Terms of Service

PLEASE REVIEW THESE TERMS OF USE BEFORE USING THE VELELLA & BASSO WEBSITE.  This is a legal agreement (the “AGREEMENT”) between you (“YOU” or “YOUR“) and VELELLA & BASSO  (“VELELLA & BASSO”) regarding Your use of VELELLA & BASSO’s website and related non-legal services (collectively, the “WEBSITE”).  By using the WEBSITE, You represent and warrant that You have read and understood, and agree to be bound by, the Agreement and VELELLA & BASSO’s Privacy Policy (the “PRIVACY POLICY”).

By using the WEBSITE, You further represent and warrant that You are 18 years old or older, and that You are otherwise legally qualified to enter into contracts under applicable law.  IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, OR ARE NOT LEGALLY QUALIFIED TO ENTER INTO CONTRACTS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.

Changes / Modifications

Velella & Basso may, at any time revise this AGREEMENT or the PRIVACY POLICY by posting amended versions on the WEBSITE.  Any changes will be effective immediately upon posting.  It is Your responsibility to review this AGREEMENT and the PRIVACY POLICY periodically.  IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE. Unless Velella & Basso obtains Your express consent, any revised PRIVACY POLICY will apply only to information collected by VELELLA & BASSO after such time as the revised PRIVACY POLICY takes effect.

Velella & Basso also may, at any time and without notice, modify or discontinue the WEBSITE.  You agree that Velella & Basso shall have no obligation of any sort in connection with any modification or discontinuance of the WEBSITE.

Informational Purposes Only

Velella & Basso hereby grants You a non-exclusive license to download and display the WEBSITE, and to reproduce the content located thereon, in each case solely for Your personal, non-commercial use.  Velella & Basso provides the WEBSITE for information purposes only. THE WEBSITE DOES NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, LEGAL ADVICE OR OPINION.

No Attorney-Client Relationship

YOUR USE OF THE WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND VELELLA & BASSO.  SIMILARLY, THE TRANSMISSION OF INFORMATION TO AND FROM VELELLA & BASSO BY MEANS OF THE WEBSITE IS NOT AN ATTORNEY-CLIENT COMMUNICATION. 

If You would like Velella & Basso to represent You, You should contact us by telephone or via the provided links.  If Velella & Basso agrees to represent You, we will inform You by e-mail or telephone, and will provide an engagement agreement setting forth the basis of the representation.  Unless and until You have executed and returned that engagement agreement, and Velella & Basso has confirmed its receipt, no attorney-client relationship exists.

Unless an attorney-client relationship exists between You and Velella & Basso, You shall not represent to any third party, either directly or by implication, that You are represented by the Velella & Basso, or that Velella & Basso is in any way involved in Your matter.  Without limiting the foregoing, unless an attorney-client relationship exists between You and the Velella & Basso, You shall not copy Velella & Basso, or any attorney or employee of Velella & Basso, on any e-mails or letters in a manner that could reasonably be interpreted by any third party to mean that You are represented by Velella & Basso.

No Attorney-Client Privilege

BECAUSE YOU ARE NOT A CLIENT OF VELELLA & BASSO, INFORMATION PROVIDED BY YOU TO VELELLA & BASSO MAY NOT BE PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE. It is possible that Velella & Basso already represents, or in the future may represent, a party whose interests are adverse to Yours.  In that case, Velella & Basso may not be able to treat information received from You as privileged.

Prohibited Uses

You represent and warrant that You will not use the WEBSITE to:

  1. Upload or transmit content that violates the privacy, intellectual property or other proprietary rights of any third party;
  2. Transmit viruses, Trojan horses, worms, malicious code or other harmful or destructive content;
  3. Violate this AGREEMENT, the PRIVACY POLICY or any applicable law or regulation, including without limitation laws designed to regulate unsolicited e-mail or other electronic advertising;
  4. Harm the goodwill or standing of Velella & Basso or any of its clients, partners, employees, affiliates, agents, contractors or representatives;
  5. Attempt to probe, scan, test or violate the security features of the WEBSITE or of any associated system or network, or to obtain unauthorized access to materials or other information stored thereon;
  6. Attempt to interfere with the use of the WEBSITE by any other user.

Velella & Basso reserves the right to cooperate fully in any investigation by law enforcement officials of any violation of this AGREEMENT.

Third-Party Websites

The WEBSITE may contain links to websites operated by third parties (“THIRD-PARTY WEBSITES”).  Velella & Basso does not have control over THIRD-PARTY WEBSITES, each of which may be governed by its own terms of service and privacy policy.  Velella & Basso has not reviewed, and cannot review, THIRD-PARTY WEBSITES, and therefore does not warrant or endorse any THIRD-PARTY WEBSITE or the content appearing thereon.  By visiting or using THIRD-PARTY WEBSITES, You assume all responsibility and liability for all resulting harms, whether to You or to any third party, including without limitation as resulting from Your downloading or use of any content, software or other materials available therefrom.

Intellectual Property

The content located on the WEBSITE is the copyrighted property of Velella & Basso or its licensors. Similarly, the Velella & Basso name, the website domain name, registered marks, and all other names and logos used by Velella & Basso in connection with the offering of Velella & Basso’s goods and services are the trademarks and service marks, or registered trademarks or registered service marks, of Velella & Basso or its licensors. Except as explicitly permitted, neither Your use of the Website nor this AGREEMENT grants You any right, title or interest in or to Velella & Basso and Velella & Basso’s licensors’ copyrights, trademarks and service marks. Copyright © 2020 to the present, Velella & Basso.  ALL RIGHTS RESERVED.

Disclaimer of Warranties

VELELLA & BASSO HEREBY DISCLAIMS ALL WARRANTIES.  THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.”  TO THE MAXIMUM EXTENT PERMITTED BY LAW, VELELLA & BASSO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. OPERATION OF THE WEBSITE MAY NOT BE UNINTERRUPTED OR ERROR FREE.  YOU ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ALL HARMS, WHETHER TO YOU OR TO ANY THIRD PARTY, ARISING OR RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION AS RELATE TO ANY DAMAGE TO YOUR SYSTEMS OR DATA.

Limitation of Liability

THE LIABILITY OF VELELLA & BASSO IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VELELLA & BASSO SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF ANY ADVICE OR NOTICE GIVEN TO VELELLA & BASSO, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE. ADDITIONALLY, THE MAXIMUM LIABILITY OF VELELLA & BASSO UNDER ALL CIRCUMSTANCES WILL BE THE AMOUNT PAID BY YOU TO VELELLA & BASSO IN CONSIDERATION OF YOUR USE OF THE WEBSITE OR $25, WHICHEVER IS LESS. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN VELELLA & BASSO AND YOU. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

Reservation of Rights

Without limiting any other provision of this AGREEMENT, Velella & Basso reserves the right to, in its sole discretion and without notice or liability, deny use of the WEBSITE to any person for any reason or no reason at all.

Choice of Law; Jurisdiction and Venue

The WEBSITE is located and operated by Velella & Basso in the State of New York.  This AGREEMENT shall be interpreted and enforced as though executed in the State of New York, and shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law principles.  THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THE WEBSITE OR THIS AGREEMENT WILL BE THE STATE AND FEDERAL COURTS LOCATED IN THE STATE OF NEW YORK.  THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.

Entire Agreement; Amendment

This AGREEMENT constitutes the entire agreement between Velella & Basso and You concerning Your use of the WEBSITE.  This AGREEMENT may only be modified as stated above, or by amendment signed by an authorized representative of Velella & Basso.

Severability; Waiver

If any part of this AGREEMENT is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.  A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Assignment

This AGREEMENT and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of Velella & Basso.  Notwithstanding the foregoing, this AGREEMENT will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Relationship

Without limiting any other provision of this AGREEMENT, this AGREEMENT creates no agency, partnership, joint venture or employee-employer relationship between You and Velella & Basso.