OUR TERMS & CONDITIONS
Terms and Conditions
The Terms and Conditions of use (“The Agreement”) are provided by Levatino Pace PLLC and/or Joel S. Pace, d/b/a “Curbside Attorney” and/or “www.curdsideattorney.com”, a web-based Texas law practice managed by attorney Joel S. Pace. By using this website, and/or creating a client account by purchasing any document, product, or service through www.curbsideattorney.com (the “Site”), you agree without modification to these Terms and Conditions and acknowledge reading them.
LIMITATION OF SERVICES
While authorities in some jurisdictions may deem this website and this law practice to be an advertisement for legal services in their jurisdiction, our website should not be construed as a solicitation for legal services related to any other state’s law. Joel S. Pace and the attorneys of Levatino Pace PLLC are only licensed to practice law in Texas, and the Site and legal practice offer services related only to Texas law.
Joel S. Pace and Levatino Pace PLLC do not wish to represent anyone desiring representation based upon viewing this website in a state where this website fails to comply with all laws and ethical rules of that state.
CONTACT BEFORE ATTORNEY-CLIENT RELATIONSHIP IS ESTABLISHED
Transmission of information from contact forms on this website and/or any communication with us via Internet e-mail or forum post 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 Joel S. Pace and/or Levatino Pace PLLC 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 produce, document, or service from the website. However, even after payment, Joel S. Pace and/or Levatino Pace PLLC (collective “Attorneys”) may decline to represent you for any reason, including but not limited to, if a possible conflict of interest is discovered, if he believes your legal needs cannot be addressed in an online setting, or your situation is not suited to this basic estate planning.
If Joel S. Pace determines during his communication with you that your specific legal matter requires the engagement of a estate planning specialist, then he will promptly refer you to a full-service firm in your area or refer you to the Texas Bar Association’s Lawyer Referral Service.
NATURE OF UNBUNDLED LEGAL SERVICES
This law firm is not a pre-paid legal service. Rather, it is a web-based legal practice where you are charged a one-time fee for limited legal services related to Texas law.
Levatino Pace PLLC provides unbundled legal services. This means that the legal services provided by us only extend to those services which you have requested, purchased, and we have provided. After you have purchased a service and we have agreed to provide it and have completed the work, you cannot expect us to perform in any additional capacity.
For example, if we assist you in creating Estate Administration documents, it is not our responsibility to ensure that the 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.
By purchasing our services, you agree that 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 retention agreement with our firm for that specific legal proceeding. By providing you with limited legal services, Attorneys have not agreed to attend a hearing or trial on your behalf or provide any legal service extending beyond those services which you have purchased and he has agreed to provide. After performing the services purchased by you, Attorneys have no further obligation to you, unless you contact us and enter into a formal retention agreement for such additional services.
The services purchased on the Site entail a limited engagement to draft the documents purchased or provided 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 Client and Attorney.
SCOPE OF SERVICES
The scope of legal services which Attorneys will perform for you will be expressly limited to the produces, documents, or services that you purchase via the www.curbsideattorney.com website store. Such services will not include any services that (1) are not specifically listed in the product description on the website for the produce or service purchased and (2) have been expressly excluded or are otherwise outside the scope of the written agreement.
If services outside the scope of the written agreement are required, the client is 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 Attorney pay any court costs associated with your case which may be required as part of a lawsuit, filing fees, or service of process fees.
REVIEWING AND UPDATING YOUR PERSONAL CONTENT & ACCURACY OF QUESTIONNAIRE
Joel S. Pace requests that you keep your personal contact information current. After you have purchased a produce, document, or service on our website, you may enter your personal information page at any time to review and update your personal information.
The Client is solely responsible for the content and accuracy of the information provided to Attorneys on the provided Client Questionnaire and the Client assumes the responsibility for any errors or omissions contained on the Client Questionnaire.
Any information you convey to us via the Internet 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. It is the client’s responsibility to ensure the security of their personal information provided to Attorneys, Joel S. Pace, and/or through the Site (www.curbsideattorney.com).
NO GUARANTEE OF OUTCOME OR RESULT
As with any legal service, we cannot guarantee any legal outcome. No website or other materials published or linked on this website should be construed as a guarantee of any particular outcome or result.
CLIENT FUNDS & REFUNDS
All requested services require the upfront payment of the fixed fee stated on the Site before Attorneys will begin work. After the client’s payment of the agreed-upon price is confirmed through Attorneys’ credit card processor or other payment systems, the client will receive the produce, document, or service purchased. The time frame for providing the produce, document, or service is determined solely by Attorneys and may be affected by Attorneys' workload and other time commitments. Unless otherwise stated in writing, Attorney 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 firstname.lastname@example.org to alert us of your desire to cancel your purchase. After 48 hours, the purchase is non-refundable. However, purchases are transferable to other persons in the Austin area. If you want to transfer a purchase, you must notify us in writing at email@example.com and provide the transferee's name, email, and contact information. Transferred purchases are subject to the 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, we reserve the right to require an additional reactivation fee of $200 to complete your work.
TECHNOLOGY – SECURITY
Primary communications are done through this Site over Secure HTTP, which provides you with the highest industry standard protection available on the web. 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.
The State Bar requires that attorneys 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.
Joel S. Pace claims copyright protection on all content provided in the Site and all documents contained thereon, or created thereby, including the Questionnaire. 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 commercial purposes. Each document posted at this website shall contain the following copyright notice: © 2020 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 broadcasts of email addresses or links in this website, is prohibited and unauthorized.
LIMITATION OF LIABILITY – NO WARRANTIES
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 website. Levatino Pace PLLC and Joel S. Pace's liability is expressly limited to the fee received from the Client.
All warranties, express or implied, are disclaimed. The general information provided on this website is provided without warranty of any kind, express or implied. Joel S. Pace reserves the right to change, modify, add, and delete the content on this website.
As stated above, this website pertains to the practice of Texas law only. Therefore, the content of this website 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.
ARBITRATION: TEXAS LAW APPLIES
In the event we cannot, in good faith, arrive at a resolution of any dispute, then any controversy or claim arising out of or relating to this agreement or your representation by Levatino Pace PLLC shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The locale of the arbitration shall be Austin, Travis County, Texas. This agreement shall be governed by the laws of the State of Texas. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings. Each person who requests legal services on this website is deemed to have knowingly and voluntarily waived any right to go to court to resolve any case or controversy related to this agreement, the Site, Joel S. Pace’ website or any services provided by him.
NOTICE: This agreement contains provisions requiring arbitration of disputes. Before agreeing to these provisions you should consider consulting with another lawyer about the advisability of making an agreement with mandatory arbitration requirements. Arbitration proceedings are ways to resolve disputes without the use of the court system. By entering into agreements that require arbitration as the sole way to resolve disputes, 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.
The rights and obligations created for you under this agreement may not be assigned to any other party. However, Attorney shall have the right to delegate the drafting and/or execution of any document purchased through the website store to another licensed attorney, experienced paralegal, or experiences legal assistant.
Attorney will not be deemed to be in breach of this agreement for any delay or failure in performance caused by reasons out of its reasonable control, including, but not limited to, acts of God, fire, flood, natural disaster, war or threat of war, acts or threats of terrorism, civil disorder, unauthorized strikes, labor disputes or stoppages, natural calamities; failure of a third party to perform; changes in the laws or regulations; actions of any civil, military or regulatory authority; power outage or other disruptions of communication methods, government acts or orders; epidemics, pandemics or outbreak of communicable disease; quarantines; national or regional emergencies, governmental regulation or advisory, recognized health threats as determined by the World Health Organization, the Centers for Disease Control, or local government authority or health agencies (including but not limited to the health threats of COVID-19, H1N1, or similar infectious diseases), curtailment of transportation facilities, or any other cause, whether similar in kind to the foregoing or otherwise, beyond the Attorney's reasonable control (collectively the "force majeure conditions"). Moreover, delays in drafting or executing any documents that are affected, delayed, or prevented by any force majeure conditions shall not entitle Client to a refund of any amount unless the force majeure condition absolutely prevents Attorney from drafting Client's documents and providing the final drafts to the Client.
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 website or in any communication originating from this website or this law practice which 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 website or in any communication originating from this law practice.
The information contained in this website 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 website 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. Attorneys, Levatino Pace PLLC and Joel S. Pace, expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this website.
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.
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 my 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.
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
Attorneys reserve the right to revise these Terms and Conditions at any time by updating this posting; therefore you should visit this page from time to time to review these Terms and Conditions. Using this website or contacting Joel S. Pace by phone, email or other electronic communications constitutes your agreement to comply with such revisions.
This agreement supersedes any prior or contemporaneous communications, representations or agreements between Attorneys (Levatino Pace PLLC and/or Joel S. Pace) and the client and constitutes the complete and final agreement between the parties relating to this agreement, the Site, or any services provided by Joel S. Pace.
Last updated: February 2, 2021