TMP’s Website Terms and Conditions

Date last revised: June 4, 2024

The following website terms and conditions (“the Terms and Conditions”) are made between Tromberg, Morris, Poulin, PLLC (“TMP”, “we,” “us,” or “our”) and you, the user (“you,” or “your,”) and govern your use of our website and online payment services (hereinafter collectively referred to as “the Website”) located at www.tmppllc.com.

By accessing, viewing, or using the content, material, or services available on the Website, you indicate that you have read and understand the Terms and Conditions, and that you agree to them and intend 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 not access or use any part of the Website and shall exit the Website immediately.

1.      Privacy Policy

For information about how TMP collects, uses, and protects your personal information, please see TMP’s Privacy Policy incorporated herein by reference.

2.      Changes to Terms and Conditions; Withdrawal of Services

TMP 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. TMP may withdraw the Website at any time without notification to you.

3.      Applicable Use

As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or otherwise prohibited by the Terms and Conditions. You agree further 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.

4.      Trademarks and Copyrights

All names, trademarks, service marks, symbols, slogans, and logos appearing on the Website are proprietary to TMP or its licensors. All other content on the Website is considered proprietary to TMP or its licensors. Use or misuse of these trademarks and other proprietary information is expressly prohibited and may violate federal and state trademark law. Through your use of the Website, you agree that you are using 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 TMP authorized representative and agree to cease any such unauthorized reproduction immediately upon notice from TMP. 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.

5.      General Disclaimer; No Warranties

The Website is intended to provide general information only. The information contained on the Website is believed to be accurate. However, no warranty or guarantee concerning the accuracy of said content is stated or implied. TMP 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. TMP is not responsible for any loss resulting from your reliance on any such information. TMP does not make any warranty, express, implied, limited or otherwise with respect to the Website. TMP 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.

6.      Disruption in Service

The Website may from time to time be or become 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 the end user, TMP shall not be liable for any damage, inaccuracy, adequacy, incompletion of information or materials submitted through your use of the Website.

7.      Hyperlinking

This Site may be hyperlinked to and by other websites which are not maintained by, or related to, TMP. Hyperlinks to such sites are provided as a service to you and are not sponsored by, endorsed, or otherwise affiliated with TMP. TMP has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from the Website to another web page should be accessed at your own risk. TMP 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.

8.      On-line Payment Services

The following terms and conditions govern your use of the online payment services provided as part of the Website:

a.      There may be circumstances under which you may not be able to view or make payment arrangements on a particular matter. In such an event, please contact us at the contact information set forth in Section 17 below.

b.      We accept online payments made with debit cards, bank wires, ACH’s.

c.       Payments processed using your checking or savings 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 are authorizing TMP 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.

d.      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 800-280-6205 or writing to us at info@tmppllc.com.

e.      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.

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

g.      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.

h.      TMP 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.

i.         Any passwords you use to access our online payment services are for your individual use only. You are responsible for the security of your passwords at all times. From time to time, TMP may require you to change your password.

9.      Electronic Communications

If you provide your cellphone number or an email address when using the Website, you consent to TMP sending you communications via text message (if a cellphone number was provided) or via email (if an e-mail address was provided), as applicable, regarding your matter and any matters you may have with TMP in the future.

To withdraw consent;

·         For text messages, to opt out text STOP;

·         For emails to unsubscribe, use the unsubscribe link at the bottom of the email;

·         or contact us at 800-280-6205 or info@tmppllc.com

When we send you a text message or email it is intended to be accessed only by you. Therefore, please use a telephone number or email address that is only able to be accessed by you and not provided by your employer. You understand that if you use a telephone number or email address provided by your employer, your employer may see or access such communication. You agree that we have no control over anyone else who may view a text message or email we send to you and will not be liable for any such disclosure.

You understand that text messages and/or 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 a text message and/or email was undeliverable. Even though you may provide GFC consent for text messages and e-mail communications, GFC may still send you written correspondence through the U.S. mail at our discretion.

10.   Electronic Signature

Your use of the Website demonstrates your intent to conduct electronic transactions with TMP. You agree that an electronic agreement is valid and legally enforceable and carries the same legal weight as a written agreement with your handwritten signature. You agree that the Terms and Conditions may be executed by you electronically by clicking on the acceptance box below.  You further agree that any additional agreements with TMP to authorize and make payment will be executed by you electronically by clicking on the acceptance box presented to you in each instance. With respect to electronic communications, by sending us your contact information electronically you are providing your consent for the electronic communication method provided.

11.   SMS Policy

If you have provided us with your cellphone number, please note the following:

a.      You agree you have ownership rights or permission to use the cellphone number provided to us.

b.      You may withdraw your consent to receive text messages from us by texting STOP in reply to any text message we send you. After you withdraw your consent, we may send you one text message in response confirming you have opted out. After this, you will no longer receive text messages from us until or unless you re-subscribe.

c.       Message and data rates may apply.

d.      For further assistance, text HELP in reply to any text message we send you or contact us at the contact information below.

e.      Wireless carriers are not liable for undelivered text messages or delays in your receipt of text messages.

12.   Notice about Electronic Check Conversion

When you provide a check as payment, you authorize TMP either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction.

13.   Limitation on Liability

BY ACCESSING AND USING THE WEBSITE, YOU AGREE THAT IN NO EVENT WILL TMP, 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.

14.   Indemnification

YOU INDEMNIFY AND AGREE TO DEFEND AND HOLD HARMLESS TMP, 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.

15.   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 TMP 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 that Act. 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 Florida, 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 TMP 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 dispute@tmppllc.com. We will send any notice of claim or dispute to you at the address we have for you. You and TMP 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 Florida using the American Arbitration Association. The arbitrator’s award shall be final and binding. The courts located within the State of Florida shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) 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 TMP 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 TMP 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@tmppllc.com with the subject line “Arbitration Opt Out” or by certified mail to TMP, 39 Broadway, Suite 1250, New York, NY 10006 Attn: Legal Department. 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.

16.   Miscellaneous

a.      The Terms and Conditions and Privacy Policy constitute the sole and entire agreement between you and TMP 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.

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

c.       The failure of TMP, 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.

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

17.   Contact Information

If you have any questions regarding the Terms and Conditions, please contact us at 800-280- 6205 or by emailing us at info@tmppllc.com.