This Agreement contains an agreement to arbitrate all claims and disclaimers of warranties and liability.
THE INFORMATION OFFERED ON THIS SITE IS NOT LEGAL ADVICE. DO NOT ACT ON ANY INFORMATION ON THIS SITE WITHOUT SPECIFICALLY ENGAGING IN WRITING LEGAL COUNSEL. THIS SITE AND THE INFORMATION ON THIS SITE IS ONLY AN INFORMATIONAL POINT IN ASSESSING YOUR LEGAL NEEDS AND IS SOLELY FOR GENERAL INFORMATIONAL PURPOSES. ACEVEDO BELT, P.A. HAS NO LIABILITY OF ANY KIND FOR ANY INFORMATION ON AcevedoBelt.com
NO COMMUNICATION, INFORMATION, OR POSTING ON THIS SITE, NOR COMMUNICATIONS RELATED THERETO ARE CONFIDENTIAL OR SUBJECT TO ATTORNEY-CLIENT PRIVILEGE. EMAILS TO US DO NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
YOU UNDERSTAND THAT QUESTIONS AND ANSWERS OR OTHER POSTINGS TO www.AcevedoBelt.com ARE NOT CONFIDENTIAL AND ARE NOT SUBJECT TO ATTORNEY-CLIENT PRIVILEGE UNLESS WE HAVE AGREED IN WRITING TO REPRESENT YOU. DO NOT SEND TO US, OR TRANSMIT TO US ANY CONFIDENTIAL INFORMATION, UNLESS THERE IS A WRITTEN ENGAGEMENT BETWEEN OUR FIRM AND YOU.
WE ARE NOT REQUIRED IN ANY WAY TO UPDATE, EXPLAIN OR DELETE INFORMATION ON ACEVEDOBELT.COM. WE RESERVE THE RIGHT TO AMEND, MODIFY OR UPDATE THIS AGREEMENT WITHOUT NOTICE TO YOU. WE ARE NOT RESPONSIBLE FOR ERRORS, MISSTATEMENTS, LACK OF CLARIFICATIONS, OR ANY CHANGES IN THE LAW, INCLUDING INFORMATION PUBLISHED OR PREPARED BY THIRD PARTY PROVIDER. YOU ASSUME ALL RISK OF USING OR RELYING UPON ANY INFORMATION IN THIS SITEL.
www. AcevedoBelt.com is not intended for Minors. You represent that you are at least 18 years of age. www.AcevedoBelt.com is not intended to be used by, and is not directed to, anyone less than 18 years of age. You represent that you are at least 18 years of age.
Any rights that you have with respect to accessing this site are personal to you and may not be transferred or assigned.
You have no continuing right to access and use www.AcevedoBelt.com and we reserve the right to terminate your access at any time.
You agree that you will not:
- Act to metatag or frame www.AcevedoBelt.com, without our prior express written permission (which may be granted or withheld in our sole and absolute discretion);
- Disrupt the flow or speed of dialogue, cause a screen to “scroll” faster than other users of www.AcevedoBelt.com are able to type, or otherwise take any other action that adversely affects other users our site;
- Use our site for any improper, fraudulent, or misleading purposes;
- Collect or store personal information about other users; or
- Solicit business for yourself or others
Consent to Receive Emails
By using www.AcevedoBelt.com, you consent to receive emails from www.AcevedoBelt.com, provided such emails are in accordance with the preferences you select in the account info page of www.AcevedoBelt.com. You may change such preferences by changing your account settings. Please note that as long as you maintain an account, you may not “opt out” of receiving service or account-related emails from www.AcevedoBelt.com.
Our Intellectual Property Rights
The names “www.AcevedoBelt.com” and our graphics, logos, page headers, button icons, scripts, and service names are our or our affiliates’ trademarks or trade dress, in the United States and/or other countries (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without our prior express written permission, which permission may be withheld in our sole discretion. We make no proprietary claim to any third-party names, trademarks or service marks appearing on www.AcevedoBelt.com. Any third-party names, trademarks, and service marks are property of their respective owners.
The information, data, software and content viewable on, contained in, or downloadable from, www.AcevedoBelt.com (collectively, the “Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, renditions and floor plans, are copyrighted by, or otherwise licensed to, us or our Content suppliers. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on www.AcevedoBelt.com (the “Software”) is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.
Rules on Linking
We encourage and permit you to include text links to content on www.AcevedoBelt.com on your Web site(s), provided that: (a) any text-only link must clearly be marked “www.AcevedoBelt.com,” (b) any link that is not text-only must be our approved logo and accompanying code; (c) the link must further www.AcevedoBelt.com and its purpose; (d) the appearance, position, and other aspects of the link and host Web site may not be misleading, fraudulent, or in any other manner damage or dilute the goodwill associated with our name and trademarks, as determined by us in our sole discretion; (e) the appearance, position and other aspects of the link and host Web site may not create the false appearance than an entity other than us is associated with the link, or that the host Web site is sponsored by us; (f) the link, when activated by an internet user, must display www.AcevedoBelt.com full-screen and not with a “frame” on the linked Web site; and (g) we reserve the right to revoke our consent to the link at any time, in our sole discretion, upon notice to you or by amending this Agreement.
Some links within this website lead you to other sites. Those other sites are provided for your convenience. Our links to those sites are not an endorsement of them or approval of content on them. Acevedo Belt does not have control over those sites and is not responsible for their content; we do not verify or warrant the information on them. If you go to such another site, you assume any risk of doing so; and you will be subject to the terms, conditions of use and privacy policies of the third-party site.
Links to www.AcevedoBelt.com are only for the convenience of internet users and to further www.AcevedoBelt.com and its purpose, and are not intended as an endorsement by us of the organization or individual operating the host Web site or a warranty of any type regarding the host Web site or the information on the host Web site.
When you visit www.AcevedoBelt.com or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by e-mail or by posting notices on www.AcevedoBelt.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Limitations on Our Liability
WE SHALL NOT LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF www.AcevedoBelt.com; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE www.AcevedoBelt.com FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH www.AcevedoBelt.com, OR OTHERWISE ARISING OUT OF THE USE OF www.AcevedoBelt.com, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE, OUR AFFILIATES AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO www.AcevedoBelt.com MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Your Agreement to Indemnify Us
You shall defend, indemnify and hold harmless us and our officers, directors, members, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by us; (iii) your access or use of www.AcevedoBelt.com; and/or (iv) access or use of www.AcevedoBelt.com under any password that may be issued to you.
You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Miami-Dade County, Florida, or the United States District Court, Southern District of Florida. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
Governing Law; Arbitration
You agree that: (i) www.AcevedoBelt.com shall be deemed solely based in the State of Florida; and (ii) www.AcevedoBelt.com shall be deemed a passive Web site that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the State of Florida. This Agreement is to be governed by and construed in accordance with the internal laws of the State of Florida, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Miami-Dade County, Florida.
THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING www.AcevedoBelt.com YOU CONSENT TO THESE RESTRICTIONS.
You and we shall select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and us, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Palm Beach County, Florida.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or we be entitled to punitive damages and both you and we hereby waive your and our respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.