Terms & Conditions
PLEASE READ THE FOLLOWING TERMS OF SERVICES & LEGAL NOTICES (hereinafter “Agreement”) CAREFULLY BEFORE USING THIS WEBSITE (the “Site” or “www.bedrocklegalgroup.com”). Any person accessing this Site to utilize any of the services it provides, including finding a professional, posting information or otherwise utilizing any of the features on this Site (collectively known as “Services”) must accept the Terms and Conditions of this “Agreement” without change. These terms explain your (and our) rights under this Agreement and make disclosures as required by 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 this Site.
A. Florio & Associates, PLLC in some states (hereinafter referred to as
“A. Florio & Associates, PLLC”, “We”, or “Our”), a debt relief agency
helping people file for bankruptcy under the bankruptcy code, 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
constitutes your acceptance of any such changes. Nothing in this website
is to be construed as an offer for legal services. Legal services are
only offered once a A. Florio & Associates, PLLC attorney has had an
opportunity to review the specific facts of a case and indicates a
willingness to take on the representation.
DISCLOSURES REQUIRED UNDER 11 U.S.C. §§ 527 AND 342
NOTICE #1: Notice Mandated by 11 U.S.C. §§342(b)(1) and 527(a)(1)
PURPOSE, BENEFITS AND COSTS OF BANKRUPTCY
Bankruptcy is a federal court proceeding that provides relief to people and businesses that are having financial difficulty. The relief comes in the form of an “automatic stay” which generally stops most collection proceedings and harassment from creditors. The cost of filing a bankruptcy consists of a filing fee which varies depending on the type of case you are filing (see below) and if you choose to hire a lawyer to represent you, the lawyer will likely charge you a fee for the representation. Additionally, there may be costs to obtain necessary information and documentation required by the bankruptcy code, bankruptcy rules and local rules.
The discussion here is meant only as a brief overview and no one
should base their decision as to whether to file or not to file
bankruptcy solely on this information. Bankruptcy is complex and a
number of factors and considerations must be taken into account in
making a determination to file or not. Anyone considering bankruptcy is
encouraged to seek the advice and assistance of experienced counsel who
practices bankruptcy law.
What Bankruptcy Can and Can’t Do
Bankruptcy may be able to help financially distressed people to:
Discharge (eliminate) liability for most or all of their debts
and a get a fresh start. When the debt is discharged, the debtor no
longer has any legal obligation to pay it.
Stop foreclosure proceedings! The automatic stay in bankruptcy can
freeze a foreclosure proceeding and provide an opportunity to catch up
on missed payments.
Prevent repossession of a car or other property! The automatic stay
can prevent a finance company from exercising its repossession rights,
or might even be able to force a creditor to return a vehicle that has
already been repossessed.
Prevent utility shut-offs! The automatic stay in bankruptcy can
prevent a utility company from terminating service because of
non-payment and can even force the company to reconnect service that has
already been terminated.
Stop wage garnishments and creditor harassment! The automatic stay
in bankruptcy can suspend wage deduction proceedings and other types of
debt collection efforts.
Lower monthly payments! The automatic stay in bankruptcy can alter
your contractual relationships with your creditors by lowering or
eliminating interest and can allow payments to creditors for less than
the outstanding balance.
Can provide an opportunity for debtors to challenge then claims of
certain creditors who might be seeking to collect more than they are
entitled.
Bankruptcy, however, may not be the cure-all for every financial problem. There are limitations. For instance, a debtor usually can not:
Eliminate certain liens of secured creditors. Although it is
possible to force secured creditors to take payments over time and
although it is possible to modify the terms of payments in some cases, a
debtor usually can not keep the collateral unless the debtor continues
to pay the debt.
Discharge types of debts identified in the bankruptcy code. The most
common exceptions to discharge are domestic support orders (child
support, maintenance, or alimony), most student loans, criminal fines,
and most taxes.
Discharge debts incurred after the bankruptcy is filed. Bankruptcy
only helps with debts already existing at the time of filing; it doesn’t
provide relief for future debts.
Protect co-signors. If someone co-signed for you, the co-signor is
usually going to be liable to pay the creditor whatever part of the loan
you don’t pay or that isn’t paid through a bankruptcy case.
The Four Types of Bankruptcy Available to Individual Consumer Debtors
The Bankruptcy Code is divided into four chapters. The most commonly used chapters by consumer debtors are chapter 7, known as a “fresh start” or “straight” bankruptcy and chapter 13 which is a voluntary court approved, court supervised affordable repayment plan.
The main benefit of filing for bankruptcy under all chapters is the automatic stay. The automatic stay is a court order that automatically applies once a bankruptcy case is filed (with rare exceptions that apply to some repetitive case filings). The automatic stay stops most lawsuits, repossessions, foreclosures, garnishments, utility shut-offs, and debt collection harassment. It offers debtors relief and enables debtors and a case trustee to review the facts and develop an appropriate solution to the debt problems.
Chapter 7: Liquidation (court filing fee, not including attorney fees or costs = $335)
Chapter 7 is designed for debtors in financial difficulty who do
not have the ability to pay their existing debts. Debtors whose debts
are primarily consumer debts are subject to a “means test” designed to
determine whether the case should be permitted to proceed under chapter
7. If your income is greater than the median income for your state of
residence and family size, in some cases, creditors have the right to
file a motion requesting the court dismiss your case as an abuse under
707(b) of the United States Bankruptcy Code. It is up to the court to
decide whether the case should be dismissed.
Under chapter 7, you may claim certain property exempt under
applicable law. Some states force debtors in the state to only claim
property exempt pursuant to state law, while other states allow debtors
to choose to claim property exempt under either state or federal law. A
trustee can take possession and sell any non-exempt property and use the
sale proceeds to pay your creditors.
The purpose of filing a chapter 7 case is to obtain a discharge of
the debts existing as of the date you file a case. However, not all
debts are dischargeable. If you have committed certain kinds of improper
conduct described in the Bankruptcy Code, the court may deny you a
discharge and, if it does, the purpose for which you filed the
bankruptcy petition will be defeated.
Even if you receive a general discharge, some particular debts are
not discharged under the law. Therefore, you may be responsible to pay
for most taxes and student loans; debts incurred to pay no dischargeable
taxes; domestic support and property settlement obligations; most
fines, penalties, forfeitures, and criminal restitution obligations;
certain debts which are not properly listed in your paperwork; and debts
for death or personal injury caused by operation of a motor vehicle,
vessel, or aircraft while intoxicated from alcohol or drugs. Also, if a
creditor can prove that a debt arose from fraud, breach of fiduciary
duty, or theft, or from a willful or malicious injury, the bankruptcy
court may determine that the debt is not discharged.
Chapter 13: Repayment of All or Part of the Debts of an Individual with Regular Income (court filing fee, not including attorney fees or costs = $310).
Chapter 13 is designed for individuals with regular income who
would like to pay all or part of their debts in installments over a
period of time. You are only eligible for chapter 13 if your debts do
not exceed certain dollar amounts set forth in the Bankruptcy Code.
Under chapter 13, you must file with the court a plan to repay your
creditors all or part of the money you owe them from your future
earnings. The period allowed by the court to repay your debts may be
three or five years, depending upon your income and other factors. The
court must approve your plan of repayment before it can take effect.
After completing the payments under your plan, your debts are
generally discharged except for domestic support obligations; most
student loans; certain taxes; most criminal fines and restitution
obligations; certain debts which are not properly listed in your
bankruptcy papers; certain debts for acts that caused death or personal
injury; and certain long term secured obligations (like mortgages).
Chapter 11: Reorganization (court filing fee, not including attorney fees or costs = $1,717)
Chapter 11 is designed for the reorganization of a business but is also available to individual consumer debtors. Its provisions are quite complicated and any decision by an individual to file a chapter 11 petition should be reviewed by an attorney. Further information about chapter 11 cases, since chapter 11 usually does not pertain to individuals with primarily consumer debts can be found at the following website: www.uscourts.gov/bankruptcycourts.html. Or, you can obtain information about chapter 11 by obtaining a copy of the brochure published in June, 2000 and titled “A Bankruptcy Basics” prepared by the Administrative Office of the United States Courts.
Chapter 12: Family Farmer or Fisherman (court filing fee, not including attorney fees or costs = $275)
Chapter 12 is designed to permit family farmers and fishermen to
repay their debts over a period of time from future earnings and is
similar to chapter 13. The eligibility requirements, however, are
restrictive, limiting its use to those whose income arises primarily
from a family-owned farm or commercial fishing operation. Chapter 12,
therefore, is usually not available to consumers whose debts are
primarily consumer debts. The brochure and website mentioned above also
provides more detailed information regarding chapter 12.
SERVICES AVAILABLE FROM CREDIT COUNSELING AGENCIES
With limited exceptions, §109(h) of the Bankruptcy Code requires that
all individual debtors who file for bankruptcy relief on or after
October 17, 2005, receive a briefing that outlines the available
opportunities for credit counseling and provides assistance in
performing a budget analysis. The briefing must be given within 180 days
before the bankruptcy filing. The briefing may be provided individually
or in a group (including briefings conducted by telephone or over the
Internet) and must be provided by a nonprofit budget and credit
counseling agency approved by the United States Trustee or bankruptcy
administrator. The clerk of the bankruptcy court has a list that you may
consult of the approved budget and credit counseling agencies in your
jurisdiction.
BANKRUPTCY CRIMES AND AVAILABILITY OF BANKRUPTCY PAPERS TO LAW ENFORCEMENT OFFICIALS
A person who knowingly and fraudulently conceals assets or makes a
false oath or statement under penalty of perjury, either orally or in
writing, in connection with a bankruptcy case is subject to a fine,
imprisonment, or both. All information supplied by a debtor in
connection with a bankruptcy case is subject to examination by the
Attorney General acting through the Office of the United States Trustee,
the Office of the United States Attorney, and other components and
employees of the Department of Justice.
WARNING:
11 U.S.C. §521(a)(1) of the Bankruptcy Code requires that you
promptly file detailed information regarding your creditors, assets,
liabilities, income, expenses and general financial condition. Your
bankruptcy case may be dismissed if this information is not filed with
the court within the time deadlines set by the Bankruptcy Code, the
Bankruptcy Rules, and the local rules of the court.
NOTICE #2: Notice Mandated by 11 U.S.C. §§342(b)(2)
FRAUD & CONCEALMENT PROHIBITED
It is important that you understand the following:
Some or all of the information you provide in connection with
your bankruptcy case will be filed with the United States Bankruptcy
Court in the appropriate jurisdiction on forms or documents that you
will be required to sign and declare as true under penalty of perjury.
A person who knowingly and fraudulently conceal assets or makes
false oaths or statements under penalty of perjury in connection with a
bankruptcy case shall be subject to fine, imprisonment, or both.
All information you provide in connection with your bankruptcy case
is subject to examination and audit by the Attorney General of the
United States.
NOTICE #3: Notice Mandated by 11 U.S.C. §§527(a)(2)
MANDATORY DISCLOSURE TO CONSUMERS WHO ARE CONTEMPLATING FILING FOR BANKRUPTCY
PLEASE TAKE NOTICE THAT:
All information that you are required to provide with the filing
of your case and thereafter, while your case is pending, must be
COMPLETE, ACCURATE, and TRUTHFUL.
You must disclose ALL of your assets and liabilities! Further, you
must identify the replacement value of each asset (as defined in the
Bankruptcy Code, 506) must be stated in documents where requested after
reasonable inquiry to establish the value. For most property used and
acquired for personal, family, or household purposes, replacement value
means the amount retail merchant would charge for “used” property
similar to what you own considering the age and condition of the
property. Replacement cost does NOT mean the amount you would have to
pay a retail merchant for a “new” item. For many cases involving used
clothing, furniture, computers, replacement cost may be “yard sale”
value, or what the used item might sell for on eBay. With regard to
antiques, jewelry or collectibles, replacement value might be the retail
value. For motor vehicles, replacement value would be the third party
purchase value. For real estate, replacement value would be what the
property would sell for at current market value. For cash and bank
accounts it is the actual amount on deposit. For stocks and bonds, it is
their market value as of the date your case is filed and the value is
the cash value of what the stock could sell for in the market, or the
amount a bond could be redeemed for at the time of filing.
Before you file a case, you are subject to a “means test.” The
“means test” is a statutory test designed to determine whether or not
you qualify to file a case under chapter 7 of the bankruptcy code, and
if not, how much you need to pay to your unsecured creditors in a
chapter 13 case. You must therefore state, after reasonable inquiry,
your current monthly income, the amount of all expenses as specified in
707(b)(2), and, in a case under chapter 13 of this title, disposable
income (determined in accordance with 707(b)(2), are required to be
stated after reasonable inquiry.
Any information you provide during the case may be audited pursuant
to Title 11 of the United States Code and failure to provide information
may result in dismissal of the case or other sanction, including
criminal sanctions!
NOTICE #4: Notice Mandated by 11 U.S.C. §§527(b)
IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY OR BANKRUPTCY PETITION PREPARER
If you decide to seek bankruptcy relief, you can represent yourself, you can hire an attorney to represent you, or you can get help in some localities from a bankruptcy petition preparer who is not an attorney. THE LAW REQUIRES AN ATTORNEY OR BANKRUPTCY PETITION PREPARER TO GIVE YOU A WRITTEN CONTRACT SPECIFYING WHAT THE ATTORNEY OR BANKRUPTCY PETITION PREPARER WILL DO FOR YOU AND HOW MUCH IT WILL COST. Ask to see the contract before you hire anyone.
The following information helps you understand what must be done in a routine bankruptcy case to help you evaluate how much service you need. Although bankruptcy can be complex, many cases are routine.
Before filing a bankruptcy case, either you or your attorney should analyze your eligibility for different forms of debt relief available under the Bankruptcy Code and which form of relief is most likely to be beneficial for you. Be sure you understand the relief you can obtain and its limitations. To file a bankruptcy case, documents called a Petition, Schedules and Statement of Financial Affairs, as well as in some cases a Statement of Intention need to be prepared correctly and filed with the bankruptcy court. You will have to pay a filing fee to the bankruptcy court. Once your case starts, you will have to attend the required first meeting of creditors where you may be questioned by a court official called a ‘trustee’ and by creditors.
If you choose to file a chapter 7 case, you may be asked by a creditor to reaffirm a debt. You may want help deciding whether to do so. A creditor is not permitted to coerce you into reaffirming your debts.
If you choose to file a chapter 13 case in which you repay your creditors what you can afford over 3 to 5 years, you may also want help with preparing your chapter 13 plan and with the confirmation hearing on your plan which will be before a bankruptcy judge. If you select another type of relief under the Bankruptcy Code other than chapter 7 or chapter 13, you will want to find out what should be done from someone familiar with that type of relief.
Your bankruptcy case may also involve litigation. You are generally
permitted to represent yourself in litigation in bankruptcy court, but
only attorneys, not bankruptcy petition preparers, can give you legal
advice.
[Statement contained in and required by 11 USC 527(b).]
ACKNOWLEDGEMENT OF RECEIPT
By using this Site and/or otherwise accepting this Agreement, user acknowledges that user received a copy or has been provided access to all of the following notices:
Notice Mandated by 11 U.S.C. §§342(b)(1) and 527(a)(1)
Notice Mandated by 11 U.S.C. §§342(b)(2)
Notice Mandated by 11 U.S.C. §§527(a)(2)
Notice Mandated by 11 U.S.C. §§527 (b)
AGREEMENT
1. Background
This Site is maintained by A. Florio & Associates, PLLC, a law firm and
debt relief agency. In addition, attorneys and/or law firms promoted
through this web site are Debt Relief Agencies. They also help people
file for relief under the Bankruptcy Code. The Site is maintained by the
law firm for three purposes. First, the Site is intended as a resource
for clients. It is also meant to provide information to the public about
bankruptcy, financial management and debt relief. Third, in addition to
providing service to A. Florio & Associates, PLLC clients and educating
the general public, the Site also provides users with the ability to
submit information about their specific financial situation and request
contact from either a A. Florio & Associates, PLLC attorney to discuss
specifics of user’s case and to possibly hire the attorney to represent
user.
2. Purpose
The materials and information provided on this Site are for informational purposes only and may not reflect current legal developments or variations in the law of different jurisdictions. Nothing on this Site should be construed as legal advice or used as a substitute for legal advice. The information on this Site does not necessarily reflect the opinions of the attorneys or law firms, their partners, clients or affiliates. The information on the Site is not guaranteed to be correct, complete or up to date. The Site is not intended to create an attorney-client relationship between you and A. Florio & Associates, PLLC nor between you and any of the unaffiliated partners, employees, agents, or affiliates, or any other attorney associated with this Site. In addition, receipt of an e-mail from or a “post” to the Site does not create an attorney-client relationship.
YOU SHOULD NOT ACT OR RELY ON THE BASIS OF ANY INFORMATION ON THE
SITE AS THE INFORMATION CONTAINED ON THIS SITE IS NOT A SUBSTITUTE FOR
LEGAL ADVICE FROM AN ATTORNEY. YOU SHOULD SEEK AND RETAIN AN ATTORNEY
AND GET SPECIFIC ADVICE ABOUT YOUR SITUATION!
3. Submission of Information
By submitting information to us, you agree that we may use the information within our law firm relating to any and all current or future products and/or services, and as otherwise provided in the Privacy Policy (click here). You further agree and understand that an attorney from A. Florio & Associates, PLLC may contact you directly via telephone, electronic mail, “snail” mail, text message, or any other reasonable method should they have any interest in discussing your case with you, unless you request in writing your desire not to be contacted.
If A. Florio & Associates, PLLC does not agree in writing to create an
attorney-client relationship, none will exist. You are once again
encouraged to seek and retain the advice of a duly licensed attorney in
your state so as to meet all applicable deadlines that govern your
bankruptcy case.
4. Privacy Policy
Please click here to view our Privacy Policy. Our Privacy Policy is
incorporated into these Terms and Conditions by reference. Any personal
information you submit on this Site is subject to our Privacy Policy.
5. Participation in the Site
By submitting information to, reading from, participating with, or otherwise using this 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 false or misleading information or that you do not have a right to make available under any law, contract, or fiduciary relationship. Such information includes, but is not limited to inside information, proprietary information and confidential information learned or disclosed as part of an employment relationship or under nondisclosure agreements. You agree not to use this Site 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 agree not to misidentify yourself or impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. For example, you agree not to pretend to be someone else or pretend to be from an entity you don’t represent or that is fictitious.
* You will not post advertisements or promotional materials, solicit participants and/or visitors to this Site without the express written consent of A. Florio & Associates, PLLC. You further agree not to duplicate, copy, distribute, sell, resell or exploit for any commercial purposes any portion of this Site or its Services, use of the Site or its Services, or access to the Site or its Services without the express written consent of A. Florio & Associates, PLLC.
* You are prohibited from using any type of computer “worm,” “virus,” or any other device that is intended or is reasonably likely to disrupt, overload, or otherwise impair the Site, Web servers or any part of the Site from functioning for its intended purposes. If you violate this provision, the resulting damage will be difficult to quantify as a dollar amount and therefore you hereby agree to pay A. Florio & Associates, PLLC liquidated damages in the amount of $10,000 for each day that the Site is damaged until the Site is completely repaired. Such liquidated damage sum is calculated by estimating the value of the loss of goodwill caused by the inoperable state, and the time and money it will take to repair the Site and to address visitor concerns. 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 in these Terms and Conditions.
* We are not responsible for any personal information provided on our Website that is mined by SPY WARE that may be present on your computer.
* Personal data about other users is protected by our Privacy Policy and you are not permitted to collect or store personal information or data about other users.
* Use of this Site is not permitted for purposes of “data mining” or extracting content from the Site beyond your own personal end use.
* Forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through the Site is strictly prohibited.
* You agree you will not use this Site or any of its contents to injure minors in any way.
* You agree that you shall not intentionally or unintentionally violate any applicable local, state, or federal, national or international law. Such laws include, but are not limited to, rules and regulations promulgated by the United States 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 choose to submit information through the Site you agree that such information will be true, accurate, current and complete to the best of your knowledge. You further agree to update the information to keep it true, accurate and current. Should you provide untrue, inaccurate, outdated or incomplete information, we have the right to suspend or terminate, temporarily or permanently, your use of the Site or any part of the Site or its Services at our sole discretion.
* You understand and agree that all Content (Content consists of, but is not limited to the following: information, statistical data, text, software, music, sound, photographic, graphics, video, messages or other materials), whether publicly or privately transmitted by you or other users of the Site or the Service, are the sole responsibility of the person from which such Content originated. A. Florio & Associates, PLLC is not responsible for the Content you or any other user upload, post, email or otherwise transmit through this Site. A. Florio & Associates, PLLC does not control all of the content posted on this Site. You may be exposed to Content you find offensive, objectionable or indecent. A. Florio & Associates, PLLC under no circumstances is responsible or can be held liable in any way for 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 through the Site.
* You acknowledge that A. Florio & Associates, PLLC may or may not pre-screen Content, but that we or our designees shall have the right in our sole discretion, without obligation, to pre-screen, refuse, or move any Content that is available through the Site. A. Florio & Associates, PLLC and our designees shall have the right, without obligation, to remove any Content that violates this Agreement or is otherwise objectionable, without limitation.
* You acknowledge that you are a party who can legally enter into a
contract under applicable law. In other words, minors are not allowed to
use the Services on this Site.
6. A. Florio & Associates, PLLC Partner Attorneys
A. Florio & Associates, PLLC is a law that provide legal services to clients throughout the United States. Each Partner identified is a) a Limited Partner of A. Florio & Associates, PLLC pursuant to a formal Partnership Agreement that each Partner has entered into with A. Florio & Associates, PLLC, b) has access to all information concerning the clients they serve, c) has a close, regular and continuing relationship with A. Florio & Associates, PLLC that transcends a single case or only occasional cases, and d) supervises every facet of portions of the representation that are provided by attorney and non-attorney staff members at A. Florio & Associates, PLLC’s headquarters.
7. Preservation of Intellectual Property Rights
This Site and any necessary software used in connection with this
Site may contain proprietary and confidential information that is
protected by applicable intellectual property and other laws. Except for
the limited license A. Florio & Associates, PLLC is granting you pursuant
to paragraph 7 below, nothing in these Terms and Conditions grants or
should be construed to grant any licenses or rights in any way
whatsoever including but not limited to, implied license, license by
estoppel, intellectual property rights, or copyrights. You agree that
all right, title and interest (including intellectual property rights,
trademarks, copyrights, service marks, patents and any other
intellectual property rights) in this Site and its content belongs to
A. Florio & Associates, PLLC or our licensor’s, as applicable. Nothing on
this Site, including Content, graphics, or logos may be copied,
photocopied, reproduced, translated, or reduced to any electronic medium
or machine-readable form, in whole or in part, without the express
written consent of A. Florio & Associates, PLLC. Except as authorized by
express written consent, you 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.
8. Limited License and Permitted Use
User is hereby granted a limited, non-exclusive, nontransferable,
revocable license to: 1) access and use the Site strictly in accordance
with these Terms and Conditions; 2) use the Site solely for internal,
personal, noncommercial purposes; and 3) print out information and
search results from the Site for limited internal, personal,
noncommercial purposes, provided that you maintain all copyright and
comply with other notices contained herein.
9. Restrictions on Use
Your license to use this Site and its services are subject to the
following additional restrictions on use. You may not (1) copy, print,
republish, display, transmit, distribute, sell, rent, lease, offer in
barter or exchange, loan or otherwise make available in any form by any
means all or any portion of this Site including any information or
materials retrieved (except as authorized pursuant to paragraph 7,
above); (2) remove, change, modify, or obscure any copyright notice or
other proprietary notice or terms of use contained herein; (3) remove,
disable, defeat or change any functionality or appearance of consent;
(4) use the Site or any of the materials in any manner that may infringe
any copyright, intellectual property right, proprietary right, or
property right of A. Florio & Associates, PLLC or any third parties; (5)
use the Site or its materials as a component of or to develop an
information 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; (6) create compilations or derivative
works of the Site or any other materials from the Site; (7) 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; (8) decompile,
disassemble or reverse engineer any Site software or use any network
monitoring or discovery software to determine the architecture of the
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transmitting unsolicited commercial email, email that makes use of
A. Florio & Associates, PLLC name or trademarks, including in connection
with invalid or forged headers and footers, domain names, or other means
of deceptive addressing; and unsolicited telephone calls or facsimile
transmissions; (10) use any automatic or manual process of gathering
information for or transmitting unsolicited commercial email; (11)
export or re-export the Site or any portion thereof or any software
available on the Site in violation of the export control laws and
regulations of the United States of America; and (12) use the Site in a
manner that violates any state or federal law regulating commercial
email, facsimile transmissions or telephone solicitations.
10. Modifications to the Site
We reserve the right to modify or discontinue, temporarily or
permanently, the Site (or any part of it) with or without notice at any
time. In the event of modification or termination, 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 messages or
other communication, without limitation or exception. You agree that we
shall not be liable to you, your heirs and assigns, or to any third
party for any modification, suspension or discontinuance of the Service.
11. No Solicitation
You agree not to distribute on or through this Site, or to any
persons or entities identified in this Site, any advertising or
solicitation content of any kind without our express written consent.
12. No Liability for “Hyperlinks”
This Site may from time to time contain, but is not obligated to
provide, “hyperlinks” to websites neither owned nor controlled by
A. Florio & Associates, PLLC. A. Florio & Associates, PLLC is not responsible
for and makes no representations or endorsements regarding these other
“hyperlinked” sites, unless specifically noted. By providing
“hyperlinks,” A. Florio & Associates, PLLC does not intend 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
“hyperlink.”
13. No Liability for Third-Party Content
This Site from time to time may contain content provided by
third-parties or content provided by third-parties may be accessible
through our Site via “hyperlinks.” A. Florio & Associates, PLLC shall not
be responsible for and does not assume any liability for any mistakes,
misstatements of law, defamation, omissions, falsehoods, obscenities,
pornography or profanity in the statements, opinions, representations or
any other form of content contained in any third-party content
appearing on our Site. You understand and agree that the information and
opinions in the third-party content represent solely the thoughts of
the author and is neither endorsed by or necessarily reflects the
beliefs of A. Florio & Associates, PLLC.
14. No Liability for Errors and Corrections
A. Florio & Associates, PLLC does not warrant or represent that this
Site will be error-free or free from viruses or other harmful elements,
or that any such defects will be corrected. We do not warrant that the
information provided on this Site will be correct, accurate, timely or
otherwise reliable. We may make improvements and/or changes to its
features, function, or content of the Site at any time without notice.
A. Florio & Associates, PLLC is not obligated, under any circumstances, to
make such improvements or changes to this Site. A. Florio & Associates,
PLLC shall not be liable for any such errors or defects in any event.
15. Indemnification
User agrees to indemnify and hold A. Florio & Associates, PLLC, its
subsidiaries, assigns, directors, affiliates, officers, agents,
employees, or third-party contractors, 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 A. Florio & Associates,
PLLC account or password with your knowledge.
16. No Liability for Business Dealings with Advertisers
User assumes the risk of any and all correspondence or business
dealings with, or participation in promotions of, advertisers found on
this Site, including, but not limited to, payment and delivery of goods
and services, and any other terms, conditions, warranties or
representations associated with such dealings. Such transactions are
exclusively dealings between user and the advertiser and user agrees
that A. Florio & Associates, PLLC shall not be responsible or liable in any
way for any loss or damage of any kind incurred as the result of any
such dealings or as the result of the presence of the advertisers on
this Site.
17. 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, A. Florio & Associates, PLLC 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 ABOVE PARAGRAPH, A. Florio & Associates, PLLC MAKES NO REPRESENTATION OR WARRANTY THAT (i) THE CONTENT AND SERVICE OF THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR FROM THE INFORMATION PROVIDED ON THIS SITE WILL BE ACCURATE OR RELIABLE, (iii) THE CONTENT AND SERVICE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE IS ACCURATE OR WILL MEET YOUR EXPECTATIONS. A. Florio & Associates, PLLC DOES NOT GUARANTY THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR SERVICES AND A. Florio & Associates, PLLC DOES NOT GUARANTY THE SERVICES OR MATERIALS ASSOCIATED WITH THE SITE INCLUDING THE QUALITY OF THE LEGAL ADVICE OR THE QUALITY OF THE LEGAL SERVICES PROVIDED WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY SERVICE OR GOOD SERVICE WILL CONTINUE TO BE AVAILABLE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN RISK AND DISCRETION 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 WRITTEN OR ORAL INFORMATION OBTAINED BY YOU FROM US OR THROUGH US
OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE
TERMS AND CONDITIONS.
18. Limitation of Liability
YOU EXPRESSLY AGREE AND UNDERSTAND THAT A. Florio & Associates, PLLC
SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, DATA, USE, 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 COST OR PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, SERVICES, MATERIALS, OR INFORMATION PURCHASED OR OBTAINED,
MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SITE; (ii) THE USE OR INABILITY TO USE THE SITE; (iii) STATEMENTS OR
CONDUCT OF THIRD PARTIES ON THE SITE; (iv) YOUR FAILURE TO RECEIVE ANY
THIRD PARTY SERVICES OR PRODUCTS REQUESTED THROUGH THE SITE; (v) INVALID
DESTINATIONS, TRANSMISSIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OF DATA; (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 ANY SERVICES IN QUESTION, IF ANY.
19. 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. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. Termination of License and Use
User agrees that by using this Site user does not acquire any rights to the Site other than the limited license to use this Site as provided in paragraph 7 that can be terminated in accordance with this section. User agrees that A. Florio & Associates, PLLC in our sole discretion may terminate your password, account or any part of your account, or use of this Site for any reason, including but not limited to and without limitation, non-payment, lack of user’s use, or if we believe that you have violated these terms and conditions or have acted inconsistently with the letter or spirit of this agreement. User agrees further that A. Florio & Associates, PLLC may remove and discard any Content on this Site without notice and for any reason within the sole discretion of A. Florio & Associates, PLLC. A. Florio & Associates, PLLC may also in our sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice.
User agrees that any termination of your access to the Site under any
provision of this agreement may be effected without prior notice and
user further acknowledges, understands and agrees that A. Florio & Associates, PLLC 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. User also agrees that A. Florio & Associates, PLLC shall not be liable to you or any third-party for any
termination of your access to this Site.
21. Attorney Advertising Disclosures
This Site may be considered to be an ADVERTISEMENT or may contain ADVERTISING MATERIAL or LAWYER ADVERTISEMENTS. Some state court jurisdictions may consider this Site itself to be a form of advertising for legal services. Advertising for legal services in some states may require specific disclosures. User agrees that user has read the following disclosures carefully, especially the disclosures that apply to user’s state of residence.
THIS IS AN ADVERTISEMENT. Hiring a lawyer is an important process
that should not be based solely on any advertisement. Anyone considering
a lawyer should independently investigate the lawyer’s credentials and
ability and should not rely upon advertisements or self-proclaimed
expertise.
TRADE NAMES
The firm of A. Florio & Associates, PLLC operates under Florio &
Associates, PLLC in those states where trade names are not permitted. It
does not use its trade name to advertise or do business in the states
of Arizona, Colorado, Georgia, Indiana, Iowa, Kentucky, Maine, Michigan,
Mississippi, Nebraska, Nevada, New Jersey, New York, Ohio, and Texas.
As A. Florio & Associates, PLLC is a national law firm, its advertising and
website are viewed in every state by consumers. It specifically does
not intend the use of a trade name on a national basis to be deceptive
or confusing to potential clients in any particular state.
BACKGROUND INFORMATION IS AVAILABLE UPON REQUEST
Before user decides to hire any of A. Florio & Associates, PLLC’s
attorneys, user should ask attorneys to provide free written information
about their qualifications and experience. Additional information about
particular attorneys is also available by contacting the Bar
Association in the State in which the lawyer or law firm is licensed.
User understands and acknowledges that attorneys from time to time make
career choices and change employment and user understands that A. Florio & Associates, PLLC cannot be held liable for any damages or inconvenience
if a particular attorney is not employed by the law firm at a given
time. User agrees that A. Florio & Associates, PLLC has no liability
whatsoever, as stated in paragraph 13, for any errors or corrections as
to attorney information provided on this Site. A. Florio & Associates, PLLC
agrees to verify the current employment status of any attorney
identified as a A. Florio & Associates, PLLC employee at any given time
upon request.
A. Florio & Associates, PLLC makes no representation that the quality of the legal services performed by A. Florio & Associates, PLLC attorneys is greater than the quality of the legal services performed by other lawyers. User understands that memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical or professional associations and societies of law or fields of practice do not mean the lawyer is a specialist, expert, or 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.
User should understand that any indication of a limitation of practice does not mean that any agency or board has certified the 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. A. Florio & Associates, PLLC urges all users to make an independent investigation and evaluation of any lawyer user is considering hiring for any legal matter.
Except where specifically indicated, no attorney of A. Florio & Associates, PLLC 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 restrict their practices to a particular field of law is not meant to imply that they have gained any specific type of certification or specialization in the area of law they are concentrating their practice. Many states, including Illinois, do not recognize certifications or specialties in the practice of law and explicit state that any such certificate, award or recognition is not a requirement to practice law in those fields or in the state.
Within this Site, A. Florio & Associates, PLLC may include descriptions of successful outcomes of litigation or lawsuits handled by A. Florio & Associates, PLLC, or other attorneys not affiliated with A. Florio & Associates, PLLC or the Site. Any such descriptions are not meant to create unjustified expectations that similar results can be obtained for others. Each case is different and has its own unique set of facts and legal circumstances. No attorney can guarantee the success of a case. Even past successes in very similar cases does not indicate success in a subsequent case is guaranteed or even likely. Past successes in similar matters cannot be an assurance of future successes because every case must be decided on its own merits. Results depend upon a variety of factors unique to each fact situation.
The material on this Site is not intended to and does not include any advertisements for legal services that contain testimonials, dramatizations, or endorsements. The Site is intended to provide useful information presented in a non-sensational, objective, and understandable manner. Images and pictures on this Site, other than where indicated (i.e. attorney photographs), are not meant to depict or represent actual people or events, but are used for illustrative purposes only.
This Site is not intended to advertise legal services to be performed in a particular state solely by A. Florio & Associates, PLLC, unless the lawyer or law firm is specifically licensed to practice in the State.
A. Florio & Associates, PLLC does not wish to and will not knowingly accept legal representation based on or resulting from the use of this Site from a person within a particular jurisdiction to the extent the Site does not comply with the laws and regulations of any jurisdiction in which it may be received. A. Florio & Associates, PLLC will not knowingly accept representation based on or resulting from use of this Site from a person located out of the United States of America.
STATE SPECIFIC DISCLOSURES:
Texas
A. Florio & Associates, PLLC does not specifically advertise or do
business under a trade name in the state, but instead operates as Florio
& Associates, PLLC. Lawyers named on this Site are Not Certified by
the Texas Board of Legal Specialization, unless otherwise specifically
indicated.
These Terms and Conditions constitute the entire agreement between
A. Florio & Associates, PLLC and User and govern the use of this Site
superseding any prior agreements between User and A. Florio & Associates,
PLLC. User may also be subject to additional terms and conditions that
may apply when User uses or purchases certain other services, affiliate
services, third-party content, third-party software or materials found
on any “hyperlinks.”
23. Choice of Forum
Any disputes arising out of or related to use of this Site, this
agreement, and/or the relationship between User and A. Florio & Associates,
PLLC shall be submitted for resolution to arbitration in Dallas, Texas
in accordance with the rules and procedures of the American Arbitration
Association.
24. Statute of Limitations
User agrees that regardless of any statute or law to the contrary,
any claim or cause of action, or dispute arising out of or related to
the use of this Site, this agreement and/or the relationship between
User and A. Florio & Associates, PLLC must be filed within one (1) year
after such claim, cause of action, or dispute arose or such claim,
dispute or cause of action shall be forever barred.
25. Waiver and Severability of Terms
Should A. Florio & Associates, PLLC fail to enforce or exercise any of
its rights or provisions of this Terms and Conditions shall not
constitute a waiver of such rights or provisions. If any provision of
this Terms and Conditions 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 this Terms and Conditions shall
remain in full force and effect.
26. Attorney Ethics Notice
If User is an Attorney, 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, misrepresentations of fact, and due diligence. A. Florio & Associates, PLLC disclaims any and all responsibility for attorney’s compliance with these rules. The section titles and headings in this Terms and Conditions are for convenience and organizational purposes only and have no legal or contractual effect.
The Minnesota attorney responsible for the content of this website is James Agosto.