Terms & Conditions
1. Acceptance of Terms
By accessing or using the Avera & Smith, Attorneys at Law website (the "Site"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not access or use the Site. These Terms apply to all visitors and users of the Site.
Avera & Smith reserves the right to update or modify these Terms at any time without prior notice. Your continued use of the Site following any changes constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.
2. Informational Purpose Only
The content on this Site is provided for general informational purposes only and does not constitute legal advice. The information contained on this Site should not be relied upon as a substitute for professional legal counsel tailored to your specific situation. Laws and regulations vary by jurisdiction and change over time — information that is accurate at the time of publication may not reflect current law.
Reading, accessing, or using this Site does not create an attorney-client relationship between you and Avera & Smith. An attorney-client relationship is only established through a formal written engagement agreement signed by both you and an authorized attorney at Avera & Smith. Do not act or refrain from acting based on information found on this Site without first seeking qualified legal advice.
3. No Attorney-Client Relationship
Submitting information through any contact form, chat feature, or other communication tool on this Site does not create an attorney-client relationship. Information submitted through the Site prior to the establishment of a formal attorney-client relationship is not protected by attorney-client privilege and should not include confidential or sensitive information about your legal matter.
Avera & Smith is licensed to practice law in the State of Florida. Nothing on this Site constitutes an offer to represent you or any other party in a legal matter outside of Florida or in any jurisdiction where Avera & Smith is not licensed to practice.
4. Past Results and Testimonials
This Site may contain information about past case results, client testimonials, and verdicts or settlements obtained by Avera & Smith on behalf of former clients. This information is provided for illustrative purposes only.
Past results do not guarantee or predict a similar outcome in any future case. Every legal matter is unique, and the outcome of any particular case depends on the specific facts, circumstances, applicable law, and many other factors that vary from case to case. Client testimonials reflect the individual experiences of those clients and may not be representative of the experience of all clients.
Testimonial videos and written reviews displayed on this Site were provided voluntarily by former clients and reflect their personal opinions and experiences. Avera & Smith does not compensate clients for providing testimonials.
5. Intellectual Property
All content on this Site, including but not limited to text, copy, graphics, logos, images, video content, audio content, page layouts, and software, is the property of Avera & Smith or its content suppliers and is protected by applicable United States and Florida intellectual property laws.
You may access and use the Site for personal, non-commercial informational purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content from this Site without the prior written consent of Avera & Smith. Unauthorized use of any content on this Site may violate copyright, trademark, and other applicable laws and could result in legal action.
The Avera & Smith name, logo, and all related marks are trademarks of Avera & Smith, Attorneys at Law. Nothing on this Site grants any license or right to use any trademark displayed on the Site without the prior written consent of Avera & Smith.
6. User Conduct
By using this Site, you agree not to use the Site for any unlawful purpose or in any way that violates these Terms. You agree not to:
- Attempt to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site
- Interfere with or disrupt the operation of the Site or servers or networks connected to the Site
- Use any automated means, including robots, scrapers, or spiders, to access or collect information from the Site
- Submit false or misleading information through any contact form or communication tool on the Site
- Use the Site in any manner that could damage, disable, overburden, or impair the Site's functionality
7. Contact Forms and Communications
The contact forms and communication tools on this Site are provided as a convenience for potential clients to reach out to Avera & Smith. By submitting information through these forms, you represent that the information you provide is accurate and complete to the best of your knowledge.
Avera & Smith will make reasonable efforts to respond to inquiries submitted through the Site but cannot guarantee a response within any specific timeframe. Submission of a contact form does not obligate Avera & Smith to represent you or respond to your inquiry.
8. Third-Party Links and Content
This Site may contain links to third-party websites, including legal directories, review platforms, court websites, and other external resources. These links are provided for convenience and informational purposes only. Avera & Smith does not endorse, control, or assume responsibility for the content, privacy practices, or accuracy of any third-party websites. Your use of third-party websites is at your own risk and subject to the terms and conditions of those websites.
This Site may also embed third-party content, including video testimonials hosted on external platforms. Avera & Smith is not responsible for the availability or accuracy of such third-party content, and your interaction with embedded third-party content is governed by the terms of the applicable third-party platform.
9. Disclaimer of Warranties
The Site and all content and services provided through the Site are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. Avera & Smith expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Avera & Smith does not warrant that the Site will be uninterrupted, error free, or free of viruses or other harmful components, that defects will be corrected, or that the information on the Site is accurate, complete, or current. You assume full responsibility for your use of the Site and any reliance on information contained on the Site.
10. Limitation of Liability
To the fullest extent permitted by applicable law, Avera & Smith and its partners, attorneys, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of or inability to use the Site or any content or services provided through the Site — even if Avera & Smith has been advised of the possibility of such damages.
In no event shall Avera & Smith's total liability to you for all claims arising out of or related to your use of the Site exceed one hundred dollars ($100.00).
11. Indemnification
You agree to indemnify, defend, and hold harmless Avera & Smith and its partners, attorneys, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses — including reasonable attorneys' fees — arising out of or related to your use of the Site, your violation of these Terms, or your violation of any rights of a third-party.
12. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Florida without regard to its conflict of law provisions. Any dispute arising out of or related to these Terms or your use of the Site shall be subject to the exclusive jurisdiction of the state and federal courts located in Alachua County, Florida, and you consent to the personal jurisdiction of those courts.
13. Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.
14. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Avera & Smith regarding your use of the Site and supersede all prior agreements and understandings, whether written or oral, relating to your use of the Site.
15. Contact Us
If you have any questions about these Terms of Service, please contact us at:
Avera & Smith, Attorneys at Law2814 SW 13th Street
Gainesville, FL 32608
Phone: 352-372-9999
Toll Free: 800-654-4659
Email: info@avera.com