Effective Date: December 30, 2010
As used in this Agreement, the words “you” and “your” refer to any person accessing the TMW PLLC Website. The words “we,” “us,” and “our” refer to TMW PLLC.
TMW PLLC may, at any time and in our sole discretion, revise or update this Agreement by posting an amended Agreement on the Website. Any changes that are made to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement. Your use of the Website following the posting of an updated Agreement constitutes acceptance of the last updated Agreement.
If you have any questions about this Agreement, please contact us at firstname.lastname@example.org.
LICENSE TO USE WEBSITE
TMW PLLC makes available the information and materials on the Website, including but not limited to summaries, descriptions, publications, white papers, agendas, newsletters and any other such materials appearing on the Website (the “Materials”) as is, for general informational purposes only, and the Materials may not reflect the current state of the law.
No client relationship is made by visiting the Website. A client relationship can only be made per separate written retainer agreement entered into with TMW PLLC. Accordingly, you should not have any expectation of privilege with respect to any material you submit, unless otherwise agreed with TMW PLLC.
Circular 230 Disclosure: Pursuant to recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this website, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.
The Materials are not intended to constitute, and DO NOT constitute, legal, financial or business advice. Those accessing the Materials should not act upon them without first seeking legal or other relevant counsel, as the Materials are general in nature, and may not apply to particular factual or legal circumstances. As such, the Materials should not be used as a substitute for consultation with a professional adviser.
Moreover, the Materials are not intended to constitute, and do not constitute, a solicitation for the formation of an attorney-client relationship. Please consult a professional adviser should you have questions regarding legal, financial, tax or other such counsel. Neither TMW PLLC, nor its affiliates, employees, agents, officers or directors will be responsible for any legal, financial, business or other decisions you may make.
Any price quotation, service information, employment benefits information or any other such information regarding the provision and fees for any service offered by TMW PLLC or the benefits of employment by TMW PLLC are provided purely for informational and illustrative purposes. TMW PLLC does not guarantee, and makes no warranty, promise, or agreement that any depicted or described service, price or benefit is actually offered, will maintain its current price, or comports with its depiction or description on the Website. TMW PLLC reserves the right to cease offering any such services or benefits to prospective or current employees or clients at any time, in all cases without notice or liability.
This Website may contain typographical errors or inaccuracies, and may not be complete or current. TMW PLLC therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
The Website or related materials may be deemed Attorney Advertising. As such, please note that prior results do not guarantee a similar outcome.
AVAILABILITY OF SERVICE
While TMW PLLC makes reasonable efforts to ensure that the Website is available at all times, TMW PLLC does not guarantee, represent or warrant that access to the Website will be uninterrupted or error-free, and TMW PLLC does not guarantee that users will be able to access or use all or any of the Website features at all times.
Further, TMW PLLC reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Website or any part thereof without notice to you. TMW PLLC may also impose limits on the use of or access to certain features or portions of the Website, or restrict your access to any part or all of the Website, in all cases without notice or liability. You agree that TMW PLLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or of any Materials.
TMW PLLC is under no obligation to maintain the Website or any information, Content, Submissions, Materials (as defined hereunder), or other matters that you submit or make available to the Website. TMW PLLC reserves the right to withhold, remove and/or discard any such material with or without notice at any time.
RULES OF CONDUCT
You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Website and/or any Materials. In addition, your use of the Website is conditioned on your compliance with the following rules of conduct as well as all other terms of the Agreement.
You agree not to use the Website for any unlawful or fraudulent purpose, including impersonating any person or entity, including, but not limited to, any employment applicant, TMW PLLC client or an authorized representative of a TMW PLLC client, government representative, TMW PLLC employee, agent, or representative; or expressing or implying that TMW PLLC endorses any statement you make.
You also may not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website or the Materials. Further, you may not interfere with or disrupt the operation of the Website or the Materials, including restricting or inhibiting any other person from using the Website or the Materials by means of hacking, or defacing any portion of the Website. Further, transmitting or otherwise making available in connection with the Website any virus, worm, Trojan horse, root kit or other harmful or unauthorized code is prohibited.
Moreover, you may not interfere with or violate any other Website visitor’s or user’s right to privacy or other rights, or harvest or collect personally identifiable information about Website visitors or users, or about TMW PLLC employees or other individuals identified on the Website, without their express written consent. Disregarding these instructions may subject you to criminal and civil penalties.
You may not access any non-public areas of the Website unless you are granted explicit permission to access such areas by TMW PLLC. You may not share any password or access to any area of the Website granted to you by TMW PLLC with any other person.
You are also proscribed from selling, reselling, transferring, licensing or exploiting for any commercial purposes any use of or access to the Website or the Materials. Finally, you may not frame, mirror, in-line link to, or make other similar use of, all or any part of the Website or the Materials, including TMW PLLC’s or any other party’s intellectual property thereon, without our prior express written authorization (or in the case of such other party’s intellectual property, the prior express written consent thereof).
To the extent that you may access or download any software that is made available through TMW PLLC from the Website (“Software”), such Software is the copyrighted work of TMW PLLC and/or its various third party licensors. Your use of the Software may be governed by the terms of an additional end user license agreement which may accompany or be included with the Software. You may not install or use any Software that is accompanied by or includes such an end user license agreement unless You first agree to the terms of such agreement. Any warranty applicable to the Software may be specified in the terms of the License Agreement and no additional warranties are provided herein. If you have any inquiries concerning these terms, please consult TMW PLLC before accessing any programs.
PAYMENTS TO AND RETENTION OF TMW PLLC
Through the website, you may submit a request to retain TMW PLLC to perform legal services. You may further submit payment for such services prior to retention through the website via a third-party payment program or via other means. Such submission and payment constitutes a request for TMW PLLC to review your submission, whereupon TMW PLLC shall determine, in its sole discretion, whether to accept You as a client and perform the work You have requested. If TMW PLLC determines to accept Your request, You will be provided with a separate retainer agreement that must be executed to prior to the formation of any attorney-client relationship and prior to the commencement of any work on Your behalf performed by TMW PLLC. In the event that TMW PLLC declines to represent You, You will be refunded the initial payment and no attorney-client relationship will have been created.
Any retention will also incorporate the Client’s Statement of Rights as set forth in Section 1210.1 of the Joint Rules of the Appellate Division (22NYCRR§1210.1), which can be found at: http://www.courts.state.ny.us/litigants/clientsrights.shtml
CONTENT SUBMITTED OR MADE AVAILABLE TO TMW PLLC
By submitting any documents, comments, questions, suggestions, plans, notes, drawings, ideas, proposals, or materials similar thereto (“Submissions”) to TMW PLLC, through feedback, email message, or in any other manner, you hereby explicitly agree that: (a) your Submissions do not contain confidential or proprietary information; (b) TMW PLLC is not under any obligation of confidentiality relating to the Submissions, either express or implied; (c) TMW PLLC shall be entitled to use or disclose the Submissions in any way, manner, purpose or otherwise, worldwide, and you consent to the disclosure of your name and exploitation of any comments; (d) TMW PLLC may have under consideration or development similar ideas to the Submissions; and (e) you are not entitled to any compensation or reimbursement of any kind from TMW PLLC in exchange for the Submissions.
Further, TMW PLLC may access and use the Website and any information stored thereon, including the contents of any Submissions, for any purpose. Further, we may disclose the contents of any Submissions to any third party, including any law enforcement agency, to protect our rights or property, or for any other reason.
Please send all information pertaining to your legal matters directly to your advisor. Do not send or submit any confidential or client related information to the Website, through any links or other communication tools contained thereon.
If you believe in good faith that any Content, Submission, or other material posted on the Website infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;
- Information reasonably sufficient to permit TMW PLLC to contact you;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact TMW PLLC’s designated DMCA Copyright Agent:
Thomas M. Wilentz, Esq.
Thomas M. Wilentz, Attorney at Law, PLLC
75 South Broadway 4th floor
White Plains, NY 10583
Fax – 914-206-3787
Phone – 914-723-0394
COMPLAINT POLICY (INCLUDING TRADEMARK AND PRIVACY)
If you believe in good faith that any Content, Submission, or other material posted on the Website infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice to email@example.com containing the following information:
- Your name, physical address, e-mail address and phone number;
- A description of the Content, Submission, or other material posted on the Website that you believe violates your rights or is otherwise unlawful, and which parts of said materials you believe should be remedied or removed;
- Identification of the location of the material on the Website;
- If you believe that the material violates your rights, a statement as to the basis of the rights that you claim are violated;
- If you believe that the material is unlawful or violates the rights of others, a statement as to the basis of this belief;
- A statement under penalty of perjury that you have a good faith belief that use of the material in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and in good faith ; and,
- Your physical or electronic signature.
If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in TMW PLLC’s sole discretion, TMW PLLC will take action. We may disclose your submission to the poster of the claimed violative material, or any other party.
TMW PLLC INTELLECTUAL PROPERTY RIGHTS
The trademarks, service marks, logos and any designs used or displayed on the Website specific to TMW PLLC are trademarks and/or service marks owned by TMW PLLC. Any use of copyrighted works, trademarks or service marks, including the reproduction, modification, distribution or republication of same without the prior express written permission of TMW PLLC is strictly prohibited.
Other copyrighted works, trademarks, service marks, trade names and company logos utilized on the Website are the property of their respective owners. All rights reserved. The appearance of any such third party trademarks does not in any way imply any connection, license, approval or other such relationship of any kind with such third party.
In the event that you believe any material appearing on the TMW PLLC Website infringes rights you own, please contact TMW PLLC immediately.
The Website may also contain samples of TMW PLLC’s programs for informational purposes. These programs cannot be used for any commercial purpose without TMW PLLC’s express written consent. Moreover, certain technology and programs may be subject to intellectual property rights, and any unauthorized use is strictly prohibited.
TMW PLLC can be reached by directing communications to: firstname.lastname@example.org
ENFORCEMENT OF THE AGREEMENT
TMW PLLC may investigate any reported, alleged or suspected violation of this Agreement, and take any action that TMW PLLC, in its sole discretion, deems appropriate. Such action may include issuing warnings, suspension of a user’s access to the Website or complete termination of such access, at any time.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
IN NO EVENT SHALL TMW PLLC, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OR ANY OTHER INDIVIDUAL’S USE OF OR ACCESS TO THE WEBSITE. TMW PLLC DOES NOT WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. ADDITIONALLY, TMW PLLC DOES NOT WARRANT THAT ANY INFORMATION TRANSMITTED BY TMW PLLC TO ANY INDIVIDUAL VIA THE WEBSITE IS ACCURATE, SECURE OR EFFECTIVE. FURTHER, NEITHER TMW PLLC, NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR HOSTING OF THE WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE AND/OR ACCESS TO THE WEBSITE AND ANY SERVICES CONTAINED HEREON. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR THE MATERIALS IS TO STOP USING THE WEBSITE OR THE MATERIALS.
Without limiting the foregoing, everything on the Website is provided to you “AS IS” and TMW PLLC SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE, ITS CONTENTS, AND ANY SERVICE PROVIDED VIA THE WEBSITE.
You agree to defend, indemnify and hold harmless TMW PLLC, its affiliates and its suppliers, and each of their respective partners, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities and expenses (including, but not limited to, attorney fees) arising out of:
- Your activities in connection with the Website;
- Any violation of this Agreement by you;
- Any improper or unauthorized use of the Materials by you;
- Any allegation that anything you transmitted or attempted to transmit, including but not limited to any Material or Submission you submit, post, or otherwise make available, through or in connection with the Website infringes or otherwise violates the intellectual property, privacy or other rights of any third party; and
- Any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Website, software appearing thereon, or the Materials or information which appears on the Website.
If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
CHOICE OF LAW AND JURISDICTION
Unless otherwise specified, the Website and its contents are provided solely for providing information. The Website is controlled and operated by TMW PLLC from New York. As such, any dispute arising under or related to the Agreement or your use of the Website shall be resolved exclusively by New York (Westchester County) state or federal courts, applying New York law, and, by your use, you waive any jurisdictional, venue or inconvenient forum objections to such courts for purposes of resolving these disputes.
Although the Website may be available worldwide, you understand and agree that the law of your home jurisdiction may provide protections not provided in the United States, and that by visiting the Website, you unequivocally and unambiguously agree to submit and adjudicate any disputes which arise out of such use pursuant to the terms and conditions stated in this Choice of Law and Jurisdiction clause.
LINKS TO OTHER WEBSITES
POLICIES FOR CHILDREN
The Website is not directed to individuals under the age of 13, nor does it contain information which would be potentially harmful to minors in any way. However, we advise all visitors to the Website under the age of 13 not to disclose or provide any Personally Identifiable Information. In the event that TMW PLLC discovers that a child under the age of 13 has provided Personally Identifiable Information to us, we will delete the child’s Personally Identifiable Information in accordance with the Children’s Online Privacy Protection Act of 1998. Please see the Federal Trade Commission’s website for this act:
http://www.ftc.gov/privacy/privacyinitiatives/childrens_educ.html for more information.
Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Service Provider for more information.
© 2010, Thomas M. Wilentz, Attorney at Law, PLLC. All rights reserved.