Last Updated: February 16, 2026
Welcome to Pain Injury Law, a d/b/a of Pena Persaud Law PLLC. These Terms of Use (“Terms”) govern your access to and use of our website, our digital client portal (the “Command Center”), and all associated software and communication services (collectively, the “Platform”).
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A MANDATORY ARBITRATION PROVISION, A CLASS ACTION WAIVER, AND LIMITATIONS OF LIABILITY REGARDING THE TECHNICAL USE OF THIS SOFTWARE. BY USING THIS PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS.
1. LEGAL & ADVERTISING DISCLAIMERS
- Attorney Advertising: This Platform constitutes Attorney Advertising under the laws of New York.
- No Guarantees: Prior results do not guarantee a similar outcome.
- Dramatizations: Certain Platform content may contain dramatizations or actors used for demonstrative purposes.
- Financial Disclosures: Contingent attorney fees are negotiable and not set by law. You are not responsible for legal fees unless we recover money for you.
- Responsible Attorney: Josephine Pena Persaud. Office: 9052 Desarc Rd, Jamaica, NY 11417.
2. NO LEGAL OR MEDICAL ADVICE
The content on this Platform is for informational purposes only. Nothing on this Site constitutes legal or medical advice. Do not use this Platform for medical emergencies. Uploading records to the Command Center does not constitute medical treatment. You rely on any general informational content contained herein at your own absolute risk.
3. THE PORTAL: SCOPE OF RELATIONSHIP
Creating an account or uploading documents grants you the confidentiality protections of a “Prospective Client” under NY Bar Rules, but it DOES NOT create a formal attorney-client relationship for the purposes of litigation. An attorney-client relationship that obligates the Firm to represent you, file lawsuits, or meet legal deadlines is only formed after you and an authorized attorney of Pena Persaud Law PLLC have fully executed a formal, written Retainer Agreement.
4. STATUTE OF LIMITATIONS WARNING (ASSUMPTION OF RISK)
Every legal claim is subject to a strict legal deadline. Pain Injury Law expressly disclaims all liability for any expired claims, missed deadlines, or lost rights if you have not formally retained our firm via a fully executed written Retainer Agreement.
5. TCPA, DNC OVERRIDE, & COMMUNICATIONS CONSENT
By providing your telephone number via an affirmative, unchecked opt-in box presented at the point of data collection, you expressly consent to receive informational, transactional, and promotional communications from us.
- Methods: You agree that we may contact you via SMS/Text, phone calls, and voicemails. You expressly consent that these communications may be delivered using an Automatic Telephone Dialing System (ATDS), automated routing software, or artificial/prerecorded voice messages.
- DNC Override: You agree that submitting your info serves as an inquiry under the Telemarketing Sales Rule, overriding any “Do Not Call” (DNC) registry status.
- Revocation of Consent & Opt-Out: Consent is not a condition of purchase or representation. You may revoke your consent to receive automated calls and SMS messages at any time. To opt-out of texts, reply “STOP” to any message. Replying “STOP” serves as your request to be removed from both our SMS and automated calling lists. You may also revoke consent via email, phone, or any other reasonable method. You are responsible for any carrier charges.
6. DIGITAL CONSENT, E-SIGN ACT, & SECURE AUDIT TRAIL
Pursuant to the federal E-SIGN Act and the New York Electronic Signatures and Records Act (ESRA), you agree that your digital clicks (e.g., “I Agree”) and electronic signature possess the same legal validity as a wet-ink signature. To ensure strict compliance with NY Part 1215 regarding contingency fee agreements, the Platform cryptographically binds your Transactional Data (including your IP address, device attributes, and exact timestamp) to the specific version of the executed document, creating a non-repudiable audit trail.
7. FINANCIAL DATA & FIDUCIARY DUTIES (NY RULE 1.15)
Pain Injury Law strictly adheres to its fiduciary duty under New York Rule 1.15 to safeguard client funds in authorized IOLA/IOLTA accounts.
- Verification Steps: While the Command Center is used to collect banking info, the Firm undertakes commercially reasonable steps to independently verify disbursement instructions prior to releasing escrow funds.
- User Input Error Shield: You are strictly responsible for inputting correct banking data. To the maximum extent permitted by law, we disclaim liability for delays or losses arising directly from your submission of inaccurate data or third-party payment processor failures.
8. PORTAL ACCEPTABLE USE POLICY & ACCOUNT TERMINATION
You agree not to upload viruses, malware, or fabricated evidence, nor to harass firm staff via the Portal. We reserve the absolute right to terminate, block, or suspend your account at any time, for any reason, without notice or liability.
9. WARRANTY DISCLAIMER (SOFTWARE “AS IS”)
THE SOFTWARE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES REGARDING THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
10. DISPUTE RESOLUTION: ARBITRATION & MALPRACTICE CARVE-OUT
Please read this section carefully.
- Arbitration: Any dispute arising strictly out of your technical use of the software Platform, its advertising technologies, or these Terms shall be resolved by binding arbitration administered by JAMS in Queens County, New York, applying the laws of the State of New York.
- 30-Day Opt-Out Right: You have the right to opt-out of this Arbitration provision by sending written notice of your decision to our principal office address via certified mail within thirty (30) days of your first use of the Platform.
- LEGAL MALPRACTICE CARVE-OUT: This arbitration clause DOES NOT APPLY to claims of legal malpractice, professional negligence, or breach of fiduciary duty. * Exclusive Venue: Any dispute regarding the actual legal representation provided by Pena Persaud Law PLLC, or any claim properly opted-out of arbitration, is entirely exempt from arbitration and remains subject to the exclusive jurisdiction of the State and Federal Courts located in Queens County, New York.
- Class Action Waiver: You explicitly waive the right to participate in a class action or coordinated mass filing regarding the software Platform.
- One-Year Limitation: Any claim arising out of your technical use of the Platform must be filed within one (1) year, or it shall be forever barred.
11. INDEMNIFICATION
You agree to fully indemnify and hold harmless the Firm from and against all third-party claims and expenses arising out of: (a) your breach of these Terms; (b) your negligent or illegal technical use of the Platform; or (c) any infringing content you upload.
12. LIMITATION OF LIABILITY (SOFTWARE SPECIFIC)
TO THE MAXIMUM EXTENT PERMITTED BY NEW YORK LAW, THE FIRM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THIS DIGITAL PLATFORM. OUR TOTAL AGGREGATE LIABILITY REGARDING YOUR TECHNICAL USE OF THE SOFTWARE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THIS CAP DOES NOT APPLY TO DAMAGES RESULTING FROM LEGAL MALPRACTICE, BREACH OF FIDUCIARY DUTY, OR PROFESSIONAL NEGLIGENCE.
13. ACCESSIBILITY (ADA COMPLIANCE)
Pain Injury Law is committed to ensuring digital accessibility for all individuals. We continuously work to improve the user experience and apply relevant accessibility standards. If you encounter any barriers to accessing our Platform, please contact our office immediately at 718-777-7246, and we will provide the necessary services through an alternative method.
14. GENERAL PROVISIONS
- Force Majeure: We are not liable for delays due to causes beyond our control (e.g., acts of God, internet outages).
- Modifications: We reserve the right to modify these Terms. If we make material changes, particularly to the dispute resolution provisions, we will provide affirmative notice (such as via email or a prominent portal notification) prior to the changes taking effect. Material changes will apply prospectively. Your continued use of the Platform after such notice constitutes your acceptance of the revised Terms.
- Severability: If any provision is found unlawful, that provision shall be deemed severable and shall not affect the validity of remaining provisions.
- Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement regarding your technical use of the Platform.
15. INTELLECTUAL PROPERTY & DMCA
Because getting injured is hard, getting legal help doesn’t have to be. The design, text, and software of the Platform are the exclusive property of Pain Injury Law. We respect the intellectual property of others. If you believe any material infringes your copyright, please contact our principal office.