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Parker Waichman LLP Terms of Use

TERMS OF USE

PLEASE READ THESE "TERMS OF USE" CAREFULLY.

By accessing, or otherwise using this site, you agree to be bound contractually by these "Terms of Use."

TERMS OF USE AGREEMENT AND DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE

Effective Date: June 23,2015

Material modifications and related effective dates may be accessed by scrolling to the bottom of the page.

Parties

The parties to these "Terms of Use" include you, and the owner of this YourLawyer.com website business, Parker Waichman LLP ("Parker Waichman," "the firm"). All references to "we," "us," "our," "this website," or "this site" shall be construed to mean this website business and Parker Waichman LLP.

Arbitration

With the exception of actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims that arise out of, or relating to, this "Terms of Use" agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (AAA) that are in effect at that time.

One arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. Arbitration shall take place in Florida or New York, USA, and may be conducted in person, by telephone, or online. The arbitrator shall apply the laws of the states of Florida or New York, USA, depending on the location of the involved office, to all issues in dispute. The controversy or claim shall be arbitrated individually and without consolidation in any other arbitration, claim, or controversy involving any other party. The arbitrator’s findings will be final and binding on all parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1,000.00.

Consumer Rights Information; California Civil Code Section 1789.3. If this site charges for services, products, content, or information, such pricing information will be posted as part of the ordering process for this site. We also maintain contact information, including an email address for notifications of complaints and for inquiries concerning pricing policies, in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address. You may contact us with complaints and inquiries regarding pricing. We will investigate and respond to the inquiries.

    Notification of Consumer Rights Complaint or Pricing Inquiry:
    Parker Waichman LLP
    6 Harbor Parker Drive
    Port Washington, New York 11050
    (516) 466-6500

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

Controlling Law

This "Terms of Use" agreement shall be construed under the laws of the states of Florida and New York in the United States of America, excluding rules concerning conflicts of law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

Defamation and the Communications Decency Act Notice

This site is a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230, and, as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings nor exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties nor liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.

Digital Millennium Copyright Act (DMCA) Notice

This site is an Internet "service provider" as described under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). This site maintains specific contact information, provided below, as mandated by the DMCA, which includes an email address for notifications of claimed infringement concerning materials posted to this site. Notices are to be addressed to the contact person specified below, who is our agent for notice of claimed infringement.

Our agent for notice of claimed infringement may be contacted with complaints regarding allegedly infringing posted material; we will investigate all such complaints. Should posted material, deemed in good faith by us to be in violation of applicable laws, such material will be removed or blocked. We will advise the posting party of the action taken.

The DMCA requires you to include the following information when advising us of a violation. Failure to include all of the following information may result in processing delays:

  • (i) a description of the copyrighted work that is the subject of the claimed infringement;
  • (ii) a description of the infringing material and information that will enable us to locate the alleged material;
  • (iii) your contact information (address, telephone number, and/or email address);
  • (iv) your statement that you, in good faith, believe that the involved material is not authorized by the copyright owner or its agent, or by law;
  • (v) your statement, signed under penalty of perjury, that the information you provide is accurate and that you have the authority to enforce the copyrights claimed to be infringed; and
  • (vi) the copyright owner’s—or a person authorized to act on his/her behalf—physical or electronic signature.

Force Majeure

We will not be liable for damages involving any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence. This includes, but is not limited to, acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.

Intended for Use Only Within The United States

This site is only intended for use within the United States. We do not represent that this site is appropriate for use elsewhere. Access to this site from locations where its contents are illegal is not authorized.

Jurisdiction and Venue

The courts of Nassau, Suffolk, and Manhattan counties in the State of New York and the courts of Lee County in the State of Florida, USA shall be the exclusive jurisdiction and venue for all legal proceedings not arbitrated under these "Terms of Use."

Ownership

The material provided on this site is protected by law including, but not limited to, United States copyright law and international treaties. Copyrights and other intellectual property in the content of this site is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.

Limitation of Liability

IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND. THIS INCLUDES LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR, OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Third Party Websites

We do not review or control third-party websites that link to or from this site, we are not responsible for such content, and we do not represent that such content is accurate or appropriate. Your use of any third-party site is on your own initiative, at your own risk, and potentially subject to the other sites’ terms of use and privacy policy.

Links to This Site

We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive way. You may not use any logo, trademark, or trade name, or other proprietary graphic image that may be displayed on this site in the link without our prior written consent.

Modifications

We reserve the right to modify these "Terms of Use" at any time, and without prior notice. We will make our modifications known by posting an amended "Terms of Use." The "Terms of Use," including amendments, are available by link on the homepage, and should be viewed from time to time to understand material modifications and related effective dates.

READERS’ CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE/NEW "TERMS OF USE" CONSTITUTES BINDING ACCEPTANCE OF THOSE MODIFICATIONS/NEW "TERMS OF USE."

Monitoring

We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible though the Privacy Policy link on this site's home page.

Onward Transfer of Personal Information Outside Your Country of Residence Any personal information we may collect on this site will be stored and processed in our servers, which are only located in the United States. If you reside outside of the United States, you consent to the transfer of personal information outside your country of residence to the United States.

Participation in Promotions of Advertisers

You may enter into correspondence with, or participate in, promotions of advertisers that promote their products, services, or content on this site. Any such correspondence or participation, including delivery of and the payment for, products, services, or content, are solely between you and each such advertiser.

Postings to This Site: Blogs, Forums, Chat Rooms, Etc.

When you post to areas on this site that other readers may view, that information is not considered proprietary, private, or confidential. This means that we are under no obligation to monitor posts made to this site and are not required to apply editorial control over such posts. We do reserve the right to review such posts and remove material that we deem to be inappropriate. Likewise, posting, transmitting, promoting, using, distributing, or storing content that may subject us to any potential legal liability or that violates applicable laws or regulations, or is found to be contrary to commonly accepted community standards, is prohibited. This includes, without limitation, any information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, as well as any material that violates export control laws.

We, in our sole discretion and without notice, reserve the right, but undertake no duty, to review, edit, remove or delete any material submitted as a comment to a blog, forum or chat-room provided for display or placed on this site. Specifically, we reserve the right to delete or decline to post content that contains profanity; sexual content; overly graphic, disturbing or offensive material; vulgar or abusive language; hate speech, defamatory comments, or offensive language targeting any specific demographic; personal attacks of any kind; spam; or promotions for commercial products or services.

By submitting a comment for posting, you agree that we are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive, or illicit material, even material that violates this "Terms of Use" agreement.

Privacy

Please review this site's Privacy Policy, which also governs your visit to this site. Our Privacy Policy is accessible on our site's home page.

Separate Agreements

You may acquire products, services, and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services, and/or content.

Severability

If any provision of these terms is declared invalid or unenforceable, such provision will be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision will not affect any other provision of these terms. These terms will continue in full force and effect and construed and enforced as if such provision had not been included, or had been modified, as provided above.

Use And Restrictions

Subject to these "Terms of Use" and our "Privacy Policy," the public areas of this site may be used for readers’ internal purposes. Readers agree not to access, or to attempt to access, this site by any alternate means outside of our interface without specific permission—provided in a separate agreement—from us. Readers agree not to access, or attempt to access, this site via automated means that may include, but are not limited to, the use of scripts or web crawlers. Readers agree to comply with all instructions set out in any robots.txt file on this site. Readers are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services, or content; (ii) modify or make derivative works based on the site, its services, or content; or (iii) "frame" or "mirror" the site, its services, or content on any other server or Internet-enabled device. All rights not expressly granted in this "Terms of Use" agreement are reserved by us and our licensors.

    Notification of Claimed Infringement:
    Parker Waichman LLP
    6 Harbor Park Drive
    Port Washington, New York 11050
    (516) 466-6500

Warranty Disclaimers

EXCEPT AS MAY BE PROVIDED IN A SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED "AS-IS". WE, NOR ANY OF OUR LICENSORS, MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES, AND/OR CONTENT ACQUIRED FROM THIS SITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT PROVIDE MEDICAL ADVICE FOR ANY PURPOSE, INCLUDING ANY MEDICAL ADVICE REGARDING ANY ASPECT OF YOUR PARTICIPATION IN A FITNESS PROGRAM. ALL INFORMATION PROVIDED ON THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.



 

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