PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE, INCLUDING THE ‘FREE CONSULTATION QUESTIONNAIRE’, SCHEDULING A FREE CONSULTATION WITH AN ATTORNEY AT WINK & WINK, P.C., OR RETAINING THE SERVICES OF WINK & WINK, P.C.
By using the Wink & Wink, P.C. website, including the ‘Online Consultation Questionnaire’, or otherwise having a free consultation with an attorney at Wink & Wink, P.C., you agree to follow and be bound by these terms and conditions and agree to comply with all applicable laws and regulations. In these Terms and Conditions, the words “you” and “your” refer to: i) each visitor to or user of the Wink & Wink, P.C. website; ii) each person, couple, or business entity who has a free consultation meeting with an attorney at Wink & Wink, P.C.; and iii) every prospective client and actual client of Wink & Wink, P.C. “We”, “us” and “our” shall refer to Wink & Wink, P.C. and ‘services’ refers to all services provided by Wink & Wink, P.C.
It is your responsibility to review these Terms and Conditions. If at any time you find these Terms and Conditions to be unacceptable or if you do not agree with them, please do not use this website and any Services provided by Wink & Wink, P.C.
These Terms and Conditions require arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
Wink & Wink, P.C. is a bankruptcy law firm and debt relief agency as defined in the Bankruptcy Abuse and Prevention and Consumer Protection act of 2005 (BAPCPA), and that Wink & Wink helps people file for relief under the bankruptcy code and also helps people negotiate settlements of their debt with their creditors. Wink & Wink, P.C. is currently only licensed to represent Debtors in litigation or bankruptcy in the State of Colorado.
Your use of any information on this website, including the ‘Online Consultation Questionnaire’ does not establish an attorney-client relationship. Similarly, a free consultation meeting with an attorney at Wink & Wink, P.C. does not establish an attorney-client relationship. An attorney-client relationship can only be established with Wink & Wink, P.C. by: i) a written Fee Agreement Contract signed by both the client and a partner in Wink & Wink, P.C.; and ii) client’s payment of an initial retainer amount to Wink & Wink, P.C. as set forth in the Fee Agreement Contract. Specific terms and conditions of Wink & Wink, P.C.’s representation of a client will be established in the Fee Agreement Contract. You understand that Wink & Wink, P.C. will not perform any legal services or bankruptcy assistance until an attorney-client relationship is established.
Any information provided to you by Wink & Wink, P.C. prior to the execution of a written Fee Agreement Contract and your payment of an initial retainer amount to Wink & Wink, P.C., including information provided through this website, information provided as part of the ‘Online Consultation Questionnaire’, and information provided during a free consultation meeting with an attorney, is general in nature and not legal advice.
You agree that all decisions you make on a legal matter are your full responsibility and you agree to retain legal counsel licensed in your jurisdiction regarding any legal issue of enough importance to reasonably require it. You understand that Wink & Wink advises that preparing for a bankruptcy or filing for bankruptcy are of enough importance to require you to retain legal representation.
- What personally identifiable information is collected from you through this website and by Wink & Wink, P.C., how it is used and with whom it may be shared.
- What choices are available to you regarding the use of your data.
- How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
All information received by Wink & Wink through this website, through the ‘Online Consultation Questionnaire’, through an initial consultation meeting, and or through the scope of Wink & Wink, P.C.’s representation of you will be kept confidential. We will not sell or rent this information to anyone.
We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request (ex., refer you to an appraiser or tax professional) and provide the services for which you retain Wink & Wink, P.C. (ex., Bankruptcy Trustee).
Your Access to and Control Over Information
- See what data we have about you, if any.
- Change/correct any data we have about you.
- Have us delete any data we have about you.
- Express any concern you have about our use of your data.
Terms and conditions regarding termination of a Fee Agreement Contract with Wink & Wink, P.C. are governed by the Fee Agreement Contract. Upon termination of a Fee Agreement Contract with Wink & Wink, P.C., we will bill the Client at our normal hourly rates as provided in the Fee Agreement Contract plus costs. If the Client has paid a retainer in excess of these amounts billed at termination, Wink & Wink, P.C. will refund the unearned retainer to Client.
OWNERSHIP AND USAGE
This website and the ‘Online Consultation Questionnaire’ are owned by Wink & Wink, P.C. All right, title, and interest in and to the materials provided on this Site, including but not limited to information, tools, applications, documents, logos, graphics, sounds and images (‘Materials’) are owned by Wink & Wink, P.C. or by our respective third party authors, developers, or vendors. Wink & Wink, P.C. hereby grants you permission to download, view and copy and print the Materials solely for your personal, informational, non-commercial use. Otherwise, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way. Nothing on this website shall be construed to grant a user any license under any of Wink & Wink, P.C.’s intellectual property rights.
LINKS TO THIRD PARTY SITES
This Site and Applications may contain links to websites controlled by parties other than Wink & Wink, P.C. (each a “Third Party Site”). Wink & Wink, P.C. works with a number of partners and affiliates whose sites may be linked with this site. Wink & Wink, P.C. is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. Wink & Wink, P.C. makes no guarantees about the content or quality of the products or services provided by such sites. Wink & Wink, P.C. provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Wink & Wink, P.C. of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Wink & Wink, P.C. is not responsible for any loss or damage of any sort you may incur from dealing with a third party.
Any controversy or claim arising out of or relating to your use of this website, including but not limited to your use of the ‘Online Consultation Questionnaire’, or your attending a free consultation meeting with an attorney at Wink & Wink, P.C. shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Denver, Colorado. Colorado law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Neither party shall have the right to litigate such claim in court or to have a jury trial. Also, discovery and appeal rights are limited in arbitration.
In addition, arbitration must be on an individual basis. This means the neither you nor we may join or consolidate claims in arbitration by or against other users, or litigate in court or arbitrate any claims as a representative or member of a class.
Wink & Wink, P.C. expressly disclaims all warranties of any kinds, whether express or implied, for all Materials on this website. Wink & Wink, P.C. makes no warranty that: i) this site and its Materials, including the ‘Online Consultation Questionnaire’, will meet your requirements; ii) this site and its Materials will be available on an uninterrupted, timely, or secure basis; or iii) the information provided by this site or that the conclusions drawn or results reached by users of this site will be accurate or reliable.
LIMITATION OF LIABILITY AND INDEMNIFICATION
Except as prohibited by law, you will hold Wink & Wink, P.C. and its officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with your use of this website, including but not limited to your use of the ‘Online Consultation Questionnaire’, or your attending a free consultation meeting with an attorney at Wink & Wink, P.C. This limitation of liability shall extend without limitation to any claim for personal injury or property damage, arising from your use of this website, including but not limited to your use of the ‘Online Consultation Questionnaire’, or your attending a free consultation meeting with an attorney at Wink & Wink, P.C.
Although we cannot make an absolute guarantee of system security, Wink & Wink, P.C. takes reasonable precautions to protect your information.