Welcome to the website of Torricella Law, PLLC (“Firm”). The following terms and conditions (“Terms”) govern your use of the Firm’s website (“Site”):
1. Agreement to Terms by Access or Use
Please carefully read the Terms prior to accessing or using any information on the Site. By accessing or using the Site, you acknowledge and agree that you understand and are bound by the Terms. If you are unable or unwilling to be bound by the terms, please do not access or use the Site.
2. Modification of Terms
The Firm reserves the right to modify the Terms at any time without notice and such modifications will apply upon your next access to or use of the Site following the posting of those modifications to the Site. Please refer to these Terms whenever accessing or using the Site. Continued accessing and use of the Site constitutes your agreement to any such modifications.
3. No Legal Advice or Services Provided
The Firm provides this Site and the information and materials on it for informational purposes only. The Site does not and is not intended to contain legal advice, legal opinions or any other form of advice regarding any specific facts or circumstances and is not intended to constitute the provision of legal services.
4. No Attorney-Client Relationship
The transmission or receipt of information and materials on the Site do not constitute or create an attorney-client relationship with the Firm or any of its attorneys. Accessing and using information and materials on the Site does not give you a reasonable basis for a belief that such access or use constitutes or creates an attorney-client relationship. You agree that the access or use of the Site does not constitute or create an attorney-client relationship.
5. Provision of Information to the Firm
Absent confirmation from the Firm that conflicts of interest do not exist and agreement between the Firm and you to acceptable terms of engagement, an attorney-client relationship does not exist between the Firm and you. Accordingly, please do not provide to the Firm with any information that you believe is confidential concerning any matter until after the Firm confirms the absence of conflicts of interest, the Firm and you agree to acceptable terms of engagement and an attorney-client relationship is established. If you provide any information to the Firm by e-mail or through the internet prior to the establishment of an attorney-client relationship, the Firm may not be able to treat that information as confidential and that information may not be privileged or otherwise protected from disclosure to third parties or used by the Firm in connection with representation of its clients, even in matters against you. You agree that the Firm may use in any way, at any time and for any reason whatsoever any information, ideas, concepts, techniques, methods, systems, procedures, plans designs, charts, graphs, tables or other materials or items you transmit to the Firm
6. Intellectual Property
Except where otherwise may be expressly noted, the materials and information on the Site are the property of the Firm and the Firm claims a copyright on such materials and information. The materials and information on the Site are protected by applicable copyright, trademark and other intellectual property laws and you may access and use them solely for personal information purposes. Some such materials and information may be the copyrighted work of third parties.
7. Permissible Uses
Subject to your compliance with these Terms, you may use the information and materials on the Site for informational purposes, such as learning more about the Firm, its professionals and its services, and other personal, non-commercial uses. In that regard, you may copy, download and print one copy of the Site or portions of the Site for such purposes, so long those portions copied, downloaded or printed are not modified and so long as you retain all notices, including, but not limited to, copyright notices that appear with such information and materials on the Site.
The Site and the information and materials on the Site are not intended to and do not constitute a solicitation for the formation of an attorney-client relationship.
9. Restrictions on Use
Except as set forth in Section 7, above, you agree that you shall not use use, access, copy, print, duplicate, transmit, modify or distribute the Site or any portions thereof.
10. Limitations on Use
The owners of the e-mail addresses contained on the Site do not wish to receive unsolicited commercial e-mail messages of any kind for products or services and you are prohibited from sending such messages to e-mail addresses contained on the Site. You are prohibited from attempting to interfere with the proper functioning of the Site. You are prohibited from forging any e-mail addresses. You are prohibited from framing any content of the Site. You will not access or use the Site for any unlawful purpose. You are responsible for all damages and costs arising or resulting from any of the foregoing actions in any way and from any illegal or impermissible action you undertake involving the Site of the Firm, whether set forth in these Terms or otherwise. If you have any questions concerning your obligations included in the Terms, please contact the Firm. The Firm reserves the right, in its sole and absolute discretion, to restrict, interrupt, suspend or terminate your access to all or any portions of the Site.
11. Internet Links
The Site may provide links to other websites and locations on the internet which are third-party websites. The Firm does not control such third-party websites and is not responsible for third-party websites or their content and is not responsible for your use of or reliance upon third-party websites or any information or materials contained on any third-party websites. The Site’s link to any third-party website is not intended to and does not constitute an endorsement or approval of any third-party website or any of the content of that third-party website. You agree that clicking or selecting any link to and accessing or using any third-party website or the content of any third-party website is entirely at your own risk.
12. Changes in Information
The Firm does not commit to efforts to keep materials on the Site current, notes that laws and information can change rapidly and advises that those changes may not be reflected on the Site at any given time. For that reason, you agree that you will not rely or act upon any information or materials contained in the Site. Instead, you shall seek appropriate counsel from a qualified professional.
13. Disclaimer of Warranties and Representations
The Firm provides the information and materials on the Site on an “as is, where is,” with all faults basis and without warranty or representation of any kind whatsoever, whether express, implied or otherwise, including, but not limited to, any warranties of accuracy, timeliness, completeness, functionality, availability, accessibility, non-infringement, merchantability or fitness for a particular purpose. The Firm expressly disclaims any and all warranties or representations of any kind.
14. Limitation of Liability
The Firm, its professionals and personnel and any of its agents involved in the creation or maintenance of the Site and the content on the Site are not and shall not be liable, whether in contract, tort or otherwise to you or any other person or entity whatsoever for any damages (including, but not limited to, any direct, indirect, special, incidental, punitive, exemplary or consequential damages, including lost profits) which do or may arise from you access or use of the Site or any information, materials or other functionalities of the Site. Your sole remedy for any dissatisfaction or damage in any way connected to access to or use of the Site or information or materials on it is to discontinue access to or use of the Site or such information or materials.
You agree to indemnify, defend and hold harmless the Firm, its professionals, its personnel and its agents involved in the creation or maintenance of the Site and the content on the Site from any and all claims, actions, liabilities, losses, damages, costs and expenses arising from or relating to your failure to comply with the Terms of the Site. If you have any questions concerning your obligations included in the Terms, including this indemnity obligation, please contact the Firm.
16. No Waiver
Any failure by the Firm to act or enforce the Terms in connection with any violation of the Terms by you or others is not intended to and does not waive the Firm’s right to act or enforce the Terms with respect to any other violation of the Terms by you or others.
17. Governing Law
The Terms shall be governed by the laws of the State of Florida, without reference to conflict of laws principles.
18. Exclusive Jurisdiction
The exclusive jurisdiction for the resolution of any disputes concerning the Site or the Terms shall be the state or federal courts situated in Miami-Dade County, Florida. By accessing or using the Site, you waive any objection to jurisdiction or venue in Miami-Dade County, any claim that the courts of Miami-Dade County are an inconvenient or improper forum or any other objection to the resolution of any such dispute in the state or federal courts situated in Miami-Dade County, Florida.
If a court should determine that any provision in the Terms is unlawful, void or unenforceable, that provision shall be deemed severed from the Terms and shall not affect the enforceability of the remainder of the Terms.
20. No Advertisement/Hiring of Counsel
The Site and the information and materials on it are not and are not intended to constitute advertisement. As a courtesy, however, the Firm notes that the hiring of a lawyer is an important decision and you should not base that decision solely upon any advertisement. Prior to deciding to hire counsel, please inquire with the Firm and request free written information about its qualifications and experience.
21. No Representations
The Firm does not intend to practice law in any jurisdiction where it is not licensed and does not make any representation that the quality of legal services it shall perform is greater than the quality of legal services performed by other lawyers. Unless stated otherwise, the Firm’s lawyers are not certified by the Florida Board of Legal Specialization in the areas of practice listed in their profiles.
The headings in the Terms are for convenience and are not intended to limit or restrict the Terms in any way.
23. Designated Agent/Site Responsibility
The Firm endeavors to respect the intellectual property rights of others. If you believe that the Site or any of the information or materials on it infringe upon a copyright or violate the intellectual property rights of others, please direct your concerns to the Firm’s agent for purposes of the Digital Millennium Copyright Act (15 U.S.C. §512) designated to respond to such concerns:
AV®, BV®, AV Preeminent® and BV Distinguished® are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. http://www.martindale.com/ratings
Roberto A. Torricella, Jr.
Torricella Law , PLLC