Terms of Use
Important: these Terms contain a binding arbitration clause and a class action and jury trial waiver. Please read Binding arbitration and class action waiver. It affects your legal rights. You may opt out within 30 days.
These Terms cover the Website only
These Terms cover your use of ecom.law (the “Website”), run by Rafelson Law PLLC (“we” or “us”). They cover the Website only. They do not govern legal services. Your engagement agreement governs any legal services we provide. If you do not agree to these Terms, do not use the Website. By using the Website, you confirm you are at least 18.
No legal advice and no attorney-client relationship
Nothing on this Website is legal advice. Using this Website or sending us a message does not make you our client. Only a signed engagement agreement creates an attorney-client relationship. Please do not send confidential details until we confirm in writing we represent you. By sending a message before we agree to represent you, you agree the information you send will not stop us from representing another party in the same matter, and we will not use it against you. See our Legal Notices and Privacy Notice for more.
Who we serve
We are a Florida law firm. Our lawyers are licensed in Florida, New York and New Jersey. We advise clients around the world on United States law and United States marketplaces. Information on this Website describes United States law unless we say otherwise.
Your use of our content
We own the content on this Website or license it from others. You are free to read, print and share our content for your own business use. You are free to link to any page on this Website. Do not republish or sell our content, frame our pages or suggest we endorse you without our written permission. Do not scrape or bulk copy our content. Search engines and similar indexing services are welcome to crawl this site. Do not use the Website to break the law, send spam, impersonate anyone, introduce malicious code or interfere with the Website or its servers. We cooperate with law enforcement and courts when the law requires it. For permission to use our content in other ways, email [email protected].
Trademarks
The names Rafelson Law, Rafelson Law PLLC and eCom.law, and the firm logo, are trademarks of Rafelson Law PLLC. Other names and logos on this Website belong to their owners.
Accuracy and links
We publish the content on this Website for general information. We update it from time to time, and parts of it will be out of date at any given time. We do not warrant its accuracy or completeness. Links to other sites are for your convenience. We do not control those sites and are not responsible for them.
Disclaimer and limitation of liability
We provide the Website as is and as available, without warranties of any kind, express or implied, to the extent the law allows. To the extent the law allows, we are not liable for any damages arising from your use of, or inability to use, the Website or any site linked from it.
Cookies, pixels and tracking
This Website uses cookies, pixels, tags, session replay, analytics and similar tracking technologies, operated by us and by vendors such as Google, Microsoft, Hotjar, Automattic and Meta. Our Privacy Notice describes each tool, what it collects and how to opt out. By using the Website you consent to these technologies, including the recording of your interactions with our pages and the sharing of page addresses (URLs) with those vendors, as the Privacy Notice describes. If you do not consent, do not use the Website. You can also limit these tools with the browser and vendor choices the Privacy Notice lists.
Accessibility
We want everyone to be able to use this Website. We work toward conformance with the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA. If any part of the Website is hard for you to use, or you need information in another format, email [email protected] with “Accessibility” in the subject line or call (833) 326-6529. Tell us the page and the problem. We will work with you to provide the information you need.
Binding arbitration and class action waiver
Please read this section carefully. It requires you to resolve disputes with us through individual arbitration and limits how you can seek relief.
1. Agreement to arbitrate. You and Rafelson Law PLLC agree to resolve any and all claims, disputes or controversies arising out of or relating to your access to or use of the Website or these Terms (each a “Claim”) by final and binding individual arbitration instead of in court. This includes Claims based on contract, tort, statute, regulation or any other legal theory. It expressly includes Claims about:
- cookies, pixels, tags, session replay, chat tools, analytics or other tracking technologies on the Website;
- privacy, wiretapping, eavesdropping, pen register or trap-and-trace laws, including the California Invasion of Privacy Act, the federal Wiretap Act, the Video Privacy Protection Act and similar state or federal laws;
- the collection, use or disclosure of information about your visits to the Website;
- the accessibility of the Website, including Claims under the Americans with Disabilities Act, the California Unruh Civil Rights Act and similar laws.
2. Clients. This section does not apply to disputes between Rafelson Law PLLC and a client it represents. Those disputes are governed by the client’s engagement agreement, which may include an agreement to arbitrate made with the client’s informed consent.
3. Who decides arbitrability. The arbitrator, and not any court, has exclusive authority to decide all issues about the interpretation, applicability, scope, enforceability, unconscionability or formation of this arbitration agreement, including whether a Claim is subject to arbitration. Only a court may decide the enforceability of the class action waiver in part 6 and the procedures in part 8, and whether part 4 applies.
4. Small claims. Either party may bring an individual Claim in small claims court in Palm Beach County, Florida, if the Claim qualifies and stays in that court on an individual basis.
5. Rules and place. The American Arbitration Association (“AAA”) administers the arbitration under its Consumer Arbitration Rules in effect when the arbitration starts, available at adr.org. One arbitrator decides each Claim. The arbitration takes place in Palm Beach County, Florida. A hearing may proceed by video or on written submissions where the AAA rules allow, and the arbitrator may set a different location if needed to make the arbitration fair. Payment of AAA and arbitrator fees follows the AAA Consumer Arbitration Rules. The arbitrator may award the same individual relief a court could award, and the award is final and may be entered in any court with jurisdiction.
6. Individual claims only. You and Rafelson Law PLLC may bring Claims only in an individual capacity and not as a plaintiff or class member in any class, collective, consolidated, private attorney general or representative proceeding. The arbitrator may not consolidate the Claims of more than one person and may award relief only to the individual party seeking it and only to the extent needed for that party’s individual Claim. If a request for public injunctive relief cannot be waived under applicable law, that request is decided by a court after the individual Claims are arbitrated, and the court proceeding is paused until then.
7. Jury trial waiver. YOU AND RAFELSON LAW PLLC EACH WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO HAVE A CLAIM DECIDED BY A JUDGE IN COURT, EXCEPT IN SMALL CLAIMS COURT OR AS STATED IN PART 6.
8. Mass arbitration. If 25 or more similar Claims are brought against us by or with the help of the same or coordinated counsel or organizations (“Mass Claims”), these procedures apply. Before filing, each claimant must send us an individual notice of the Claim, signed by the claimant, and the parties must meet in an informal individual settlement conference within 60 days. Then the Mass Claims are filed in batches of up to 50, with no new batch filed until the earlier batch is resolved. The first batch serves as bellwether proceedings: counsel for each side picks up to 10 Claims, each decided by a different arbitrator. After those decisions, the parties must mediate the remaining Mass Claims in good faith for at least 60 days. Remaining Claims not resolved proceed in batches of up to 50, and the AAA may assign one arbitrator per batch. Limitations periods are paused for Claims waiting under this part. A court may enforce this part, including by stopping the filing or administration of Mass Claims that do not follow it.
9. Opt out within 30 days. You may opt out of this arbitration agreement by emailing [email protected] within 30 days after you first use the Website or first agree to these Terms, whichever is later. Include your name, your email address and a clear statement that you opt out of arbitration. Opting out does not affect the rest of these Terms.
10. Federal Arbitration Act. This arbitration agreement involves interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. sections 1 to 16, and federal arbitration law.
11. Severability and survival. If the class action waiver in part 6 is found unenforceable as to a Claim, that Claim must proceed in court under “Governing law and courts” and not in arbitration. If any other part of this section is found unenforceable, the rest stays in effect. This section survives after you stop using the Website.
Governing law and courts
Florida law governs these Terms and any dispute about the Website, without regard to conflict of law rules, except that the Federal Arbitration Act governs the arbitration section. Any Claim that is not arbitrated, including a Claim by a user who opts out, belongs exclusively in the state courts in Palm Beach County, Florida, or the U.S. District Court for the Southern District of Florida. You consent to those courts.
Changes
We update these Terms by posting the new version here with a new date.
Contact
Rafelson Law PLLC, 2255 Glades Road, Suite 319A, Boca Raton, FL 33431. Email [email protected] or call (833) 326-6529.
Questions about these Terms?
Email or call us with any question about the Website.
Rafelson Law PLLC · 2255 Glades Rd, Suite 319A, Boca Raton, FL 33431
Phone: (833) 326-6529 · Email: [email protected]
Informational only; not legal advice. Contacting us does not create an attorney-client relationship, which begins only with a signed written engagement. Please do not send confidential details until we confirm in writing that we represent you. If you face a deadline, say so in your first message.