Klein Moynihan Turco LLP Website Terms and Conditions
Each end-user visitor to the Site (“user,” “you” or “your”) agrees to the terms of the Agreement, in their entirety, when she/he: (a) accesses or uses the Site; (b) accesses any of the blog posts, text, audio, video, photographs, graphics, artwork and/or other content featured on the Site (collectively, “Content”); (c) accesses links to KMT’s social media pages/accounts on third-party social media websites, such as Facebook®, LinkedIn® and Twitter® (collectively, “Social Media Pages”); and/or (d) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, KMT (collectively, the “Contact Services”). In addition, clients of KMT may receive KMT’s periodic newsletter containing blog posts and other information relating to emerging legal trends, case law and analysis (the “Newsletter,” and together with the Site, Content and Social Media Pages, the “KMT Offerings”).
Please review the following terms of the Agreement carefully. If you do not agree to the Agreement in its entirety, you are not authorized to use the KMT Offerings in any manner or form.
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).
The KMT Offerings are offered for informational purposes only. The KMT Offerings are not intended to offer legal advice, recommendations, mediation or counseling in connection with any legal matter, under any circumstances, and no element of the KMT Offerings should be construed as such. Any use of the Content by an end-user is not intended to, and will not create, an attorney-client relationship between any such end-user and us. We disclaim any and all liability for any loss, damage, or injury based on information directly or indirectly obtained through the KMT Offerings.
Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). Please be advised that KMT is not in any way affiliated with Facebook, LinkedIn or Twitter, nor are the KMT Offerings endorsed, administered or sponsored by any of the foregoing entities.
- Scope/Modification of Agreement. The Agreement constitutes the entire and only agreement between you and us with respect to your use of the KMT Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however,that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the KMT Offerings. By your continued use of the KMT Offerings, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions in effect at the time of the subject dispute). Therefore, you should regularly check this page for updates and/or changes.
- Requirements. The Site is available only to individuals that: (a) are at least eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction of residence); and (b) can enter into legally binding contracts under applicable law (collectively, “Usage Requirements”). The KMT Offerings are not intended for individuals who do not satisfy the Usage Requirements. If a user does not satisfy the Usage Requirements in their entirety, that user does not have permission to access or use the KMT Offerings.
To the extent permitted by applicable law, KMT may terminate your right to access the KMT Offerings at any time where you: (i) are in any way in breach of the Agreement; and/or (ii) are engaged in any improper conduct in connection with the KMT Offerings.
- KMT Offerings.
(b) Content. The Site contains Content which includes, but is not limited to: (i) “About the Firm” and “Practice Areas” sections that describe KMT’s practice; (ii) an “Our Attorneys” section that contains information regarding KMT’s attorneys; (iii) a regularly updated blog; (iv) a regularly updated newsletter; (v) an updated list of publications authored by, or featuring, KMT attorneys; and (vi) other materials regarding KMT, its practice, and timely legal issues and current events. The Content is offered for informational purposes only. The Content is not intended to offer legal advice, recommendations, mediation or counseling in connection with any legal matter, under any circumstances, and no element of the Content should be construed as such. Any use of the Content by you is not intended to, and will not create, an attorney-client relationship between you and us.
(c) Social Media Pages. The Site contains links to the various KMT Social Media Pages. The Social Media Pages are hosted and made available on third-party websites (“Social Media Websites”) by third-party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that KMT shall not be liable to you, any other user or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
(d) General. Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the KMT Offerings shall be subject to the Agreement. You understand and agree that we are not responsible or liable in any manner whatsoever for your use of, or inability to use and/or qualify for, the KMT Offerings. If we terminate the Agreement for any reason, we shall have no liability or responsibility to you. You understand and agree that refusal to use the KMT Offerings is your sole right and remedy with respect to any dispute with us.
- License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the KMT Offerings and associated content in accordance with the Agreement. We may terminate this license at any time for any reason. You may use the KMT Offerings for your own personal, non-commercial use. No part of the KMT Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the KMT Offerings or any portion thereof. We reserve any rights not explicitly granted in the Agreement. Systematic retrieval of material from the KMT Offerings by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us is prohibited. Your right to use the KMT Offerings is not transferable.
- Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the KMT Offerings are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the KMT Offerings is strictly prohibited. You do not acquire ownership rights to the KMT Offerings or any content, document, software, services or other materials viewed at or through the KMT Offerings. The posting of information or material on the Site and/or by and through the KMT Offerings by KMT does not constitute a waiver of any right in or to such information and/or materials.
- Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
- Indemnification.You agree to indemnify and hold us, our parents, subsidiaries and affiliates, and each of their respective partners, associates, employees and/or other agents, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third-party due to or arising out of: (a) your improper and/or unauthorized use of the KMT Offerings; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this Section 7 are for our benefit, as well as our parents, subsidiaries and affiliates, and each of their respective partners, associates, employees and/or other agents. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
- Disclaimer of Warranties. THE KMT OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, KMT MAKES NO WARRANTY THAT: (A) THE KMT OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL MEET YOUR REQUIREMENTS; (B) THE KMT OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR LEGAL SERVICES AS ADVERTISED ON THE SITE; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE KMT OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL BE ACCURATE OR RELIABLE. THE KMT OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KMT OR OTHERWISE THROUGH OR FROM THE KMT OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
- Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE KMT OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME; (B) THE FAILURE TO QUALIFY FOR LEGAL SERVICES AS ADVERTISED ON THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR CONTACT DATA; AND (D) ANY OTHER MATTER RELATING TO THE KMT OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, OUR MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE KMT OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF COMPANY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- Third-Party Websites. The Site may provide links to and/or refer you to other Internet websites and/or resources including, without limitation, the Social Media Websites. Because we have no control over such third-party websites and/or resources, you hereby acknowledge and agree that we are not responsible for the availability of such third-party websites and/or resources. Furthermore, we do not endorse, and are not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third-party websites or resources, or for any damages and/or losses arising therefrom.
- Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and we will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
- Dispute Resolution Provisions. The 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). Should a dispute arise concerning the KMT Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York, New York, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found on the Site Here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is also available on the Site Here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against us and/or our employees, partners, associates, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that we incur in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
- Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed 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 KMT Offerings is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. KMT may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
- Contact Us. If you have any questions regarding the Agreement, or would like more information from KMT, please email us at: email@example.com; call us at: (212) 246-0900; or send US mail to: Klein Moynihan Turco LLP, 450 Seventh Avenue, 40th Floor, New York, NY 10123.