establish the rules and conditions governing your access to and use of our website, www.chsmithlaw.com, and any associated services we provide. These services include, but are not limited to, legal consultations, case management tools, client communication portals, informational resources, and additional features or content offered by the Firm (collectively referred to as the “Services”). By accessing or utilizing our website and Services, you agree to comply with this Agreement and adhere to all applicable federal, state, and local laws and regulations.

About C.H. Smith Law Firm
C.H. Smith Law Firm was founded by Attorney Courtney H. Smith, a highly experienced advocate with over two decades of legal expertise. Our Firm has earned a strong reputation for championing the rights of individuals and families throughout Florida. We specialize in personal injury law, insurance disputes, and civil litigation, always prioritizing the pursuit of justice and client-focused representation.

What sets us apart is our insider perspective. Having previously represented insurance companies, we leverage this unique experience to secure maximum compensation for clients who have been harmed by negligence. At C.H. Smith Law Firm, we are committed to upholding the values of integrity, compassion, and excellence in every case we handle.

Binding Nature of This Agreement
This Agreement is a legally binding contract between you and C.H. Smith Law Firm. By using our website and Services, you affirm that:

  1. You are at least 18 years of age.
  2. You possess the legal authority to agree to these terms.

If you do not meet these requirements or disagree with any provision of this Agreement, you must immediately discontinue your use of our website and Services.

Scope of the Agreement
This Agreement governs all interactions you have with the website and Services, including:

  • Accessing informational content about the Firm and its legal services.
  • Booking legal consultations via our online scheduling tools.
  • Using client portals to review case updates or share important documentation.
  • Communicating with the Firm through email, phone, or contact forms.

Commitment to Compliance
By using our website and Services, you agree to operate in accordance with this Agreement and all applicable laws. Misuse of the website, including unauthorized access or activities that compromise its security or violate its intended use, is strictly prohibited.

Termination of Access
We reserve the right to terminate access to our website and Services at our sole discretion, particularly in cases of misuse or violation of this Agreement.

At C.H. Smith Law Firm, we are dedicated to providing a secure and supportive environment for our clients and visitors. Should you have any questions or require further clarification regarding this Agreement, please feel free to contact us.

2. Acceptance of Terms

By using this website or accessing our Services, you confirm your unconditional acceptance of these Terms of Use. This Agreement governs your relationship with our website and Services, setting out the rights and responsibilities of all parties involved. Your use of the website signifies that you agree to abide by these Terms in their entirety.

Modifications to Terms
We reserve the right to modify, update, or replace these Terms at any time. Any changes will take effect immediately upon being posted to this page. In the event of material modifications, a prominent notice will be displayed at the top of the page to ensure transparency. Continued use of the website or Services following any updates constitutes your acceptance of the revised Terms. We encourage you to review this page regularly to stay informed of any changes.

Key Implications of Acceptance

  1. Agreement to Provisions
    By accepting these Terms, you agree to comply with all provisions outlined, including disclaimers of liability, limitations on claims, and mandatory arbitration requirements.
  2. Monitoring and Enforcement
    You acknowledge and consent to the Firm’s right to monitor compliance with these Terms. To uphold the integrity of our Services, we may employ technical or legal measures to address any violations.
  3. Consequences of Non-Compliance
    Failure to adhere to these Terms may result in immediate termination of access to the website and its Services. Additionally, we reserve the right to take legal action in response to any breaches.

By accepting these Terms, you demonstrate your commitment to lawful and responsible use of our website and Services. If you have any questions or concerns about these Terms, please contact us for clarification.

3. Use of Website & Services

Permitted Use
The website and its Services are designed to provide lawful and beneficial access to our resources, ensuring a seamless experience for users seeking legal assistance. By using this website, you agree to engage only in activities that align with these intended purposes, which include:

  1. Accessing Informational Content
    You may explore informational materials related to our legal services, case studies, and the firm’s areas of expertise to better understand how we can assist you.
  2. Scheduling Consultations
    The “Book an Appointment” feature allows you to schedule consultations directly with our team. This service ensures convenient and timely communication to address your legal needs.
  3. Using Client Portals
    Authorized clients may access the client portal to view case updates, share documents, and collaborate with our legal team efficiently and securely.
  4. Contacting the Firm
    You are welcome to reach out via email, phone, or contact forms to ask questions, provide information, or seek guidance regarding our legal services.

Prohibited Activities
To maintain the integrity, security, and functionality of our website and Services, certain activities are strictly prohibited. By using this website, you agree not to engage in behaviors that include, but are not limited to:

  1. Violation of Applicable Laws
    Any actions that infringe upon intellectual property rights, facilitate fraud, promote harassment, or violate any other applicable laws are strictly forbidden.
  2. Compromising Website Security
    Engaging in activities such as hacking, unauthorized data scraping, introducing malware, or attempting to disrupt website security systems is prohibited.
  3. Impersonation
    You may not impersonate the Firm, its employees, or other clients to mislead others or gain unauthorized access to resources.
  4. Interference with Website Functionality
    Actions that disrupt the experience of other users, interfere with server operations, or compromise the website’s functionality are not allowed.
  5. Exploitation of Minors or Sharing Sensitive Information
    Any attempt to exploit minors or share sensitive personal information without explicit consent is a violation of these terms.

Consequences of Violations
Any breach of these guidelines may result in serious consequences to ensure the safety and proper use of our website and Services. These consequences include:

  1. Termination of Access
    Immediate suspension or permanent termination of your access to our website and Services may occur if prohibited activities are detected.
  2. Legal Action
    We reserve the right to pursue civil claims or initiate criminal proceedings against individuals or entities engaging in unlawful or prohibited activities.
  3. Reporting to Authorities
    In cases of severe violations, we may report your actions to law enforcement or regulatory authorities for further investigation and appropriate action.

Commitment to Safe Use
We are committed to providing a secure and reliable platform for all users. By adhering to these terms, you contribute to a positive and productive environment. If you have questions or require clarification regarding these guidelines, please contact us directly.

4. Intellectual Property

Ownership
All materials and content featured on this website, including but not limited to text, images, graphics, logos, videos, and case summaries (collectively referred to as “Content”), are the exclusive property of C.H. Smith Law Firm or are used under proper licenses. This includes the proprietary name, likeness, and biographical details of Attorney Courtney Smith. The Content is protected under intellectual property laws to safeguard its use and ensure its integrity.

Copyright Notice
The Content on this website is protected by both U.S. and international copyright laws. Unauthorized use, reproduction, distribution, display, or modification of any materials from this site without prior written consent from C.H. Smith Law Firm is strictly prohibited. Any misuse or infringement of these rights will be pursued to the fullest extent permitted by law.

Trademarks
The name “C.H. Smith Law Firm,” the associated logo, and our taglines, including but not limited to “We’re Ready For A Fight Against Injustice,” are registered trademarks. These trademarks serve to identify and distinguish our brand and services, reflecting the firm’s commitment to legal excellence and client advocacy. Unauthorized use of these trademarks or any similar marks that may cause confusion is prohibited and may result in legal action.

Copyright Claims and Reporting Infringement
If you believe that your intellectual property rights have been infringed upon or that there is unwanted content on our website, we encourage you to report it immediately. Please follow these steps to file a claim:

  1. Contact SFL Media
    • Phone:
      Local: (954) 740-7900
      Toll-Free: 1 (833) 447-3396
    • Email: Info@SFL.Media
    • Mailing Address:
      Fort Lauderdale, FL (Fat Village Arts District)
  2. Provide the Following Details:
    • A clear and detailed description of the alleged infringement, including specific URLs or locations of the content in question.
    • Your name, contact information (email address and phone number), and any additional details that may help us address your concern.

Important Notice
Claims not submitted through SFL Media’s designated contact methods will be considered invalid and will not be processed.

Compliance with DMCA
C.H. Smith Law Firm respects the intellectual property rights of others and adheres to the Digital Millennium Copyright Act (DMCA). We will respond promptly to valid DMCA takedown notices. However, submitting false claims may result in penalties under 17 U.S.C. § 512(f), including liability for damages. We encourage all parties to ensure the accuracy and validity of their claims before submission.

By using this website, you acknowledge and agree to respect the intellectual property rights associated with its Content. Unauthorized use or misrepresentation of these materials is prohibited and will be addressed in accordance with applicable laws. For any inquiries, feel free to reach out to us directly.

5. Legal Disclaimers

Not Legal Advice
The content on this website is provided for informational purposes only and should not be considered legal advice. For guidance tailored to your specific situation, consult a qualified attorney.

No Attorney-Client Relationship
Accessing this website or using the contact forms does not establish an attorney-client relationship. Such a relationship is formed only after both parties have signed a written retainer agreement.

Case Results Disclaimer
Outcomes of previous cases highlighted on this website are not guarantees of future results. Every legal matter is unique and depends on specific facts and circumstances.

Accuracy and Updates
We strive to provide accurate, up-to-date information on this website. However, we cannot guarantee the completeness, reliability, or timeliness of the content. Laws and regulations are subject to frequent changes, and it is essential to consult a legal professional for the most current advice and information.

Professional Consultation Recommended
The legal field is complex, and each case presents distinct challenges. Relying solely on website content could result in misunderstandings or misinterpretations. We strongly encourage you to seek professional legal advice tailored to your situation.

Use of Information
While we aim to deliver valuable insights, this website should not serve as a substitute for personalized legal consultation. By using this site, you acknowledge that you are responsible for seeking appropriate legal counsel when needed.

For any questions or to discuss your legal concerns, please contact us directly. We are committed to assisting you with your legal needs while ensuring transparency and accuracy in our communication.

6. Limitation of Liability

To the maximum extent permitted by law, the Firm is not liable for any losses, damages, or issues arising from your use of this website. This includes, but is not limited to:

  • Errors or Omissions: We strive to maintain accurate and up-to-date content on our website; however, we cannot guarantee that all information is free from errors, omissions, or technical inaccuracies.
  • Third-Party Links: Our website may contain links to third-party websites for your convenience. We are not responsible for the content, security, or practices of these external sites. This includes any data breaches, fraudulent activities, or damages resulting from their use.
  • Indirect or Consequential Damages: The Firm will not be liable for indirect, incidental, or consequential damages such as lost profits, data loss, or other related losses that may occur in connection with your use of the website.
  • Uncontrollable Events: The Firm disclaims liability for any disruptions or damages caused by factors beyond our control, such as server outages, technical failures, or natural disasters.

User Responsibility
By using this website, you acknowledge that you do so at your own risk. While we aim to provide valuable resources and accurate information, you are solely responsible for decisions made based on the content provided. It is your responsibility to verify information and seek professional advice as needed.

This limitation of liability ensures transparency and clarity in our relationship with users and underscores the importance of exercising caution and discretion when using the website.

7. Third-Party Links

Our website may contain links to external resources, such as court websites, legal blogs, or other third-party platforms, to provide users with additional information and convenience. While we aim to offer valuable resources, it is important to understand the following regarding these links:

  1. No Endorsement or Control:
    The inclusion of third-party links on our website does not imply endorsement, sponsorship, or approval of the content, services, or privacy practices of those external sites. We have no control over the information, policies, or practices of third-party websites, and their content may change without our knowledge.
  2. Liability Disclaimer:
    We are not responsible or liable for any issues, damages, or losses that may arise from your interactions with third-party websites. This includes, but is not limited to, inaccuracies in the content, privacy violations, or adverse experiences with services provided by these external platforms.
  3. User Responsibility:
    We strongly recommend that you exercise caution and diligence when engaging with third-party websites. Before sharing any personal information, completing transactions, or utilizing their services, take the time to review their terms, conditions, and privacy policies. Doing so will help ensure that you fully understand their practices and any associated risks.

By using the third-party links provided on our website, you acknowledge that these sites operate independently of our Firm. We provide these links solely for your convenience and do not guarantee the accuracy or reliability of their content. For any concerns or questions regarding third-party links, please feel free to contact us. We are committed to ensuring your online experience is safe and informed.

8. Privacy Policy

Your privacy is of utmost importance to us. Our Privacy Policy governs how we collect, use, and protect your personal information. Below are the key elements of our privacy practices:

1. Data We Collect:
We may collect personal information such as your contact details (e.g., name, email, phone number), case-related information provided by you, and usage analytics related to your interaction with our website or services.

2. Purpose of Data Collection:
The information we gather is used for:

  • Providing and delivering the legal services you request.
  • Enhancing and personalizing your experience on our platform.
  • Communicating with you about your case, updates, or relevant services.
  • Complying with applicable laws, regulations, and legal obligations.

3. Data Security Measures:
We prioritize the security of your personal information. Industry-standard measures such as encryption, secure servers, and access controls are employed to protect your data from unauthorized access, disclosure, or misuse.

4. Sharing Information with Third Parties:
We limit sharing your data to essential third parties, such as service providers who support our operations (e.g., IT services, payment processors, or secure data storage). These entities are obligated to maintain confidentiality and use your data solely for the specified purposes.

5. Your Rights:
You retain control over your personal information and may request access, correction, or deletion of your data at any time.

For more details, please review our complete Privacy Policy. If you have questions or concerns about your privacy, feel free to contact us.

9. Arbitration Agreement

Binding Arbitration
All disputes, claims, or controversies arising out of or relating to this Agreement, the Services, or your use of the Site (collectively, “Disputes”) shall be resolved exclusively through binding arbitration administered by the Judicial Arbitration and Mediation Services (JAMS) in Fort Lauderdale, Florida, under the Federal Arbitration Act (FAA). This includes disputes based in contract, tort, statute, or any other legal theory. By agreeing to arbitration, you waive the right to a trial by jury or to participate in a class action. Arbitration is final and binding, subject to limited review by courts.

Process

  1. Notice of Dispute: To initiate arbitration, the claiming party must submit a written Notice of Dispute to the other party via certified mail. The Notice must include:
    • The claimant’s name, contact information, and account details (if applicable).
    • A detailed description of the Dispute, including relevant facts, dates, and legal basis.
    • The specific relief sought (e.g., monetary damages, injunctive relief).
      Notices to C.H. Smith Law Firm must be sent to: [Insert Arbitration Notice Address].
  2. Informal Negotiation: Parties agree to negotiate in good faith to resolve the Dispute informally within 45 days of receiving the Notice. If unresolved, either party may proceed to arbitration.
  3. Arbitration Proceedings:
    • Arbitration will follow JAMS Streamlined Arbitration Rules, except as modified herein.
    • A single neutral arbitrator, mutually agreed upon by the parties, will preside. If no agreement is reached, JAMS will appoint the arbitrator.
    • Hearings will be conducted in Fort Lauderdale, FL, unless otherwise agreed.
    • The arbitrator’s decision will be final, enforceable in court, and may include damages, injunctive relief, or statutory remedies permitted under Florida law.

Class Action Waiver
All Disputes must be brought individually, not as part of a class, consolidated, or representative action. You waive the right to participate in or recover through any class, collective, or mass arbitration. The arbitrator may not consolidate claims or preside over class proceedings unless both parties expressly consent in writing.

Costs

  • Fees for Claims Under $10,000: The Firm will cover all JAMS filing, administrative, and arbitrator fees. Each party bears its own attorneys’ fees unless the arbitrator awards fees to the prevailing party under applicable law.
  • Claims Over $10,000: The claimant pays initial JAMS fees but may recover them if the arbitrator rules in their favor.
  • Frivolous Claims: If the arbitrator determines a claim was brought in bad faith or for harassment, the claimant must reimburse the Firm’s arbitration costs and attorneys’ fees.

Exceptions: This Arbitration Agreement does not preclude (i) small claims court actions for individual claims within its jurisdiction or (ii) injunctive relief to prevent intellectual property infringement.

Survival: This section remains enforceable after termination of your use of the Services.

10. Governing Law

This Agreement, including all matters relating to its validity, interpretation, performance, and enforcement, shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. By using the Services provided by C.H. Smith Law Firm, you expressly agree that Florida law applies to all aspects of your interaction with the Firm, including but not limited to contractual obligations, disputes arising from your use of the Site, and any claims related to the Firm’s legal services, unless superseded by mandatory federal statutes or regulations. This choice of law reflects the Firm’s principal place of business in Florida and ensures consistency in the interpretation of these Terms.

Any legal action, suit, or proceeding (“Action”) arising out of or related to this Agreement, the Services, or your use of the Site that is not subject to mandatory arbitration (as outlined in Section 9: Arbitration Agreement) must be instituted exclusively in the state or federal courts located in Broward County, Florida. You irrevocably consent to the personal jurisdiction of these courts and waive any objections to venue, including claims of forum non conveniens (inconvenient jurisdiction) or lack of personal jurisdiction. This exclusive venue requirement applies regardless of your location, residency, or the jurisdiction where you accessed the Services. If you initiate an Action in a court outside Broward County, the Firm reserves the right to seek dismissal or transfer of such Action to the courts specified herein, and you agree to reimburse the Firm for all costs and attorneys’ fees incurred in enforcing this provision.

Notwithstanding the foregoing, this Governing Law clause does not preclude the application of federal law where applicable, such as in cases involving intellectual property disputes (e.g., copyright or trademark claims under U.S. federal law) or other matters expressly governed by federal statutes. However, to the fullest extent permitted by law, Florida’s substantive and procedural rules will govern all other aspects of litigation, including pre-trial motions, discovery, and appeals.

By agreeing to these Terms, you acknowledge that this Governing Law provision is a material term of your contractual relationship with the Firm. Failure to object to this clause or initiate an Action in Broward County courts will not constitute a waiver of the Firm’s right to enforce this provision. This clause survives termination of your use of the Services and remains binding indefinitely.

11. Contact Information

For Legal Services:
C.H. Smith Law Firm

  • Plantation Office: 7805 S.W. 6th Court, Plantation, FL 33324 | +1 (954) 228-9334
  • Tampa Office: 201 E. Kennedy Blvd, Suite 600, Tampa, FL 33602 | +1 (813) 322-5335
  • Emailinfo@chsmithlaw.com

For Website Issues:
SFL Media (Website Developer)

  • Phone: (954) 740-7900 | Toll-Free: 1 (833) 447-3396
  • EmailInfo@SFL.Media
  • Address: Fort Lauderdale, FL (Fat Village Arts District)

Mandatory SFL Media Contact
All claims related to website content, functionality, or copyright must first contact SFL Media. Failure to do so invalidates claims.

12. Miscellaneous

Amendments
C.H. Smith Law Firm reserves the right to modify, amend, or update this Agreement at any time without prior notice. Changes may reflect updates to our services, legal requirements, operational practices, or industry standards. While we strive to notify users of material changes through website banners, email alerts (where applicable), or updated revision dates, it remains your responsibility to review this Agreement periodically to stay informed of current terms. Your continued use of the website or Services after modifications constitutes acceptance of the revised Agreement. We recommend bookmarking this page and checking it regularly to ensure compliance with the latest terms.

Severability
If any provision of this Agreement is deemed invalid, unenforceable, or contrary to applicable law by a court or arbitrator of competent jurisdiction, such determination shall not affect the validity or enforceability of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid, enforceable term that most closely aligns with the original intent of the Agreement. For example, if a jurisdiction prohibits mandatory arbitration, the Arbitration section may be severed, but the remainder of the Agreement (including dispute resolution in court) will remain binding. This ensures the Agreement’s core purpose—governing your use of the Services—is preserved even if specific clauses are challenged.

Entire Agreement
This document constitutes the complete and exclusive understanding between you and C.H. Smith Law Firm regarding your use of the website and Services. It supersedes all prior or contemporaneous oral or written agreements, representations, warranties, or communications, whether electronic, verbal, or written. No employee, agent, or representative of the Firm has the authority to alter, amend, or waive any provision of this Agreement unless such modification is explicitly documented in writing and signed by an authorized representative of the Firm. This clause prevents reliance on informal statements or external promises not formally incorporated into this Agreement.

Survival
Certain obligations and rights under this Agreement will persist even after termination of your access to the Services or closure of your account. Provisions designed to survive include, but are not limited to:

  • Arbitration: Requirements to resolve disputes through arbitration.
  • Limitation of Liability: Disclaimers of liability for damages.
  • Intellectual Property: Rights to content ownership and restrictions on unauthorized use.
  • Indemnification: Your obligation to defend the Firm against third-party claims.
    These sections remain enforceable to protect the Firm’s legal interests, ensure compliance with dispute resolution mechanisms, and uphold intellectual property rights post-termination.

Force Majeure
C.H. Smith Law Firm shall not be liable for delays, failures, or interruptions in fulfilling obligations under this Agreement if such events result from circumstances beyond our reasonable control. These include, but are not limited to:

  • Natural disasters: Hurricanes, floods, earthquakes, or wildfires.
  • Public health emergencies: Pandemics, epidemics, or government-mandated quarantines.
  • Government actions: Legal restrictions, sanctions, or regulatory changes.
  • Infrastructure failures: Prolonged power outages, telecommunication breakdowns, or cyberattacks.
  • Labor disputes: Strikes, lockouts, or labor shortages.
    During a force majeure event, the Firm may suspend or limit Services temporarily without liability. We will endeavor to resume operations promptly once circumstances permit and notify users of significant disruptions where feasible. This clause ensures flexibility and fairness in addressing unforeseeable challenges while maintaining transparency with users.

Assignment
You may not assign, transfer, or delegate your rights or obligations under this Agreement without the Firm’s prior written consent. C.H. Smith Law Firm, however, reserves the right to assign or transfer this Agreement, in whole or in part, to any successor entity, affiliate, or third party in connection with a merger, acquisition, reorganization, sale of assets, or operation of law. Such assignments ensure continuity of Services and uphold the Agreement’s enforceability despite corporate restructuring.

Waiver
No failure or delay by the Firm to exercise any right, power, or privilege under this Agreement shall operate as a waiver. Any waiver of a breach must be explicitly stated in writing and signed by an authorized representative of the Firm. For example, if the Firm overlooks a minor violation of these Terms, this does not preclude enforcement of the same provision in the future.

Headings
Section headings in this Agreement are for convenience only and do not affect the interpretation of provisions. They are not intended to limit the scope or intent of the clauses they describe.

Acknowledgment
By using the website or Services, you confirm that you have read, understood, and agree to these Terms.

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