By using, participating in, or accessing our Services, you acknowledge that you accept and consent to these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our services.
Confidentiality: Your information is fully protected under ATTORNEY-CLIENT PRIVILEGE. All information and communication pertaining to your, issue share with us, is safe and protected under this privilege. The privilege is yours, and unless you waive this privilege, our firm, attorneys and supporting staff are bound by it. Under law, Cabilly & Co. shall not disclose, or be allowed to disclose such communication, nor shall a client be compelled to disclose such communication, in any action, disciplinary trial or hearing, or administrative action, proceeding or hearing conducted by or on behalf of any state, municipal or local governmental agency or by the legislature or any committee or body thereof. Evidence of any such communication obtained by any such person, and evidence resulting therefrom, shall not be disclosed by any state, municipal or local governmental agency or by the legislature or any committee or body thereof. The relationship of an attorney and client exists under article fifteen of the business corporation law to practice as an attorney and counselor-at-law and the clients to whom it renders legal services.
Cabilly & Co. may only disclose such information: (i) with your informed consent; (ii) to the extent necessary to rectify fraud or illegal conduct by you in the course of the engagement; (iii) if the you communicated an intention to commit a crime; (iv) if required by law or court order; or (v) as necessary to collect a fee or to defend against allegations of wrongful conduct.
Cabilly & Co. personal: you acknowledge that you are engaging Cabilly & Co. and not any individual which includes the talent and expertise of attorneys, associates, paralegals and clerical staff.
No Guarantee of Success: We guarantee to utilize the experience and knowledge we have gained over the years. However, it is impossible to provide any promise or guarantee about the outcome of your issue. Nothing in the statements made by Cabilly & Co. in dealing with your issue constitutes a promise or guarantee. We do not guarantee a successful reinstatement, or a positive outcome. Moreover, as Amazon reserves its right to amend, change, update, remove or add to its policies, it is impossible to anticipate when or what changes are imminent. Therefore, the work provided by Cabilly & Co. is based on the information available to Cabilly & Co. at the time service is rendered.
Right to Terminate: You have the right to terminate your engagement with Cabilly & Co. at any time, subject to payment of any final billings. Likewise, Cabilly & Co. reserves the right to withdraw from the engagement, and from representing you, subject to the ethical restrictions imposed on us by the applicable Rules of Professional Responsibility, if Cabilly & Co. decides that a potential conflict of interest may arise; if you fail to cooperate; if you chronically fail to make timely payments; if you request that Cabilly take any position or action that in our good faith opinion requires or permits our withdrawal because of professional duties imposed upon us by the applicable Rules of Professional Responsibility; or if there is an absence of trust and confidence essential to the attorney client relationship. If Cabilly seeks to terminate this engagement for any reason, reasonable notice will be given to you.
Limits of consequential damages: In no event and under no legal theory (whether in contract, tort, negligence or otherwise) will Cabilly & Co., its affiliates or their respective officers, directors, employees, agents, suppliers or licensors be liable to you or to any third party for any indirect, incidental, special, exemplary, consequential, punitive or other similar damages, including lost profits, lost sales or business, lost data, business interruption or any other loss incurred by you or such party in connection with these terms or the service, regardless of whether such you have been advised of the possibility of or could have foreseen such damages.
Limits on monetary damages: Cabilly & Co.’s (including any of its affiliates) aggregate liability, for damages (monetary or otherwise) claimed by you or any third party arising from our services, shall be limited to the lesser of (a) actual damages incurred, or (b) payments made by you for the service rendered, during the twelve (12) months preceding the claim. The parties acknowledge the fees charged by Cabilly & Co. for the service provided reflects the allocation of risks under these terms between the parties and limits their potential liability. Otherwise, such fee would have been substantially higher. All parties involved have relied on these limitations in determining whether to enter into these terms.
Arbitration: Part 137 of the Rules of the Chief Administrator of the courts of the State of New York provides that in certain circumstances a client has the right to require arbitration of disputes relating to legal fees. In the event of the existence of any such disputes, you should review Part 137 in order to determine whether you have the right to require arbitration thereunder.
The above represents the terms of your engagement with Cabilly & Co. If you have any questions or concerns about these terms, please contact us immediately. By checking the box below, you acknowledge that you have read the above TOS and accept and consent to these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our services.