Welcome to LaunchToThrive.com, a website operated by Carlton Fields, P.A. (Carlton Fields) (the “site”). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
By using this site and the features contained on this site, you agree to these terms of use. Carlton Fields reserves the right, at any time, to modify or update these terms and conditions without notice, and you agree to be bound by such modifications or updates. The information contained and accessed on the site is provided by Carlton Fields for general guidance and is intended to offer the user general information of interest. In making this site available, no client, advisory, fiduciary or other professional relationship is implicated or established and Carlton Fields, nor any other person is, in connection with this site, engaged in rendering legal, tax, auditing, accounting, investment, advisory, consulting or other professional services or advice. Neither this site nor any content on or accessed through this site shall be considered a substitute for the independent investigations and sound technical and business judgment of the user of this site and the user should consult with a Carlton Fields professional familiar with its particular factual situation for advice or services concerning specific matters.
Eligibility
By using the site, you represent and warrant that (a) all registration and other information you submit, if any, is truthful and accurate; (b) you will maintain the accuracy of any information you provide; (c) you will not submit any personal information if you are under 13 years of age; and (d) your use of the site does not violate any applicable law or regulation.
No Legal or Tax Advice
The site provides users with legal information and access to certain self-help, “fill in the blank” forms (the “Forms”). The documents and help resources have been prepared by Carlton Fields for general informational purposes only and do not constitute advertising, solicitation or legal advice. The site is not intended to constitute specific legal, tax, or accounting advice or to be a substitute for advice from qualified counsel and other tax or accounting professionals. Without limiting the foregoing, the site may not reflect recent developments in the law, may not be complete, and may not be accurate in or applicable to your jurisdiction. Because the site is general in nature and may not pertain to your specific circumstances, you should not act or refrain from acting on the basis of any content included in the site without first obtaining advice from professional counsel qualified in the applicable subject matter and jurisdiction. Any discussion of tax matters contained herein (including any content available at the site) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or other matter.
No Attorney-Client Relationship
A person may become a client of Carlton Fields only through a written engagement letter between that person and the firm, after the firm has had an opportunity to review its database to assure no conflict exists and after deciding whether the representation is appropriate. You agree that your access and use of the site, or your transmission of e-mails to addresses on the site, does not create an attorney-client relationship between you and Carlton Fields. You should not send us any confidential information in connection with your use of the site. Such responses will not create an attorney-client relationship, and whatever you disclose to us will not be privileged or confidential unless we have agreed to act as your legal counsel and you have executed an engagement letter with us.
Use of Legal Forms
You understand that download and/or use of a Form is neither legal nor tax advice nor does it constitute the practice of law, and that each Form and any applicable instruction or guidance is not customized to your particular needs. By downloading Forms, you agree that the Forms you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of Carlton Fields
Use by Agents
You agree that, if an agent (e.g., an attorney, an employee, etc.) uses the Forms or the content on your behalf, you are nonetheless bound as a principal by all terms and conditions herein.
Copyright
You acknowledge that the content included on this site, including but not limited to, text, graphics, logos, button icons, images, audio clips, software, and the selection and arrangements thereof, is and shall remain the sole and exclusive property of Carlton Fields or its content suppliers and protected by U.S. and international copyright laws. Any use, including the reproduction, modification, distribution, republication or display of the content on this site is strictly prohibited and an infringement of copyright or proprietary rights in the information.
Trademarks
The Carlton Fields trademarks and logos, and all related product and service names, design marks and slogans are the trademarks, service marks or registered trademarks of Carlton Fields and may not be used in any commercial manner without the prior written consent of Carlton Fields. All other products and service marks contained on the site are the trademarks of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, or otherwise does not necessarily constitute or imply the endorsement, sponsorship or recommendation by Carlton Fields.
Privacy
Carlton Fields respects the privacy of your personal information, please read our Privacy Policy.
Your Account
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. Carlton Fields may, at any time, terminate your service, refuse your membership, and remove or edit your content in its sole discretion.
Text Messaging
If you choose to participate in a Carlton Fields promotion that involves text messaging (either sending or receiving), standard text messaging rates will apply to each text message you send or receive as provided in your wireless rate plan.
Attorney Advertising
Under some interpretations of the legal ethics rules, some material in this website should be considered advertising. This website constitutes a ‘communication’ as defined in Rule 1-400(A) of the California Rules of Professional Conduct in that it is a message made by and on behalf of lawyers at Carlton Fields, LLP, who are members of the State Bar of California concerning the availability for professional employment of those members and their law firm. The hiring of a lawyer is an important decision that should not be based solely upon the information included on this website. Before you decide to hire a lawyer, please ask us to send you written information about our qualifications and experience.
Principal Office, Responsible Attorney
Carlton Fields is a multijurisdictional legal services provider comprising of legal practices that are separate and distinct legal entities. Legal services from our offices in Florida, Georgia, Connecticut, New York, and Washington, D.C., are provided by Carlton Fields, P.A., which is a Florida professional association having an office located at 4221 W. Boy Scout Boulevard, Suite 1000, Tampa, Florida 33607. Legal services from our office in California are provided by Carlton Fields, LLP, a California limited liability partnership having an office located at 2029 Century Park East, Suite 2000, Los Angeles, California 90067. Certain California attorneys who render services through Carlton Fields, LLP, are shareholders of Carlton Fields, P.A. Our attorneys are admitted to practice law only in the jurisdiction(s) noted in the individual biographies. If the State Bar Rules in your jurisdiction require us to designate a principal office and/or a single attorney responsible for the site, Carlton Fields designates its Tampa, Florida, office as its principal office and designates William Giltinan as the person responsible for the site.
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THIS SITE, ITS CONTENT AND FORMS, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NONE OF CARLTON FIELDS, ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “CARLTON FIELDS PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE. NONE OF THE CARLTON FIELDS PARTIES WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY SPECIFIC INFORMATION THAT IS REQUESTED WILL BE PROVIDED OR THAT THIS SITE OR ITS SERVER ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT OR SERVICES IS ASSUMED SOLELY BY YOU. NONE OF THE CARLTON FIELDS PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.
The Forms may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Forms are only samples and may not be applicable to a particular situation.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL ANY OF THE CARLTON FIELDS PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS SITE. IN NO EVENT SHALL ANY OF THE CARLTON PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THE SITE WHETHER OR NOT CARLTON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE CUMULATIVE LIABILITY OF THE CARLTON FIELDS PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED $100, AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST THE CARLTON FIELDS PARTIES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE CARLTON FIELDS PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.
Indemnification
You agree to indemnify and hold the Carlton Parties harmless from each claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the site, your violation of these terms and conditions or your infringement of any intellectual property or other right of any person or entity.
Notice for Claims of Copyright Infringement
If you are a copyright owner or agent thereof and believe that content posted on the site by a Carlton Fields user infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to Carlton Fields with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL of the location on our website containing the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Carlton Fields can be reached by mail at: William Giltinan, Shareholder, Carlton Fields, 4221 W. Boy Scout Blvd., Suite 1000, Tampa, FL 33607-5780, Email: tgiltinan@carltonfields.com, Fax: 813.229.4241.
International Use
Recognizing the global nature of the Internet, Carlton Fields makes no representation that content or materials on this site are appropriate or available for use in locations outside the United States, and accessing such content or materials from or distributing such content or materials to territories where their contents are illegal is strictly prohibited. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Those who choose to access this site from other locations do so at their own initiative and are responsible for compliance with local laws.
Governing Law
You agree that this agreement and your use of this site are governed exclusively by the laws of the State of Florida, USA, without regard to its conflict of laws provision. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Tampa, Florida, USA in all disputes (a) arising out of, relating to, or concerning this site and/or this agreement, (b) in which this site and/or this agreement is an issue or a material fact, or (c) in which this site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. You agree to waive any and all objections to jurisdiction or venue in Tampa, Florida, USA. Use of this site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of this site is also unauthorized in any jurisdiction where all or any portion of this site may violate any legal requirements and you agree not to access this site in any such jurisdiction. You are responsible for compliance with applicable laws. Carlton Fields makes no representation that materials on this site are appropriate or available for use in any particular jurisdiction. Any use in contravention of this provision or any provision of this agreement is at your own risk.
Severability and Integration
If any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use. To the extent this remedy is not available and a provision of this Terms of Use is held to be illegal, invalid or unenforceable under present or future law effective during the term hereof, such provision shall be fully severable and this Terms of Use shall be construed and enforced as if such illegal, invalid or unenforceable provision never comprised a part hereof, and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance herefrom. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Carlton Fields with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Carlton Fields with respect to this site.
General
You agree that no client, joint venture, partnership, employment or agency relationship exists between you and Carlton Fields as a result of this agreement or your use of this site. Carlton Fields’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Carlton Fields’s right to comply with law enforcement requests or requirements relating to your use of this site or information provided to or gathered by Carlton Fields with respect to such use. Notwithstanding any of the terms in this Agreement, Carlton Fields reserves the right, without notice and in its sole discretion, to terminate your license to use the site, and to block or prevent your future access to the site. You acknowledge and agree that any questions, comments, suggestions, feedback, ideas or other information or materials regarding the site (but excluding any client information) (the “Feedback”) that is provided by you in the form of e-mail or other submissions to Carlton Fields, or any postings on the site, are (as between you and Carlton Fields) non-confidential and shall become the sole property of Carlton Fields. Carlton Fields shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you. You may not assign this Agreement.