PLEASE READ THE FOLLOWING TERMS OF SERVICES & LEGAL NOTICES (“THIS AGREEMENT”) CAREFULLY BEFORE USING THE SHAMISGENTILE.COM WEBSITE (THE “SITE”). The terms tell you about your (and our) rights under this Agreement, explain how we protect your privacy, and make certain disclosures required by the law. By using the Site, you give your assent to the terms of this Agreement. If you do not agree to these terms, you may not use the Site. Shamis & Gentile, P.A. (“We” or “Our”) has the right, in our sole discretion, to modify, add or remove any terms or conditions of this Agreement without giving individual notice to you, by posting the changes on the Site. Your continuing use of the Site signifies your acceptances of any such changes. This Agreement applies only to your use of the Site and does not govern or otherwise apply to any other relationship between us.
1. Purpose
The materials and information on the Site are provided for informational purposes only, and may not reflect current legal developments or variances in the law of different jurisdictions. Nothing on the Site should be construed as legal advice or used as a substitute for legal advice. The information in the Site is not guaranteed to be correct, complete or up to date. The Site is not intended to, and does not, constitute or create an attorney-client relationship between you and Shamis & Gentile, P.A. Additionally, the mere receipt of an e-mail or a “post” on the Site does not create an attorney-client relationship.
YOU SHOULD NOT ACT OR RELY ON THE BASIS OF ANY INFORMATION ON THE SITE WITHOUT SEEKING AND RETAINING THE ADVICE OF AN ATTORNEY.
2. Submission of Information
By submitting information to us, you agree and understand that we, our affiliates, or third-parties providing services to us, may contact you directly should we have any interest in discussing your potential claim(s) with you, unless you request in writing your desire not to be contacted. You agree that we, our affiliates, or third-parties providing services to us may contact you via text messages and calls to the phone number you provided. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or an artificial or pre-recorded voice. By submitting information to us, you also agree that we, our affiliates, or third-parties providing services to us may use your contact information to send you electronic newsletters.
In no event are we obligated to contact you with regard to your potential claim(s), but rather may or may not do so at our sole discretion. By accepting the submission of your information, we do not offer any advice on whether you may have a legal remedy for your potential claim(s), and make no representation or guarantee that you will obtain satisfaction, justice or compensation for your potential claim(s), and we do not offer any opinion whatsoever concerning the merits of any potential claim you might have. If either Shamis & Gentile, P.A. or you do not agree in writing to create an attorney-client relationship, none will exist. In the meantime, you are encouraged to seek and retain the advice of other counsel if you intend to pursue any potential claims to avoid having your potential case barred by relevant statutes of limitation, statutes of repose, and/or other similar deadlines by which you must bring a lawsuit or lose the right to do so.
3. Privacy Policy
Your privacy is very important to us. Our Privacy Policy explains how we treat your personal data and protect your privacy when you visit our Site. We encourage you to read the Privacy Policy, and to use it to help you make informed decisions.
4. Modifications to the Site
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part of it) with or without notice. In the event of a modification or discontinuance, all information submitted by you and others may be lost. You agree to keep a permanent record of all information provided to us, and you agree that all information submitted to us is at your sole risk. You agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Site including without limitation messages and other communications. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
5. Participation in the Site
By submitting information to, reading, participating, or otherwise using the Site, you agree that you will abide by the following rules:
The Site may only be used in good faith and may not be used to transmit or otherwise make available any information that is false or that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), to threaten, abuse, harass, or invade the rights of any person or entity, to infringe on any person or entity’s intellectual property rights, or in any other way that could reasonably be deemed unethical, illegal, or offensive.
You may not misidentify yourself or impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity (e.g., pretend to be a different person or from a different company or organization.).
Unless you have our prior written consent, you will not post advertisements or promotional materials, solicit participants and/or visitors of the Site, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site or its Services, use of the Site or it Services, or access to the Site or its Services.
You are prohibited from using any type of computer “worm,” “virus” or any other device that is intended or is likely to disrupt, overload, or otherwise impair the workings of any part of the Site. If you do engage in such conduct, the resulting damage will be hard to quantify as a dollar amount and thus you hereby agree to pay us liquidated damages in the amount of $5,000 for each day that the Site is damaged until the Site is completely repaired. This amount is derived by estimating the value of (1) the loss of good will caused by an inoperable site, (2) the time and money it will take to repair the Site and to address the concerns of visitors. We are required to use reasonable efforts to repair the Site as quickly as possible. This clause will not prohibit us from seeking additional compensation if your conduct injures us in a way not expressly contemplated herein. You are not permitted to collect or store personal data about other users.
You are not permitted to access the Site for the purpose of data mining or extracting content from the Site beyond your personal end use.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site.
You agree to not harm minors in any way.
You shall not intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
In the event you submit information through the Site, you agree to provide true, accurate, current and complete information and agree to promptly update the information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, and/or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your participation in the Site and/or refuse any and all current or future use of the Site or its services (or any portion thereof).
You understand and agree that all information, statistical data, text, software, music, sound, photographs, graphics, video, messages or other materials (Content), whether publicly posted or privately transmitted by you and other users of our service, are the sole responsibility of the person from which such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Site. We do not control all of the Content posted via the Site and, as such, do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Site. You acknowledge that we may or may not pre-screen Content, but that we and our designees shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, or move any Content that is available via the Site. Without limiting the foregoing, we and our designees shall have the right (but not the obligation) to remove any Content that violates this agreement or is otherwise objectionable.
6. Intellectual Property Rights
You acknowledge and agree that the Site and any necessary software used in connection with the Site may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except for the limited license contained in paragraph 7 below, nothing in these Terms and Conditions grants or should be construed to grant any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in this Site and its content belong to us, or our licensors, as applicable. No part of the materials including graphics or logos, available in this site may be copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, without specific permission. Except as expressly authorized by us, you further agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the software, in whole or in part.
7. Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license (1) to access and use the Site strictly in accordance with these Terms and Conditions; (2) to use the Site solely for internal, personal, non-commercial purposes; and (3) to print out discrete information and search results from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other notices contained therein.
8. Restrictions and Prohibitions on Use
Your license to access and use the Site and its services are subject to the following additional restrictions and prohibitions on use. You may not:
(1) copy, print (except for the express limited purpose permitted by paragraph 7, above), republish, display, transmit, distribute, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site, or any information or materials retrieved therefrom;
(2) use the Site or any other materials from the Site to develop, or as a component of, an information storage and retrieval system, database, infobase, or similar information resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;
(3) create compilations or derivative works of the Site or any other materials from the Site;
(4) use the Site or any other materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of shamisgentile.com or any third parties;
(5) remove, change, or obscure any copyright notice or other proprietary notice or terms of use contained in the Site;
(6) make any portion of the Site available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future, without our express written consent;
(7) remove, disable, defeat or change any functionality or appearance of the Site;
(8) decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the site architecture;
(9) use any automatic or manual process to harvest information from the Site;
(10) use the Site for the purpose of gathering information for or transmitting:
(a) unsolicited commercial email;
(b) email that makes use of our name or trademarks, including in connection with invalid or forged headers, invalid or nonexistent domain names, or other means of deceptive addressing; and
(c) unsolicited telephone calls or facsimile transmissions;
(11) use the Site in a manner that violates any state or federal law regulating commercial email, facsimile transmissions or telephone solicitations; and
(12) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws and regulations of the United States.
9. No Solicitation
You shall not distribute on or through the Site or to any persons or entities identified via the Site any content or material containing solicitations or advertising of any kind without our express prior written permission.
10. Registration
Certain sections of this Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information, even if the feature permits you to post a question anonymously or interact using a screen name. It is your responsibility to inform us of any changes to that information by emailing info@shamisgentile.com. Each registration is for your personal use only, unless specifically designated otherwise on the registration page. We do not permit (a) any other person using the registered sections under your name; or b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify us immediately by emailing info@shamisgentile.com.
11. Indemnity
You agree to indemnify and hold us, and our subsidiaries, affiliates, directors, officers, agents, third party contractors and employees, harmless from all damages, costs, liabilities, and any claim or demand made by any third party, including reasonable attorney’s fees due to or arising out of Content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of this agreement, or your violation of any rights of another person, or due to or arising from such activities carried out by a person using your Site account or password, with your knowledge.
12. Errors and Corrections
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not warrant or represent that the information available on or through the Site will be correct, accurate, timely, or otherwise reliable. We may (but are not obligated to) make improvements and/or changes to its features, functionality or content of the Site at any time. In no event shall we be liable for any such errors or defects.
13. Termination
By using the Site, you do not acquire any rights to the Site other than the limited license to use the Site (as set forth in paragraph 7 above) that can be terminated in accordance with this section. You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content within the Site, for any reason, including, without limitation, non-payment, for lack of use, or if we believe that you have violated or acted inconsistently with the letter or spirit of this agreement. We may also in our sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related Content information and files in your account and/or bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.
14. THIRD-PARTY CONTENT
Hyperlinks or pointers to third-party websites are provided for convenience and informational purposes only. Shamis & Gentile, P.A. is not responsible for the content of third-party sites or any links provided therein, and the User assumes all risks and responsibilities when accessing third-party sites from the Shamis & Gentile, P.A. website. Shamis & Gentile, P.A. reserves the right to terminate a link to a third-party website at any time without notice. The use of a link to a third-party website does not in any way imply endorsement, sponsorship, or affiliation with that third-party or its clients.
15. Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
16. Links to Other Websites
The Site may contain “hyperlinks” to websites neither owned nor controlled by us and we are not responsible for, and, unless otherwise noted specifically, make no representations or endorsements with respect to these sites or with respect to any service or product associated with these sites. By including these hyperlinks, we do not mean to state or imply that we sponsor, are affiliated with, or are legally authorized to use any trade name, registered trademark, service mark, logo, legal or official seal, or copyrighted symbol that may be reflected in the hyperlinks.
17. Disclosures Regarding Attorney Advertising
THIS SITE MAY CONTAIN ADVERTISING MATERIAL OR LAWYER ADVERTISEMENTS
Some jurisdictions may consider the Site to be a form of advertising for legal services and as such may require specific disclosures. Please read the following carefully:
THIS IS AN ADVERTISEMENT. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability, and not rely upon advertisements or self-proclaimed expertise. Hiring a lawyer is an important process that should not be based solely upon advertisements.
The attorney responsible for the content of this Site is Andrew Shamis, of the law firm Shamis Gentile, PA, 14 NE 1st Ave STE 705, Miami, Florida 33132. Andrew Shamis is licensed in Florida, Georgia, Ohio, Illinois, Arizona, Texas, and New York. The member attorneys of the consortium of firms we work with from time-to-time (“Consortium”) are licensed to practice law in at least one of the following jurisdictions: California, Washington, Pennsylvania, Arkansas, Tennessee, North Carolina, Massachusetts, Michigan, Oklahoma, Louisiana, Wisconsin, Rhode Island, Missouri, New Jersey, Nevada, and the District of Columbia.
Neither Shamis & Gentile, P.A. nor any other attorney member of the Consortium operate as a lawyer-advertising cooperative, lawyer referral service, prepaid legal insurance provider, or similar organization the business or activities of which include the referral of customers, members, or beneficiaries to lawyers for the performance of fee-generating legal services or the payment for or provision of legal services to the customers, members, or beneficiaries in matters for which they do not bear ultimate responsibility. While Shamis & Gentile, P.A. maintains joint responsibility for and participates in cases obtained as a result of advertising on the Site, such cases may be referred to other attorneys in the Consortium for principal responsibility and participation.
FREE BACKGROUND INFORMATION AVAILABLE UPON REQUEST
Before you decide to hire Shamis & Gentile, P.A. or any other attorney in the Consortium, ask them to send you free written information about their qualifications and experience. Additional information about the lawyers or firms may also be obtained by contacting the Bar Association in the State in which such lawyers or law firms are licensed. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or fields of practice do not mean that a lawyer is a specialist, expert, authority or is certified in a particular field of law, nor do such memberships or licenses mean that such a lawyer is more expert or competent than any other lawyer.
A description or indication of limitation of practice does not mean that any agency or board has certified such lawyer as a specialist, expert or authority in an indicated field of law practice, nor does it mean that such lawyer is more expert or competent than any other lawyer. We urge all potential clients to make their own independent investigation and evaluation of any lawyer being considered.
Except where otherwise indicated, neither Shamis & Gentile, P.A. nor any of the lawyers or law firms in the Consortium are certified by the Florida Bar Board of Legal Specialization and Education, the Texas Board of Legal Specialization (“Not Certified by the Texas Board of Legal Specialization”), or any other entity or body. The fact that certain attorneys or firms concentrate their practices to plaintiffs’ class actions (or any other field) is not meant to imply that they have gained any specific type of certification in these areas. Indeed, many states – including Illinois – do not recognize certifications of specialties in the practice of law and explicitly state that any such certificate, award or recognition is not a requirement to practice law in those states.
ADDITIONAL STATE SPECIFIC DISCLOSURES:
Alabama
No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
Alaska
The Alaska Bar Association does not accredit or endorse certifying organizations.
Florida
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.
Hawaii
The supreme Court of Hawai’i grants Hawai’i certification only to lawyers in good standing who have successfully completed a specialty program accredited by the American Bar Association.
Illinois
The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law and that the certificate, award or recognition is not a requirement to practice law in Illinois.
Iowa
The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by rule of the Supreme Court of Iowa. Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a lawyer is a specialist or expert in a field of law, nor do they mean that such a lawyer is necessarily any more expert or competent than any other lawyer. A description or indication of limitation of practice does not mean that any agency or board has certified such lawyer as a specialist or expert in an indicated field of law practice, nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa.
Massachusetts
If a Massachusetts lawyer holds himself or herself out as “certified” in a particular service, field or area of law by a non-governmental body, the certifying organization is a private organization, whose standards for certification are not regulated by the Commonwealth of Massachusetts.
Mississippi
Free Background information is available upon request to a Mississippi attorney. There is no procedure in Mississippi for approving certifying or designating organizations and authorities.
Missouri
ADVERTISING MATERIAL: COMMERCIAL SOLICITATIONS ARE PERMITTED BY THE MISSOURI RULES OF PROFESSIONAL CONDUCT BUT ARE NEITHER SUBMITTED TO NOR APPROVED BY THE MISSOURI BAR OR THE SUPREME COURT OF MISSOURI. Neither the Supreme Court of Missouri nor the Missouri Bar reviews or approves certifying organizations or specialist designations.
Nevada
Neither the state bar of Nevada nor any agency of the State Bar has certified any lawyer identified here as a specialist or as an expert. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability.
New Jersey
Any certification as a specialist, or any certification in a field of practice, that does not state that such certification has been granted by the Supreme Court of New Jersey or by an organization that has been approved by the American Bar Association, indicates that the certifying organization has not been approved, or has been denied approval, by the Supreme Court of New Jersey and the American Bar Association.
New Mexico
LAWYER ADVERTISEMENT Any certification by an organization other than the New Mexico Board of Legal Specialization does not constitute recognition by the New Mexico Board of Legal Specialization, unless the lawyer is also recognized by the board as a specialist in that area of law.
Rhode Island
The Rhode Island Supreme Court licenses all lawyers in the general practice of law. The court does not license or certify any lawyer as an expert or specialist in any field of practice.
Tennessee
Certifications of Specialization are available to Tennessee lawyers in all areas of practice relating to or included in the areas of Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor’s Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Elder Law, Estate Planning and Family Law. Listing of related or included practice areas herein does not constitute or imply a representation of certification of specialization.
Texas
Unless otherwise indicated, Not Certified by the Texas Board of Legal Specialization.
Washington
The Supreme Court of Washington does not recognize certification of specialties in the practice of law and that the certificate, award, or recognition is not a requirement to practice law in the State of Washington.
Wyoming
The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability, and not rely upon advertisements or self-proclaimed expertise.
Within the Site, we may include descriptions of successful lawsuits brought by Shamis & Gentile, P.A. or other firms in the Consortium, or other attorneys not affiliated with us, the Consortium or the Site. These descriptions are not meant to create any unjustified expectations that similar results can be obtained for others, for each case turns on its own specific factual and legal circumstances. No attorney can guarantee the success of a case and past successes even in very similar lawsuits do not mean that success in a subsequent case is guaranteed or even likely. Past success cannot be an assurance of future success because each case must be decided on its own merits. Results depend upon a variety of factors unique to each case.
The material on this site is not intended to, and does not, include any advertisements for legal services that contain dramatizations, testimonials or endorsements. This site is intended to provide useful, factual information presented in a non-sensational, objective and understandable manner. The images and pictures on this site are not meant to represent or depict actual persons or events, but rather are merely provided for illustrative purposes only.
This Site is not intended for the purpose of advertising legal services to be performed in any state solely by Shamis & Gentile, P.A. or other attorney members of the Consortium, unless they are specifically licensed to practice in that respective State.
To the extent that this Site does not comply with the laws or regulations of any jurisdiction in which it may be received, neither Shamis & Gentile, P.A. nor any other attorney in the Consortium wish to, or knowingly will, accept legal representation based on or resulting from the use of the Site from a person located in that jurisdiction. Nor do Shamis & Gentile, P.A., or any other attorney in the Consortium wish to, or knowingly will, accept legal representation based on or resulting from the use of the Site from a person located outside the United States.
18. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ON THE SITE IS PROVIDED SOLELY ON AN “AS-IS/AS-AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY THAT (i) THE CONTENT AND SERVICE OF THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THE CONTENT AND SERVICE OF THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE IS ACCURATE OR WILL MEET YOUR EXPECTATIONS.
WE DO NOT GUARANTY THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR SERVICES AND WE DO NOT GUARANTY IN ANY SERVICES OR GOODS ASSOCIATED WITH THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY SERVICE OR GOOD WILL CONTINUE TO BE AVAILABLE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
19. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) INVALID DESTINATIONS, TRANSMISSION ERRORS, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (v) YOUR FAILURE TO RECEIVE ANY THIRD PARTY SERVICES OR PRODUCTS REQUESTED THROUGH THE SITE OR (vi) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT ARE WE LIABLE TO YOU FOR AN AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU TO US FOR THE SERVICES IN QUESTION, IF ANY.
20. Exclusions And Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
21. Entire Agreement
This Agreement constitutes the entire agreement between you and us regarding your use of the Site, superseding any prior agreements between you and us on that topic. If you have a relationship with us other than your use of this Site (such as if you are one of our clients, contractors, or employees), then this Agreement does not apply to that other relationship.
22. Choice of Forum
Any disputes arising out or related to use of this Site or this Agreement shall be governed by the laws of the State of Florida, without reference to its choice of law provisions. Any such disputes shall be litigated exclusively in the state or federal courts located in Miami-Dade County, Florida, and we each irrevocably consent to the personal jurisdiction of those courts for the purposes of resolving such disputes.
23. Waiver and Severability of Terms
Our failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any provision of the agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the agreement shall remain in full force and effect.
24. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site, this agreement and/or the relationship between you and us must be filed within one (1) year after such claim or cause of action arose or be forever barred.
25. Attorney Ethics Notice
If you are an attorney, participating in any aspect of this Site, you acknowledge that rules of professional conduct apply to all aspects of your participation and that you will abide by such rules. The rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of law, and misrepresentations of fact. We disclaim all responsibility for your compliance with these rules.
26. Nature of Investigations
Shamisgentile.com may list companies that are currently being investigated by private attorneys. The fact that these companies are being investigated does not mean to state or imply that they have committed any illegal or improper act, or that a lawsuit is being contemplated.
27. DISCLOSURE OF PERSONAL INFORMATION
Shamis Gentile will only disclose personally identifiable information in accordance with this Legal Notice or as required by applicable laws or legal processes to protect the rights or property of Shamis Gentile. Personal information may be shared with lawyers or law firms in response to your interaction with their advertising on our site, with the purpose of potentially establishing an attorney-client relationship. Shamis Gentile may also disclose personal information to third parties under specific circumstances, as outlined in the Privacy Policy.
Shamis Gentile may provide aggregate (statistical) information to third parties for describing our services to prospective partners, advertisers, and other lawful purposes. If Shamis Gentile partners with another party to provide a specific service and you sign up for that service, Shamis Gentile may share your information with that partner. Additionally, Shamis Gentile may disclose your contact information and other provided information in the following situations:
Shamis Gentile may engage other companies and individuals as agents to
perform functions on its behalf. These agents may have access to personal information required for performing their functions but are prohibited from using it for any other purpose.
In the event of a change, sale, reorganization, or bankruptcy of Shamis Gentile, your information may be transferred as one of the assets. Shamis Gentile may release account and personal information if it believes that such release is necessary to comply with the law or to protect the rights, property, or safety of Shamis & Gentile, P.A. Shamis & Gentile, P.A. its users, or others. Please note that information posted on the Shamis Gentile website for public view is not considered confidential.
These Terms and Conditions constitute the entire agreement between the User and Shamis Gentile regarding the use of the website, superseding any prior agreements or understandings. Any failure on the part of Shamis Gentile to enforce any right or provision of these Terms and Conditions shall not be deemed a waiver of such right or provision. In the event that any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall continue to be in full force and effect.
By using this website, the User acknowledges having read, understood, and agreed to all the terms, conditions, and notices stated in this Agreement.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Date of last update: 11/23/23
Shamis Gentile, P.A.
www.shamisgentile.com