Terms Of Use

THIS WWW.855MIKEWINS.COM/WEBSITE (“SITE”) IS OWNED AND OPERATED BY MICHAEL J MORSE, P.C. (the “Firm”). THESE TERMS OF USE (these “TERMS”) GOVERN YOUR ACCESS TO AND USE OF THE SITE. YOU SHOULD CAREFULLY READ THESE TERMS. YOUR USE OF THE SITE MEANS THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND THAT YOU HAVE ENTERED INTO A BINDING LEGAL AGREEMENT WITH THE FIRM IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS YOU SHOULD DISCONTINUE YOUR USE OF THE SITE. IN ADDITION, WHEN USING A PARTICULAR SERVICE AND/OR ACCESSING CERTAIN MATERIALS ON OR THROUGH THE SITE, YOU SHALL BE SUBJECT TO ANY POSTED TERMS OR RULES APPLICABLE TO SUCH SERVICES OR MATERIALS, WHICH ARE IN ADDITION TO THESE TERMS. ALL SUCH TERMS OR RULES ARE HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS, AND IF YOU DO NOT AGREE WITH THEM YOU SHOULD NOT USE THE SERVICE AND/OR MATERIALS.

Consumer Communication

To ensure that consumers’ inquiries are handled accurately, courteously, and promptly, phone calls between you and the Firm or any of our affiliates, agents, case managers, paralegals, and/or attorneys may be recorded. We may from time to time make calls and/or send text messages to you at any telephone number associated with your account. The manner in which these calls or text (SMS) messages are made to you may include, but is not limited to, the use of prerecorded or artificial voice messages or an automatic telephone dialing system. You certify, warrant, and represent that the telephone numbers you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree that the Firm may send emails to you at any email address you provide us, or use other electronic means of communication to the extent permitted by law.

Content Is Information Only, Not Advice

Thank you for visiting Site. The information contained on the Site is provided for educational and informational purposes only and the contents of the Site are not and should not be construed as legal advice. As is described further below, nothing on the Site is medical advice or should supplement or inform in anyway your medical decisions or a decision to seek medical advice.

The Site is not an offer to perform services on any matter. This Site contains general information from a variety of sources and might not reflect current legal developments, verdicts or settlements. We do not undertake to update material in our Site to reflect subsequent legal or other developments.

This Site is designed to be accessible to and usable by people with and without disabilities. Please call us at 855-645-3946 or email us at webteam@855mikewins.com if you have any accessibility or usability issue on the Site.

We may update, change, modify, or revise these Terms at any time and for any reason. Any changes will become effective upon posting to the Site, along with the date on which it was most recently revised as indicated by the “Last Updated” heading at the top of these Terms. Your continued access to and/or use of the Site after any such modifications constitute your acceptance of the Terms as modified. It is your responsibility to review the Terms of Use regularly for updates. Please contact us as provided above if you would like information regarding any modifications. If any modification to these Terms of Use is held to be invalid, void, or unenforceable for any reason, such modifications shall be deemed severable and shall not affect the validity and enforceability of these Terms of Use and the remaining provision.

Ownership and Intellectual Property Rights

The Site and the Firm software, systems, technology, and know-how (“the Firm Technology”) are owned by or licensed to the Firm and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and proprietary rights. All trademarks, trade names, graphics, logos, and trade dress included in or made available through the Site (including, without limitation, “855MIKEWINS”) are owned by or licensed to the Firm and protected by U.S. and international trademark laws (collectively, the “Marks”).

Except as expressly set forth herein, nothing herein shall be construed to confer any grant or license of any the Firm Intellectual Property Rights, whether by estoppel, by implication, or otherwise. You are strictly prohibited from using any the Firm intellectual property except as expressly provided in these Terms of Use. You are also advised that the Firm and its licensors will aggressively enforce its intellectual property rights to the fullest extent of the law.

Restrictions on Use

You agree not to:

• reproduce, distribute, publically display, or otherwise transfer the Site;

• adapt, alter, modify, reverse engineer, disassemble, or decompile the Site;

• prepare derivative works based on the Site or any the Firm technology;

• remove, obscure, or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Site;

• frame, mirror, or in-line link the Site, or incorporate into another website, application, or other service any the Firm intellectual property;

• use the Site for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;

• attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;

• interfere with any access control measures or attempt to disable or circumvent such security features;

• post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;

• submit or post any false or misleading information; and/or

• violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of the Firm, its licensors, or any other person or entity.

We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Site, users, us, our brand, our business partners and licensors, or any other person or entity, or that violates these Terms of Use and/or applicable law.

Any unauthorized use automatically terminates the license granted to you hereunder.

No Relationship or Obligation Arises from Use of the Site

The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts, and who is licensed in the applicable state, and is familiar with the applicable law. Internet subscribers, mobile application users, and online readers should seek professional counsel about their legal rights and remedies. You should not act or refrain from acting on the basis of any information found the Site. Any actions or decisions about your legal rights should be based on the particular facts and circumstances of your situation, and appropriate legal advice from an attorney retained directly by you. The Firm EXPRESSLY DISCLAIMS ALL LIABILITY WITH RESPECT TO ACTIONS TAKEN OR NOT TAKEN BASED UPON ANY INFORMATION OR OTHER CONTENTS OF THIS SITE. Viewing the Site, or communicating with the Firm by e-mail or through the Site does not constitute or create an attorney-client relationship with anyone. The content and features on the Site do not create, and are not intended to create, an attorney-client relationship, and shall not be construed as legal advice. The content and features of the Site, including means to submit a question or information, do not constitute an offer to represent you or otherwise give rise to an attorney/client relationship.

THE SITE IS PROVIDED “AS IS”. THE FIRM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND ONLINE SERVICES AND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE FIRM DOES NOT GUARANTEE THAT THE ONLINE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

Accounts

To use some features of the Site, you may be required to create an account. In connection therewith, you agree to provide and maintain true, accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of the information you hold for your account login, including your password, and for all comments, data, images and other content made from your account (each, a “Submission”). You agree to notify us immediately of any unauthorized use of your login. The Firm may suspend access to your account if it suspects illegal or improper use, or for other reasons, such as for account management purposes, at its sole discretion.

Confidentiality is Not Guaranteed

Information sent to the Firm via e-mail or through the Site is not secure and is done on a non-confidential basis. The Firm may make reasonable efforts to keep communications private, but because of the nature of Internet communications and the absence of an attorney/client relationship, we cannot promise or guarantee confidentiality.

DISCLAIMER – This Site Does Not Provide Medical Diagnosis or Advice

The content provided on the Site, such as documents, text, graphics, images, videos, news alerts, pharmaceutical drug recalls, prescription medication history, or information on litigation concerning the foregoing topics, or other materials, is for informational purposes only. The information is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always consult a physician for diagnosis and treatment of any medical condition or for any questions you may have regarding a health concern. Never disregard professional medical advice, alter a prescription plan in anyway, or delay or refrain from seeking medical advice because of something you have read or seen on the Site. Links to other sites are provided for information only. Use of trade names is for identification only and does not constitute endorsement by the Firm.

Without limiting the generality of the foregoing, the Site may present information about pharmaceutical drug recalls, which is for information purposes only. Such information is not necessarily the most current information on subject and may or may not be updated based on the last information concerning such recalls. Do not make any make any decisions regarding medication or medical providers based on information from the Site including but not limited to information we provide about drug recalls.

The Firm Is Not Responsible for Content; Limitation on Liability

The Firm may periodically change, remove, or add the material on the Site without notice. This material may contain technical or typographical errors. We do not guarantee the accuracy, completeness or suitability of any such content. The Firm assumes no liability or responsibility for any errors or omissions in the contents of the Site. Your use of the Site is at your own risk. Under no circumstances shall the Firm or any other party involved in the creation, production or delivery of the Site be liable to you or any other person for any indirect, special, incidental, or consequential damages of any kind arising from your access to, or use of, the Site. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL the Firm BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RELATING TO THIS MATERIAL, FOR ANY USE OF THIS WEBSITE, OR FOR ANY OTHER LINKED WEBSITE.

Third-party Web Sites

The Site contains links to third party web sites for the convenience of our users. The Firm does not endorse any of these third party sites and does not imply any association between the Firm and those sites. The Firm does not control these third party web sites and cannot represent that their policies and practices will be consistent with these Terms. If you use links to access and use such web sites, you do so at your own risk. The Firm is not responsible for the contents or availability of any linked sites. These links are provided only as a convenience to the recipient. These Terms only apply to the Site and do not apply to any linked sites. We encourage you to read and understand the terms of use of any linked sites that you visit. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through any linked site.

State Laws Vary

The Firm lawyers are licensed to practice law only within the state of Michigan and other states identified in our Site but we affiliate or form relationships with lawyers throughout the United States. The Firm may refer prospective clients to other law firms located throughout the country, who form relationships with the Firm, and are experienced in handling such cases. The Firm may also undertake legal representation in certain cases, and will affiliate with other legal counsel located throughout the country to provide legal representation. The laws of each State are different. The Site contains information about general or common rules that apply in some states. The Site also contains information about verdicts or settlements in past cases. You cannot assume that the same rules apply, or that the same result would occur, in your state or any particular state. The Statute of Limitations is especially important. Every state has laws called the “statute of limitations” which set a deadline to file a lawsuit. That means that a lawsuit filed too late may be thrown out, regardless of the defendant’s fault or the severity of the injuries. Some states have a two-year period for negligence injury claims; the time period in other states may be longer or shorter. Insurance policies, particularly homeowners insurance, may require that suit be filed within one year of a loss. Some states allow claims against government agencies, but require a written notice very soon after the accident, perhaps within three months. Because investigation and research is needed to identify all possible defendants and theories of recovery, if you have an accident or injury, you should consult a lawyer as soon as possible.

Firm Clients

Only individuals who have entered into a mutually signed retainer agreement with the Firm are the Firm clients (“Firm Clients”). Certain portions of the Site designated as such by the Firm, may be available for use only by the Firm Clients. When the Firm Clients use such portions of the Site designated by the Firm to communicate with us pursuant to our representation of a the Firm Client, we will ensure that any information provided pursuant to such attorney/client relationship may not be shared with third parties except as is done with such precautions to preserve the confidentiality of the relevant information and any attorney/client privilege as may attach to such information. the Firm takes commercially reasonable measures to secure and protect the information that we collect.

Legal and Ethical Requirements

The Firm has tried to comply with all legal and ethical requirements in compiling the Site. We welcome comments about our compliance with the applicable rules and will update the Site as warranted, upon learning of any new or different requirements.

Submissions

You are solely responsible for any information, content, or material you transmit to or through the Site (“Submissions”). You understand that Submissions are considered non-confidential and non-proprietary. Furthermore, you grant the Firm an unrestricted, irrevocable, perpetual, transferable, subliscensable, worldwide, royalty-free license to use, copy, reproduce, display, publish, publicly perform, transmit, and distribute any Submission, without compensation or accounting to you or anyone else. You represent and warrant that: (a) you have the right to submit the Submission to the Firm and grant the licenses as described above; (b) the Firm will not need to obtain licenses from any third party or pay royalties to any third party for its use of the Submission; (c) the Submission does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (d) the Submission complies with these Terms of Use and all applicable laws and regulations.

The Firm takes no responsibility and assumes no liability for any Submission.

International Use

The Site is controlled, operated, and administered by the Firm from offices within the United States of America and is only intended for use therein. We make no representation regarding use of the Site outside of the United States.

Other Terms

If, for any reason any provision of these Terms or our Privacy Policy is unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms and Privacy Policy shall continue in full force and effect. The Firm’s failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by the Firm hereof will be deemed effective unless in writing. These Terms, together with our Privacy Policy, as each is currently posted, constitute the entire agreement between the Firm and you with respect to your use of the Site and supersede all previous written or oral agreements relating to the subject matter hereof, except that this agreement shall not supersede, restrict, or replace any agreements governing the attorney-client relationship between the Firm and the Firm Clients.

The Firm may, in its sole discretion and without prior notice, block and/or terminate your access to the Site and if we determine that you have violated these Terms or other terms or agreements or that may be associated therewith or if you use the Site in a way that we deem, in our sole discretion, to be an unacceptable use.

Copyright

Copyright ©2021 Michael J. Morse, P.C. All rights reserved. All materials presented on this site are copyrighted and owned by The Firm unless in the public domain or attributed to another source. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.

Michigan Law and Jurisdiction

In order to ensure consistency in the interpretation and enforcement of these Terms and the Firm’s rights in the Site, these Terms will be governed exclusively by Michigan law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation arising between you and the Firm related, in any way, to the Site and/or these Terms, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained only in the U.S. District Court for the Eastern District of Michigan, Southern Division, and/or the Circuit Court of the County of Washtenaw, Michigan. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.

Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms shall remain in full force and effect.