First America Law Terms and Conditions
Terms & Conditions
PLEASE READ THE FOLLOWING TERMS OF SERVICES & LEGAL NOTICES (hereinafter “Agreement”) CAREFULLY BEFORE USING THIS WEBSITE (the “Site” or “www.firstamericalaw.com”). Any person accessing this Site to utilize any of the services it provides, including finding a professional, posting information or otherwise utilizing any of the features on this Site (collectively known as “Services”) must accept the Terms and Conditions of this “Agreement” without change. These terms explain your (and our) rights under this Agreement and make disclosures as required by law. By using the Site, you give your assent to the terms of this Agreement.
If you do not agree to these terms, you may not use this Site. First America Law in some states (hereinafter referred to as “First America Law”, “We”, or “Our”), a debt relief agency helping people file for bankruptcy under the bankruptcy code, has the right, in our sole discretion, to modify, add or remove any terms or conditions of this Agreement without giving individual notice to you, by posting the changes on the Site. Your continuing use of the Site constitutes your acceptance of any such changes. Nothing in this website is to be construed as an offer for legal services. Legal services are only offered once an First America Law attorney has had an opportunity to review the specific facts of a case and indicates a willingness to take on the representation.
DISCLOSURES REQUIRED UNDER 11 U.S.C. §§ 527 AND 342
NOTICE #1: Notice Mandated by 11 U.S.C. §§342(b)(1) and 527(a)(1)
PURPOSE, BENEFITS AND COSTS OF BANKRUPTCY
Bankruptcy is a federal court proceeding that provides relief to people and businesses that are having financial difficulty. The relief comes in the form of an “automatic stay” which generally stops most collection proceedings and harassment from creditors. The cost of filing a bankruptcy consists of a filing fee which varies depending on the type of case you are filing (see below) and if you choose to hire a lawyer to represent you, the lawyer will likely charge you a fee for the representation. Additionally, there may be costs to obtain necessary information and documentation required by the bankruptcy code, bankruptcy rules and local rules.
The discussion here is meant only as a brief overview and no one should base their decision as to whether to file or not to file bankruptcy solely on this information. Bankruptcy is complex and a number of factors and considerations must be taken into account in making a determination to file or not. Anyone considering bankruptcy is encouraged to seek the advice and assistance of experienced counsel who practices bankruptcy law.
What Bankruptcy Can and Can’t Do
Bankruptcy may be able to help financially distressed people to:
Discharge (eliminate) liability for most or all of their debts and a get a fresh start. When the debt is discharged, the debtor no longer has any legal obligation to pay it.
Stop foreclosure proceedings! The automatic stay in bankruptcy can freeze a foreclosure proceeding and provide an opportunity to catch up on missed payments.
Prevent repossession of a car or other property! The automatic stay can prevent a finance company from exercising its repossession rights, or might even be able to force a creditor to return a vehicle that has already been repossessed.
Prevent utility shut-offs! The automatic stay in bankruptcy can prevent a utility company from terminating service because of non-payment and can even force the company to reconnect service that has already been terminated.
Stop wage garnishments and creditor harassment! The automatic stay in bankruptcy can suspend wage deduction proceedings and other types of debt collection efforts.
Lower monthly payments! The automatic stay in bankruptcy can alter your contractual relationships with your creditors by lowering or eliminating interest and can allow payments to creditors for less than the outstanding balance.
Can provide an opportunity for debtors to challenge then claims of certain creditors who might be seeking to collect more than they are entitled.
Bankruptcy, however, may not be the cure-all for every financial problem. There are limitations. For instance, a debtor usually can not:
Eliminate certain liens of secured creditors. Although it is possible to force secured creditors to take payments over time and although it is possible to modify the terms of payments in some cases, a debtor usually can not keep the collateral unless the debtor continues to pay the debt.
Discharge types of debts identified in the bankruptcy code. The most common exceptions to discharge are domestic support orders (child support, maintenance, or alimony), most student loans, criminal fines, and most taxes.
Discharge debts incurred after the bankruptcy is filed. Bankruptcy only helps with debts already existing at the time of filing; it doesn’t provide relief for future debts.
Protect co-signors. If someone co-signed for you, the co-signor is usually going to be liable to pay the creditor whatever part of the loan you don’t pay or that isn’t paid through a bankruptcy case.
The Four Types of Bankruptcy Available to Individual Consumer Debtors
The Bankruptcy Code is divided into four chapters. The most commonly used chapters by consumer debtors are chapter 7, known as a “fresh start” or “straight” bankruptcy and chapter 13 which is a voluntary court approved, court supervised affordable repayment plan.
The main benefit of filing for bankruptcy under all chapters is the automatic stay. The automatic stay is a court order that automatically applies once a bankruptcy case is filed (with rare exceptions that apply to some repetitive case filings). The automatic stay stops most lawsuits, repossessions, foreclosures, garnishments, utility shut-offs, and debt collection harassment. It offers debtors relief and enables debtors and a case trustee to review the facts and develop an appropriate solution to the debt problems.
Chapter 7: Liquidation (court filing fee, not including attorney fees or costs = $335)
Chapter 7 is designed for debtors in financial difficulty who do not have the ability to pay their existing debts. Debtors whose debts are primarily consumer debts are subject to a “means test” designed to determine whether the case should be permitted to proceed under chapter 7. If your income is greater than the median income for your state of residence and family size, in some cases, creditors have the right to file a motion requesting the court dismiss your case as an abuse under 707(b) of the United States Bankruptcy Code. It is up to the court to decide whether the case should be dismissed.
Under chapter 7, you may claim certain property exempt under applicable law. Some states force debtors in the state to only claim property exempt pursuant to state law, while other states allow debtors to choose to claim property exempt under either state or federal law. A trustee can take possession and sell any non-exempt property and use the sale proceeds to pay your creditors.
The purpose of filing a chapter 7 case is to obtain a discharge of the debts existing as of the date you file a case. However, not all debts are dischargeable. If you have committed certain kinds of improper conduct described in the Bankruptcy Code, the court may deny you a discharge and, if it does, the purpose for which you filed the bankruptcy petition will be defeated.
Even if you receive a general discharge, some particular debts are not discharged under the law. Therefore, you may be responsible to pay for most taxes and student loans; debts incurred to pay no dischargeable taxes; domestic support and property settlement obligations; most fines, penalties, forfeitures, and criminal restitution obligations; certain debts which are not properly listed in your paperwork; and debts for death or personal injury caused by operation of a motor vehicle, vessel, or aircraft while intoxicated from alcohol or drugs. Also, if a creditor can prove that a debt arose from fraud, breach of fiduciary duty, or theft, or from a willful or malicious injury, the bankruptcy court may determine that the debt is not discharged.
Chapter 13: Repayment of All or Part of the Debts of an Individual with Regular Income (court filing fee, not including attorney fees or costs = $310).
Chapter 13 is designed for individuals with regular income who would like to pay all or part of their debts in installments over a period of time. You are only eligible for chapter 13 if your debts do not exceed certain dollar amounts set forth in the Bankruptcy Code.
Under chapter 13, you must file with the court a plan to repay your creditors all or part of the money you owe them from your future earnings. The period allowed by the court to repay your debts may be three or five years, depending upon your income and other factors. The court must approve your plan of repayment before it can take effect.
After completing the payments under your plan, your debts are generally discharged except for domestic support obligations; most student loans; certain taxes; most criminal fines and restitution obligations; certain debts which are not properly listed in your bankruptcy papers; certain debts for acts that caused death or personal injury; and certain long term secured obligations (like mortgages).
Chapter 11: Reorganization (court filing fee, not including attorney fees or costs = $1,717)
Chapter 11 is designed for the reorganization of a business but is also available to individual consumer debtors. Its provisions are quite complicated and any decision by an individual to file a chapter 11 petition should be reviewed by an attorney. Further information about chapter 11 cases, since chapter 11 usually does not pertain to individuals with primarily consumer debts can be found at the following website: www.uscourts.gov/bankruptcycourts.html. Or, you can obtain information about chapter 11 by obtaining a copy of the brochure published in June, 2000 and titled “A Bankruptcy Basics” prepared by the Administrative Office of the United States Courts.
Chapter 12: Family Farmer or Fisherman (court filing fee, not including attorney fees or costs = $275)
Chapter 12 is designed to permit family farmers and fishermen to repay their debts over a period of time from future earnings and is similar to chapter 13. The eligibility requirements, however, are restrictive, limiting its use to those whose income arises primarily from a family-owned farm or commercial fishing operation. Chapter 12, therefore, is usually not available to consumers whose debts are primarily consumer debts. The brochure and website mentioned above also provides more detailed information regarding chapter 12.
SERVICES AVAILABLE FROM CREDIT COUNSELING AGENCIES
With limited exceptions, §109(h) of the Bankruptcy Code requires that all individual debtors who file for bankruptcy relief on or after October 17, 2005, receive a briefing that outlines the available opportunities for credit counseling and provides assistance in performing a budget analysis. The briefing must be given within 180 days before the bankruptcy filing. The briefing may be provided individually or in a group (including briefings conducted by telephone or over the Internet) and must be provided by a nonprofit budget and credit counseling agency approved by the United States Trustee or bankruptcy administrator. The clerk of the bankruptcy court has a list that you may consult of the approved budget and credit counseling agencies in your jurisdiction.
BANKRUPTCY CRIMES AND AVAILABILITY OF BANKRUPTCY PAPERS TO LAW ENFORCEMENT OFFICIALS
A person who knowingly and fraudulently conceals assets or makes a false oath or statement under penalty of perjury, either orally or in writing, in connection with a bankruptcy case is subject to a fine, imprisonment, or both. All information supplied by a debtor in connection with a bankruptcy case is subject to examination by the Attorney General acting through the Office of the United States Trustee, the Office of the United States Attorney, and other components and employees of the Department of Justice.
WARNING:
11 U.S.C. §521(a)(1) of the Bankruptcy Code requires that you promptly file detailed information regarding your creditors, assets, liabilities, income, expenses and general financial condition. Your bankruptcy case may be dismissed if this information is not filed with the court within the time deadlines set by the Bankruptcy Code, the Bankruptcy Rules, and the local rules of the court.
NOTICE #2: Notice Mandated by 11 U.S.C. §§342(b)(2)
FRAUD & CONCEALMENT PROHIBITED
It is important that you understand the following:
Some or all of the information you provide in connection with your bankruptcy case will be filed with the United States Bankruptcy Court in the appropriate jurisdiction on forms or documents that you will be required to sign and declare as true under penalty of perjury.
A person who knowingly and fraudulently conceal assets or makes false oaths or statements under penalty of perjury in connection with a bankruptcy case shall be subject to fine, imprisonment, or both.
All information you provide in connection with your bankruptcy case is subject to examination and audit by the Attorney General of the United States.
NOTICE #3: Notice Mandated by 11 U.S.C. §§527(a)(2)
MANDATORY DISCLOSURE TO CONSUMERS WHO ARE CONTEMPLATING FILING FOR BANKRUPTCY
PLEASE TAKE NOTICE THAT:
All information that you are required to provide with the filing of your case and thereafter, while your case is pending, must be COMPLETE, ACCURATE, and TRUTHFUL.
You must disclose ALL of your assets and liabilities! Further, you must identify the replacement value of each asset (as defined in the Bankruptcy Code, 506) must be stated in documents where requested after reasonable inquiry to establish the value. For most property used and acquired for personal, family, or household purposes, replacement value means the amount retail merchant would charge for “used” property similar to what you own considering the age and condition of the property. Replacement cost does NOT mean the amount you would have to pay a retail merchant for a “new” item. For many cases involving used clothing, furniture, computers, replacement cost may be “yard sale” value, or what the used item might sell for on eBay. With regard to antiques, jewelry or collectibles, replacement value might be the retail value. For motor vehicles, replacement value would be the third party purchase value. For real estate, replacement value would be what the property would sell for at current market value. For cash and bank accounts it is the actual amount on deposit. For stocks and bonds, it is their market value as of the date your case is filed and the value is the cash value of what the stock could sell for in the market, or the amount a bond could be redeemed for at the time of filing.
Before you file a case, you are subject to a “means test.” The “means test” is a statutory test designed to determine whether or not you qualify to file a case under chapter 7 of the bankruptcy code, and if not, how much you need to pay to your unsecured creditors in a chapter 13 case. You must therefore state, after reasonable inquiry, your current monthly income, the amount of all expenses as specified in 707(b)(2), and, in a case under chapter 13 of this title, disposable income (determined in accordance with 707(b)(2), are required to be stated after reasonable inquiry.
Any information you provide during the case may be audited pursuant to Title 11 of the United States Code and failure to provide information may result in dismissal of the case or other sanction, including criminal sanctions!
NOTICE #4: Notice Mandated by 11 U.S.C. §§527(b)
IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY OR BANKRUPTCY PETITION PREPARER
If you decide to seek bankruptcy relief, you can represent yourself, you can hire an attorney to represent you, or you can get help in some localities from a bankruptcy petition preparer who is not an attorney. THE LAW REQUIRES AN ATTORNEY OR BANKRUPTCY PETITION PREPARER TO GIVE YOU A WRITTEN CONTRACT SPECIFYING WHAT THE ATTORNEY OR BANKRUPTCY PETITION PREPARER WILL DO FOR YOU AND HOW MUCH IT WILL COST. Ask to see the contract before you hire anyone.
The following information helps you understand what must be done in a routine bankruptcy case to help you evaluate how much service you need. Although bankruptcy can be complex, many cases are routine.
Before filing a bankruptcy case, either you or your attorney should analyze your eligibility for different forms of debt relief available under the Bankruptcy Code and which form of relief is most likely to be beneficial for you. Be sure you understand the relief you can obtain and its limitations. To file a bankruptcy case, documents called a Petition, Schedules and Statement of Financial Affairs, as well as in some cases a Statement of Intention need to be prepared correctly and filed with the bankruptcy court. You will have to pay a filing fee to the bankruptcy court. Once your case starts, you will have to attend the required first meeting of creditors where you may be questioned by a court official called a ‘trustee’ and by creditors.
If you choose to file a chapter 7 case, you may be asked by a creditor to reaffirm a debt. You may want help deciding whether to do so. A creditor is not permitted to coerce you into reaffirming your debts.
If you choose to file a chapter 13 case in which you repay your creditors what you can afford over 3 to 5 years, you may also want help with preparing your chapter 13 plan and with the confirmation hearing on your plan which will be before a bankruptcy judge. If you select another type of relief under the Bankruptcy Code other than chapter 7 or chapter 13, you will want to find out what should be done from someone familiar with that type of relief.
Your bankruptcy case may also involve litigation. You are generally permitted to represent yourself in litigation in bankruptcy court, but only attorneys, not bankruptcy petition preparers, can give you legal advice.
[Statement contained in and required by 11 USC 527(b).]
ACKNOWLEDGEMENT OF RECEIPT
By using this Site and/or otherwise accepting this Agreement, user acknowledges that user received a copy or has been provided access to all of the following notices:
Notice Mandated by 11 U.S.C. §§342(b)(1) and 527(a)(1)
Notice Mandated by 11 U.S.C. §§342(b)(2)
Notice Mandated by 11 U.S.C. §§527(a)(2)
Notice Mandated by 11 U.S.C. §§527 (b)
AGREEMENT
1. Background
This Site is maintained by First America Law, a law firm and debt relief agency. In addition, attorneys and/or law firms promoted through this web site are Debt Relief Agencies. They also help people file for relief under the Bankruptcy Code. The Site is maintained by the law firm for three purposes. First, the Site is intended as a resource for clients. It is also meant to provide information to the public about bankruptcy, financial management and debt relief. Third, in addition to providing service to First America Law clients and educating the general public, the Site also provides users with the ability to submit information about their specific financial situation and request contact from either an First America Law attorney to discuss specifics of user’s case and to possibly hire the attorney to represent user.
2. Purpose
The materials and information provided on this Site are for informational purposes only and may not reflect current legal developments or variations in the law of different jurisdictions. Nothing on this Site should be construed as legal advice or used as a substitute for legal advice. The information on this Site does not necessarily reflect the opinions of the attorneys or law firms, their partners, clients or affiliates. The information on the Site is not guaranteed to be correct, complete or up to date. The Site is not intended to create an attorney-client relationship between you and First America Law nor between you and any of the unaffiliated partners, employees, agents, or affiliates, or any other attorney associated with this Site. In addition, receipt of an e-mail from or a “post” to the Site does not create an attorney-client relationship.
YOU SHOULD NOT ACT OR RELY ON THE BASIS OF ANY INFORMATION ON THE SITE AS THE INFORMATION CONTAINED ON THIS SITE IS NOT A SUBSTITUTE FOR LEGAL ADVICE FROM AN ATTORNEY. YOU SHOULD SEEK AND RETAIN AN ATTORNEY AND GET SPECIFIC ADVICE ABOUT YOUR SITUATION!
3. Submission of Information
By submitting information to us, you agree that we may use the information within our law firm relating to any and all current or future products and/or services, and as otherwise provided in the Privacy Policy (click here). You further agree and understand that an attorney from First America Law may contact you directly via telephone, electronic mail, “snail” mail, text message, or any other reasonable method should they have any interest in discussing your case with you, unless you request in writing your desire not to be contacted.
If First America Law does not agree in writing to create an attorney-client relationship, none will exist. You are once again encouraged to seek and retain the advice of a duly licensed attorney in your state so as to meet all applicable deadlines that govern your bankruptcy case.
4. Privacy Policy
Please click here to view our Privacy Policy. Our Privacy Policy is incorporated into these Terms and Conditions by reference. Any personal information you submit on this Site is subject to our Privacy Policy.
5. Participation in the Site
By submitting information to, reading from, participating with, or otherwise using this Site, you agree that you will abide by the following rules:
* The Site may only be used in good faith and may not be used to transmit or otherwise make available any false or misleading information or that you do not have a right to make available under any law, contract, or fiduciary relationship. Such information includes, but is not limited to inside information, proprietary information and confidential information learned or disclosed as part of an employment relationship or under nondisclosure agreements. You agree not to use this Site to threaten, abuse, harass or invade the rights of any person or entity, to infringe on any person or entity’s intellectual property rights, or in any other way that could reasonably be deemed unethical, illegal or offensive.
* You agree not to misidentify yourself or impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. For example, you agree not to pretend to be someone else or pretend to be from an entity you don’t represent or that is fictitious.
* You will not post advertisements or promotional materials, solicit participants and/or visitors to this Site without the express written consent of First America Law. You further agree not to duplicate, copy, distribute, sell, resell or exploit for any commercial purposes any portion of this Site or its Services, use of the Site or its Services, or access to the Site or its Services without the express written consent of First America Law.
* You are prohibited from using any type of computer “worm,” “virus,” or any other device that is intended or is reasonably likely to disrupt, overload, or otherwise impair the Site, Web servers or any part of the Site from functioning for its intended purposes. If you violate this provision, the resulting damage will be difficult to quantify as a dollar amount and therefore you hereby agree to pay First America Law liquidated damages in the amount of $10,000 for each day that the Site is damaged until the Site is completely repaired. Such liquidated damage sum is calculated by estimating the value of the loss of goodwill caused by the inoperable state, and the time and money it will take to repair the Site and to address visitor concerns. We are required to use reasonable efforts to repair the Site as quickly as possible. This clause will not prohibit us from seeking additional compensation if your conduct injures us in a way not expressly contemplated in these Terms and Conditions.
* We are not responsible for any personal information provided on our Website that is mined by SPY WARE that may be present on your computer.
* Personal data about other users is protected by our Privacy Policy and you are not permitted to collect or store personal information or data about other users.
* Use of this Site is not permitted for purposes of “data mining” or extracting content from the Site beyond your own personal end use.
* Forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through the Site is strictly prohibited.
* You agree you will not use this Site or any of its contents to injure minors in any way.
* You agree that you shall not intentionally or unintentionally violate any applicable local, state, or federal, national or international law. Such laws include, but are not limited to, rules and regulations promulgated by the United States Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law.
* In the event you choose to submit information through the Site you agree that such information will be true, accurate, current and complete to the best of your knowledge. You further agree to update the information to keep it true, accurate and current. Should you provide untrue, inaccurate, outdated or incomplete information, we have the right to suspend or terminate, temporarily or permanently, your use of the Site or any part of the Site or its Services at our sole discretion.
* You understand and agree that all Content (Content consists of, but is not limited to the following: information, statistical data, text, software, music, sound, photographic, graphics, video, messages or other materials), whether publicly or privately transmitted by you or other users of the Site or the Service, are the sole responsibility of the person from which such Content originated. First America Law is not responsible for the Content you or any other user upload, post, email or otherwise transmit through this Site. First America Law does not control all of the content posted on this Site. You may be exposed to Content you find offensive, objectionable or indecent. First America Law under no circumstances is responsible or can be held liable in any way for any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted through the Site.
* You acknowledge that First America Law may or may not pre-screen Content, but that we or our designees shall have the right in our sole discretion, without obligation, to pre-screen, refuse, or move any Content that is available through the Site. First America Law and our designees shall have the right, without obligation, to remove any Content that violates this Agreement or is otherwise objectionable, without limitation.
* You acknowledge that you are a party who can legally enter into a contract under applicable law. In other words, minors are not allowed to use the Services on this Site.
6. First America Law Partner Attorneys
First America Law is a law that provide legal services to clients throughout the United States. Each Partner identified is a) a Limited Partner of First America Law pursuant to a formal Partnership Agreement that each Partner has entered into with First America Law, b) has access to all information concerning the clients they serve, c) has a close, regular and continuing relationship with First America Law that transcends a single case or only occasional cases, and d) supervises every facet of portions of the representation that are provided by attorney and non-attorney staff members at First America Law’s headquarters.
7. Preservation of Intellectual Property Rights
This Site and any necessary software used in connection with this Site may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except for the limited license First America Law is granting you pursuant to paragraph 7 below, nothing in these Terms and Conditions grants or should be construed to grant any licenses or rights in any way whatsoever including but not limited to, implied license, license by estoppel, intellectual property rights, or copyrights. You agree that all right, title and interest (including intellectual property rights, trademarks, copyrights, service marks, patents and any other intellectual property rights) in this Site and its content belongs to First America Law or our licensor’s, as applicable. Nothing on this Site, including Content, graphics, or logos may be copied, photocopied, reproduced, translated, or reduced to any electronic medium or machine-readable form, in whole or in part, without the express written consent of First America Law. Except as authorized by express written consent, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Site or the software, in whole or in part.
8. Limited License and Permitted Use
User is hereby granted a limited, non-exclusive, nontransferable, revocable license to: 1) access and use the Site strictly in accordance with these Terms and Conditions; 2) use the Site solely for internal, personal, noncommercial purposes; and 3) print out information and search results from the Site for limited internal, personal, noncommercial purposes, provided that you maintain all copyright and comply with other notices contained herein.
9. Restrictions on Use
Your license to use this Site and its services are subject to the following additional restrictions on use. You may not (1) copy, print, republish, display, transmit, distribute, sell, rent, lease, offer in barter or exchange, loan or otherwise make available in any form by any means all or any portion of this Site including any information or materials retrieved (except as authorized pursuant to paragraph 7, above); (2) remove, change, modify, or obscure any copyright notice or other proprietary notice or terms of use contained herein; (3) remove, disable, defeat or change any functionality or appearance of consent; (4) use the Site or any of the materials in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of First America Law or any third parties; (5) use the Site or its materials as a component of or to develop an information and retrieval system, database, InfoBase, or similar information resource in any media now existing or hereafter developed, that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (6) create compilations or derivative works of the Site or any other materials from the Site; (7) make any portion of the Site available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future, without our express written consent; (8) decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the architecture of the Site; (9) use the Site for the purpose of gathering information for or transmitting unsolicited commercial email, email that makes use of First America Law name or trademarks, including in connection with invalid or forged headers and footers, domain names, or other means of deceptive addressing; and unsolicited telephone calls or facsimile transmissions; (10) use any automatic or manual process of gathering information for or transmitting unsolicited commercial email; (11) export or re-export the Site or any portion thereof or any software available on the Site in violation of the export control laws and regulations of the United States of America; and (12) use the Site in a manner that violates any state or federal law regulating commercial email, facsimile transmissions or telephone solicitations.
10. Modifications to the Site
We reserve the right to modify or discontinue, temporarily or permanently, the Site (or any part of it) with or without notice at any time. In the event of modification or termination, all information submitted by you and others may be lost. You agree to keep a permanent record of all information provided to us, and you agree that all information submitted to us is at your sole risk. You agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Site including messages or other communication, without limitation or exception. You agree that we shall not be liable to you, your heirs and assigns, or to any third party for any modification, suspension or discontinuance of the Service.
11. No Solicitation
You agree not to distribute on or through this Site, or to any persons or entities identified in this Site, any advertising or solicitation content of any kind without our express written consent.
12. No Liability for “Hyperlinks”
This Site may from time to time contain, but is not obligated to provide, “hyperlinks” to websites neither owned nor controlled by First America Law. First America Law is not responsible for and makes no representations or endorsements regarding these other “hyperlinked” sites, unless specifically noted. By providing “hyperlinks,” First America Law does not intend to state or imply that we sponsor, are affiliated with, or are legally authorized to use any trade name, registered trademark, service mark, logo, legal or official seal, or copyrighted symbol that may be reflected in the “hyperlink.”
13. No Liability for Third-Party Content
This Site from time to time may contain content provided by third-parties or content provided by third-parties may be accessible through our Site via “hyperlinks.” First America Law shall not be responsible for and does not assume any liability for any mistakes, misstatements of law, defamation, omissions, falsehoods, obscenities, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on our Site. You understand and agree that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by or necessarily reflects the beliefs of First America Law.
14. No Liability for Errors and Corrections
First America Law does not warrant or represent that this Site will be error-free or free from viruses or other harmful elements, or that any such defects will be corrected. We do not warrant that the information provided on this Site will be correct, accurate, timely or otherwise reliable. We may make improvements and/or changes to its features, function, or content of the Site at any time without notice. First America Law is not obligated, under any circumstances, to make such improvements or changes to this Site. First America Law shall not be liable for any such errors or defects in any event.
15. Indemnification
User agrees to indemnify and hold First America Law, its subsidiaries, assigns, directors, affiliates, officers, agents, employees, or third-party contractors, harmless from all damages, costs, liabilities, and any claim or demand made by any third party, including reasonable attorney’s fees due to or arising out of Content you submit, post to, or transmit through the Site, your use of the Site, your connection to the Site, your violation of this agreement, or your violation of any rights of another person, or due to or arising from such activities carried out by a person using your First America Law account or password with your knowledge.
16. No Liability for Business Dealings with Advertisers
User assumes the risk of any and all correspondence or business dealings with, or participation in promotions of, advertisers found on this Site, including, but not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. Such transactions are exclusively dealings between user and the advertiser and user agrees that First America Law shall not be responsible or liable in any way for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of the advertisers on this Site.
17. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ON THE SITE IS PROVIDED SOLELY ON AN “AS-IS/AS-AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, First America Law EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE ABOVE PARAGRAPH, First America Law MAKES NO REPRESENTATION OR WARRANTY THAT (i) THE CONTENT AND SERVICE OF THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR FROM THE INFORMATION PROVIDED ON THIS SITE WILL BE ACCURATE OR RELIABLE, (iii) THE CONTENT AND SERVICE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE IS ACCURATE OR WILL MEET YOUR EXPECTATIONS. First America Law DOES NOT GUARANTY THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR SERVICES AND First America Law DOES NOT GUARANTY THE SERVICES OR MATERIALS ASSOCIATED WITH THE SITE INCLUDING THE QUALITY OF THE LEGAL ADVICE OR THE QUALITY OF THE LEGAL SERVICES PROVIDED WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY SERVICE OR GOOD SERVICE WILL CONTINUE TO BE AVAILABLE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN RISK AND DISCRETION AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO WRITTEN OR ORAL INFORMATION OBTAINED BY YOU FROM US OR THROUGH US OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
18. Limitation of Liability
YOU EXPRESSLY AGREE AND UNDERSTAND THAT First America Law SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, DATA, USE, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE COST OR PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, SERVICES, MATERIALS, OR INFORMATION PURCHASED OR OBTAINED, MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (ii) THE USE OR INABILITY TO USE THE SITE; (iii) STATEMENTS OR CONDUCT OF THIRD PARTIES ON THE SITE; (iv) YOUR FAILURE TO RECEIVE ANY THIRD PARTY SERVICES OR PRODUCTS REQUESTED THROUGH THE SITE; (v) INVALID DESTINATIONS, TRANSMISSIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA; (vi) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT ARE WE LIABLE TO YOU FOR AN AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU TO US FOR ANY SERVICES IN QUESTION, IF ANY.
19. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. Termination of License and Use
User agrees that by using this Site user does not acquire any rights to the Site other than the limited license to use this Site as provided in paragraph 7 that can be terminated in accordance with this section. User agrees that First America Law in our sole discretion may terminate your password, account or any part of your account, or use of this Site for any reason, including but not limited to and without limitation, non-payment, lack of user’s use, or if we believe that you have violated these terms and conditions or have acted inconsistently with the letter or spirit of this agreement. User agrees further that First America Law may remove and discard any Content on this Site without notice and for any reason within the sole discretion of First America Law. First America Law may also in our sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice.
User agrees that any termination of your access to the Site under any provision of this agreement may be effected without prior notice and user further acknowledges, understands and agrees that First America Law may immediately deactivate or delete your account and all related Content information and files in your account and/or bar any further access to such files or the Site. User also agrees that First America Law shall not be liable to you or any third-party for any termination of your access to this Site.
21. Attorney Advertising Disclosures
This Site may be considered to be an ADVERTISEMENT or may contain ADVERTISING MATERIAL or LAWYER ADVERTISEMENTS. Some state court jurisdictions may consider this Site itself to be a form of advertising for legal services. Advertising for legal services in some states may require specific disclosures. User agrees that user has read the following disclosures carefully, especially the disclosures that apply to user’s state of residence.
THIS IS AN ADVERTISEMENT. Hiring a lawyer is an important process that should not be based solely on any advertisement. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability and should not rely upon advertisements or self-proclaimed expertise.
TRADE NAMES
The firm of First America Law ` under Law Offices of Hinds Law LLC, Hinds Law LLP, Law Offices of Michelle Hinds LLC, and Hinds Law NJ LLC in those states where trade names are not permitted. It does not use its trade name to advertise or do business in the states of Arizona, Colorado, Georgia, Indiana, Iowa, Kentucky, Maine, Michigan, Mississippi, Nebraska, Nevada, New Jersey, New York, Ohio, and Texas. As First America Law is a national law firm, its advertising and website are viewed in every state by consumers. It specifically does not intend the use of a trade name on a national basis to be deceptive or confusing to potential clients in any particular state.
BACKGROUND INFORMATION IS AVAILABLE UPON REQUEST
Before user decides to hire any of First America Law’s attorneys, user should ask attorneys to provide free written information about their qualifications and experience. Additional information about particular attorneys is also available by contacting the Bar Association in the State in which the lawyer or law firm is licensed.
User understands and acknowledges that attorneys from time to time make career choices and change employment and user understands that First America Law cannot be held liable for any damages or inconvenience if a particular attorney is not employed by the law firm at a given time. User agrees that First America Law has no liability whatsoever, as stated in paragraph 13, for any errors or corrections as to attorney information provided on this Site. First America Law agrees to verify the current employment status of any attorney identified as an First America Law employee at any given time upon request.
First America Law makes no representation that the quality of the legal services performed by First America Law attorneys is greater than the quality of the legal services performed by other lawyers. User understands that memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical or professional associations and societies of law or fields of practice do not mean the lawyer is a specialist, expert, or authority or is certified in a particular field of law, nor do such memberships or licenses mean that such a lawyer is more expert or competent than any other lawyer.
User should understand that any indication of a limitation of practice does not mean that any agency or board has certified the lawyer as a specialist, expert, or authority in an indicated field of law practice, nor does it mean that such lawyer is more expert or competent than any other lawyer. First America Law urges all users to make an independent investigation and evaluation of any lawyer user is considering hiring for any legal matter.
Except where specifically indicated, no attorney of First America Law are certified by the Florida Bar Board of Legal Specialization and Education, the Texas Board of Legal Specialization (“Not Certified by the Texas Board of Legal Specialization”), or any other entity or body. The fact that certain attorneys or firms restrict their practices to a particular field of law is not meant to imply that they have gained any specific type of certification or specialization in the area of law they are concentrating their practice. Many states, including Illinois, do not recognize certifications or specialties in the practice of law and explicit state that any such certificate, award or recognition is not a requirement to practice law in those fields or in the state.
Within this Site, First America Law may include descriptions of successful outcomes of litigation or lawsuits handled by First America Law, or other attorneys not affiliated with First America Law or the Site. Any such descriptions are not meant to create unjustified expectations that similar results can be obtained for others. Each case is different and has its own unique set of facts and legal circumstances. No attorney can guarantee the success of a case. Even past successes in very similar cases does not indicate success in a subsequent case is guaranteed or even likely. Past successes in similar matters cannot be an assurance of future successes because every case must be decided on its own merits. Results depend upon a variety of factors unique to each fact situation.
The material on this Site is not intended to and does not include any advertisements for legal services that contain testimonials, dramatizations, or endorsements. The Site is intended to provide useful information presented in a non-sensational, objective, and understandable manner. Images and pictures on this Site, other than where indicated (i.e. attorney photographs), are not meant to depict or represent actual people or events, but are used for illustrative purposes only.
This Site is not intended to advertise legal services to be performed in a particular state solely by First America Law, unless the lawyer or law firm is specifically licensed to practice in the State.
First America Law does not wish to and will not knowingly accept legal representation based on or resulting from the use of this Site from a person within a particular jurisdiction to the extent the Site does not comply with the laws and regulations of any jurisdiction in which it may be received. First America Law will not knowingly accept representation based on or resulting from use of this Site from a person located out of the United States of America.
STATE SPECIFIC DISCLOSURES:
Alabama
First America Law makes no representation that the quality of the legal services to be performed by it is greater than the quality of the legal services by other lawyers.
Alaska
The Alaska Bar Association does not endorse or accredit certifying organizations.
Arizona
First America Law does not specifically advertise or do business under a trade name in the state, but instead operates as Law Offices of Hinds Law LLC, Hinds Law LLP, Law Offices of Michelle Hinds LLC, and Hinds Law NJ LLC.
California
Please note that First America Law is a private law firm and is not affiliated with any government agency. First America Law does not receive any funding from any government or not-for-profit foundation.
Colorado
First America Law does not specifically advertise or do business under a trade name in the state, but instead operates as Law Offices of Hinds Law LLC, Hinds Law LLP, Law Offices of Michelle Hinds LLC, and Hinds Law NJ LLC.
Florida
The hiring of an attorney is an important decision and that decision should not be based solely on advertising material. Before you decide to hire counsel to represent you, make sure you ask us or any attorney to send you free written information about the attorney’s qualifications and experience.
Georgia
First America Law does not specifically advertise or do business under a trade name in the state, but instead operates as Law Offices of Hinds Law LLC, Hinds Law LLP, Law Offices of Michelle Hinds LLC, and Hinds Law NJ LLC.
Hawaii
The Supreme Court of Hawaii only grants certification to lawyers in good standing who have successfully completed a specialty program accredited by the American Bar Association.
Illinois
The Illinois Supreme Court does not recognize certifications of specialties in the practice of law. A certificate, award or recognition is not required to practice law in Illinois.
Indiana
First America Law does not specifically advertise or do business under a trade name in the state, but instead operates as Law Offices of Hinds Law LLC, Hinds Law LLP, Law Offices of Michelle Hinds LLC, and Hinds Law NJ LLC.
Iowa
First America Law does not specifically advertise or do business under a trade name in the state, but instead operates as Law Offices of Hinds Law LLC, Hinds Law LLP, Law Offices of Michelle Hinds LLC, and Hinds Law NJ LLC. The Supreme Court of Iowa requires the following disclosure: The choice of a lawyer and the determination of the need for legal assistance are extremely important decisions and should not be based on advertisements or self-proclaimed expertise. Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a lawyer is a “specialist” or “expert” in a particular field of law. Such memberships, licenses or offices also do not necessarily mean that a lawyer is any more expert or competent than any other lawyer. A description of limitation of practice does not mean that any agency or board has certified the lawyer as a specialist or expert in any indicated field of law, nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer. The Supreme Court of Iowa requires the following disclosure: All potential clients should make their own independent evaluation and investigation of any lawyer being considered for particular legal representation.
Kentucky
First America Law does not specifically advertise or do business under a trade name in the state, but instead operates as Law Offices of Hinds Law LLC, Hinds Law LLP, Law Offices of Michelle Hinds LLC, and Hinds Law NJ LLC.
Maine
First America Law does not specifically advertise or do business under a trade name in the state, but instead operates as Law Offices of Hinds Law LLC, Hinds Law LLP, Law Offices of Michelle Hinds LLC, and Hinds Law NJ LLC.
Massachusetts
The Commonwealth of Massachusetts does not certify lawyers in any particular field of law. If an attorney in Massachusetts indicates he/she is “certified” in a particular area of law, service, or field by a non-governmental body, the certifying organization is a private organization whose standards for certification are not regulated by the Commonwealth.
Mississippi
First America Law does not specifically advertise or do business under a trade name in the state, but instead operates as Law Offices of Hinds Law LLC, Hinds Law LLP, Law Offices of Michelle Hinds LLC, and Hinds Law NJ LLC. Background information on any Mississippi attorney is available free upon request to that attorney. Mississippi has no procedure for approving, certifying, or designating organizations and authorities.
Missouri
ADVERTISING MATERIAL: COMMERCIAL SOLICITATIONS ARE PERMITTED BY THE MISSOURI RULES OF PROFESSIONAL CONDUCT, BUT ARE NEITHER SUBMITTED NOR APPROVED BY THE MISSOURI BAR OR THE SUPREME COURT OF MISSOURI. Likewise, neither the Supreme Court nor the Missouri Bar reviews or approves certifying organizations or specialist designations in the field of law. The choice of a lawyer is an important decision and should not be based solely upon advertisements.
Nevada
First America Law does not specifically advertise or do business under a trade name in the state, but instead operates as Law Offices of Hinds Law LLC, Hinds Law LLP, Law Offices of Michelle Hinds LLC, and Hinds Law NJ LLC. Neither the State Bar of Nevada, nor any agency of the State Bar has certified any lawyer identified in this advertisement as a specialist or expert, except as indicated. Anyone considering hiring an attorney should independently investigate the lawyer’s qualifications, credentials, and ability.
New Jersey
First America Law does not specifically advertise or do business under a trade name in the state, but instead operates as Law Offices of Hinds Law LLC, Hinds Law LLP, Law Offices of Michelle Hinds LLC, and Hinds Law NJ LLC. The Supreme Court of New Jersey recognizes certifications in some areas of legal practice. If a lawyer claims certification as a specialist or expert in a field of law or practice and does not specifically indicate that such certification has been granted by the Supreme Court of New Jersey or by an organization approved by the American Bar Association, then the user should understand that the claimed certification body has either not been approved or been denied certification by the Supreme Court of New Jersey and the American Bar Association.
New Mexico
LAWYER ADVERTISEMENT
Any certification by an organization other than the New Mexico Board of Legal Specialization does not constitute recognition by the New Mexico Board of Legal Specialization, unless the lawyer is also recognized by the board as a specialist in that particular area of law.
New York
First America Law does not specifically advertise or do business under a trade name in the state, but instead operates as Law Offices of Hinds Law LLC, Hinds Law LLP, Law Offices of Michelle Hinds LLC, and Hinds Law NJ LLC.
Rhode Island
The Rhode Island Supreme Court licenses all lawyers in the general practice of law. The Court does not license or certify any lawyer as an expert or specialist in any field of practice of law.
Tennessee
Tennessee recognizes Certifications of Specialization in the following areas of practice of law: Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor’s Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Elder Law, Estate Planning, and Family Law. Listing of related or included practice areas by a lawyer does not constitute or imply a representation of certification of specialization. No attorneys listed on this site imply or represent that they hold a certificate of specialization other than where specifically indicated.
Texas
First America Law does not specifically advertise or do business under a trade name in the state, but instead operates as Law Offices of Hinds Law LLC, Hinds Law LLP, Law Offices of Michelle Hinds LLC, and Hinds Law NJ LLC Lawyers named on this Site are Not Certified by the Texas Board of Legal Specialization, unless otherwise specifically indicated.
Washington
The Supreme Court of Washington does not recognize certification of specialties in the practice of law. Any such certificate, award, or recognition is not required to practice law in the State of Washington.
Wyoming
The State Bar of the State of Wyoming does not certify any lawyer as a specialist or expert. Any person considering a lawyer for representation should independently investigate the lawyer’s credentials, qualifications and ability and should not rely on advertisements or self-proclaimed expertise.
22. Entire Agreement
These Terms and Conditions constitute the entire agreement between First America Law and User and govern the use of this Site superseding any prior agreements between User and First America Law. User may also be subject to additional terms and conditions that may apply when User uses or purchases certain other services, affiliate services, third-party content, third-party software or materials found on any “hyperlinks.”
23. Choice of Forum
Any disputes arising out of or related to use of this Site, this agreement, and/or the relationship between User and First America Law shall be submitted for resolution to arbitration in Little Rock, Arkansas in accordance with the rules and procedures of the American Arbitration Association.
24. Statute of Limitations
User agrees that regardless of any statute or law to the contrary, any claim or cause of action, or dispute arising out of or related to the use of this Site, this agreement and/or the relationship between User and First America Law must be filed within one (1) year after such claim, cause of action, or dispute arose or such claim, dispute or cause of action shall be forever barred.
25. Waiver and Severability of Terms
Should First America Law fail to enforce or exercise any of its rights or provisions of this Terms and Conditions shall not constitute a waiver of such rights or provisions. If any provision of this Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of this Terms and Conditions shall remain in full force and effect.
26. Attorney Ethics Notice
If User is an Attorney, you acknowledge that rules of professional conduct apply to all aspects of your participation and that you will abide by such rules. The rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of law, misrepresentations of fact, and due diligence. First America Law disclaims any and all responsibility for attorney’s compliance with these rules. The section titles and headings in this Terms and Conditions are for convenience and organizational purposes only and have no legal or contractual effect.