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Recent Jurisdiction questions

According to the FTC, Massachusetts does NOT allow sellers

According to the FTC, Massachusetts does NOT allow sellers to sell things "as is." I downloaded a terms and conditions template and I am working on editing it. But there's one clause that is confusing me on what to do with, because it seems to not be compliant with MA law.At the same time, I want to reduce me liability as much as possible in this specific clause. I'm not sure I'm allowed to claim "not liable" in Massachusetts for "direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through or sold by the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if Company has been advised of the possibility of damages."I need you to please review my whole clause and tell me how to edit it to 1) reduce my liability as much as possible in MA and 2) how to be complaint with MA laws about implied warranties. Here is the full clause:"The information, software, third party links, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Company and/or its suppliers may make improvements and/or changes in the site at any time.Company makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on or sold by the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. Company hereby disclaims all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.To the maximum extent permitted by applicable law, in no event shall Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through or sold by the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if Company has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site."Thank you!

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Richard - Bizlaw

Juris Doctor

11,214 satisfied customers
We provide Full Time Equivalent Employees (FTEs) to work at

We provide Full Time Equivalent Employees (FTEs) to work at government client sites in the District of Columbia, Maryland, and Virginia. Our company headquarters is in Michigan and we are registered as a corporation in Delaware. Question: Must we register as a foreign corporation in the District of Columbia, Maryland, Michigan, and Virginia to employ our FTEs in these states? The only place we have a physical office is in Michigan, the rest of the work is done in government buildings.

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John

Attorney

Doctoral Degree

9,024 satisfied customers
Can a defendant when he fires his corporate lawyer for

Can a defendant when he fires his corporate lawyer for incompetence be forced to engage in interrogatories (first ones) when plaintiff is a party who stole our endorsed $1MM value stock certificate. It disappeared in 2014 October when in the fiduciary transfer agent hands. To cover up SEC violations and extortion they sued us for 'breach of contract'. It was a benign case. Our lawyer went on many little holidays, did not take time to read, didn't allow time for our own "scope" with exhibits in an Affidavit or Declaration under penalty of perjury, as we wanted. The original event of the theft and extortion was 2 months. Because -in our opinion-we were prevented from having our story and simple proof facts as exhibits, facts such as the copy of the stock certificate not in complaint, the demand for stock return, the extortion emails back. But lawyer made us submit lots of unrelated discovery Dec 30. To opposing counsel. Why? we had a Motion to Compel, they OC didn't like our documents. They are after our software company. We fired lawyer last Monday; we won't entertain wrong 'scope' of mafia-type-men. Our lawyers say it is criminal. But we're in civil case. So: IF WE REFUSE INTEROGATORIES THAT ARE WHOLLY UNRELATED: can we ultimately, if ruled against by the judge, or for what cause, can we then go into Appeal? Where our rights to the truth and a defense can start over again? We fired our lawyer. Ended up that the whole firm can't represent us. Court is making firm represent us. But they can't go against their own guy, they want to file the Affidavit, they see the truth. But they want us to answer baloney, non-related to their own THEFT, STEALING AND CASHING OUR ENDORSED STOCK. SO THEY ALLEGE 'BREACH OF CONTACT'. I can deal with Breach of Contract -theirs, but I needed to have our Affidavit. Their complaint had no facts at all in it; scope has to be Answered. So we answered Deny Deny. But our lawyer went on many vacations and just couldn't bring himself to retype our Affidavits, edit, add the solid Exhibits. He wanted to 'save them for the trial'. A gallows trial in October. We hired ours 6 mos ago,but we don't have declaration, affidavit, nothing. Just the bad guys on a roll.

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Irwin Law

Juris Doctor JD

9,660 satisfied customers
What to do if there's a breach of contract from a citizen of

What to do if there's a breach of contract from a citizen of another country. The contract states New York as the governing law.

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Phillips Esq.

Attorney

Juris Doctor

21,274 satisfied customers
Second opinion] I am an overseas customer purchasing car

Second opinion] I am an overseas customer purchasing car audio accessories for my shop in my country. I purchased products that were on sale from the company and after few years these products began to deteriorate that they are unusable. The company says they cannot help me.JA: What state are you in? It matters because laws vary by location.Customer: I am an international customerJA: Has anything been filed or reported?Customer: no I only wrote the companyJA: Anything else you want the lawyer to know before I connect you?Customer: Advice would be helpful as I don't know what direction to go

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Richard - Bizlaw

Juris Doctor

11,214 satisfied customers
I want a very good reason to file for a rehearing with the

I want a very good reason to file for a rehearing with the Supreme Court. I am filing under Supreme Court Rule 44. This is an urgent matter and needs a lot of detail. My Supreme Court case was 16-968, Meidinger v. Commissioner of Internal Revenue Service, I was asking for a writ of certiorari. The acting Solicitor General waived his right to response, so there was no objection to my request. The Supreme Court just denied my case. The 11th Circuit of Appeals upheld the lower federal District Courts finding that it did not have the authority to tell the IRS to do its job, when it involved a whistleblower claim. The CIR in its reply admitted I had identified a tax evasion scheme but he had the "discretionary authority not to investigate or collect any taxes; he stated this but gave no legal citation for this authority. The lower federal district court said the tax court had the authority to order the IRS to do Its job. If you remember, the DC circuit court of appeals said the tax court did not have this authority. I appealed under Supreme Court rule 10(1)(A), which state that when to Appeals court have conflicting opinions the Supreme Court must settle the issue, I also file under rule 13, appealing a lower court of appeal's decision. By denying my petition the Supreme Court is saying no court can tell the IRS what to do. I also stated the CIR violated the Administrative Procedures Act. I now need a very good reason for a rehearing. Almost always the rehearing is requested with new evidence that was previously unavailable, but I need something stronger which says the Court was wrong on either the facts or the law. As usual I am relying on your tremendous skill and ability to find a solution Roy J. Meidinger

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Maverick

Doctoral Degree

7,722 satisfied customers
I got a fine from the US Customs on storing goods with

I got a fine from the US Customs on storing goods with trademark issues, and I cannot afford the payment. Now my company is shut down and I have returned to my country, and I don't plan to return to the US in the foreseeable future. I wonder in this case, what will the US customs do the next? I don't own any assets in the US. Thank you very much.

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Thelawman2

Doctoral Degree

2,110 satisfied customers
I am reviewing an operating agreement for a new startup and

I am reviewing an operating agreement for a new startup and I am concerned about the binding arbitration clause. The business concept originated from me for this new startup, and another company I formed has an already issued US patent on technology that would be the essence of this new startup. How risk is the following arbitration clause in a situation where I would have less than 15% of the business:Disputes. Disputes between a Member and the Company or among the Members regarding the Company's affairs or the breach, anticipated breach or interpretation of this Agreement will be settled among the interested parties by mutual agreement if possible, and if no mutual agreement can be reached within 30 days of any interested party noticing the Company and the other interested party of an issue or issues in dispute, then any interested party can take the dispute to prompt, binding and confidential arbitration in Los Angeles County pursuant to the provisions of ADR Services, Inc. or in case ADR Services, Inc. does not exist, the American Arbitration Association. The Company will bear the costs of the arbitrator and arbitration and each interested party will pay for her, his, its, own lawyer and other costs. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction or from using the courts to enforce this arbitration provision and any decisions rendered by an arbitrator pursuant to this agreement to arbitrate. The parties hereto irrevocably submit to the jurisdiction of the United States Central District Court in the State of California and the state courts of the State of California for the purposes of enforcing the arbitration provisions hereof

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Richard - Bizlaw

Juris Doctor

11,214 satisfied customers
I was wondering what how I mightvgo about countersuing a

I was wondering what how I mightvgo about countersuing a plantiff.The company that I work for are being sued for breach of non compete.The company has been served a month ago.My lawyer has been in contact with thier lawyer asking for the 2002 copy of the non compete that we believe is forged.They refuse to give us the document for Forensic Handwriting analysis.We are sure that it is because it is forged.I was just served last week.I am hoping to not use an attorney because it is so expensive. Should I countersuit them for frivolous lawsuit and ask for punitive damages or just frivolous lawsuit and later sue them for punitive damages?

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316 satisfied customers
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