Terms of Use

These Terms of Use (the “Terms”) govern your access to and use of the website located at brianbair.law (the “Website”), which is operated by The Law Office of Brian J. Bair, LLC (the “Firm,” “we,” “us,” or “our”). By accessing or using the Website, or by submitting information to us through the Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use the Website.

1. Informational Purpose; Not Legal Advice

The Website and its contents are provided for general informational purposes only and do not constitute legal advice. Your use of the Website is also subject to our Disclaimer, which is incorporated into these Terms by reference. You should not act, or refrain from acting, on the basis of any information on the Website without seeking individualized legal counsel.

2. No Attorney–Client Relationship

Accessing the Website, contacting the Firm through the Website, or submitting an intake form does not create an attorney–client relationship between you and the Firm. An attorney–client relationship is formed only upon the execution of a written engagement or retainer agreement signed by both you and the Firm. Until such an agreement is in place, any information you submit may not be treated as confidential or privileged, and you should not send confidential or time-sensitive information to the Firm through the Website.

3. Submissions Through the Website

If you submit information to the Firm through an intake form or other feature of the Website, you represent that the information you provide is true, accurate, and complete, and that you are authorized to provide it. Submitting information does not obligate the Firm to respond to you or to provide any legal services, and the Firm may decline any prospective engagement in its sole discretion, including where a conflict of interest exists.

4. Intellectual Property

Unless otherwise indicated, all content on the Website, including text, graphics, logos, page design, and the selection and arrangement thereof, is the property of the Firm and is protected by United States copyright, trademark, and other intellectual property laws. The name “The Law Office of Brian J. Bair, LLC” and any associated logos or marks may not be used without our prior written permission. You may view and print portions of the Website for your own personal, non-commercial reference, provided you retain all copyright and proprietary notices. Any other use— including reproduction, modification, distribution, republication, or display—without our prior written permission is prohibited. You may not systematically extract, scrape, harvest, or collect data from the Website by automated or other means.

5. Acceptable Use

You agree not to use the Website: for any unlawful or fraudulent purpose; to infringe the intellectual property or other rights of any party; to transmit any virus, malware, or other harmful code; to interfere with or circumvent the security or proper functioning of the Website; to harvest or collect information about other users; to submit false or misleading information; or to harass, abuse, or harm another person. We reserve the right to suspend or terminate your access to the Website at any time, without notice, for conduct that we believe violates these Terms or is otherwise harmful.

6. Third-Party Links

The Website may contain links to third-party websites provided solely for your convenience. We do not control, endorse, or assume responsibility for the content, accuracy, or practices of any third-party website. Accessing any third-party website is at your own risk, and your use of such websites is governed by their own terms and policies.

7. Privacy

Your use of the Website is also governed by our Privacy Policy, which describes how we collect, use, and handle information in connection with the Website and is incorporated into these Terms by reference.

8. Disclaimer of Warranties

The Website and its contents are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Website will be uninterrupted, secure, or error-free, or that any information on the Website is current, complete, or accurate. To the fullest extent permitted by law, we disclaim all such warranties.

9. Limitation of Liability

To the fullest extent permitted by law, in no event will the Firm or its members, employees, or agents be liable for any indirect, incidental, consequential, special, or punitive damages, or for any loss of data, profits, or goodwill, arising out of or relating to your access to or use of (or inability to use) the Website, whether based in contract, tort, or any other legal theory, even if advised of the possibility of such damages. In all events, the aggregate liability of the Firm arising out of or relating to the Website or these Terms will not exceed one hundred U.S. dollars ($100). Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you. Nothing in this section or these Terms limits, excludes, or waives any liability for professional malpractice, or any obligation under the applicable rules of professional conduct, that may not be limited, excluded, or waived under applicable law.

10. Indemnification

To the fullest extent permitted by law, and except to the extent arising from the Firm's own negligence or willful misconduct, you agree to indemnify, defend, and hold harmless the Firm and its members, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to your use of the Website, your violation of these Terms, or your violation of any law or the rights of any third party.

The Firm reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with the Firm in asserting any available defenses. You will not settle any matter or claim on the Firm's behalf without the Firm's prior written consent.

11. Binding Arbitration; Waiver of Court and Jury Trial; Class-Action Waiver

Any dispute, claim, or controversy arising out of or relating to your access to or use of the Website or to these Terms (a “Dispute”) will be resolved exclusively by final and binding individual arbitration, rather than in court, except as expressly provided below. By agreeing to these Terms, you and the Firm each knowingly and voluntarily give up the right to have any Dispute decided by a judge or jury in a court of law, and instead agree that all Disputes will be resolved by a single neutral arbitrator. You understand that you are waiving your right to sue in court and your right to a trial by jury.

The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, and will be seated in New Jersey. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

Class-Action Waiver. You and the Firm agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. You expressly waive any right to participate in a class action or to have any Dispute resolved on a class or representative basis, and the arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding.

Scope and Exceptions. This arbitration agreement applies only to Disputes arising from your use of the Website and these Terms. It does not apply to, modify, or waive (i) any matter governed by a separate written engagement or retainer agreement between you and the Firm, which will control over these Terms with respect to the legal services described in it; or (ii) any right you may have under the New Jersey Court Rules governing attorney–client fee arbitration (including Rule 1:20A) or other applicable rules of professional conduct, which are expressly preserved. Either party may also bring an individual claim in a small-claims court with jurisdiction over the matter.

12. Governing Law

These Terms and any Dispute arising out of or relating to them or to the Website are governed by the laws of the State of New Jersey, without regard to its conflict-of-laws principles, and, with respect to arbitration, by the Federal Arbitration Act. Subject to the arbitration provision above, you agree that any action not subject to arbitration will be brought exclusively in the state or federal courts located in New Jersey, and you consent to the personal jurisdiction of those courts.

13. Changes to These Terms of Use

We may revise these Terms from time to time. When we do, we will update the “Last updated” date at the top of this page, and the revised Terms will be effective upon posting. Your continued use of the Website after any change constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

14. Severability

Nothing in these Terms requires the commission of any act or omission that is contrary to any law.

If any provision(s) of these Terms conflicts with any present or future statute, law, ordinance, or regulation, the affected provision(s) is to be limited only to the extent necessary, and any unaffected provisions of these Terms are severable and are to remain in full force and effect.

If any provision(s) of these Terms, in whole or in part, is held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable for any reason, said provision(s) is to be limited only to the extent necessary, and any unaffected provisions of these Terms are severable and are to remain in full force and effect.

If any provision(s) of these Terms, in whole or in part, is held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable with respect to particular circumstances, the affected provision(s), nevertheless, is to be limited only to the extent necessary, and remains in full force and effect in all other circumstances.

15. No Third-Party Beneficiaries

There are no third-party beneficiaries to these Terms. The Firm may assign its rights or delegate any of its responsibilities under these Terms to an affiliate or in connection with a merger, consolidation, or reorganization, or the sale or transfer of all or substantially all of its practice, consistent with applicable rules of professional conduct.

16. Entire Agreement

These Terms, together with the Disclaimer and Privacy Policy, constitute the entire agreement between you and the Firm regarding your use of the Website and supersede any prior agreements on that subject. These Terms do not govern the attorney–client relationship, which is established and governed solely by a separate written engagement agreement.

17. Questions

If you have any questions about these Terms, please contact the Firm at contact@brianbair.law.