Terms Of Use
Thank you for visiting the website of LOPRESTI, PLLC.
LOPRESTI, PLLC (“the Firm”) is a professional limited liability company providing a wide variety of legal services to clients nationally and internationally from its offices in New York City.
Our website provides general information about the legal services that we offer and/or other general information and resources.
These Terms of Use and our Privacy Policy set forth the conditions under which you may access and use the website. By accessing and using the website, you agree to be bound by our Terms of Use and our Privacy Policy then in effect and by all applicable law. If you do not agree with any of the Terms of Use or our Privacy Policy, you should not access or use the website for any purpose. We reserve the right to terminate or limit your access to the website for any violation of the Terms of Use or our Privacy Policy, or for any other reason, in our sole discretion.
Legal Notices and Disclaimers
No client-lawyer relationship is created by your use of this Website.
No client-lawyer relationship between you and the Firm is or may be created by your access to or use of the website or any information contained on it. The only way to become our client is through a mutual agreement in writing as described below. Further, none of the information on the website constitutes legal advice, nor does it necessarily reflect the opinions of the Firm, our attorneys or our clients.
Please contact us if you would like us to represent you.
If you are interested in asking us to represent you, please call us, email us, or otherwise contact us so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. The telephone numbers for our offices are listed on our website. If you submit information to us by email or otherwise, you acknowledge that it will not be considered to be confidential absent an express written agreement by the Firm to maintain your information in confidence. We reserve the right to decline any representation, and may be required to decline representation if it would create a conflict of interest with any of our current or former clients.
You should not rely on the information contained in the Website.
The information provided on the website is general in nature and does not apply to any particular factual, legal, medical, financial, insurance, or other situation. As such, you should not rely on any information on our website, and should seek professional advice as you determine to be appropriate.
In addition, although we try to provide accurate and complete information, we make no commitment or express or implied warranty that the factual, legal, medical, financial, or any other information contained on our website, or on any linked websites, is accurate, complete, error-free, or current. We assume no liability if it is not, and your use of the website is solely at your own risk.
Without limiting the generality of the foregoing, we are not responsible for any content, communications, information, or other materials posted, submitted, communicated, shared, discussed or otherwise generated through blogs, discussion boards, or other public areas of our website (“User Generated Content”), nor do we guarantee its truthfulness, accuracy or completeness. Any actions you take or do not take based on or related to User Generated Content are solely at your own risk.
Third party Websites.
The Firm’s website, including User Generated Content, may contain links to third party websites. These links are provided only as a convenience to the recipient. We do not control and are not responsible for any linked third-party websites, and their policies and practices may not be consistent with these Terms of Use or our Privacy Policy. Further, we do not necessarily endorse any of these third party websites and do not intend to imply any association between the Firm and the party or parties involved. If you use any third-party links, you do so at your own risk, and should check their terms of use and privacy policies before accessing or using them.
User generated content.
Any public areas of the website are intended to facilitate open communication and discussion. If you post, submit, share, disseminate, or respond to User Generated Content, however, you agree that:
· User Generated Content will not (i) be defamatory, harassing, threatening, obscene, pornographic, or invasive of privacy, (ii) be illegal, encourage illegal activity, violate of the rights of others, or otherwise give rise to liability, (iii) be confidential or proprietary, or infringe any third-party intellectual property rights and, (iv) in particular, be copyright protected (unless you have full permission to publish it under the terms hereof from the copyright owner).
· You are solely responsible for the User Generated Content and your failure to comply with the foregoing.
· We have the right (but assume no obligation) to monitor, delete, move, or edit any User Generated Content that we consider inappropriate or unacceptable for any reason.
· You grant to us, and to each user of the website, a global, nonexclusive, unlimited license to publish, reproduce, sell, display, perform, disclose, distribute, use, edit or modify the User Generated Content, and any ideas, concepts or techniques embodied in the User Generated Content, for any purpose whatsoever, and you waive any and all moral rights you may have in the foregoing.
Ownership, License & Limitations on Use
Ownership by the Firm.
As between you and the Firm, all right, title and interest in the website (including all copyrights, trademarks and other intellectual property rights) belongs to the Firm or its licensors. In addition, the names, images, pictures, logos, icons and other marks identifying our products and services in many countries are proprietary marks of the Firm. Except as expressly provided below, nothing contained herein should be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.
Limited license and right to use website and content.
You are hereby granted a nonexclusive, nontransferable, limited license to view and use information from the website (i) solely for your personal, informational, non-commercial purposes, (ii) on the terms herein, (iii) provided that you do not modify or alter the content in any way, and (iv) provided that you do not delete or change any copyright or trademark notice.
Except as expressly provided herein, no part of the website, including but not limited to materials retrieved and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means. In no event should materials from the website be stored in any information storage and retrieval system without prior written permission from the Firm.
In addition, you may only use the website if you agree not to take any action that might (i) interfere with their proper working, (ii) impose an unreasonable or disproportionately large load on their infrastructure, (iii) compromise the their security, (iv) render them or their features inaccessible to others, (v) cause other damage to the website or any content, or (vi) launch any automated system, including without limitation, any “robot,” “spider,” or “offline reader” that sends more requests to their server(s) in a given period of time than a human can reasonably generate using a conventional web browser.
Use, duplication, or disclosure by or for the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19.
Other Disclaimers, Limitation of Liability and Indemnity
“Covered Parties” means the Firm (including affiliated and other related entities), its listees, business partners and other entities participating in the website, and its and their officers, directors, partners, principals, managers, members, employees, contractors, agents, successors, and assigns.
Other Disclaimers
THE WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS AND THE COVERED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF OTHER TERMS HEREIN, THE COVERED PARTIES ALSO DISCLAIM ALL WARRANTIES, RESPONSIBILITY AND LIABILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) USER GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREIN, (C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN OUR WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREIN, (D) THE UNAVAILABILITY OF THE WEBSITE OR ANY PORTION THEREOF, (E) YOUR USE OF THE WEBSITE, (F) VIRUSES OR OTHER DAMAGING FACTORS, OR (G) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE.
Limitation of Liability
The Covered Parties are and will not be liable for any damages, including but not limited to any direct, indirect, incidental, special, reliance, or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees, lost profits, savings, or data), in any way due to, resulting from, or arising in connection with our website, including their content and your use thereof, regardless of any negligence or fault of any of the Covered Parties, and whether or not apprised of the possibility of such damages. In no event will the aggregate liability of any of Covered Parties related to your use of the website, User Generated Content, or their other content be greater than $100.00.
Indemnity
You agree to indemnify and hold harmless the Covered Parties from any losses, damages, claims, or liabilities of any nature, including reasonable attorneys’ fees, arising from your use of the website, User Generated Content, or their other content, or your breach of the terms hereof. The indemnity does not apply to events arising directly from a client-lawyer relationship, if any, that may be entered between you and the Firm on the terms described herein.
Legal & Ethical Requirements
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. 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.
Prior results do not guarantee a similar outcome.
Contingent attorneys’ fees refers only to those fees charged by attorneys for their legal services. Such fees are not permitted in all types of cases. Court costs and other additional expenses of legal action usually must be paid by the client. The percentage fee will be computed before or after expenses are deducted from the recovery in accordance with state laws.
It is the Firm’s intention to fully comply with all legal and ethical requirements related to the website. To the extent that the professional responsibility requirements of any jurisdiction require us to designate a principal office or an attorney responsible for the website, the Firm designates its New York office as its principal office.
Capacity to Accept Terms of Use
In accessing or using the website, you affirm that you (i) are more than 18 years old, or an emancipated minor, or possess legal parental or guardian consent, (ii) are fully able and competent to understand and enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use and our Privacy Policy, and (iii) agree to comply with these Terms of Use and our Privacy Policy. In any case, you acknowledge that this website is not intended for children under the age of 13, and affirm that you are more than 13 years old. Please do not use this website if you are under 13, and talk to your parents or guardian about which websites you can visit.
Entire Agreement; Severability; No Waiver
These Terms of Use incorporate by reference any notices contained on the website and, with our Privacy Policy and any end-user license agreements, constitute the entire agreement regarding your access to and use of the website. If any provision of these Terms of Use or our Privacy Policy is unlawful, void or unenforceable, that provision will be severable from the remaining provisions and will not affect their validity and enforceability. Firm’s failure to enforce any provision on any occasion is not and should not be construed as a waiver of such provision.
Governing Law; Jurisdiction
These Terms of Use and our Privacy Policy are to be governed by and construed in accord with the laws of the State of New York, USA, without regard to choice of law principles, and U.S. federal and state courts located in the State of New York, County of New York, USA, are the exclusive forum and have sole jurisdiction for any dispute.
Claims of Copyright Infringement and the Digital Millennium Copyright Act
The Firm is committed to complying with U.S. copyright and related laws, and requires all customers and users of the Service to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements.
In the event that you claim to be the copyright owner of any content, you agree to immediately notify the Firm of any claimed copyright infringement. You further agree to provide the Firm’s copyright agent the following information as required by the DMCA, Title 17, U.S.C. § 512:
1. your physical or electronic signature or that of a person authorized to act on behalf of you, the purported owner of an exclusive right that is allegedly infringed;
2. identification of the copyright or work claimed to have been infringed, or a multiple copyrighted work at a single online site or covered by a single notification, or a representative list of such works at that site;
3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. information reasonably sufficient to permit us to contact you, the complaining party, or the person authorized to act on your behalf;
5. a statement that you, the complaining party, have a good faith belief that the use of the material in the manner complained of is not authorized by you the copyright owner, your agent, or the law; and
6. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of you, the owner of an exclusive right that is allegedly infringed. The Firm’s Copyright Agent for notice of claims of copyright infringement on or relating to the website can be reached by email at [email protected].
The Firm will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s) stored on the website or (ii) disable access to the work(s). The Firm will also notify the affected customer or user of the Service of the removal or disabling of access to the work(s). Copyright owners may use their own notification of claimed infringement form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to the Firm, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.
If you receive a notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to the Firm. Upon the Firm’s receipt of a counter notification that satisfies the DMCA requirements, the Firm will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures with respect to a received counter notification. In all events, you expressly agree that the Firm will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
If a notification of claimed infringement has been filed against you, you can file a counter notification with the Firm’s designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.
All written material available on the Firm’s website, including the Firm’s blogs, individual blogs and legal briefs, is protected by copyright law. Copyright © LoPresti & Associates, PLLC. All Rights Reserved.
Effective Date: January 1, 2019