1. Agreement to These Terms
These Terms of Use (“Terms”) govern your access to and use of the Recalde client portal and our related online services (collectively, the “Services”), operated by Recalde Law Firm, P.A. (“Recalde Law Firm,” “the Firm,” “we,” “us,” or “our”). By accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.
We may modify these Terms at any time, as described in Section 19. Your continued use of the Services after changes take effect constitutes your acceptance of the revised Terms.
2. No Attorney-Client Relationship
Your use of the Services, including submitting a contact form, completing a case evaluation, requesting a consultation, uploading documents, or communicating with our assistant, does not create an attorney-client relationship between you and Recalde Law Firm, P.A. An attorney-client relationship is formed only when the Firm and you sign a written engagement agreement. Until then, the Firm has no obligation to take any action on your behalf, and no duty of confidentiality arises by virtue of an attorney-client relationship, although we will handle the information you provide in accordance with our Privacy Policy.
Please do not send us time-sensitive or confidential information through the Services expecting that it will be protected by the attorney-client privilege, and do not rely on the Services to meet any deadline. Deadlines in legal matters are strict, and only the firm of record under a signed engagement is responsible for them.
3. Not Legal Advice
The content on the Services, including articles, guides, frequently asked questions, the case evaluation, and the assistant, is provided for general informational and educational purposes only and is not legal advice. The law changes and applies differently to every situation. You should not act or refrain from acting based on anything on the Services without seeking advice from a licensed attorney about your specific circumstances. The case evaluation provides a general, preliminary indication only and is not a determination that you have a valid claim or that the Firm will represent you. The decision whether to accept a matter is made by a licensed attorney.
4. Attorney Advertising
The Services may constitute attorney advertising under the Rules Regulating The Florida Bar. The hiring of a lawyer is an important decision that should not be based solely on advertising. Before you decide, ask us to send you free written information about our qualifications and experience. Past results do not guarantee, warrant, or predict a similar outcome in any future matter. Any testimonials or case descriptions, if shown, are not a guarantee, warranty, or prediction regarding the outcome of your legal matter.
5. Debt Relief Agency Disclosure
Recalde Law Firm, P.A. is a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. This disclosure is required by federal law, 11 U.S.C. sections 527 and 528. The required written contract and disclosures will be provided to you in connection with any engagement for bankruptcy services.
6. Eligibility
The Services are intended for users who are at least 18 years old and located in the United States. By using the Services, you represent that you meet these requirements, that the information you provide is accurate, and that you are authorized to provide it.
7. Accounts
To use certain features, you may create an account. You agree to provide accurate information, to keep your credentials confidential, and to be responsible for all activity under your account. Notify us promptly of any unauthorized use. We may suspend or terminate an account that we believe has been used in violation of these Terms.
8. Documents You Submit
You may choose to upload documents and information. You represent that you have the right to provide what you upload and that it does not infringe the rights of any third party. You decide what to upload, and you should not upload anything you do not want us to receive. We handle uploaded materials in accordance with our Privacy Policy. We may remove or decline to store materials that are unlawful or that violate these Terms. The Services are a convenience for organizing information and are not a substitute for the Firm’s own files or records, and uploading a document does not by itself obligate the Firm to act.
9. The Assistant Feature
The Services include an automated assistant that provides general information only. The assistant does not provide legal advice, does not evaluate the merits of your specific situation, does not create an attorney-client relationship, and may produce information that is incomplete or inaccurate. Do not rely on the assistant for legal decisions, and do not enter confidential or sensitive information into it. Your use of the assistant is also subject to our AI Disclosure and Privacy Policy.
10. Acceptable Use
You agree not to:
- Use the Services for any unlawful purpose or in violation of these Terms;
- Submit information that is false, misleading, or that you are not authorized to provide;
- Upload or transmit any material that is unlawful, infringing, defamatory, or harmful, or that contains viruses or malicious code;
- Attempt to gain unauthorized access to the Services, other users’ accounts, or our systems;
- Interfere with or disrupt the integrity or performance of the Services;
- Use any robot, scraper, or other automated means to access or collect data from the Services without our permission; or
- Use the Services to send unsolicited communications or to harvest information about others.
11. Intellectual Property
The Services and their content, including text, graphics, logos, design, and software, are owned by or licensed to Recalde Law Firm, P.A. and are protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial use. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any part of the Services without our prior written permission. “Recalde Law Firm,” “Recalde Lemon Law,” and “Recalde Fresh Start” and related names and logos are marks of the Firm.
12. Third-Party Links and Services
The Services may contain links to third-party websites and may rely on third-party services. We do not control and are not responsible for the content, privacy practices, or availability of third-party websites or services. Links do not imply our endorsement. Your use of third-party websites and services is at your own risk and subject to their terms.
13. Fees
We do not collect attorney fees or costs through the Services. Any fees and costs for legal services are governed by a separate, signed engagement agreement. Where fee information is provided on the Services, court costs and expenses may apply and are explained to you in writing before any matter begins.
14. Disclaimer of Warranties
15. Limitation of Liability
16. Indemnification
You agree to indemnify and hold harmless Recalde Law Firm, P.A. and its attorneys, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to your misuse of the Services, your violation of these Terms, or your violation of any law or the rights of any third party.
17. Governing Law, Venue, and Informal Resolution
These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws principles. Before filing any claim, you agree to first contact us at rafael@recaldelaw.com and attempt in good faith to resolve the dispute informally for at least 30 days. For any dispute arising out of or relating to these Terms or the Services that is not otherwise resolved and that is not subject to arbitration under Section 18, you agree that it will be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to the personal jurisdiction of those courts. This Section does not govern the attorney-client relationship, which is governed by the engagement agreement and applicable law, including the Rules Regulating The Florida Bar.
18. Arbitration of Out-of-State Disputes; Class Action Waiver
18.1 Application. This Section applies to any dispute, claim, or controversy arising out of or relating to your use of the Services or these Terms (a “Dispute”) that is brought by or on behalf of any person who resides or is located outside the State of Florida, or that a court determines is not required to proceed in the courts of Miami-Dade County, Florida under Section 17. For all other Disputes, Section 17 governs. This Section does not apply to the Excluded Matters described in Section 18.6.
18.2 Agreement to Arbitrate. You and the Firm agree that each covered Dispute will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, before a single arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitration will be seated in Miami-Dade County, Florida, although the arbitrator may permit appearances by video or telephone. Judgment on the award may be entered in any court of competent jurisdiction.
18.3 Informal Resolution First. Before starting an arbitration, you agree to first contact us at rafael@recaldelaw.com and give us at least 30 days to resolve the Dispute informally, as described in Section 17.
18.4 Class Action Waiver. Disputes will be arbitrated only on an individual basis. You and the Firm waive any right to bring or participate in a class, collective, consolidated, or representative action. The arbitrator may not consolidate more than one person’s claims or preside over any form of class or representative proceeding. If this waiver is found unenforceable as to a particular claim or remedy, that claim or remedy (and only that one) will be severed to a court in Miami-Dade County, Florida, and the remainder of this Section will continue to apply.
18.5 Jury Trial Waiver. To the extent any Dispute proceeds in court rather than arbitration, you and the Firm each waive any right to a trial by jury.
18.6 Excluded Matters. This Section does NOT apply to, and nothing in these Terms requires arbitration of: (a) the attorney-client relationship or any dispute concerning legal services, fees, or costs, which are governed by your engagement agreement, applicable law, and the Rules Regulating The Florida Bar, including the Florida Bar’s fee arbitration program where applicable; (b) any individual claim that qualifies to be heard in small claims court; or (c) a request for temporary or preliminary injunctive relief to protect intellectual property or confidential information.
18.7 Right to Opt Out. You may opt out of this Section 18 by sending written notice to rafael@recaldelaw.com within 30 days after you first accept these Terms, stating your name and that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms, and Section 17 will then govern your Disputes.
19. Changes to These Terms
We may revise these Terms from time to time. The “Last updated” date above indicates when the Terms were last revised. Changes are effective when posted. Your continued use of the Services after changes are posted constitutes your acceptance of the revised Terms.
20. General
These Terms, together with the Privacy Policy and any other notices on the Services, are the entire agreement between you and the Firm regarding the Services. If any provision is found unenforceable, the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver of that provision. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Headings are for convenience only.
21. Contact Us
Questions about these Terms may be directed to:
Recalde Law Firm, P.A.1111 Brickell Avenue, 10th Floor
Miami, Florida 33131
Telephone: (305) 792-9100
Email: rafael@recaldelaw.com