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Terms And Condition Of Use

 

Terms And Conditions Of Use

These Terms and Conditions of Use (“Terms of Use”) apply to you when you view, access, or otherwise use the Web site located at www.swmllp.com (the “Site”). The Site is owned by Styskal, Wiese & Melchione, LLP (“SW&M”). By using this Site, you acknowledge that you have read these Terms of Use and that you accept and will be bound by the terms hereof. You further understand that you have a nonexclusive, nontransferable, limited right to access, use, and display the Site and the materials provided hereon.

  1. No Attorney Client Relationship. This Site is provided for general informational purposes only. The information on the Site is not intended to constitute nor be received as legal advice, and no representation or warranty is made as to its accuracy or completeness. By using the Site or purchasing products via the Site, no attorney-client or other relationship is created between you, SW&M, or any individual attorney. While we try to revise the Site on a regular basis, it may not reflect the most current legal developments. This Site is not a substitute for obtaining legal advice from a qualified attorney.
  2. Application. These Terms of Use apply to all users of the Site, including users who also may be contributors of text, content, information, or other materials or services on the Site. The Site may contain links to third party websites that are not owned or controlled by SW&M. Although these links were established to provide you with access to useful information, SW&M has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. If you decide to access any of the third party websites linked to the Site, you do so at your own risk and you expressly release SW&M from any and all liability arising from your use of any third party website. Accordingly, we encourage you to be aware when you leave the Site to read and adhere to the terms and conditions and privacy policy of each other website that you visit.
  3. Privacy. By using the Site, you agree to the SW&M Privacy Policy, found here.
  4. Accounts and Passwords. In order to access some features of the Site, you will have to open and/or create an account and password. When creating your account and password, you must provide accurate and complete information in accordance with SW&M’s requirements. It is your responsibility to keep your account password secure. You must notify SW&M immediately of any breach of security.
  5. Use. SW&M hereby grants you permission to use the Site as set forth in these Terms of Use, provided that you will not copy or distribute any part of the Site in any medium without SW&M’s prior written authorization; you will not alter or modify any part of the Site; and you will use this Site as may be reasonably necessary for its express intended purpose(s) only. SW&M permits you to link to materials on the Site for personal or educational purposes only. SW&M reserves the right to discontinue any aspect of the Site at any time.
  6. Prohibited Actions. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under Federal, State, and local law. You may not use the Site for anything other than a lawful and legitimate purpose. You agree not to use the Site to carry out any unauthorized alteration of any data or information on the Site or to conduct any activity that infringes on the copyright, patent, trademark, service mark, or other rights of any person or entity. You agree to not restrict or inhibit any other user from using and enjoying any service conducted on the Site. We reserve the right to limit or deny your access to the Site or take other appropriate action if you violate any provision of these Terms of Use or if you conduct any activity that violates the rights of any person or entity, or which we, in our sole discretion, deem unlawful, offensive, threatening, abusive, or potentially harmful or malicious.
  7. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site. You agree not to collect or harvest any personally identifiable information or related information, including account names, from the Site, nor to use any communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site.
  8. Intellectual Property Rights. The content on the Site, including, without limitation, the name “Styskal, Wiese & Melchione, LLP or SW&M,” the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like ("Content") and the trademarks, service marks, and logos contained therein ("Marks"), are owned by or licensed to SW&M subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. SW&M reserves all rights not expressly granted in and to the Site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
  9. Disclaimer; Limitation of Damages. (a) SW&M expressly disclaims all liability for any viruses or other contamination of your computer system or other device used to access this Site as a result of your use of this Site and expressly disclaims all liability for actions taken or not taken based on any or all of the contents of this Site. (b) THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SW&M MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. (c) USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT, OR OTHER MATERIAL ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. THE INFORMATION MAY CONTAIN ERRORS, PROBLEMS, OR OTHER LIMITATIONS. (d) AS A CONDITION TO OUR PROVIDING THE INFORMATION ON THIS SITE, THE VIEWER AGREES THAT NEITHER SW&M NOR ITS PARTNERS, EMPLOYEES, AGENTS, OR LICENSORS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE WOULD NOT PROVIDE THIS SITE AND INFORMATION WITHOUT SUCH LIMITATIONS. (e) NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION.
  10. Indemnity. You agree to defend, indemnify, and hold harmless SW&M, its subsidiary entities, licensors, officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including, but not limited to attorneys' fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including, without limitation, any copyright, property, or privacy right; (iv) your negligence or willful misconduct; or (v) any claim that information submitted by you to the Site caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Site.
  11. Applicable Laws; Venue. SW&M operates the Site from its offices in California and makes no representations that materials in the Site are appropriate or available for use in other locations. The display of the Site alone does not subject SW&M to any specific jurisdiction. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules, and regulations. Any claim related to the use of the Site or to the Site materials shall be governed by, construed, and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein. The Site shall be deemed a passive website that does not give rise to personal jurisdiction over SW&M, either specific or general, in jurisdictions other than California. Any action arising out of or related to the access, use, content, or existence of this Site shall be filed only in the appropriate state or federal court located within the State of California. The access, viewing, or use of this Site constitutes the user’s express permission and consent to the jurisdiction of the state and/or federal courts of the State of California for purposes of such actions.
  12. Miscellaneous. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and SW&M’s failure to assert any right or provision under the Terms of Use shall not constitute a waiver of such right or provision. SW&M reserves the right to amend these Terms of Use at any time and without prior notice except as otherwise required by law or as otherwise agreed in writing. It is your responsibility to review these Terms of Use for any changes. Your use of the Site following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND SW&M AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.