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TERMS & CONDITIONS

These Terms and Conditions of Use (“The Agreement” or the "Terms & Conditions") are provided by Levatino Pace PLLC and Joel S. Pace, d/b/a “Curbside Attorney” and/or “www.curdsideattorney.com” (the "Site"), a web-based Texas law practice managed by attorney Joel S. Pace (collectively "Attorneys").  The term "Attorneys" shall also include any other attorneys or non-attorney staff (i.e., legal assistants, paralegals, etc.) working in affiliation or in collaboration with them. The pronouns "we," "us," "our," and any other first-person plural pronouns used in these Terms & Conditions shall be deemed to refer to the "Attorneys" as defined herein. The term "Client" shall refer to the person(s) accessing the Site or purchasing a document, product, or service through the Site. The pronouns "you," "your," and any other second-person pronouns used in these Terms & Conditions shall be deemed to refer to the "Client" as defined herein. 

 

By using this Site or creating a client account by purchasing any document, product, or service through www.curbsideattorney.com, you agree without modification to these Terms and Conditions and acknowledge reading them and being bound by them.

LIMITATION OF SERVICES - TEXAS ONLY

While authorities in some jurisdictions may deem this Site and this law practice to be an advertisement for legal services in their jurisdiction, our Site should not be construed as a solicitation for legal services related to any other state’s law. We (Attorneys) are only licensed to practice law in Texas, and the Site and legal practice offer services related only to Texas law.

We (Joel S. Pace, Levatino Pace PLLC, and any attorneys working for Attorneys) do not wish to represent anyone desiring representation based upon viewing this Site in a state where this Site fails to comply with all laws and ethical rules of that state.

CONTACT BEFORE THE ATTORNEY-CLIENT RELATIONSHIP IS ESTABLISHED

The transmission of information through contact forms on this Site and/or any communication with us via the Site, the internet, e-mail, questionnaires (hard copy or submitted online), forms (hard copy or submitted online), forum posts, blog posts, or otherwise through the Site does not, by itself, establish an attorney-client relationship. Any information you convey to us via the Internet or the Site may not be secure, and information conveyed prior to establishing an attorney-client relationship may not be privileged or confidential. Therefore, please do not send any confidential information to Attorneys until an attorney-client relationship has been clearly established.

ESTABLISHING AN ATTORNEY-CLIENT RELATIONSHIP

An attorney-client relationship is established only after you purchase a product, document, or service from the Site. However, even after payment, we may decline to represent you for any reason, including but not limited to if a possible conflict of interest is discovered, if we believe your legal needs cannot be addressed in an online, web-based setting, or if we, in our sole discretion determine your situation is not suited to the flat fee model.

If we determine during our communication with you at any time prior to or during our work that your specific legal matter requires the engagement of a specialist attorney (e.g., estate planning specialist for high net worth individuals or couples, or to engage in complex estate tax avoidance strategies), then we will promptly refer you to a specialist attorney or full-service firm in your area or refer you to the Texas Bar Association’s Lawyer Referral Service. If such occurs after you have purchased as service, we shall provide an equitable refund that is fair under the circumstances. The determination of what an equitable refund is shall be left to our sole discretion. 

We (Attorneys) reserve the sole right and absolute discretion to determine staffing for all matters and what attorney or staff member works on each individual matter. 

NATURE OF UNBUNDLED LEGAL SERVICES & SPECIFIC LIMITATIONS

This Site and the services offered through it are not a pre-paid legal service. Rather, the Site is a web-based legal practice where you are charged a one-time fee for limited legal services related to Texas law. These flat-fee services may involve the preparation of documents, the performance of legal review and analysis, or certain very limited and specific legal proceedings. Each product or service has limitations and terms. 

Through the Site, we (Attorneys) provide specific unbundled legal services. This means that the legal services provided by us only extend to those services specifically offered in each product or service description, and no more. After you have purchased a service and we have agreed to provide it, once we complete the work, you cannot expect us to perform any additional work in any additional capacity, and we have no such obligation or duty to do so. 

For example, if we assist you in creating estate planning documents (i.e., a will, power of attorney, etc.), it is not our responsibility to ensure that the signed documents are properly filed in a subsequent probate proceeding, to attend a hearing or trial on your behalf, or to provide any other legal services related to that matter beyond the original purchased and provided limited legal services. Likewise, after you have paid for the requested services and we have performed them, we will not expect any further payment from you other than payment for the original requested legal services performed by us. Notwithstanding the forging, the prior limitation on your obligation to pay more than the original fixed fee does not apply if we determine your matter does not fit the flat fee model and notify you of the need to convert your matter to a hourly fee agreement, and you agree to our continued representation.  If you refuse to convert the matter upon notice, we shall withdraw as your attorney and you consent to such withdrawal.

Specific Limitations on Legal Proceedings: Moreover, if the service you purchase involves a limited, uncontested legal proceeding ( a "legal proceeding" or "proceeding" is when we file a lawsuit or other legal action with a court), once the proceeding is completed, our obligations end. We have no obligation to file post-trial/hearing motions, file appeals, or engage in any other work. Also, if your "uncontested" or "agreed" legal matter becomes contested or disputed, the matter will cease to qualify for the stated flat fee and either the matter will be converted to an hourly-fee matter or we (Attorneys) will withdraw from representing you (the Client). Under no circumstance shall we (Attorneys) have any responsibility, liability, obligation or duty to continue to represent the you (the Client) in a legal proceeding if the matter is not completely (100%) agreed  or there are issues in dispute to any degree. The reason for this condition is that it is impossible to predict the time and expense that will be involved in a contested or disputed legal proceeding. This impossibility makes a flat fee impractical, and we refuses to agree to such a retention under any circumstances.  For this reason, we (Attorneys) shall have the sole and absolute discretion to determine and declare (at any time) whether a matter is contested, disputed or agreed, and our determination shall be conclusive and final for all purposes. Additionally, the our determination of whether a matter is contested or agreed shall not be subject to review or change through any dispute resolution process, including arbitration. This limitation on the arbitrator's authority to review our determination on this issue supersedes and controls over any other provision to the contrary. If we determine at any time that your matter involves a legal proceeding that is not 100% agreed, we will offer to switch to the matter to an hourly fee agreement. If you refuse, we shall withdraw as your attorney and you consent to such withdrawal. Under no circumstances does any service or product involving a legal proceeding include a contested or disputed legal proceeding on any issue, regardless of the number or materiality of the disputed issues. After the suit is filed, the entire fixed fee is non-refundable, so please be sure your situation is agreed if it involves a legal proceeding. If we determine your situation is not 100% agreed prior to filing suit, we will refund your fee less $800.00.

Hourly Fee Rates: All legal proceedings that have any contested or disputed issues shall not qualify for a fixed fee and shall only be handled under an hourly-fee agreement. Joel S. Pace's current hourly fees range from $400 - $500 per hour. Erin Matherne's current hourly fees range from $300 - $400 per hour. Lee Roberts hourly fees currently range from $150 - $200 per hour.  We reserve the right to set each attorney's hourly billing rate for each matter in our sole and absolute discretion. 

Specific Limitations for Services involving drafting of documents. By purchasing our services to prepare documents (whether estate planning, deeds, wills, contract review, etc.) that do not involve Attorneys filing a legal proceeding, you agree that if legal proceedings are needed, required, or desired, the flat fee paid for the initial document preparation service does NOT involve any other work and specifically excludes us filing any legal proceeding or the original flat fee covering the filing of any legal proceeding. Rather, it remains your responsibility to proceed as a pro se litigant by filing all legal documents and complying with Texas state and local procedures, or by entering into a subsequent, new retention agreement with us (Attorneys) for that specific legal proceeding. By providing you with limited, unbundled legal services, we have not agreed to file a legal proceeding for you, attend a hearing or trial on your behalf, or provide any legal service extending beyond those services which you have purchased and we have agreed to provide.  After performing the services purchased by you, we have no further obligation to you, unless you contact us and we both agree to enter into a formal retention agreement for such additional services on an hourly fee basis, and such is agreed to in writing by both parties. Email (one or a series) shall not serve as a formal retention agreement unless specifically agreed to as such by Attorneys. 

The services purchased on the Site entail a limited engagement to draft the documents purchased or provide the limited legal services requested only. If other legal work is required or requested, a formal retention agreement or other fee agreement must be entered by the you and us, and only on an hourly fee basis. 

SCOPE OF SERVICES

The legal services provided by us, the Attorneys, are strictly limited to the products, documents, or services purchased through the Site (www.curbsideattorney.com) store. The scope of these services does not extend beyond the specific descriptions provided on the Site for each purchased product or service. If there is any uncertainty about whether a service is included, it should be interpreted as not included. Furthermore, services that are explicitly excluded or fall outside the boundaries of our written agreement are not included. Also, any filing fees or other costs are only included in the flat fee if specifically stated as being included in the flat fee in the service or product description. 

If services outside the scope of the written agreement are required, you are solely responsible for requesting that work be included in the scope of work, and such will require a separate, written retention agreement which will incur a separate legal fee. Under no circumstance will we pay any court costs, filing fees, service fees, citation fees, or other fees or costs associated with your legal proceeding, which may be required as part of a lawsuit, filing fees, or service of process fees, unless such is specifically stated as being included in the flat fee in the product or service description. 

Specific terms for legal proceedings. If you purchase a product that involves representation in court, you agree to the following terms:

  • You agree to pay the required flat fee in full at the start of representation.

  • You agree that we have the right to determine, in our sole and absolute discretion, that your matter falls outside of the terms of the flat-fee agreement, and change the representation to an hourly-fee agreement. If such occurs, you have the right to refuse the conversion. If you refuse the conversion to an hourly fee agreement, you expressly consent to us withdrawing from representing you and specifically authorize us to file a motion to withdraw as your counsel and your agree not to oppose such withdrawal.

  • You understand that we have not guaranteed any specific outcome in the legal proceeding.

  • You agree to cooperate with Attorneys in all reasonable ways, including communicating and assisting Attorneys in your representation. in the legal proceeding and, if you fail to do so, we may terminate our attorney-client relationship prior to the completion of the legal proceeding and not refund any part of the flat fee.  

  • You agree that your matter has no specific timeline or deadline for completion and we shall have the sole and exclusive right to determine the time for completing your project so long as such completion schedule is reasonable. 

LIMITS ON SUBSTANTIVE CHANGES, REVISIONS, AND EDITS

For each product that involves us drafting documents for you (the Client), the quoted price includes the initial draft, plus two substantive changes, revisions, or edits.  The term "substantive change, revision, or edit" means changing a material term, provision, or designation in your document that is different from the original information or selection you provided us in your questionnaire or initial interview.  The following are examples of substantive changes, revisions, or edits:

 

  • Changing the percentages that someone inherits (i.e., from 50% to 70%).

  • Changing who inherits.

  • Disinheriting someone.

  • Adding a new or alternate designated person or representative (i.e., a new agent for healthcare).

  • Adding new specific bequests or gifts.

  • Adding new provisions (i.e., funeral instructions).

  • Changing terms for a trust or adding additional terms to a trust.

The following are examples of changes that are not considered substantive changes, revisions, or edits:

  • Correcting the spelling of a name.

  • Adding a phone number that was not provided previously.

  • Correcting typographical errors.

Notwithstanding the above, if you approve the drafts, and we schedule the signing of your documents, and you notify us of required changes, corrections, or edits of any type (including typographical errors that may be our fault) on the same day of the execution or during the execution, we reserve the right to cancel the signing and reschedule it.

REVIEWING AND UPDATING YOUR PERSONAL INFORMATION, ACCURACY OF THE QUESTIONNAIRE, & DISCLAIMER OF ESTATE TAX PLANNING

You are required to keep your personal contact information current at all times while we are representing your or performing any service for you. After you have purchased a product, document, or service on the Site  you should provide updates to your personal information (address, phone, and current email) to us if such information changes. You may submit such information to the following:  Lee Roberts - lee@lpfirm.com, with a copy to Joel S.  Pace - joel@lpfirm.com

You (the Client) is solely responsible for the content and accuracy of the information provided to us on the provided Client Questionnaires or through any other means, and the Client assumes the responsibility for any errors or omissions contained on the Client Questionnaire. 

DisclaimerWith respect to the estate planning services provided by us, the Attorneys, are premised upon the client's representation that the value of their estate does not exceed Five Million Dollars ($5,000,000) net. The client acknowledges that they are not seeking, and we are not providing, any advice or services relating to estate tax avoidance or any form of tax planning. Clients seeking advice or services in these areas should consult with a qualified tax professional and should NOT purchase an estate planning package from the Site, as these services are not intended for high net worth individuals. 

CONTACT INFORMATION

Any information you convey to us via the Internet or the Site may not be secure. If you send sensitive or confidential email messages that are not encrypted, you accept the risks of such uncertainty and potential absence of confidentiality over the Internet or the Site. It is your responsibility to ensure the security of your personal information provided to us through the internet, the Site (www.curbsideattorney.com), or by email. 

NO GUARANTEE OF OUTCOME OR RESULT

As with any legal service, we cannot guarantee any legal outcome.

We, the Attorneys, provide all legal services and documents "as is" and disclaim all warranties, whether express, implied, or statutory, including but not limited to any warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade. We make no warranty, and expressly disclaim any obligation, that the legal services or documents provided will meet your requirements, will be available on an uninterrupted or priority basis, will be provide in a specific time frame, that all of your information is 100% secure, or that all work will be 100% error-free. We do not guarantee, and no language in any document or communication from us should be interpreted as promising or guaranteeing, any specific outcome from our legal services. Your use of our services and reliance on any documents provided is at your own risk.

No website or other materials published or linked on this Site should be construed as a guarantee of any particular outcome or result.

CLIENT FUNDS AND REFUNDS

All requested services require the upfront payment of the fixed fee stated on the Site before we will begin work. After your payment of the agreed-upon price is confirmed through our credit card processor or other payment systems, your will receive the product, document, or service purchased. The time frame for providing the product, document, or service is determined solely by us and may be affected by our existing workload, existing client demands, holidays, illness, and other time commitments or demands. Unless otherwise stated in writing, Attorneys makes no representations or warranties whatsoever on a specific time period for preparing any product, document, or service.  
 
Refunds, Transfers, and Reactivation Fees: To be eligible for a refund, you must first email us within 2 days of placing your order at joel@lpfirm.com to alert us of your desire to cancel your purchase. After 48 hours, the purchase is non-refundable, except in our sole discretion. However, purchases of estate planning packages and documents (i.e., a will, power or attorney, estate planning package) are transferable to other persons in the Austin area for 6 months after purchase. If you want to transfer a purchase, you must notify us in writing at joel@lpfirm.com and provide the transferee's name, email, and contact information. Transferred purchases are subject to these same Terms & Conditions stated herein. If you fail to complete the required steps (i.e., complete the questionnaire or provide other required information) for us to complete our work within 60 days (for document drafting and legal review and analysis products) or 120 days (for other legal proceedings), we reserve the right to require an additional reactivation fee of $200 to complete your work. 

TECHNOLOGY – SECURITY & COMMUNICATIONS SECURITY

We primarily communicate with you through the Site or by email. Communications through the Site are conducted over Secure HTTP, which provides you with the highest industry standard protection available on the web. Email communications are less secure. 

Client Responsibility for Secure Communication: The Client acknowledges and agrees that they are solely responsible for maintaining the security of their email and other modes of electronic communication with us, the Attorneys. This includes, but is not limited to, regularly updating and strengthening passwords and employing adequate security measures such as encryption and two-factor authentication. The Client understands that they bear the risk of any unauthorized access to their communications with us. We, the Attorneys, are not responsible for any harm or loss resulting from the Client's failure to maintain secure communications.

All payments are processed by Attorney’s payment processors (either Pay Pal or Wix (www.wix.com) credit card processing), which are Cardholder Information Security Program (CISP) compliant credit card processors, and no credit card or payment account numbers are stored on our servers.

DISCLOSURES

The State Bar requires that we provide the following information:

The State Bar of Texas investigates and prosecutes misconduct committed by attorneys.  Although not every complaint or dispute with a lawyer involves professional misconduct, the State Bar Office of the General Counsel will provide you with information about how to file a complaint.  For more information, please call 1-800-932-1900.

CONFIDENTIALITY – SECURITY – RETAINING OF RECORDS

Levatino Pace PLLC is licensed to practice law in the State of Texas. In compliance with the professional rules and restrictions of the Texas State Bar, and the Texas Bar Association, and for reasons of personal integrity, this practice is bound by stringent professional standards of confidentiality.  Any information received by us from our clients is held in the strictest confidence and will not be released to anyone outside this practice unless agreed to by you, or as required under applicable law.

All our records are securely retained in electronic files, along with secure backups, for the period of years required under Texas law.

COPYRIGHT

Joel S. Pace claims copyright protection on all content provided on the Site and all documents contained thereon, or created thereby, including the Questionnaire, all documents, all legal writings (pleadings, briefs, motions, letters, correspondence, etc.). The content from the Site may not be reproduced, copied, and/or redistributed in any form without the express prior written permission of Joel S. Pace.  Furthermore, the content from this Site cannot be modified, nor can it be used for any other purpose, including any other commercial purpose.  Each document posted on this Site shall contain the following copyright notice: © 2020-2024 Joel S. Pace and/or Levatino Pace PLLC. All rights reserved.

LINKS AND EMAIL ADDRESSES

Links posted on this Site to other websites are provided only as a convenience to our clients. We assume no responsibility for the content, security, or reliability of any websites to which we have posted links.

Spamming, the unsolicited broadcast of email addresses or links on this Site, is prohibited and unauthorized.

WEB TRACKING – COOKIES, INFORMATION COLLECTION AND PRIVACY POLICY

To view the articles and public documents on this site, you do not need to reveal any personal information. This site will present your browser with the option of accepting JavaScript and cookies in order to lay out the web page correctly and to store customized settings for your next visit. These features may be disabled by your browser, however, this will limit the look and functionality of the Site. All page requests are logged in order to properly maintain the service and security of this Site.

LIMITATION OF LIABILITY – NO WARRANTIES

 

We, Attorneys (i.e., Joel S. Pace and Levatino Pace PLLC) assumes no liability for any errors or omissions in the content of this Site. We will not be responsible under any legal theory for damages, including direct, indirect, incidental, consequential or special, arising as a result of your use of this Site.  Our liability is expressly limited to the fee received from you.

All warranties, express or implied, are disclaimed. The general information provided on this Site is provided without warranty of any kind, express or implied. We, the Attorneys, provide all legal services and documents "as is" and disclaim all warranties, whether express, implied, or statutory, including but not limited to any warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade. We make no warranty, and expressly disclaim any obligation, that the legal services or documents provided will meet your requirements, will be available on an uninterrupted or priority basis, will be provide in a specific time frame, that all of your information is 100% secure, or that all work will be 100% error-free. We do not guarantee, and no language in any document or communication from us should be interpreted as promising or guaranteeing, any specific outcome from our legal services. Your use of our services and reliance on any documents provided is at your own risk.

 

We reserve the right to change, modify, add, and delete the content on this Site at any time and for any reason.

As stated above, this Site pertains to the practice of Texas law only. Therefore, the content of this Site is not applicable in any state other than Texas. The parties expressly agree that no oral or other representation has been made as to additional warranties or services.

DISPUTE RESOLUTION - BINDING ARBITRATION: TEXAS LAW APPLIES

We strive to resolve all disputes amicably and expeditiously. If a dispute arises, we encourage you to bring it to our attention. We will try to resolve the dispute through informal discussions and negotiations.

Mediation. However, if we are unable to reach a resolution in good faith, we will first seek to resolve the issue through mediation. The parties agree to engage in good faith mediation with a qualified mediator based in Austin, Travis County, Texas, prior to resorting to arbitration. Each party shall be responsible for one-half of any mediator's fee. Mediation is an express condition precedent to arbitration. 

Arbitration. If mediation does not resolve the dispute, then any controversy or claim arising out of or relating to your use of the Site, the purchase of any service, product, or document, the provision of legal services by us, or our representation of you shall be finally resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA). We both agree that the scope of arbitrability shall be broad and shall be presumed to include any and all disputes between us (Attorneys and Client). The arbitrator shall decide all issues of arbitrability. If we both agree, the arbitration may be privately administered outside of AAA by the mutually agreed arbitrator. The dispute shall be decided by a single arbitrator. We shall first attempt to agree on an arbitrator. If we cannot agree, then either the Travis County District Courts or AAA shall appoint a qualified arbitrator who is a licensed Texas attorney that has practiced for at least 15 years or is a retired state district court judge. The arbitration shall be conducted in Austin, Travis County, Texas, and governed by the substantive laws of the State of Texas. We each will pay our own attorney's fees incurred in connection with any mediation or arbitration proceedings and the arbitrator shall be prohibited from awarding either of us our attorney's fees as part of an award, except as provided below where a party files suit in contravention of this arbitration requirement or violates the non-disparagement provision. We shall each be responsible for one-half of the arbitration fees (both administrative and arbitrator compensation). To the extent possible, the arbitration shall be conducted by submission unless the arbitrator finds that an in-person hearing is required for the full and fair presentation of the merits of the dispute. We agree that any award or judgment rendered by the arbitrator shall be final and non-appealable, except in cases where the arbitrator has an undisclosed conflict of interest or bias. Any appeal must be filed within 30 days of the date of the award. We also agree that a final arbitration award may be confirmed by the District Courts of Travis County, Texas. 

 

Waiver of Jury Trial. By requesting legal services on this Site, you knowingly and voluntarily waive your right to go to court to resolve any dispute related to this agreement, the Site, our services, or our representation of you. 

Enforcement of Mediation and Arbitration Provision: If a party initiates a lawsuit in violation of the mediation and arbitration provisions of this agreement, the responding party shall be entitled to recover all of their attorney's fees and costs associated with responding to the suit, filing a motion to abate the suit, and compelling mediation or arbitration. The parties agree that the cost of such enforcement shall either be Five Thousand Dollars ($5,000) or the actual costs incurred, whichever is greater. Any award or judgment entered in such a suit shall include these agreed-upon costs, which shall be an express exception to the limitation on the arbitrator awarding attorney's fees to either party.

Confidentiality: All mediation and arbitration proceedings shall be confidential. We both agree not to disclose to any other party, person, or entity (other than to Attorneys, Client, their counsel, experts, or the mediator or arbitrator) any information about the facts of the dispute, the evidence presented, or the terms of any resolution, unless required by law or necessary to enforce the agreement. 

Non-Disparagement: We both agree that, in order to encourage de-escalation of the dispute and promote the likelihood of settlement, we (Attorney and Client) will not make any public or private disparaging, defamatory, or derogatory statements about the other party, the dispute, the mediation, or the arbitration. This includes statements made in any form, including but not limited to online forums, the internet, review sites, social media platforms, or any other medium. This provision is intended to maintain the parties' reputations and facilitate effective dispute resolution, and any breach of this provision may be considered in any award or settlement. If a party establishes that the other party violated this provision, the arbitrator is specifically authorized to award attorney's fees to the party that did not violate this non-disparagement provision, which is an express exception to the prohibition on awarding attorney's fees as part of an award.

 

NOTICE: The Terms & Conditions of Use for the Site contains provisions requiring mediation and arbitration of disputes. Before using the Site or purchasing any service, document, or legal service, you should consider consulting with another lawyer about the advisability of making an agreement with mandatory mediation and arbitration requirements. Mediation and arbitration are ways to resolve disputes without the use of the court system. By entering into agreements that require mediation and arbitration as the sole methods for dispute resolution, you give up (waive) your right to go to court to resolve those disputes by a judge or jury. These are important rights that should not be given up without careful consideration.

ASSIGNMENT

This agreement grants specific rights and obligations to you, which you may not transfer or assign to any other individual or entity, without our specific written permission. However, the Attorneys retain the authority to manage and delegate the performance of any legal work or tasks associated with the services, documents, or legal work purchased through the Site.  This right includes, but is not limited to, the absolute discretion to make staffing decisions and to assign the creation or implementation of any legal work purchased through our Site to another licensed attorney, a skilled paralegal, or a proficient legal assistant.

FORCE MAJEURE

 

Our obligations under this agreement are subject to the occurrence of events beyond our reasonable control ('Force Majeure Events').

 

Force Majeure Events include, but are not limited to: acts of God; extreme weather conditions; natural disasters; war or the threat of war; terrorism or threats of terrorism; civil unrest; unauthorised strikes, labour disputes, or stoppages; equipment failures; internet disruptions; changes in legal or regulatory frameworks; actions taken by civil, military, or regulatory authorities; power outages or other communication disruptions; government actions or orders; epidemics, pandemics or outbreaks of communicable diseases, including but not limited to COVID-19 and H1N1, and the associated quarantines, national or regional emergencies, and governmental advisories, or other similar events or conditions; recognised health threats as identified by the World Health Organization, the Centers for Disease Control, or local government authority or health agencies; restrictions on transportation; personal illnesses; scheduled holidays; or any other cause, similar or dissimilar to the foregoing, beyond our reasonable control. 

We will not be considered in breach of this agreement or liable for any delays or failure in performance resulting from such Force Majeure Events. Delays in drafting or executing any documents caused by Force Majeure Events will not entitle the Client to a refund.

IRS CIRCULAR 230 DISCLOSURE

In compliance with the requirements of the IRS pertaining to the publication of Circular 230, we inform you that any advice contained on this Site or in any communication originating from this Site or this law practice that is related to U.S. federal tax advice is not intended or created to be used, and cannot be used, for the purpose of 1) either avoiding penalties under the Internal Revenue Code or 2) promoting, marketing or recommending to another party any transaction or matter that is contained on this Site or in any communication originating from this law practice.

DISCLAIMER

The information contained in this Site contains general information. It is provided for informational purposes only and may not reflect current legal developments, verdicts, or settlements. Legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing. Therefore, the information contained on this Site should not be construed as legal advice on any subject matter and should not be used as a substitute for the advice of competent legal counsel.

No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. We (Attorneys, Levatino Pace PLLC and Joel S. Pace) expressly disclaim all liability with respect to actions taken or not taken based on any or all the contents of this Site.

NO WARRANTY OR LIABILITY

Some links within the Site may lead to other websites, including those operated and maintained by third parties. Attorneys include these links solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents.

This Site and its contents are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

COMMENTS

Certain parts of this Site may offer the opportunity for users to post comments. Comments are moderated before posting, and best efforts will be made to post appropriate comments as soon as practical. We strive to respond to as many relevant questions and comments as possible but reserve the right to use our judgment in selecting the comments to which we respond. Additionally, we reserve the right to delete off-topic, out-of-context, spam, or promotional postings. All posts become the property of Attorneys and may be used for any purpose.

We encourage you to post a comment if you would like to add your perspective to a blog post, share an experience, or have a general legal question about the topic the blog post addresses that may benefit other readers. However, please do not post fact-specific legal questions for which you require tailored legal advice. If you require specific legal advice, please contact me to request legal services. Consultations and tailored legal advice will be billed at standard hourly rate.

Additionally, please do not post comments that do not add to the conversation and are posted simply as a means of promoting your business. Such comments will be deleted.

SEVERANCE

In the event that one or more of the provisions of this agreement shall be found unenforceable, illegal or invalid, it shall not affect any other provisions of this agreement, and this agreement shall be construed as if the provision found to be unenforceable, illegal or invalid had never been contained in the agreement, or the unenforceable, illegal or invalid provision shall be construed, amended and/or reformed to be made enforceable, legal and valid.

MODIFICATION OF TERMS AND CONDITIONS

We reserve the right to modify or change these Terms and Conditions at any time. Therefore you should visit this page from time to time to review these Terms and Conditions.  Using this Site or contacting Joel S. Pace  or Levatino Pace PLLC by phone, email or other electronic communications constitutes your agreement to comply with such revisions.

COMPLETE UNDERSTANDING

These Terms & Conditions of Use supersede any prior or contemporaneous communications, representations or agreements between us (Attorneys, Levatino Pace PLLC and/or Joel S. Pace) and you (the Client) and constitutes the complete and final agreement between the parties relating to this agreement, the Site, or any services provided by us (Attorneys, Levatino Pace PLLC, and Joel S. Pace).

Last updated: January 7, 2024.

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