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TERMS OF USE AGREEMENT
Welcome to our Web site.
By using our site, you are agreeing to comply with and be bound by the
following terms of use. Please review the following terms
carefully. If you do not agree to these terms, you should not use
this site. The term “Burney Law Firm LLC,” “Burney,” “BLF,” “us,”
“we” or “our” refers to The Burney Law Firm LLC. The term “you”
refers to the user or viewer of our Web site.
- Acceptance of Agreement.
You agree to the terms and conditions set forth in this Terms of Use
Agreement (“Agreement”) with respect to our site (the “Site”). This
Agreement constitutes the entire and only agreement between us and
you, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the
Site and the subject matter of this Agreement. This Agreement may be
amended at any time by us from time to time without specific notice
to you. The latest version of the Agreement will be posted on the
Site, and you should review this Agreement prior to using the Site.
- Copyright.
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the
Site are protected under applicable copyrights, trademarks and other
proprietary (including but not limited to intellectual property)
rights. The copying, redistribution, use or publication by you of
any such matters or any part of the Site, except as allowed by
Section 3 below, is strictly prohibited. You do not acquire
ownership rights to any article, document or other materials viewed
through the Site. The posting of information or materials on the
Site does not constitute a waiver of any right in such information
and materials. Some of the content on the Site may be the
copyrighted work of third parties.
- Limited License; Permitted
Uses.
You are granted a non-exclusive, non-transferable, revocable license
(a) to access and use the Site solely in accordance with this
Agreement; (b) to use the Site solely for internal, personal,
non-commercial purposes; and (c) to print out discrete information
from the Site solely for internal, personal, non-commercial purposes
and provided that you maintain all copyright and other policies
contained therein. No print out or electronic version of any part of
the Site or its contents may be used by you in any litigation or
arbitration matter whatsoever under any circumstances.
- Restrictions and
Prohibitions on Use.
Your license for access and use of the Site and any information,
materials or documents (collectively defined as “Content and
Materials”) therein are subject to the following restrictions and
prohibitions on use: You may not (a) copy, print (except for the
express limited purpose permitted by Section 3 above), republish,
display, distribute, transmit, sell, rent, lease, loan or otherwise
make available in any form or by any means all or any portion of the
Site or any Content and Materials retrieved therefrom; (b) use the
Site or any materials obtained from the Site to develop, of as a
component of, any information, storage and retrieval system,
database, information base, or similar resource (in any media now
existing or hereafter developed), that is offered for commercial
distribution of any kind, including through sale, license, lease,
rental, subscription, or any other commercial distribution
mechanism; (c) create compilations or derivative works of any
Content and Materials from the Site; (d) use any Content and
Materials from the Site in any manner that may infringe any
copyright, intellectual property right, proprietary right, or
property right of us or any third parties; (e) remove, change or
obscure any copyright notice or other proprietary notice or terms of
use contained in the Site; (f) make any portion of the Site
available through any timesharing system, service bureau, the
Internet or any other technology now existing or developed in the
future; (g) remove, decompile, disassemble or reverse engineer any
Site software or use any network monitoring or discovery software to
determine the Site architecture; (h) use any automatic or manual
process to harvest information from the Site; (i) use the Site for
the purpose of gathering information for or transmitting (1)
unsolicited commercial e-mail; (2) e-mail that makes use of headers,
invalid or nonexistent domain names, or other means of deceptive
addressing; and (3) unsolicited telephone calls or facsimile
transmissions; (j) use the Site in a manner that violates any state
or federal law regulating e-mail, facsimile transmissions or
telephone solicitations; and (k) export or re-export the Site or any
portion thereof, or any software available on or through the Site,
in violation of the export control laws or regulations of the United
States.
- No Legal Advice or
Attorney-Client Relationship.
Information contained on or made available through the Site is
not intended to and does not constitute legal advice,
recommendations, mediation or counseling under any circumstance.
The Site and your use thereof does not create an attorney-client
relationship. We do not warrant or guarantee the accurateness,
completeness, adequacy or currency of the information contained in
or linked to the Site. Your use of information on the Site or
materials linked to the Site is entirely at your own risk. You
should not act or rely on any information on the Site without
seeking the advice of a competent attorney licensed to practice in
your jurisdiction for your particular problem. The information
contained herein does not necessarily reflect the opinions of our
clients.
- Forms, Agreements &
Documents
We may make available through the Site sample forms, checklists,
business documents and legal documents (collectively, “Documents”).
All Documents are provided on a non-exclusive license basis only for
your personal one-time use for non-commercial purposes, without any
right to re-license, sublicense, distribute, assign or transfer such
license. Documents are provided without any representations or
warranties, express or implied, as to their suitability, legal
effect, completeness, currentness, accuracy, and/or appropriateness.
THE DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH “ALL
FAULTS”, AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY
WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents
may be inappropriate for your particular circumstances. Furthermore,
state laws may require different or additional provisions to ensure
the desired result. You should consult with legal counsel to
determine the appropriate legal or business documents necessary for
your particular transactions, as the Documents are only samples and
may not be applicable to a particular situation.
- Linking to the Site.
You may provide links to the Site, provided (a) that you do not
remove or obscure, by framing or otherwise, the copyright notice or
other notices on the Site, (b) your site does not engage in illegal
or pornographic activities, and (c) you discontinue providing links
to the Site immediately upon request by us.
- Certain Confidentiality
Issues.
Choosing an attorney is a serious matter and should not be based
solely on information contained on the Site or in advertisements and
may not be accomplished by sending us confidential information
related to you and/or your company unless we have expressly
authorized the submission of such information by written
authorization.
You may send us e-mail. However, if you communicate with us in
connection with a matter for which we do not already represent you,
you should not send us confidential or sensitive information via
e-mail because your communication will not be treated as privileged
or confidential. If you communicate with us by e-mail in
connection with a matter for which we already represent you, you
should note that the security of Internet e-mail is uncertain. By
sending sensitive or confidential e-mail messages which are not
encrypted, you accept the risks of such uncertainty and possible
lack of confidentiality over the Internet.
- Designation.
To the extent the Bar Rules in your jurisdiction require us to
designate a single attorney responsible for this site, we designate
Nathaniel Burney, e-mail:
nburney@burneylawfirm.com.
- Use In Other Jurisdictions.
We practice law only in jurisdictions in which we are properly
authorized to do so. We do not seek to represent anyone in any
jurisdiction where the Site does not comply or is in any way
inconsistent with the rules governing communication of legal
services in a particular state. We are unwilling to assume the
representation of clients from those states where the materials do
not comply with State Bar requirements and where the client is
generated as a result of that communication.
- Statement In Compliance With
Certain Rules Of Professional Conduct.
Unless otherwise specified, the attorneys listed on the Site are not
certified by the Texas Board of Legal Specialization and are not
certified as a specialist in any practice area by the Tennessee
Commission on the Continuing Legal Education and Specialization.
- Errors, Corrections and
Changes.
We do not represent or warrant that the Site will be error-free,
free of viruses or other harmful components, or that defects will be
corrected. We do not represent or warrant that the information
available on or through the Site will be correct, accurate, timely
or otherwise reliable. The law is constantly changing and the
information may not be complete or accurate depending on your
particular legal issue. Each legal issue depends on its individual
facts and different jurisdictions have different laws and
regulations. We may make changes to the features, functionality or
content of the Site at any time. We reserve the right in our sole
discretion to edit or delete any documents, information or other
content appearing on the Site.
- Third Party Content.
Third party content may appear on the Site or may be accessible via
links from the Site. We are not responsible for and assume no
liability for any third party content. You understand that the
information and opinions in the third party content represent solely
the thoughts of the author and is neither endorsed by nor does it
necessarily reflect our belief.
- Unlawful Activity.
We reserve the right to investigate complaints or reported
violations of this Agreement and to take any action we deem
appropriate, including but not limited to reporting any suspected
unlawful activity to law enforcement officials, regulators, or other
third parties and disclosing any information necessary or
appropriate to such persons or entities relating to your profile,
e-mail addresses, usage history, IP addresses and traffic
information.
- Indemnification.
You agree to indemnify, defend and hold us and our partners,
associates, agents, attorneys, employees, subcontractors,
successors, assigns, and affiliates (collectively, “Affiliated
Parties”) harmless from any liability, loss, claim and expense
related to your violation of this Agreement or use of the Site.
- Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE
PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL
WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT
LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE
INFORMATION AND SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT
NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
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.
THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
THIS SITE AND THE INFORMATION PRESENTED WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL
CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY
STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES
CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT
IS DISCLAIMED.
- Limitation of Liability
(a) We and any Affiliated Party shall not be liable
for any loss, injury, claim, liability, or damage of any kind
resulting in any way from (i) any errors in or omissions from the
Site or information obtained, (ii) the unavailability or
interruption of the Site or any features thereof, (iii) your use of
the Site, (iv) the content contained on the Site, or (v) any delay
or failure in performance beyond the control of an Affiliated Party.
(b) THE AGGREGATE LIABILITY OF US AND THE
AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR
RELATING TO THE SITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE
IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY
AFFILIATED PARTY.
- Use of Information/Privacy
Policy.
We reserve the right, and you authorize us, to the use and
assignment of all information regarding Site uses by you and all
information provided by you in any manner consistent with our
Privacy Policy. Our
Privacy Policy, as it may change from time to time, is a
part of this Agreement. You may review this
Privacy Policy by clicking on
this link.
- Links to other Web Sites.
The Site may contain links to other Web sites. We are not
responsible for the content, accuracy or opinions express in such
Web sites, and such Web sites are not investigated, monitored or
checked for accuracy or completeness by us. Inclusion of any linked
Web site on our Site does not imply approval or endorsement of the
linked Web site by us. If you decide to leave our Site and access
these third-party sites, you do so at your own risk.
- Copyrights and Copyright
Agents.
We respect the intellectual property of others, and we ask you to do
the same. If you believe that your work has been copied in a way
that constitutes copyright infringement, please provide our
Copyright Agent the following information:
a. An electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright
interest;
b. A description of the copyrighted work that you
claim has been infringed;
c. A description of where the material that you
claim is infringing is located on the Site;
d. Your address, telephone number, and e-mail
address;
e. A statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; and
f. A statement by you, made under penalty of
perjury, that the above information in your Notice is accurate and
that you are the copyright owner or authorized to act on the
copyright owner’s behalf. Our Copyright Agent for Notice of claims
of copyright infringement on the Site can be reached by directing an
e-mail to the Copyright Agent at
info@burneylawfirm.com.
- Legal Compliance.
You agree to comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your use of the
Site and the Content and Materials provided therein.
- Miscellaneous.
This Agreement shall be treated as though it were executed and
performed in New York, New York, and shall be governed by and
construed in accordance with the laws of the State of New York,
without regard to conflict of law principles. Any cause of action by
you with respect to the Site must be instituted within one (1) year
after the cause of action arose or be forever waived and barred. All
actions shall be subject to the limitations set forth in Section 16
and Section 17. The language in this Agreement shall be interpreted
as to its fair meaning and not strictly for or against any party.
Any rule of construction to the effect that ambiguities are to be
resolved against the drafting party shall not apply in interpreting
this Agreement. The headings in this Agreement are included for
convenience only and shall neither affect the construction or
interpretation of any provision of this Agreement nor affect any of
the rights or obligations of the parties to this Agreement. Should
any part of this Agreement be held invalid or unenforceable, that
portion shall be construed as much as possibly consistent with
applicable law and the remaining portions shall remain in full force
and effect. To the extent that anything in or associated with the
Site is in conflict or inconsistent with this Agreement, this
Agreement shall take precedence. Our failure to enforce any
provision of this Agreement shall not be deemed a waiver of such
provision nor of the right to enforce such provision. Our rights
under this Agreement shall survive any termination of this
Agreement.
- Arbitration.
Any legal controversy or legal claim arising out of or relating to
this Agreement or the Site (excluding legal action taken by us or
you to collect or recover damages for, or obtain any injunction
relating to, intellectual property ownership or infringement), shall
be settled solely by confidential binding arbitration in accordance
with the commercial arbitration rules of the American Arbitration
Association. Any such controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration
with any claim or controversy of any other party. The arbitration
shall be conducted in New York, New York. Each party shall bear
one-half of the arbitration fees and costs incurred through the
American Arbitration Association, and each party shall bear its own
attorneys’ fees.
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