Welcome to https://www.dibellalawoffice.com/good-deeds/ (the “Site”), which is owned by DiBella Law Offices, P.C. (“we” or the “Firm”). The Site is offered to you (“Participant” or “you”) conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms” or the “Agreement”). Your use of the Site constitutes your agreement to all such Terms.
The goal of the Good Deeds by DiBella campaign (“Campaign”) is to offer assistance to individuals in the Commonwealth of Massachusetts by purchasing or facilitating the purchase of goods or services, which individuals express a need or desire for, through the submission of a request through the Campaign Site. Entry does not constitute a guarantee to win, and the selection and manner of selection of winners is at the Firm’s sole discretion.
- How to Make a Submission
Fill out the online entry form on the Site. In order to be eligible for selection, the entry must include each of the following: 1) your first and last name, 2) the complete address for your legal residence, 3) your email address, 4) your phone number, and 5) information about the a) type of help you are seeking, and b) how this would directly impact or benefit you or your family. Submissions that do not contain all of the preceding information will not be considered. All submissions must be in English. - Selection
All submissions will be reviewed for eligibility by the Firm or by representatives selected by the Firm. Selection of winners will be at the Firm’s sole discretion, and decisions of the Firm and/or its authorized representative(s) are final and binding on all matters relating to the Campaign. Winners that are selected by the Firm will be contacted by mail and/or email based on the information provided by the winner when entering. A Participant is not eligible to receive assistance from the Firm unless and until all of the following criteria are met: 1) Participant submits all required information as outlined in Section 1, 2) Participant’s eligibility has been verified by the Firm in the manner set forth in Section 3, and 3) Participant receives written notification from the Firm, or from an authorized representative of the Firm, that Participant’s entry has been selected as a winner. - Verification of Submissions
Eligibility of all Participants is subject to verification by the Firm, whose decisions are final and binding in all matters related to the Campaign. Submissions must be in English and must be true. The Firm reserves the right to verify the accuracy of any and all information submitted by Participants. Each submission must be unique, must be the Participant’s original creation, may not have been publicized elsewhere, may not have previously won another contest or award, may not infringe on third party rights (including, without limitation, trademark, copyright, and/or any other intellectual property rights), and must be suitable for publication and consistent with the Firm’s brand image, as determined by the Firm at its sole discretion. Submissions may not defame any individual or violate the right of publicity or privacy of any person, living or dead.Bulk, automated, and/or third party entries are prohibited and will not be considered. Multiple Participants are not permitted to share the same email address. Any attempt by any Participant to enter multiple, different, and/or false submissions will disqualify said Participant’s submission(s), at the Firm’s discretion. In the event of a dispute as to a submission’s owner, the authorized account holder of the email address used to create the submission will be deemed to be the Participant. For the purposes of this Agreement, the “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. Submissions specifying an invalid, non-working, or inactive email address, may be disqualified and ineligible for consideration.Submissions not complying with all requirements outlined herein are subject to disqualification at the Firm’s sole discretion. - Eligibility
Participants must be legal residents of the Commonwealth of Massachusetts who are 18 years of age or older at the time of submission. Void outside of Massachusetts and where prohibited by law. Campaign is subject to all applicable federal, state, and local laws, regulations, and ordinances. The Firm’s employees, officers, and directors, as well as their respective parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers, web masters, and members of their immediate families (spouses, parents, siblings, and children, regardless of where they live) and those living in the same household are not eligible to participate. Participation constitutes Participant’s full and unconditional agreement to all Terms. - Privacy
All submissions are the exclusive property of the Firm and will not be returned. By using the Site and/or participating in the Campaign, you agree that personal data including, but not limited to name, mailing address, phone number, and email address (“Personal Information”) may be collected, processed, stored, and otherwise used by the Firm, or any party authorized by the Firm for the purposes of conducting and administering the Site or the Campaign. The Firm and its agents, affiliates, subsidiaries, representatives, and service providers may use any and all Personal Information submitted by Participants through the Site for Campaign entry. Personal Information may also be used by the Firm and its authorized representative(s) to verify a Participant’s eligibility. Participants further agree that their Personal Information may be used to administer the Campaign or fulfill additional terms of the Campaign, as well as to contact you about the Campaign.Personal Information may be shared by the Firm and its authorized representative(s) with any third-party for the express purposes of fulfilling the Terms of the Campaign or another service that you have requested. Personal Information may also be shared by the Firm and its authorized representative(s) in order to comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or legal proceedings, and to protect and defend the Firm’s rights or property. - Children Under Thirteen
The Firm does not knowingly collect, either online or offline, Personal Information from persons under the age of thirteen. If you are under 18, you may use the Site only with the permission of a parent or guardian. - Links to Third Party Sites/Third Party Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Firm and the Firm is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Firm is providing these links to you only as a convenience, and the inclusion of any link does not constitute or imply endorsement by the Firm of the Linked Site or any association with its operators.Certain services made available through the Campaign are delivered by third party sites and organizations. By using any product, service, or functionality originating from the Site domain, you hereby acknowledge and consent that the Firm may share such information and data with any third party with whom the Firm has a contractual relationship to provide the requested product, service, or functionality on behalf of the Firm. - Use of the Site
You are granted a non-exclusive, non-transferrable, revocable license to access and use the Site strictly in accordance with the Terms set forth herein. As a condition of your use of the Site, you warrant to the Firm that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You many not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of the Firm and/or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Firm’s content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the Firm. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Firm or its licensors except as expressly authorized by these Terms. - International Users
The Site is controlled, operated, and administered by the Firm and its affiliates from offices within the United States of America (“USA”). If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations. - Indemnification
You agree to indemnify, defend, and hold harmless the Firm, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) in relation to or arising out of your use of or inability to use the Site or services, any user postings made by you, or your violation of any applicable laws, rules, or regulations. The Firm reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Firm in asserting any available defenses. - Arbitration
In the event the parties are not able to resolve a dispute between them arising out of or concerning the Terms of this Agreement, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns the Terms of this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms, whether directly or indirectly, including tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of this Agreement. - Class Action Waiver
Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any putative class, collective, and/or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and the Firm agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. - Liability Disclaimer
The information, software, products, and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Firm and/or its suppliers may make improvements and/or changes to the Site at any time.The Firm and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, or accuracy of the information, software, products, services, or related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Firm and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for particular purpose, title, and non-infringement.To the maximum extent permitted by applicable law, in no event shall the Firm and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever, including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Site, with the delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Firm or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Site. - Access Restriction/Applicable Law
The Firm reserves the right, at its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this Agreement is governed by the laws of the Commonwealth of Massachusetts and you hereby consent to the exclusive jurisdiction and venue of courts in Massachusetts in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. - Relationship of the Parties
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Firm as a result of this Agreement or use of the Site. - Severability
The Firm’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of the Firm’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Firm with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then 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 continue in effect. - Entire Agreement
Unless otherwise specified herein, this Agreement constitutes the entire Agreement between you and the Firm with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Firm with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English. - Headings
The headings and subheadings herein are inserted for convenience of reference only and are not to be used in construing this instrument or any provision thereof. - Changes to Terms
The Firm reserves the right, at its sole discretion, to change the Terms under which the Site and the Campaign are offered. The most current version of the Terms will supersede all previous versions. The Firm encourages you to periodically review the Terms to stay informed of any updates. - Contact Us
The Firm welcomes your questions or comments regarding the Terms:
DiBella Law Offices, P.C.
45 Osgood Street Suite 302, Methuen, MA 01844
Email Address: chris.dibella@dibellalawoffice.com
Telephone number: (978) 327-5140
Effective as of 9/18/2018.
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