Privacy Policy and Terms and Conditions of Use
Welcome
to the L. Capote, P.A. Web site. The following describes how we handle
information we may learn about you from your visit to our Web site. The
following also provides the rules that govern use of our site.
These
Terms and Conditions of Use constitute the contractual agreement
between you and L. Capote, P.A. regarding your use of our site and any
activities or transactions you may conduct through our site. They also
contain our Privacy Policy. Your use of our site constitutes your
agreement to found and be bound by these Terms and Conditions of Use
and our Privacy Policy (collectively "Terms and Conditions").
As
used in these Terms and Conditions, the words "you" and "your" refer to
any person accessing the L. Capote, P.A. Web site. The words "we,"
"us," and "our" refer to L. Capote, P.A.
We
reserve the right to modify, alter, or other update these Terms and
Conditions any time. We will post any such change at this site. Any
changes will apply prospectively. Your continued use of our site
following the posting of changes to these Terms and Conditions will
constitute your acceptance of any and all posted changes. We may of course change, move or delete portions of our site, or add to our site from time to time.
Scope
These
Terms and Conditions apply only to information you provide to us online
while visiting our Web site. They do not apply to information we have
obtained offline, or through other means.
Information is Provided Solely for Informational Purposes
All
materials on our Web site ("Materials") are provided solely for
information purposes. The materials are not intended to constitute
legal advice or the provision of legal services. Your viewing or use of
the materials shall in no way create an attorney-client relationship
with L. Capote, P.A. or any of its partners or associates.
We
do not warrant the accuracy, effectiveness, or suitability of any case,
legislation, or other legal information contained in the materials.
Changes in local, state and federal laws occur frequently and
interpretations of law can vary greatly. We recommend that all legal
questions be answered directly by a licensed attorney.
The
Web site and Materials may constitute advertising under the rules
regulating attorneys in various states. Please contact us if you have
questions.
Personal Information is Private and We Limit Our Use
Information
you may provide in visiting our site falls into two categories:
personally identifiable information and aggregate information.
"Personally Identifiable Information" is information that can be used
to identify or contact you, such as your name, email address, or
mailing address. "Aggregate Information" is information that does not
identify you, and may include, for example, statistical information
concerning the Web pages on our site that users most frequent. Our
Privacy Policy governs both categories of information.
The
information we receive depends upon what you do when you visit our
site, as detailed below. We do not share with unrelated third parties
any Personally Identifiable Information you provide to us. By
“unrelated third parties” we mean anyone who is not directly involved
in the maintenance or running of our site, or not involved in
fulfilling requests you make at our site.
We
use Personally Identifiable Information you provide to us when you
visit our site strictly for the purposes for which you have provided
it. For example, if you request to receive L. Capote, P.A. newsletters
and notices of events, and you provide us with contact information, we
will use that information to contact you regarding your request or to
send you the information. If, at any time, you decide you no longer
wish to receive such information, simply notify us to that effect.
In
the even that L. Capote, P.A. desires to assign or transfer your
Personally Identifiable Information and its rights hereunder to a third
party, you agree that L. Capote, P.A. may do so, on the condition that
such third party agree to abide by L. Capote, P.A.’s applicable Terms
and Conditions concerning privacy. L. Capote, P.A., however, cannot and
does not guarantee or warrant that such third party will in fact abide
by L. Capote, P.A.’s applicable Terms and Conditions concerning
privacy, and L. Capote, P.A. expressly disclaims any such obligations.
Security of Personally Identifiable Information
Each
of our employees and volunteers abides by our Privacy Policy, and only
authorized employees have access to your Personally Identifiable
Information.
We
have in place security control systems designed to prevent unauthorized
disclosure of your Personally Identifiable Information. Due
to the nature of the internet and developing technologies, we cannot,
however, provide assurances as to the security of your information, and
L. Capote, P.A. disclaims any such obligations.
Exception to Privacy Policy
There
is an exception to our Privacy Policy in that it may be necessary for
L. Capote, P.A. to release or use Personally Identifiable Information
we in good faith believe is appropriate in connection with legal
proceedings, or in response to a subpoena, warrant, court order, levy,
attachment, order of a court-appointed receiver, or other comparable
legal process, including subpoenas from private parties in a civil
action.
Correcting Information; Opting Out
If
at any time you would like to update or correct Personally Identifiable
Information you have previously provided to us, feel free to contact us
using the contact information provided on our Web site, and we will
update or correct your Personally Identifiable Information to the
extent your request does not compromise our privacy policies. In
addition, if you request, we will use commercially reasonable efforts
to remove your name and Personally Identifiable Information from any
database(s) we may maintain. Please understand, however, that it may be
impossible to remove this information completely, due to backups and
records of deletions. If you wish to remove your name from any
database(s) we may maintain, please notify us in writing to this effect
by using the contact information provided on our Web site.
Use of “Cookies”
We
may collect Aggregate Information about your use of our site through
cookies and similar Internet technologies. “Cookies” are small pieces
of information that a Web site transfers to your hard drive, where it
is stored by your browser on your computer’s hard drive for
record-keeping purposes.
If
we use cookies, they do not collect or retain your name or other
Personally Identifiable Information. If we use cookies, we will treat
all information that may be collected through cookies and similar
Internet technologies as Aggregate Information. In addition, no third
parties are permitted to use cookies we may create at our site for
their own purposes. Pleas be advised, however, that sites you link to
from our site may use cookies. You should read and understand the
privacy policy of the site(s) you link to in order to determine whether
and how a particular site uses cookies.
Most
browsers are initially set up to accept cookies. You can reset your
browser to refuse all cookies or indicate when a cookie is being sent.
Please consult the help section of your Web browser software to learn
how to do this.
If you Visit our Site to Browse or to Read or Download Information
We
may collect and store: the name of the domain name and host from which
you access the Internet; the Internet Protocol address of the computer
you are using; the browser software you use and your operating system;
the date and time you access our site, and other activity on our site;
and the Internet address of the Web site from which you linked to our
site.
If
we collect this information, we use it for system administration, to
measure the number of visitors to our site, to improve site
performance, to help us make our site more useful and/or to gather
broad Aggregate Information.
We
do not link an Internet Protocol address to Personally Identifiable
Information, meaning that a user’s session will be logged but the user
remains anonymous to us. If we do decide to link any aggregate
information, or your Internet Protocol address to your Personally
Identifiable Information, we will treat the resulting information as
“Personally Identifiable Information” for all purposes under our
Privacy Policy contained herein.
Ownership of Site Contents; Downloading
Unless
otherwise noted, all text, images, illustrations, design, icons,
photographs, video clips, and other materials that are part of our site
(collectively, “Contents”) are copyrighted works, trademarks, trade
dress, or other intellectual properties owned, controlled, or licensed
by L. Capote, P.A. or used under principles of “fair use.”
The
Contents of our site and the site as a whole are intended solely for
your personal use. You may download or copy the Contents and other
downloabable materials displayed on our site for such uses, provided
that you do not remove any copyright or other proprietary notices
contained on the materials. By allowing you to download these
materials, we expressly do not transfer to you any right, title, or
interest in the materials.
Links to Other Web Sites
Our
site contains links to other sites (“Third Party Sites”). We do not
necessarily endorse, sanction, or verify any of these Third Party Sites
or anything posted on these sties, and we provide these links merely
for the convenience of our users. Once you access a Third Party Site
through a link on our site, you are subject to the privacy policy and
terms and conditions of use of the Third Party Site. We have no control
and bear no responsibility for any action or policy associated with any
Third Party Site. Concerns regarding a Third Party Site should be
directed to the Third Party Site.
Policies for Children Under 13 Years of Age
Our
site is not a Web site directed to children under the age of 13.
However, we hereby advise all visitors to our Web site under the age of
13 not to disclose or provide any Personally Identifiable Information
on our site. In the even we discover that a child under the age of 13
has provided Personally Identifiable Information to us, in accordance
with the Children’s Online Privacy Protection Act of 1998, we will
delete the child’s Personally Identifiable Information from our files.
For
more information regarding a child under the age of 13 providing
Personally Identifiable Information see the Federal Trade Commission’s
Web site explaining the Children’s Online Privacy Protection Act of
1998 at http://www.ftc.gov/bcp/conline/edcams/kidzprivacy
User Comments
All
comments, feedback, postcards, suggestions, ideas, and other
submissions disclosed, submitted, or offered to L. Capote, P.A. through
our site or otherwise disclosed, submitted, or offered in connection
with your use of our site (collectively, “Comments”) shall be and
remain the property of L. Capote, P.A. You agree
that L. Capote, P.A. may use or disclose Comments in any manner
consistent with our Privacy Policy. L. Capote, P.A. shall be free to
use, without restriction and without compensation to you, any ideas,
concepts, know-how, suggestions, or techniques contained in any
Comments you send to us for any purpose whatsoever.
L.
Capote, P.A. has no obligation to respond to any Comments, and we
reserve the right, but undertake no duty, to review, edit, move, or
delete any material posted by users on our site, in our sole discretion
and without notice.
Content of User-Posted Information; Other Use of Site
You
are prohibit from posting or transmitting any advertising “spam,”
unlawful, or other material we deem inappropriate for our site. L.
Capote, P.A. disclaims all responsibility or liability arising from the
content of any user postings.
You
agree to refrain from undertaking any activity that imposes an
unreasonable or disproportionate burden on our site. L. Capote, P.A.
reserves the sole an absolute discretion to deny, revoke, or otherwise
restrict the access privileges of any user who at any time fails to
comply with these Terms and Conditions.
Complaints Over Perceived Infringement
L.
Capote, P.A. respects intellectual property rights, and will terminate
registered users and deny access to others who, in our discretion,
repeatedly infringe the intellectual property rights of others. In
addition, we will use efforts that are commercially reasonable in light
of our resources to accommodate generally accepted technical measures
used by copyright owners to identify and protect their copyrighted
works. If you believe that material posted on our site infringe rights
you enjoy under copyright law in specific materials, we request you
contact us of your concerns or objections. In turn, we agree to respond
to your notice and remove or disable access to material that you
believe infringes your work.
Disclaimer
While
we use reasonable efforts to include accurate and up-to-date
information on our site, we make no warranties or representations as to
its accuracy. L. Capote, P.A. assumes no liability or responsibility or
any errors or omissions in the content on our site.
Our
site and all contents of our site are provided on an “as is” basis
without warranties of any kind, either express or implied, including
without limitation warranties of title or implied warranties of
merchantability or fitness for a particular purpose. You acknowledge by
your use of our site that your use of site is at your sole risk, that
you assume full responsibility for all costs associated with all
necessary servicing or repairs of any equipment you use in connection
with your use of our site, and that L. Capote, P.A. shall not be liable
for any damages of any kind related to your use of our site. Please
note that some jurisdictions may not allow the exclusion of implied
warranties, so some of the above exclusions may not apply to you. Check
your local laws for any restrictions or limitations regarding the
exclusion of implied warranties.
Indemnification
You
agree to defend, indemnify and hold L. Capote, P.A. harmless from and
against any and all claims, damages, costs, and expenses, including
attorney’s fees, arises from or related to your failure to comply with
these Terms and Conditions.
Limitation of Liability
Neither
L. Capote, P.A. nor any other party involved in creating, producing, or
delivering our site shall be liable for any direct, incidental,
consequential, special, indirect, or punitive damages arising out of
your access to or use of our site.
Choice of Law and Jurisdiction
Unless
otherwise specified, our site and the Contents thereof are displayed
solely for the purpose of promoting the goods of L. Capote, P.A. Our
site is controlled and operated by L. Capote, P.A. from its location in
Miami, Florida. This Agreement shall be construed in accordance with the laws of the State of
Florida,
without regard to any conflict of law provisions. Any dispute arising
under these Terms and Conditions shall be resolved exclusively by the
state or federal courts sitting in
Florida.
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