a. By accessing and using the Nolan & Heller, LLP (“N&H”) website (www.nhkllp.com), you agree to be bound by the Terms and Conditions of Website Use set forth below. Please read these Terms and Conditions of Website Use carefully before using the N&H website. If you do not agree with the Terms and Conditions of Website Use, discontinue your use of the N&H website immediately.
2. Terms and Conditions of Website Use
a. Amendments. These Terms and Conditions of Website Use may be changed at any time without notice. Your continued use of the N&H website constitutes your agreement to be bound by any such modifications.
b. No Attorney-Client Relationship. From time to time, the N&H website may provide information concerning legal issues. This information is not intended to be, and should not under any circumstances be construed as, legal advice. You agree that N&H is not engaged in rendering legal services or providing legal advice by providing information and materials on the N&H website. Your use of the N&H website does not create any attorney-client relationship between you and N&H or any of its attorneys. You agree that N&H will not be responsible for any losses or damages suffered by you as a result of your reliance or use of the information provided on the N&H website.
c. Intellectual Property Rights. All materials contained on the N&H website, including all intellectual property rights, such as trademarks, copyrights, service marks, trade names, and trade dress, are owned by N&H. You agree not to reproduce, copy, transmit, publish, modify, or distribute any of the materials on the N&H website without the prior express written consent of N&H.
d. External Website Links. The N&H website may, from time to time, contain links to other websites that are not within the responsibility or control of N&H. N&H makes no representations or warranties regarding any such external websites, nor does it endorse or approve of the information, products, or services provided or offered therein. You agree that, by clicking on links on the N&H website to connect to external websites, you are accessing and using such external websites solely at your own risk. You are encouraged to read the privacy policies of other websites you link to from the N&H website.
e. No Warranty. The materials provided on the N&H website are provided “as is” and without warranty of any kind, express or implied. N&H disclaims all express and implied warranties with regard to any information or materials provided on its website, including without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
f. Right to Monitor and/or Disclose. N&H is not obligated to monitor its website or use thereof, or to retain the content of any user session; however, N&H reserves the right to monitor, retain, review, and/or disclose any information as necessary to comply with any applicable federal, state, or local law, rule, regulation, legal process or governmental request, and/or to cooperate with law enforcement and other governmental authorities investigating possible illegal activity.
g. Limitation of Liability. In no event shall N&H or its contributors to its website, be liable for any loss or injury, or any damages, whether direct, special, indirect, punitive, incidental, exemplary, consequential, or otherwise, whether based on breach of contract, tort (including negligence), product liability, or otherwise, resulting from your access or use of the N&H website. You hereby waive any and all such claims against N&H and its contributors. You agree that the limitations set forth herein are fundamental elements of this agreement, and that N&H and its contributors would not provide such website, information, and materials to you in the absence of such limitations.
h. Indemnification. You agree that you will not use the N&H website for any unlawful purpose, or for any purpose prohibited under these Terms and Conditions of Website Use. You agree to indemnify, defend, and hold harmless N&H and its contributors from any liability, loss, claim, and expense (including attorneys’ fees) related to your violation of these Terms and Conditions of Website Use and/or your use of materials on the N&H website.
i. Governing Law and Forum for Resolution of Disputes. These Terms and Conditions of Website Use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. Any dispute between you and N&H regarding the content or use of the N&H website shall be resolved by arbitration under the Commercial Rules of the American Arbitration Association, with hearings held in the County of Albany, State of New York, United States.
j. No Waiver. N&H’s failure to insist upon strict enforcement of any provision of these Terms and Conditions of Website Use shall not be construed as a waiver of any provision or right.
a. Unless you voluntarily choose to submit or otherwise disclose personally identifiable information to us, N&H may collect non-identifying information relating to the access and use of its website. The information that may be collected consists of internet protocol addresses, browser types, internet service providers, referring and exit pages, operating system, date and time stamp, and clickstream data. Such information may be automatically collected and stored in website log files. Such information does not identify individual users, but may be used by N&H or its service providers to analyze trends, administer and maintain the N&H website, track movements throughout the N&H website, and evaluate basic data concerning N&H website access and use.
b. The N&H website includes a page on which you may complete a form seeking to contact N&H. The form requests personally identifiable information, such as name, email address, and description of the purpose of the contact. The form is intended to allow N&H personnel to contact those users that specifically request to be contacted. Submission of information through the form constitutes your consent to N&H’s use of such information to contact you. Your submission of personally identifiable information through the form does not establish an attorney-client relationship.
c. N&H will not disclose, sell, or rent any personally identifiable information collected through its website, unless (a) approved by you or (b) required or authorized by applicable federal, state, or local law (whether pursuant to statute, rule, regulation, case law, legal process or government request), and/or to cooperate with law enforcement and other governmental authorities investigating possible illegal activity.