By accessing or using the Schlam Stone & Dolan LLP (the “Firm”) website located at www.schlamstone.com (the “Website”), you indicate that you have read and understand this Terms of Use Agreement (the “Agreement”), which incorporates by reference our Privacy Policy, and agree to be bound by it in its entirety. If you do not understand or have questions about the Agreement, immediately stop all use of the Website and contact info@schlamstone.com. Your use of the Website will constitute your agreement to the most current version of this Terms of Use. The Terms of Use are subject to change at any time by us, without prior notice to you, by our posting them on the Website and will be effective immediately, unless otherwise stated.

The Terms of Use apply only to the Website and do not apply to any websites that are linked to in the Website. For access to the terms and conditions or privacy policies of linked websites, please refer to the policies of such websites.

DISCLAIMER

This Website contains general information about the Firm, as well as other materials which have been prepared for informational purposes only, and are not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. To obtain legal counsel or legal services from the Firm, you must first establish an attorney-client relationship with the firm. Communicating with the Firm or its attorneys through this Website, by email or otherwise will not, on its own, create an attorney-client relationship. If you wish to become a client of the Firm, you must first enter into a written retainer agreement with us.

The Firm’s lawyers are admitted to practice in the jurisdictions listed on their individual biographies. The listing of an area of practice by a Firm lawyer does not indicate any certification or expertise therein. This Website is attorney advertising. Please note that results may vary depending on your particular facts and legal circumstances. Prior results do not guarantee a similar outcome.

USE OF THE WEBSITE

The use of the Website and its services is a privilege. Users who violate this Terms of Use may be denied access to the Website and we reserve the right to suspend your use of the Website for any reason at any time, in our sole discretion.

THIRD-PARTY WEBSITES

The Firm may provide links to third-party websites as a convenience. Linked websites are not reviewed, controlled or examined by the Firm and the Firm is not responsible for the contents of any linked website, including the information, advertising, products, resources, links or other materials contained in such website. The inclusion of any link does not imply endorsement by the Firm. The Firm makes no representations or warranties with respect to any such third-party, and you agree that the Firm shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

INTELLECTUAL PROPERTY

Except as expressly and unambiguously provided herein, the Firm does not grant you any express or implied rights to the information or content provided on this Website, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights or any other intellectual property rights. None of the content or information provided on our website may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, unless you obtain our prior written consent.

DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY

Your agreement to the following disclaimers and limitations are a material inducement for us to permit you to access the Website. Your use of the Website, and the Firm’s obligations and liabilities in connection therewith, is expressly limited as follows:

Disclaimer of Warranties

The website is provided “as is” and without any warranty whatsoever. We disclaim any and all express and implied warranties whatsoever, including without limitation, the warranties of merchantability, title, non-infringement of third parties rights, and fitness for particular purpose.

Limitation of liability

In no event shall the firm, its shareholders, employees, agents or other third-party service providers be liable for any incidental, consequential, punitive, indirect or special damages (including lost profits and damages or viruses that may infect your computer equipment on account of your access to, use of, browsing, or downloading of any materials, data, text, images, video or audio from the website) whether based on warranty, contract, tort, or any other legal theory, and whether or not the firm is advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the limitations set forth in this paragraph may not apply to you. If the foregoing limitations are held inapplicable or unenforceable for any reason, then the maximum liability of the firm to you for any type of damages shall be limited to the greater of the actual amount paid by you for any services offered on the website or one hundred united states dollars ($100.00).

MINIMUM AGE TO USE THE WEBSITE AND CHILDREN’S PRIVACY

This Website is not intended for use by those who are under age 18.  You must be 18 years or older to use this Website.  If you are not 18 years or older, please do not continue to access the Website or provide us with any information on or through the Website.  We do not knowingly collect any personally identifiable information from any person under 18 years of age through the Website.

ONLINE CONDUCT THROUGH THE WEBSITE

In using the Website, you agree that:

  1. You are solely responsible for the content or information you provide or communicate to us.
  2. You will not transmit or through the Website any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Furthermore, you will not take actions to promote the physical harm or harassment of another person, engage in or promote spamming, provide information that you know is illegal, false, or misleading, or designed to exploit those under 18 or otherwise provide instructional information about illegal activities, including without limitation, making or buying illegal weapons, identity theft, violating another’s right to privacy, or providing or creating malicious computer programs (malware).

PRIVACY POLICY

Your privacy is extremely important to us. All information collected from you through the Website is governed by our Privacy Policy, and to the extent applicable, the Attorney-Client Privilege, but in the latter case, only to the extent we have formed an attorney-client relationship with you, the requirements for which are further described above. For more information, please see our Privacy Policy, which is incorporated herein.

INTERNATIONAL USE

The Website, including the information provided on the Website, is designed for and intended for users in the United States. We make no representation that the Website is applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Website from locations or territories where the content is illegal is prohibited. If you choose to access the Website from a location outside the United States, you do so on your own initiative and you are responsible for compliance with local laws.

JURISDICTION AND VENUE

You agree that the internal laws of the State of New York  (including, without limitation, its statutes of limitations) shall exclusively govern your use of the Website (including, without limitation, concerning any claims brought in contract, tort, or statute), and that any dispute arising out of or relating to this Website or your use/access thereof (whether in contract, tort, or statute) shall be subject to the exclusive jurisdiction of the state courts in New York County in the State of New York (USA).