Terms of Service

Effective Date: October 1, 2024 

  1. Introduction 

These Terms of Service govern your use of this Website. 

2. Your Acceptance of this Agreement 

These terms of service are entered into by and between you and Tucci Law PLLC., ("Firm," "we," "our," or "us"). The following Terms and Conditions, together with any documents they expressly incorporate by reference (collectively "Terms of Service"), govern your access to and use of www.tucci-law.com, including any content, functionality, and services offered on or through www.tucci-law.com (the "Website"). 

Please read the Terms of Service carefully before using the Website. 

By using the Website [or by clicking to accept or agree to the Terms of Service when this option is made available to you], you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Service, you must not access or use the Website. 

If you are under 18, you represent that you have your parent or guardian's permission to use the Website. Please have them read these Terms of Service with you. 

If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Website, you are subject to the terms of these Terms of Service and responsible for your child's activity on the Website. 

BY ACCESSING AND USING THIS WEBSITE, YOU: 

ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF SERVICE; 

YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH US; AND, 

YOU AGREE IF YOU ACCESS THE WEBSITE FROM A JURISDICTION WHERE IT IS NOT PERMITTED, YOU DO SO AT YOUR OWN RISK. 

3. Updates to Terms of Service 

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. 

Continuing to use the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access this Website, so you are aware of any changes, as they are binding on you. 

 

4. Your Responsibilities 

You are required to ensure that all persons who access the Website are aware of this Agreement and comply with it. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. 

YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET AND DATA SECURITY. 

5. Prohibited Activities 

You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website: 

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the exports of data software to and from the U.S. or other countries). 

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise. 

  • To send, knowingly receive, upload, download, use, or re-use any material on the website. 

  • To impersonate or attempt to impersonate the Firm, a Firm employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing). 

  • To engage in any other conduct that restricts or inhibits anyone's use of the website, or which as determined by us, may harm the Firm or users of the website, or expose them to liability. 

Additionally, you agree not to: 

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website. 

  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. 

  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent. 

  • Use any device, software, or routine that interferes with the proper working of the Website. 

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. 

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. 

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. 

  • Otherwise attempting to interfere with the proper working of the Website. 

6. Our Rights 

We have the right, without provision of notice to: 

  • Take appropriate legal action, including, without limitation, referral to or cooperation with law enforcement or regulatory authorities, or notifying the harmed party of any illegal or unauthorized use of the Website; and 

  • [If applicable] Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Service. 

YOU WAIVE AND HOLD HARMLESS THE FIRM AND ITS SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE FIRM AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE FIRM OR BY LAW ENFORCEMENT AUTHORITIES. 

7. Third-Party Links and Content 

For your convenience, this Website may provide links or pointers to third-party sites or third-party content. We make no representations about any other websites or third-party content that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the third-party content or any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites. 

8. Disclaimers, Liability and Indemnification 

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

YOU ACKNOWLEDGE AND AGREE THAT FIRM OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE NO WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS OR THAT INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE CODE. 

How We Limit Our Liability to You 

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, IN NO EVENT SHALL THE FIRM NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE UNDER THESE TERMS OF SERVICE TO YOU OR ANY THIRD-PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, DATA, REVENUE OR PROFIT, COST OF CAPITAL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ANY OTHER THEORY OF LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE FIRM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

 

Indemnification 

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Firm, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms of Service or your use of the Website including, but not limited to, third-party sites and content, any use of the Website's content and services other than as expressly authorized in these Terms of Service. 

9. Intellectual Property Rights 

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Firm, its licensors, or other providers of such material and may be protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 

These Terms of Service permit you to use the Website for intended purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows: 

  • Your computer may temporarily store copies of such material in RAM incidental to your accessing and viewing those materials. 

  • You may store files that are automatically cached by your Web browser for display enhancement purposes. 

You must not: 

  • Modify copies of any materials from this site. 

  • Delete or alter any of the copyright, trademark, or other proprietary rights notices from copies of materials from this site. 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Firm. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.  

10. Copyright Infringement 

Respect for Intellectual Property 

We respect the intellectual property rights of others and expect our users to do the same. It is our policy to respond to claims of copyright infringement in accordance with applicable intellectual property laws, including the Digital Millennium Copyright Act (DMCA) of the United States, where applicable. 

 

Submitting a Copyright Complaint (DMCA Takedown Notice) 

If you believe that content available on our website infringes your copyright, you may submit a notice of alleged copyright infringement (“Takedown Notice”) by providing the following information in writing to our Designated Copyright Agent: 

 

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed. 

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on our website are covered by a single notification, a representative list of such works. 

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material (such as the URL or specific location on the website). 

  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and email address. 

  • A statement by the complaining party that they have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. 

  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

 

You may submit the Takedown Notice to our Designated Copyright Agent at: 

 

Designated Copyright Agent: 

Christopher Tucci 
99 Jackson Street, Suite 745 
Davidson, NC 28036 
Phone: 980-378-0607 
Email: christopher.tucci@tucci-law.com 

 

Counter-Notification 

If you believe that your material that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law to use the material, you may send a counter-notification to the Designated Copyright Agent with the following information: 

 

  • Your physical or electronic signature. 

  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled. 

  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. 

  • Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the federal court in [insert jurisdiction], and that you will accept service of process from the person who provided the original Takedown Notice or an agent of such person. 

 

Repeat Infringers 

In accordance with the DMCA and other applicable laws, we will terminate the access of users who are deemed to be repeat infringers. We also reserve the right to limit or revoke access to the website for users who infringe any intellectual property rights, whether or not there is any repeat infringement. 

 

11.  Cookies Policy  

Use of Cookies 

We use cookies and similar tracking technologies (collectively, “Cookies”) to enhance your browsing experience, analyze website traffic, and understand how our services are being used. By using our website, you agree to the use of Cookies as outlined in this policy. 

  

What are Cookies? 

 Cookies are small text files placed on your device (computer, tablet, or mobile) when you visit a website. Cookies help websites remember your actions and preferences (such as login, language, and other display preferences) over a period of time, so you don’t have to keep re-entering them whenever you come back to the site or browse from one page to another. 

  

Types of Cookies We Use 

 We may use the following types of Cookies on our website: 

  • Strictly Necessary Cookies: These Cookies are essential for the operation of our website. Without these Cookies, certain features may not be available, and the website may not function properly. 

  • Performance Cookies: These Cookies collect information about how you use our website, such as the pages you visit and any errors you may encounter. These Cookies help us improve the performance and user experience of the website. 

  • Functionality Cookies: These Cookies allow our website to remember choices you make, such as your language preferences or region, and provide more personalized features. 

  • Targeting/Advertising Cookies: These Cookies are used to deliver ads that are more relevant to you and your interests. They also limit the number of times you see an advertisement and help measure the effectiveness of an advertising campaign. We may share this information with third parties for advertising purposes. 

  

Third-Party Cookies 

 In some cases, we may work with third parties to provide services on our website. These third parties may use Cookies on our behalf to deliver services, track usage, or provide advertisements. We do not control these third-party Cookies, and their use is subject to the respective third-party privacy policies. 

  

Managing Cookies  

You can manage or disable Cookies in your browser settings. Please note that if you choose to block or delete Cookies, some features of our website may not function properly, or your user experience may be diminished. 

  • Browser Settings: You can usually modify your browser settings to accept or reject Cookies. You may also delete existing Cookies stored on your device. Each browser is different, so please consult your browser’s help section for specific instructions on how to manage Cookies. 

  • Opt-Out Links: Some third-party service providers we partner with may provide opt-out links, allowing you to manage their Cookies directly. Please refer to their respective privacy policies for more details. 

  

Changes to Our Cookies Policy 

We may update this Cookies Policy from time to time to reflect changes in our practices or relevant legal requirements. We encourage you to review this page periodically to stay informed about how we use Cookies. 

  

Contact Us 

If you have any questions about our use of Cookies or this Cookies Policy, please contact us at: info@tucci-law.com 

 

11. Misrepresentation 

Please note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages under Section 512(f) of the DMCA. This includes any damages incurred by the alleged infringer, by the copyright owner, or by any copyright owner’s licensee, or by us, as a result of our reliance on such misrepresentation in removing or disabling access to the material claimed to be infringing. 

12. Privacy Policy 

Your provision of personal information through the Website is governed by our privacy policy located at (the "Privacy Policy"). 

13. Governing Law 

The Website and these Terms of Service will be governed by and construed in accordance with the laws of the State of North Carolina and any applicable federal laws applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location. Any action or proceeding arising out of or relating to this Website and/or under these Terms of Service will be instituted in Mecklenburg County, North Carolina, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts. 

14. Severability 

If any provision of these Terms of Service is determined to be illegal or unenforceable under applicable law, then that part of the provision will be severed, and the remainder will be amended to achieve as closely as possible the effect of the original term.  All other provisions of these Terms of Service will continue in full force and effect. 

15. Entire Terms of Service 

These Terms of Service constitute the complete Terms of Service between the parties in relation to its subject matter and replaces all prior or simultaneous Terms of Services, agreements, understandings or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledges that they are not relying on any statements, warranties or representations given or made by any of them in relation to the subject matter of these Terms of Service, except those expressly set out in these Terms of Service, and that they shall have no rights or remedies with respect to such subject matter otherwise than under these Terms of Service except to the extent that they arise out of the fraud or fraudulent misrepresentation of another party. No variation of these Terms of Service shall be effective unless it is in writing and signed by or on behalf of the Firm. 

16. Waiver 

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. 

 

 

17. Notice 

We may provide any notice to you under these Terms of Service by: (i) sending a message to any email address you provide to us and consent to us using; or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. 

To give us notice under these Terms of Service, you must contact us as follows: (i) by personal delivery, overnight courier or registered or certified mail to Tucci Law PLLC, 99 Jackson Street, Suite 745, Davidson NC 28036. We may update the address for notices to us by posting a notice on this Website. Notices provided by personal delivery will be effective immediately once personally received by an authorized representative of the Firm. Notices provided by overnight courier, or registered or certified mail will be effective once received and where confirmation has been provided to evidence the receipt of the notice.