Last Updated: 22 August 2018
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YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
1. Description of the Service and Site.
1.1 Website. The Site is intended to provide you with information about The Law Offices of Attorney Timothy J. Pavone, PLLC and its Services.
2. General Conditions.
2.1 You may not use our Site or Services for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
2.2 You must not transmit any malware, worms, or viruses or any code of a destructive nature.
2.4 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, use of the Service, or access to the Service or any contact on the Site, without express written permission by us.
3.1 Account. To use the Services within the Client Portal, you will be assigned an account (“Account”). You agree (i) to provide accurate and complete Account and login information; (ii) to keep, and ensure that permitted users keep, all Account login details and passwords secure at all times; (iii) to remain solely responsible and liable for the activity that occurs in connection with your Account, (iv) that the login details for each permitted user may only be used by that permitted user, and that multiple people may not share the same login details; and (v) to promptly notify The Law Offices of Attorney Timothy J. Pavone, PLLC in writing if you become aware of any unauthorized access or use of your Account or the Service. You may be held liable for any losses incurred by The Law Offices of Attorney Timothy J. Pavone, PLLC, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.
3.2 Staying Safe. Please safeguard your Account and make sure others don't have access to your Account or password. You must immediately notify us of any actual or suspected loss, theft or unauthorized use of your Account or password. You are solely responsible for any activity on your Account. We’re not liable for any acts or omissions by you in connection with your Account.
4. User Content. When you upload content to The Law Offices of Attorney Timothy J. Pavone, PLLC, you still own it. You do, however, give us permission to use it in the ways necessary to provide our Services. You may provide us with content, including without limitation text, photos, images, audio, video, code and any other materials (“User Content"). When you provide User Content via the Site, you grant The Law Offices of Attorney Timothy J. Pavone, PLLC a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, and protect the Services.
5. User Responsibilities.
5.2. Laws. You shall not use of Services in violation of any law, including without limitation applicable US export controls, regulations and sanctions.
5.3 Share Responsibly. If the Services let you share User Content with others, including without limitation on social media and the open web, please think carefully about what you share. We’re not responsible for what you share via the Site or the Services.
8. Links; Third Party Services, And Sites.
8.3 Third Party Services and Websites. The Services are integrated with various third party services, applications and sites (collectively, “Third Party Services”) that may make available to you their content and products. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don't control Third Party Services or the associated third party websites, and we’re not liable for Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility. When you access third party sites, you do so at your own risk. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services.
9. Intellectual Property.
9.1 Compliance with Intellectual Property Laws. When accessing the Site or using the Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Services and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Account. If you believe that any content on the Site is infringing on your copyright, you may seek the removal of such content by providing notice to us in accordance with the Notice and Take Down provisions of the Digital Millennium Copyright Act at TJP@charlottelawoffices.com.
10. The Law Offices of Attorney Timothy J. Pavone, PLLC Rights. We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by law): (i) we may change the Services and their functionality; (ii) we may restrict access to or use of parts or all of the Site and/or the Services; (iii) we may suspend or discontinue parts or all of the Site and/or the Services; (iv) we may terminate, suspend or restrict your access to or use of parts or all of the Site or the Services; (v) we may terminate, suspend or restrict access to your Account; and (vi) we may change our eligibility criteria to use the Site or Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Site or Services in that jurisdiction).
12. Warranty Disclaimers. TO THE FULLEST EXTENT PERMITTED BY LAW, THE LAW OFFICES OF ATTORNEY TIMOTHY J. PAVONE, PLLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMTED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ITTLE, AND NON-INFRINGEMENT. THE SITE AND SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE". NO ADVICE OR INFORMATION, WHETER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE LAW OFFICES OF ATTORNEY TIMOTHY J. PAVONE, PLLC SHALL CREATE ANY WARRANTY. THE LAW OFFICES OF ATTORNEY TIMOTHY J. PAVONE, PLLC MAKES NO WARRANTY OR REPRESENTATION THAT THE SITE OR THE SERVICES WILL: (A) BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (C) BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. THE LAW OFFICES OF ATTORNEY TIMOTHY J. PAVONE, PLLC SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FORM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION, OR SOFTWARE.
15. Errors, Inaccuracies, and Omissions.
15.1. Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice.
15.2. We undertake no obligation to update, amend or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related website, should be taken to indicate that all information on the Site or on any related website has been modified or updated.
16. Accuracy, Completeness, and Timeliness of Information.
16.1. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more-timely sources of information. Any reliance on the material on this Site is at your own risk.
16.2. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
18. Dispute Resolution; Controlling Law; Venue.
18.1. Before filing a claim against The Law Offices of Attorney Timothy J. Pavone, PLLC, you agree to try to work it out informally with us first by emailing TJP@charlottelawoffices.com with a description of your claim. We'll try to resolve the dispute informally by following up via email, phone or other methods. If we can’t resolve the dispute within thirty (30) days of our receipt of your first email, you or The Law Offices of Attorney Timothy J. Pavone, PLLC may then bring a formal proceeding in accordance with applicable law.
18.2. Any claim not subject to arbitration must be commenced within one year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
18.4. To the fullest extent permitted by law, you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action and you hereby waive all such rights and remedies. You hereby waive your right to, and agree that you shall not, file a claim against us in or participate in a class action, class arbitration, private attorney general action or consolidation with other arbitrations.