Terms of Use

Thank you for visiting the website of The Mesothelioma Society, an affiliate of The Law Offices of Brian Cunha, LLC.

1. Defined Terms
(i) “Cunha” means The Law Offices of Brian Cunha, LLC.
(ii) The Mesothelioma Society, Internet Illuminations, LLC and Cunha are collectively referred to as the “Cunha Group.”
(iii) “Law Firm Affiliates” includes any attorney, lawyer and/or law firm to which Cunha may refer any potential legal case, collectively, as well as all of their officers, directors, shareholders, partners, employees, independent contractors and affiliates, collectively.
(iv) Cunha, each member of the Cunha Group and each member of the Cunha Attorney Group are collectively referred to the “Extended Cunha Group”.

2. Purpose
This website was created by the Cunha Group so that you can learn more about mesothelioma and the legal services that the Cunha Attorney Group offers. This website is for informational purposes only. None of the information at this website is intended to constitute, nor does it constitute, legal advice, and none of the information necessarily reflects the opinions of any member of the Extended Cunha Group.

3. No Attorney-Client Relationship Will be Created
This information is not intended to create an attorney-client relationship between any member of the Cunha Attorney Group and the visitors of the website. Neither the transmission nor receipt of this website material will create an attorney-client relationship between sender and receiver. An attorney-client relationship with any member of the Cunha Attorney Group cannot be formed by reading the information at this website. The only way to become a client is through a mutual agreement in a formal letter agreement. This website is not soliciting clients and does not propose any type of legal representation or other transaction or relationship. You should not act or rely on any information at this website without seeking the advice of a competent attorney. The determination of whether you need legal services and your choice of a lawyer are very important matters that should not be based on websites or advertisements.

The material contained herein is general in nature and may not apply to particular factual or legal circumstances. No member of the Cunha Group undertakes to update any material in this website to reflect subsequent legal or other developments. Internet and online subscribers and readers should not act on this information without seeking competent legal counsel.

4. Terms of Use and Privacy Statement
We have written this “Terms of Use and Privacy Statement” (referred to below as the “Terms of Use”) to outline the conditions under which this website is being made available to you. Read the Terms of Use carefully. By using this website, you will be deemed to have accepted them. If you do not accept the Terms of Use, you are directed to discontinue accessing or otherwise using the website or any materials obtained from it.

5. Legal Notice and Disclaimers
The information provided on this website is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered. This information is not intended to create any legal relationship between (i) any member of the Cunha Attorney Group and (ii) the user. Neither the transmission nor receipt of these website materials will create an attorney-client relationship between sender and receiver.

The information is not guaranteed to be correct, complete, or current. We make no warranty, expressed or implied, about the accuracy or reliability of the information on this website or on any other website to which this website is linked.

THIS WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND EACH MEMBER OF THE CUNHA GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

EACH MEMBER OF THE EXTENDED CUNHA GROUP DISCLAIMS ANY AND RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO:

  1. ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS;
  2. ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM;
  3. THE UNAVAILABILITY OF THIS WEBSITE OR ANY PORTION THEREOF;
  4. YOUR USE OF THIS WEBSITE; AND/OR
  5. YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE.

6. Personal Information Submitted to and/or Through This Website
Any information that you send us in an e-mail message might not be confidential or privileged. The Cunha Group makes reasonable efforts to protect personal information submitted by users of the website. However, no server is 100 percent secure, and you should take this into account when submitting personal or confidential data about yourself on any website, including this one.

Additionally, while the website does not gather your name, email address or similar information about you without your knowledge or consent, the website does permit you to voluntarily submit data about yourself so that Cunha or other members of the Cunha Attorney Group can provide you with requested services. The information gathered will be incorporated into our mailing database and will not be sold to third parties for marketing purposes. At your request, we will remove your personal information from our files.

7. Right to Decline Any Representation
Cunha and every other member of the Cunha Attorney Group reserves the right to decline any legal or other representation. Cunha and/or other members of the Cunha Attorney Group may be required to decline representation if it would create a conflict of interest with other clients.

If you are interested in having Cunha represent you, you should call us so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. We will not make this determination by e-mail communication.

8. Terms of Use May be Modified by the Cunha Group
The Cunha Group periodically changes, adds, or updates the material on this website without notice. No member of the Cunha Group assumes no liability or responsibility for any errors or omissions in the contents of this website. Your use of this website is at your own risk. Under no circumstances shall Cunha or any other party involved in the creation, production or delivery of this website be liable to you or any other person for any indirect, special, incidental, or consequential damages of any kind arising from your access to, or use of, this website.

9. Third-Party Websites
This website may occasionally contain links to third party websites for the convenience of our users. Cunha does not endorse any of these third party websites and does not intent to imply any association between the firm and the party(ies) involved. Furthermore, Cunha does not control these third party websites and cannot represent that their policies and practices will be consistent with these Terms of Use. If you use any links to websites not maintained by Cunha, you do so at your own risk. Cunha is not responsible for the contents or availability of any linked websites. These links are provided only as a convenience to the recipient.

10. Legal and Ethical Requirements
Cunha has attempted to comply with all legal and ethical requirements in compiling this website. We do not want to represent clients based on their review of any portion of this website that does not comply with legal or ethical requirements.

11. Address and Telephone Number
To the extent that the professional responsibility rules of any jurisdiction require us to designate a principal office or an attorney responsible for this website, Cunha designates its office at 904 Broadway, East Providence 02914 and its managing partner, Brian Cunha. The telephone number for Cunha is (401) 434-5300.

12. State Advertising Disclaimers
Alabama: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Colorado: Colorado does not certify attorneys as specialists in any field.

Florida: The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

Iowa: The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by rule of the Supreme Court of Iowa.

NOTICE TO THE PUBLIC: Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a lawyer is a specialist or expert in a field of law, nor do they mean that such a lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa.

Kentucky and Oregon: THIS IS AN ADVERTISEMENT.

Mississippi: The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements.

Missouri: Neither the Supreme Court of Missouri nor the Missouri Bar reviews or approves certifying organizations or specialist designations.

Nevada: The State Bar of Nevada does not certify any lawyer as a specialist or expert.

New Mexico: LAWYER ADVERTISEMENT.

Tennessee: None of the attorneys in this firm are certified as a Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor’s Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Estate Planning or Elder Law specialist by the Tennessee Commission on Continuing Legal Education and Specialization. Certification as a specialist in all other listed areas is not currently available in Tennessee.

Texas: Unless otherwise stated, our attorneys claiming certification in an area of law are not certified by the Texas Board of Legal Specialization.

Wyoming: The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability, and not rely upon advertisements or self-proclaimed expertise.

13. Lawyer’s Listings
The information in the directory of lawyers is provided by the listees. No member of the Extended Cunha Group warrants the validity of the information, nor does any member guarantee the quality of the work product.

The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No member of the Cunha Group reviews the contents of the listings, which are provided by the listees or any links. No member of the Cunha Group is responsible for any material or information contained in the linked websites or provided by listees.

A description or indication of limitation of practice by a lawyer does not mean that any agency or board has certified such lawyer as a specialist or expert in any indicated field of law practice, nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer.

All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered.

14. Ownership, License & Restrictions On Use
As between the Cunha Group and you, all right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this website belongs to the Cunha Group, its licensors, or its listees. In addition, the names, images, pictures, logos and icons identifying the Cunha Group’s products and services in many countries are proprietary marks of the Cunha Group and/or its subsidiaries or affiliates. Except as expressly provided below, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.

You are hereby granted a nonexclusive, nontransferable, limited license to view and use information retrieved from this website provided solely for your personal, informational, non-commercial purposes, and provided you do not remove or obscure the copyright notice or other notices. Except as expressly provided above, no part of this website, including but not limited to materials retrieved there from and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means. In no event shall materials from this website be stored in any information storage and retrieval system without prior written permission from Cunha.

Use, duplication, or disclosure by or for the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c)1)(ii) and FAR 52.227-19.

15. Limitation Of Liability
A covered party (as defined below) shall not be liable for any direct, indirect, incidental, special, or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees and lost profits or savings) in any way due to, resulting from, or arising in connection with this website, including its content, regardless of any negligence of any covered party. “Covered party” means Cunha, its affiliates, its listees, and any officer, director, employee, subcontractor, agent, successor, or assign of Cunha, its affiliates, and its listees.

16. Governing Laws in Case of Dispute; Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, USA, as they apply to agreements made and solely performed therein. Disputes arising hereunder shall be exclusively subject to the jurisdiction of the federal courts of the United States of America in the Commonwealth of Massachusetts and/or the state courts of the Commonwealth of Massachusetts and jurisdiction therefore shall rest solely and exclusively in the Commonwealth of Massachusetts, USA.

17. Entire Agreement; Severability
These Terms of Use incorporate by reference any notices contained on this website and constitute the entire agreement with respect to your access to and use of this website. If any provision of these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

18. Section and Paragraph Headings
The section and paragraph headings in this Terms of Use are for convenience and identification only and are in no way intended to describe, define, alter, modify, amend, limit, or restrict the scope, extent, or intent of this Terms of Use.

19. Copyright Notice
Material available in this website is protected by copyright law. Copyright © 2009.