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Terms and Conditions

LDV’s Website & Payment Portal Terms and Conditions

 

Date last revised: July 30, 2024

 

The following website and payment portal terms and conditions (“the Terms and Conditions”) are made between Lyons, Doughty & Veldhuis P.C./P.A. (“LDV”, “we,” “us,” or “our”) and you, the visitor and user (“you,” “your,” or “yours”) and govern your use of our website located at ldvlaw.com, including the online payment services at ldvlaw.stratuspayments.net and ldvlaw.payd.it (collectively referred to as “the Website”).

 

By accessing, viewing, or using the content, material, or services available through the Website, you acknowledge that you have read and understand these Terms and Conditions and agree to be legally bound by them.  If you do not agree to the Terms and Conditions, you are not granted permission to use the Website; you should immediately exit the Website and refrain from accessing or using any part of the Website.

  • Privacy Policy

For information regarding LDV’s collection, use, and protection of your personal information, please see LDV’s Privacy Policy (https://www.ldvlaw.com/privacy-policy/) herein by reference.

  • Changes to Terms and Conditions; Withdrawal of Services

 

LDV may make changes to the Terms and Conditions and its Privacy Policy at any time without notification to you.  Therefore, you agree to review the Terms and Conditions and Privacy Policy each time you visit or use the Website.  Your continued use of the Website constitutes your acceptance of the Terms and Conditions, Privacy Policy, and any changes thereto.  LDV may remove the Website at any time without notification to you.

  • Applicable Use

 

You agree that you will not use the Website for any purpose that is unlawful or otherwise prohibited by the Terms and Conditions.  You further agree that you will not use the Website in any manner that could disable, overburden, damage or impair the Website or otherwise interfere with another party’s use of the Website.

  • Trademarks and Copyrights

 

All names, trademarks, service marks, symbols, slogans, and logos appearing on the Website are proprietary to LDV or its licensors. All content on the Website is considered proprietary to LDV or its licensors.  Use or misuse of these names, trademarks, service marks, symbols, slogan, logos or other proprietary information is expressly prohibited and may violate federal and state law.  You agree to use the Website for non-commercial personal use only and will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website.  You may not use the Website or authorize any party to display or market any part of the Website without the express prior written permission of a LDV authorized representative and agree to cease any such unauthorized reproduction immediately upon notice from LDV. Permission is granted to download and print materials from the Website only for the purpose of viewing, reading, and retaining for your personal, non-commercial records and purposes.

  • General Disclaimer; No Warranties

The materials contained on the Website have been prepared and presented for informational purposes and are not to be considered advertising or legal advice.  The information is not intended to create, and receipt of it does not constitute or create an attorney-client relationship between the Firm and/or any lawyer in this Firm with you or any recipient of the information.  You should always consult with a lawyer before making decisions regarding legal matters.

The Website is intended to provide general information only.  The information contained on the Website is believed to be accurate as of the date of publication.  However, no warranty or guarantee concerning the accuracy of said content is stated or implied. LDV disclaims any responsibility to ensure that the information on the Website is complete or up to date.  The information and services provided on the Website are made available on an “as is” basis.  LDV is not responsible for any loss resulting from your reliance on any such information.  LDV does not make any warranty, express, implied, limited or otherwise, with respect to the Website.  LDV does not represent that the Website will always be available, uninterrupted, error free, meet your requirements or that any real or perceived defects will be corrected in a timely manner or at all.

  • Disruption in Service

The Website may, from time to time, be unavailable for a variety of reasons, some of which are outside of our control, while others may be intentional and due to routine maintenance or upgrades.  In the event any interruption of service or other failure causes irreparable harm to you, LDV shall not be liable for any damage, inaccuracy, inadequacy, incomplete information or materials submitted through your use of the Website.

  • Hyperlinking

The Website may be hyperlinked to and by other websites which are not maintained by, or related to, LDV. Such hyperlinks are provided as a service to you and are not sponsored by, endorsed, or otherwise affiliated with LDV.  LDV has not reviewed any such sites and is not responsible for the content of those sites.  Any links made directly from the Website to another webpage should be accessed at your own risk. LDV makes no representations or warranties about the content, completeness, quality, or accuracy of any such other websites, and as such, shall not be liable in connection with any loss, damage, cost, or injury associated with any access thereto via the Website.

  • Online Payment Service

LDV includes online payment services through the Website for your convenience.  Not all accounts may be payable through the Website.  If you encounter an issue with your payment, please contact us using the information below. There may be circumstances under which you may not be able to view or make payment arrangements on a particular LDV file number.  In such an event, please contact us at the contact information set forth below.

LDV accepts online payments using electronic checks.

Electronic Fund Transfers

Payments processed using your bank account information or via your debit card are considered “electronic fund transfers” under the Electronic Fund Transfers Act (“EFTA”), 15 U.S.C. § 1693, et seq.  By providing your bank account or debit card information, you authorize LDV to use the information provided to make an electronic fund transfer from the designated account.  Such payment may be debited from the designated account on the date you authorize the payment to be made.  

 

If you wish to cancel or change a payment, please notify us at least three (3) business days prior to the scheduled payment date by calling us at 888-322-3922 or writing to us at P.O. Box 987, Marlton, NJ 08053.

 

You agree you will not use any account information that is not valid or lawfully owned by you or the use of which is not authorized by the lawful owner thereof.

 

The payment information supplied by you is processed by our service provider. It is your responsibility to ensure that the information entered in the relevant fields is accurate.  Neither LDV nor our service provider is responsible for inaccurate information provided by you.  If inaccurate information is provided by you, you acknowledge that the payment may not be processed.

 

You are responsible for ensuring that funds are available in the designated account at the time payment is authorized.  LDV shall not be liable for any fees incurred by you because the designated account has inadequate funds on the date payment is authorized.

 

Print and retain a copy of each transaction you authorize for your own personal record-keeping purposes.  This will serve as confirmation and might assist in resolution of any disputes. 

 

LDV shall not be liable for any failure by you to protect your personal information from being seen on your screen or otherwise obtained by third parties while you are using or as a result of your using the Website.

No warranty, representation, or guarantee, express or implied, is given by LDV or any of our service providers in respect of the operation of the online payment service.  You agree, understand, and confirm that when your personal data (including, without limitation, details relating to your bank account, as applicable) is transmitted online it may be susceptible to misuse, hacking, theft, and/or fraud.  Therefore, when using the service, you assume the risk of any such misuse, hacking, theft and/or fraud.

  • Electronic Communications

By providing your telephone number through the Website, you consent to LDV contacting you either manually or via an autodialer and further consent to LDV leaving artificial or prerecorded voice messages for you.  

By providing your e-mail address through the Website, you consent to LDV contacting you via e-mail. When we send you an email it is intended to be accessed only by you.  You understand that if you use a telephone number or email address provided by your employer or educational institution, your employer or educational institution may see or access such communication.  You agree that we have no control over anyone else who may view an email we send to you and will not be liable for any such disclosure.  

You understand that emails may be intercepted or blocked without our knowledge.  We will take action to communicate with you via another authorized medium if we receive information indicating that an email was undeliverable.  Even though you may provide LDV consent for e-mail communications, LDV may still send you written correspondence through the U.S. mail at our discretion or as required by law.

To withdraw consent: 

  • Limitation on Liability

BY ACCESSING AND USING THE WEBSITE, YOU AGREE THAT IN NO EVENT WILL LDV, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, ITS AND THEIR EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AS A RESULT OF YOUR ACCESSING AND USING THE WEBSITE.

  • Indemnification

YOU INDEMNIFY AND AGREE TO DEFEND AND HOLD HARMLESS LDV, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, ITS AND THEIR EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS FROM ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING BUT NOT LIMITED TO COURT COSTS, LEGAL FEES, ATTORNEY’S FEES, AWARDS, OR SETTLEMENTS) RELATING TO OR ARISING OUT OF YOUR USE OF THE WEBSITE, INCLUDING ANY BREACH BY YOU OF THE TERMS AND CONDITIONS.

  • Mandatory Arbitration, Class Action Waiver, Choice of Law, and Jurisdiction

PLEASE READ THE FOLLOWING SECTION CAREFULLY TO ENSURE THAT YOU UNDERSTAND IT FULLY.  THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION JURY TRIAL WAIVER PROVISION THAT REQUIRES USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY USING THE WEBSITE, YOU AGREE TO ARBITRATE ANY CLAIMS THAT YOU MAY HAVE OR CLAIM TO HAVE AGAINST LDV AND ITS SERVICE PROVIDERS, AND YOU GIVE UP YOUR RIGHT TO ASSERT SUCH CLAIMS IN A COURT OF LAW AND TO HAVE A JURY DETERMINE YOUR CLAIM(S).

 

This agreement to arbitrate shall be subject to the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, et al., and may be enforced pursuant to the FAA. The Terms and Conditions and any claims or disputes arising out of or relating to them, or your use of the Website is to be governed by and construed in accordance with the federal laws of the United States and the laws of the State of New Jersey, without regard to choice-of-law principles.  All claims or disputes arising in connection with the Terms and Conditions or use of the Website, relating to site operations and/or intellectual property, shall be resolved solely and exclusively by confidential, binding arbitration as provided below.

 

Prior to initiating arbitration, you and LDV each agree to notify the other party to the claim or dispute and attempt to negotiate an informal resolution.  You must send any notice of claim or dispute by e-mail to info@ldvlaw.com.  We will send any notice of claim or dispute to you at the address we have for you.  You and LDV will attempt to resolve any claim(s) or dispute(s) through informal negotiation within thirty (30) days from the date that the notice of claim or dispute is received.  If we are unable to resolve the claim or dispute through informal negotiation, you agree that the claim or dispute will be resolved through confidential, binding arbitration by a single impartial arbitrator rather than by a court of law.  

 

Any such claim or dispute shall be brought solely by you as an individual and not as part of, or as a representative of, a class.  The arbitration shall be conducted in New Jersey using the American Arbitration Association.  The arbitrator’s award shall be final and binding.  

 

The courts located within the State of New Jersey shall have exclusive jurisdiction and venue over any action if arbitration is not permitted by law, then any claim or dispute arising in connection with the Terms and Conditions or use of the Website.  You agree that any questions as to the enforceability of this arbitration agreement shall be decided by the arbitrator. You and LDV acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all claims and disputes.  You and LDV also acknowledge and agree that we are each waiving the right to a trial by jury.

 

You may opt out of this arbitration agreement by notifying us within thirty (30) days of the first day on which you use the Website of your desire to do so. Your notice that you choose to opt out must be sent via email to info@ldvlaw.com with the subject line “Arbitration Opt Out” or by certified mail to LDV, 5 Greentree Centre, 525 Rt. 73 North, Suite 400, Marlton, NJ 08053.  You agree that your failure to opt out in either of these manners shall constitute a waiver of your right to opt out and of any challenges to this agreement to arbitrate.

  • Miscellaneous

 

The Terms and Conditions and Privacy Policy constitute the sole and entire agreement between you and LDV with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

 

If any provision of the Terms and Conditions is found to be invalid, the remaining provisions will be in full force and effect.

 

The failure of LDV, its licensors, content providers, third party or service providers to exercise or enforce any right or provision of the Terms and Conditions shall not operate as a waiver of such right or provision.

 

The section titles in the Terms and Conditions are merely for your convenience and do not have any legal or contractual effect.

  • Contact Information

 

If you have any questions regarding the Terms and Conditions, please contact us at info@ldvlaw.com.