User Terms and Conditions for www.avenidalegal.com

AVENIDA LEGAL, LLC, a Florida limited liability company doing business as AVENIDA LEGAL (hereinafter, “Avenida Legal”, or the “Company”), and its website, www.avenidalegal.com (hereinafter referred to as, the “Site”), provides its products to you subject to the following conditions. Please read these Terms and Conditions (the “Terms”) carefully before accessing or using the Site. By accessing, registering for or using the Site, or purchasing products through the Site, you agree to be bound by these Terms and Conditions, which are as follows:

Where appropriate, Avenida Legal is referred to below as “we,” “us,” “our,” or “Company.” The term “you” refers to the user, subscriber or viewer of our Site.

PERMISSIBLE USE OF SITE

You agree that:

(a) Your use of the Avenida Legal Site is subject to and governed by these terms and conditions;

(b) Only persons at least 18 years of age may access or use the Site or transact business with the Site;

(c) You will comply with and be bound by these terms and conditions in their then-current form as they appear on the Site each time you access and use the Avenida Legal Site;

(d) Each visit to the Avenida Legal Site by you indicates and confirms your assent and agreement to be bound by our terms and conditions; and

(e) These terms and conditions are a legally binding and enforceable agreement between yourself and Avenida Legal.

You agree not to use or attempt to use the Avenida Legal Site for any purpose that:

(a) is in any way unauthorized, unlawful or prohibited, or that is harmful or destructive to Avenida Legal or any third party;

(b) transmits any advertisements, solicitations, schemes, spam, flooding, unsolicited e-mail, or other unsolicited commercial communications;

(d) interferes with Avenida Legal’s Site and its network services;

(e) attempts to gain unauthorized access to Avenida Legal’s network services or proprietary information;

(f) impairs or limits our ability to operate the Site or any other person’s ability to access and use the Site;

(g) uses any methods, means, or devices to access the Site or cause access to the Site for purposes of manipulating the results of any Internet search engine, or for any other purpose other than conducting business with Avenida Legal;

(h) unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;

(i) harms minors in any way, including, but not limited to, uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;

(j) uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;

(k) harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities;

(l) dilutes or depreciates the name and reputation of Avenida Legal or any of its officers, agents, representatives or affiliates;

(m) uploads any content or images that infringes any third party’s intellectual property rights or infringes any third party’s right of privacy; and/or

(n) unlawfully uploads any confidential, proprietary or trade secret information.

We reserve the right to establish general practices and limits concerning use of the Site, including without limitation restrictions relating to services requested, the maximum number of days that messages, postings or other uploaded Content will be retained by the Site, the number of times you can edit a product request, the maximum size of any message that may be sent from or received by an account on the Site, the type and quantity of transactional data stored and presented in connection with your account, and the maximum disk space that will be allotted on the Site’s servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted on the Site.

REVOCATION OF USER RIGHTS

We reserve the right at all times, in our sole and absolute discretion and without notice to you, to deny your access to and use of the Site. You may not use the Site to transmit unsolicited e-mail to this Site or to anyone whose e-mail address is included under the domain name of www.avenidalegal.com. Violation of these Terms and Conditions may result in a variety of actions, including cancellation of your order, limits on account privileges, and forfeiture of fees paid to us.

You agree and acknowledge that it is your sole responsibility and liability, to provide, obtain and maintain all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary to access and use the Site.

REGISTRATION

In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the «Registration Data») and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You may cancel your account at any time through selecting the appropriate option on your account page – please be aware that, if your account is cancelled, Avenida Legal may not be able to restore your account information and history, including order history, order tracking, notices, deals, or other information.

BILLING

Before ordering via the Site, all users must register through the Site. The Site is intended to offer users access to legal services related to immigration, intellectual property and business formation in the United States. There is currently no fee for registering as a user of the Site, although there are fees for specific services selected. We maintain the right to add a membership plan or modify the terms of the existing registration process at any time. Additionally, we maintain the right to charge or change any membership fee, the prices of individual products and services, or products and services packages, or to charge any additional fees related to any package or plan.

Billing

By ordering items through the Site, you are expressly agreeing that we are authorized to charge you a fee for any pre-set package or individual services or products which you may select, as well as any associated service fees which may apply. You agree that we are authorized to charge you for any product order or service fee at the then-current rate to a Payment Method you provide either during registration or upon placing a specific order (or to a different Payment Method you specify if you change your account information or select an alternative Payment Method at the time of transaction). Please note that prices and charges are subject to change with notice prior to placing your order. Further, while some legal products and services may have a set price, other services or products may be priced on a custom basis depending on your specifications and needs, or may be billed on an hourly basis, in the event of any custom pricing or hourly billing applies Avenida Legal will inform you of such pricing basis prior to entering the transaction. As used in these Terms and Conditions, «billing» shall indicate either a charge or debit, as applicable, against your Payment Method. Product or service purchase fees will be billed at the time of purchase, and if billing occurs on an hourly basis it shall be billed per day depending on the number of applicable hours. You will be able to view billing information and order history via your Avenida Legal account, accessible through the Site. All fees and charges are charged up front at the time of ordering, and are fully earned upon receipt of your order.

***The user acknowledges that all purchase orders made through the Site are FINAL, and that all payments are non-refundable, and that there shall be no exception under any circumstances whatsoever. In the case that the products or services are billable per hour, the user will be responsible for compensating Avenida Legal for every work hour prior to cancellation, even if delivery of the product or service is incomplete..

We may change the fees and charges in effect, or add new fees and charges from time to time. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information from your Account Management page. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, «Cancellation» below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

Ongoing Registration

Your registration will continue in effect unless and until you cancel your registration or we terminate it. We will bill any charges or service fees at the then-current rate plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). All fees are fully earned upon payment.

Virtual Office and Annual Company Renewal Subscription.

If you opt for a virtual office or annual company renewal subscription, we will bill your Payment Method each month or year (as applicable) on the date in which you registered for such subscription or in the case of annual company renewal, at any time before the deadline. By way of example, if you registered on the 7^th day of the month we will bill you each month on the 7^th. If you registered on a date that does not appear the following month, we will bill you on the prior available date. For example, if you registered on the 31^st day of a month, and the subsequent month does not have 31 days, we will bill you on the 30^th for such month. If your Payment Method does not work and we are unable to charge you for the monthly subscription, we will not renew the service. You may cancel your subscription at any time with 15 days’ prior notice to us. If you wish to cancel your subscription, please send an email to info@avenidalegal.com.

Cancellation

There are no cancellations once an order has been placed, as we begin working on your matter as soon as we receive payment. There are no refunds once we have started the work

USER SUBMITTED CONTENT

You are entirely responsible for all publicly accessible Content that you upload, promote, sell, transfer, or otherwise convey or transmit via the Site. You expressly acknowledge and agree that your submission of Content for use by the Site (if posted on a public forum), if accepted by us in our sole discretion, will be accessible to the public, and that there is no confidentiality or privacy with respect to your Content, including any personally identifying information that you may make available relating thereto. We will maintain information provided to us outside of a public forum (such as placing orders and registration to the Site) private in compliance with our Privacy Policy.

We do not pre-screen Content, but reserve the right in our sole discretion to remove any Content that is made publicly available by you via the Site. We reserve the right to remove any Content for any reason, including without limitation, Content that reasonably appears to violate our Terms and Conditions or is otherwise objectionable.

By uploading Content to our Site, you agree:

(i) All information submitted to the Site will be genuine and authentic, and any indicated origin, source, creator, manufacturer, and/or provenance will be true and accurate;

(ii) That you own or have the necessary licenses, rights, consents and permissions («Rights») to your Content and any other works that you incorporate into your Content, and you authorize and license us to use your Content in the manner contemplated in these Terms and Conditions; and

(iii) That you will provide true, accurate, current and complete information, and to make any and all disclosures required under applicable law.

ORDERS

By submitting a product or service order via the Site, you agree to pay our fees as provided to you on our Site. We reserve the right to reject your order for any reason. The placement of a product or service order through the Site does not constitute a binding agreement for us to provide products or services until accepted by us. You agree that we may communicate with you via Text Message, email, or by phone about your order. All such actions should be conducted pursuant to local state, federal or county laws.

DELIVERY

By clicking on the ‘Place Order’ button at the end of the order process, you are consenting to be bound by our terms and conditions contained in these Terms and Conditions, and any other terms appearing anywhere on our Site. Submitting your order is subject to our acceptance. We will not consider ourselves bound by a contract with you until you receive our confirmation email. We will send an email confirmation of your order details to advise that we are processing your order via the email address you provide, as well as provide an estimated delivery time. To avoid problems or delays with any physical or electronic delivery, please ensure that you have included your complete address, including accurate zip code, telephone number, and e-mail address so that we can notify you in the event that any delivery problems are encountered. Complaints as to missing or incorrect items must be made within 48 hours from delivery. Please check your order carefully, as there will be no credits, refunds, or exchanges for any reason.

Please note that by law, Avenida Legal is unable to guarantee the results of any service requested, including the successful registration of a trademark or the successful approval of a visa application. We strive to submit thorough and completed applications, but ultimately the final decision for approval rests with the US government and the applicable federal agency in charge of reviewing your matter.

INTELLECTUAL PROPERTY RIGHTS

The marks appearing on the Site, including, but not limited to, Avenida Legal’s respective logos, emblems, slogans, trade dress and designs are trademarks and/or service marks, including the name Avenida Legal, of Avenida Legal (the “Marks”). You agree not to use or otherwise appropriate any of Avenida Legal’s Marks appearing on or in association with Avenida Legal, Avenida Legal or any affiliated site. You will further indemnify us against any loss or damage accruing to it as a result of your unauthorized use of the Avenida Legal and Avenida Legal Marks, including the payment of any attorney’s fees.

Any third-party trademarks and/or service marks appearing on the Site are the property of their respective owners and may not be used without the express permission of those respective owners. You agree not to use or otherwise appropriate any third-party trademarks or service marks appearing on or in association with Avenida Legal or the Site, and you assume any and all liability associated with any unauthorized use. You will further indemnify us against any loss or damage accruing to it as a result of any unauthorized use, including the payment of any attorney’s fees.

You further acknowledge and agree that:

(a) all Marks, source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, the “look and feel”, and the operation of the Avenida Legal Site (the “Site Content”) are protected by various intellectual property laws in the United States and abroad, including, but not limited to, copyright law, trademark law, and common law principles of trade secret and trade dress; and

(b) all rights associated with the Site Content are owned by Avenida Legal, its licensors, or third-party content providers. Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Site Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any webpage, or alter the appearance of any Site Content.

You may not use the Site Content, domain names (in whole or in part), or e-mail addresses related to or derived from the Site, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from the Site, for any purpose; meaning that you may not, among other prohibited uses, use any Site Content, domain names, e-mail addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from the Site or Avenida Legal:

(a) in or as any meta-tag or hidden text;

(b) in or as part of any contextual marketing directory, index, or triggering term;

(c) as content or advertising related to any other website including, but not limited to, critical, comparative, or informational websites; and/or

as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as the Site or controls the content of any other Internet browser window.

DIGITAL MILLENNIUM COPYRIGHT ACT

We are committed to protecting copyrights and expects you to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on t the Avenida Legal Site infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on the Avenida Legal Site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/) for details. DMCA notices and counter-notices should be sent to the following address:

AVENIDA LEGAL, LLC

DMCA Compliance
12550 Biscayne Blvd Ste 110

Miami, FL 33181

LIMITATION OF LIABILITY

You acknowledge and agree that we are not responsible for the acts or omissions of its unaffiliated third party service providers or venues and shall bear no responsibility (financial or otherwise) as a result of any action or inaction on the part of any third party or venue with respect to your contact information, and/or any Product or Service you offer or otherwise.

In the event that you have a problem or issue with a third party service provider or incur damage as a result of third party action or inaction for any reason, we are not responsible in any capacity, nor are we obligated to act on your behalf, or represent you in any manner or capacity, before the third party service provider. In the event that your personal data is misused by any third party, we shall bear no responsibility for such unauthorized dissemination, and shall not be liable in any way for the actions of any third party which may receive your contact information. By agreeing to these Terms, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. By accepting these terms, you agree that your only recourse for the recovery of claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, shall be from the third party service providers directly.

We reserve the right to request supporting information to verify the age of any individual submitting a registration form.

LINKING AND THIRD-PARTY ADVERTISING

Not Responsible For Links to Other Web sites. From time to time this Site may include links to third party websites. These links are provided for your convenience to offer you further information on Products and Services. We have no responsibility for the content of the linked website(s). Unless expressly stated otherwise on this Site, we do not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any third party web sites to which this Site may provide a link or may put you in contact with. By using this Site, you acknowledge and agree that we will not be responsible or liable to you or any other person for any damages or claims that might result from your access and use of such third party content, Product and/or Service, calculation, information, products or materials.

REVISIONS

You agree and acknowledge that we may revise or change these Terms and Conditions at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms and Conditions as they appear on this Site at the time you access this Site. Because these Terms and Conditions may change, we encourage you to frequently review them. In addition, you agree and acknowledge that all other content, products and services, and materials on or available through this Site are subject to updating, cancellation and/or revision without notice to you. We reserve the exclusive right to change pricing, at any time, with 30 days’ prior notice. These Terms and Conditions were last revised on October 24th, 2022.

LOCATION

You understand and acknowledge that Avenida Legal controls and operates this Site from within the United States of America. This Site provides information regarding services and products that are made available only in the United States. We make no representation that the services or products about which information may be provided on this Site will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this Site.

USER IDs AND PASSWORDS

Certain areas or features of this Site may be restricted to users who have obtained a user identification and password by completing a registration process described on this Site. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities (including financial obligations and orders placed) that occur under your account or password. You agree to notify us immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Site by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Site that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.

THE INTERNET AS AN OPEN NETWORK

While certain designated parts of this Site employ technologies to secure your data and the transmissions between you and us, the Internet is an open system and we cannot provide absolute assurances that transmissions cannot be intercepted/decrypted by others.

PRIVACY AND SECURITY

Required Information: We identify what information is required to fulfill your order, and to provide you with additional information from third parties regarding the Products and Services. If you chose not to provide such required information, we may not be able to fulfill your order or provide you with additional information.

Service Providers: In some cases, we employ or use service providers such as consultants, temporary workers and third party software developers, to complete a business process or provide a service on our behalf. When we employ service providers, we may need to share your personally identifiable information. Service providers are strictly prohibited from using your personally identifiable information for purposes other than to act on our behalf.

Privacy Policy: We reserve the right to make changes to our Privacy Policy from time to time. If we plan to make significant changes to any of our privacy policies or practices with respect to how we use personally identifiable information, we’ll post those changes to the Site 30 days before they take effect. Our privacy policy is current as of October 18^th, 2022.

Legal Disclosures: In some instances, we may be required to disclose certain information to comply with a legal process or mandate, such as a court order, subpoena, search warrant, or law enforcement request.

Web Site Usage Data: Our Site tracks usage data, including, for example, IP address, browser type and version, which pages are viewed, which page, if any, linked a visitor to our site, and which link, if any, a visitor follows off of our site. We use this data in the aggregate and on an individual level to better understand web site activity to improve our site offerings, to reconstruct activity from a session or by a user, for troubleshooting and issue resolution purposes. We may also use this data to provide you a more personalized web site experience, assistance with technical support questions, and to send you special offers, product and service updates, or other promotional materials that are relevant and tailored to your interests. If you do not want to receive these offers or promotions, simply indicate your contact preferences during the registration process, within any future communications or by sending an e-mail to us.

COPPA. Our Site is not designed to appeal to children under the age of 18. Therefore, we don’t knowingly attempt to solicit or receive any information from children.

This privacy notice should be read in conjunction with our Privacy Policy. In the event of a discrepancy between this privacy notice and our Privacy Policy, the Privacy Policy shall govern.

INDEMNIFICATION

If you make any unauthorized use of this Site or violate the Terms and Conditions: (a) you may be in violation of the laws of the United States, as well as applicable state laws, and may be subject to penalties, and (b) you may be responsible for damages caused to us and/or our Site. You agree to indemnify us and our affiliates, vendors and licensors, and all of the employees, officers, directors, agents and representatives thereof and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney’s fees and court costs, that arise from or are related to your use of this Site, your registration and/or your breach/violation of or failure to comply with the Terms and Conditions.

DISCLAIMERS

UNLESS OTHERWISE STATED IN WRITING, THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AVENIDA LEGAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS SITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION. AVENIDA LEGAL HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE.

YOU ACKNOWLEDGE AND AGREE THAT AVENIDA LEGAL IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS OR INSUFFICIENCIES THAT MAY EXIST IN THIS SITE OR ITS OPERATION, OR WITH ANY PRODUCT OR SERVICE ORDERED THROUGH THIS SITE, OR WITH THE HANDLING OF YOUR PERSONAL INFORMATION BY THIRD PARTIES. AS TO THE OPERATION OF THIS SITE, Avenida Legal EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AVENIDA LEGAL MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS SITE WILL MEET YOUR OR ANY OTHER USER’S REQUIREMENTS; (B) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS SITE WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT AVENIDA LEGAL, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS SITE.

AVENIDA LEGAL NOT LIABLE

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL AVENIDA LEGAL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE CONTENT, PRODUCTS, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY CONTENT, SERVICES OFFERED BY US OR OTHER THIRD PARTIES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE. YOU AGREE THAT AVENIDA LEGAL SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU HEREBY FORMALLY ASSUME ANY AND ALL RISKS AND LIABILITY FOR THE USE OF THE PRODUCTS, MATERIALS, OR SERVICES ORDERED THROUGH THE SITE, AND YOU HEREBY EXPRESSLY AGREE AND UNDERSTAND THAT AVENIDA LEGAL CANNOT AND DOES NOT GURANTEE THAT THE LEGAL SERVICES AND PRODUCTS OFFERED BY THIS SITE WILL LEAD TO ANY PARTICULAR OUTCOME OR SUCCESS, OR THAT THE SERVICES OR PRODUCTS WILL LEAD TO ANY PARTICULAR RESULT BY ANY GOVERNMENT AGENCY OR THIRD-PARTY ENTITY. YOU FURHTER SPECIFICALLY ACKNOWLDGE AND UNDERSTAND THAT AVENIDAL LEGAL SHALL NOT BE RESPONSIBLE FOR ACHIEVING ANY PARTICULAR RESULT BY ITS SERVICES AND PRODUCTS, AND AVENIDA LEGAL SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGES, OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF THE LEGAL PRODUCTS AND SERVICES TO ACHIEVE ANY PARTICULAR RESULT.

YOU HEREBY FORMALLY WAIVE AND RELEASE AVENIDA LEGAL FOR ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE CONTENT, PRODUCTS, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY CONTENT, SERVICES OFFERED BY US, VENUES OR OTHER THIRD PARTIES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE. YOU AGREE THAT AVENIDA LEGAL SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THERE SHALL BE NO WARRANTY.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL AVENIDA LEGAL’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING OR USING THIS SITE.

COMMUNICATIONS WITH COMPANY

Time Sensitive Instructions: When communicating with us through this Site, instant messenger chat or via e-mail, do not use the Site, instant messenger, chat or e-mail to communicate any time-sensitive instructions. Such instructions may not be received or otherwise honored. All transactions conducted on this Site, instant messenger, chat or via e-mail, must be confirmed in writing by us to be accepted by and binding upon us.

E-Signature: General communications through this Site, instant messenger, chat or via e-mail are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, your assent to a “click to accept” button or box is binding upon you.

Recording & Monitoring of Communications: Your communications with us via the Site, instant messenger, chat, e-mail, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.

Prohibited E-mail Content: All of our employees are prohibited from using e-mail to make or send any type of menacing, defamatory, discriminatory, harassing, offensive or threatening statements/materials, or statement/materials that infringe the copyrights or legal rights of others in e-mail. Such communications are against Company policy and outside the scope of our employee’s employment. The Company does not accept any liability in respect of such communication, and the employee responsible will be personally liable for any damages or other liability arising. Please report any such violations to us. The use of the Company’s e-mail facilities for purposes of sending menacing, harassing, offensive or threatening messages to our employees is strictly prohibited and is unlawful; violators will be prosecuted to the fullest extent of the law.

Negligent Misstatement: The Company disclaims any and all responsibility, including responsibility based on negligence or negligent misstatement, for the accuracy, completeness, or reliability of data or information contained in or furnished through e-mail or furnished by third parties and the Company makes no warranties, express or implied, with respect to such data or information.

Opt-Out: E-mails sent by us may constitute an advertisement or solicitation under U.S. law, if its primary purpose is to advertise or promote a commercial product or service. If you do not wish to receive advertising and promotional messages from us, you may opt-out by sending an e-mail to info@avenidalegal.com.

Viruses: Computer viruses can be transmitted via e-mail through e-mail content, attachments to e-mails and embedded links. Although our e-mails are believed to be free of any virus or other defects that might affect computer systems in which they are received and opened, it is the recipient’s responsibility to ensure that any e-mail they open is virus free. The Company is not responsible for any loss or damage arising in any way from the receipt, use, storage or transmission of our e-mails. If our Company forwards an e-mail or replies to a prior e-mail, the contents may have been produced by someone other than our Company or our Team Members for which the Company assumes no liability whatsoever. THE COMPANY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT COMPANY E-MAILS OR THE SITE ARE VIRUS FREE AND/OR ERROR FREE. The use of e-mail to introduce any virus, malicious or disabling code, or to otherwise interfere with the Company’s e-mail transmissions, telecommunication, or computer networks is prohibited and against the law; violators will be prosecuted to the fullest extent of the law.

ADDITIONAL TERMS

You acknowledge that certain features of this Site, as well other products and services of Avenida Legal, including those that may be available through this Site, may be subject to terms, conditions and disclaimers in addition to these Terms and Conditions, and you agree that your use of such products and services will be subject to such additional terms, conditions and disclaimers.

Permission to Be Contacted: By submitting information to Avenida Legal through the Site or otherwise, you are making an inquiry as to Products offered by Avenida Legal or any of its unaffiliated third parties, and give Avenida Legal and its affiliates permission to contact you through e-mail, fax, or telephone, or any means, even if your phone number is on a “Do Not Call” list.

Permission to Share Your Information: When you “submit” information through the Site or otherwise, we may send your information to third party affiliates for purposes of fulfilling your order.

Reasonable Efforts: We are not responsible for delays resulting from third parties.

GOVERNING LAW

You agree that these Terms of Use and our Privacy Policy shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions, the Privacy Policy or the use of this Site shall be filed only in the state or federal courts located in Miami-Dade County, Florida, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You further agree to waive any rights you may have to a trial by jury or right to join a class action suit as against us. In the event of a lawsuit, if we prevail, you shall be responsible for our legal fees.

SEVERABILITY

You agree that if any provision of these Terms and Conditions shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms and Conditions and shall not affect the validity and enforceability of such other provisions.