Terms of Service

This website--together with any Services (as defined below)-- is operated by Weltman & Moskowitz, LLP. By using this website, you acknowledge and consent to our terms of service described below.

1. Acceptance of Terms.  We may notify you of changes in terms of service by posting the revised version of the terms here. Your use of the website with the changes will constitute your acceptance of those changes.  We may, at any time, modify or discontinue all or part of the website; refuse to provide any user with access, charge, modify, or waive fees required to use the website; or offer other opportunities to some or all visitors and users.
 
2. Jurisdiction.  The website is controlled and/or operated from the United States, and is not intended to subject us to non-U.S. jurisdiction or laws, except as otherwise expressly stated here.  The website may not be appropriate or available for use in some jurisdictions outside of the United States. If you access the website, you do so at your own risk, and you are responsible for complying with all local laws, rules, and regulations.  We may limit the website's availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.
 
3. Description of Services.  We provide visitors and users with access to general educational information and services about us, including without limitation:  (a)  information such as newsletters, blogs, legal updates, articles, media updates, attorney profiles, staff profiles, event details, offers, videos, photos, text, data, and other similar content, and (b) services such as event registration, subscription management, research tools, audio or video players, and links to third-party websites.

WHILE THE INFORMATION ON THE WEBSITE CONCERNS LEGAL ISSUES, IT IS NOT LEGAL ADVICE.  IN ADDITION, USE OF THE WEBSITE IS NOT INTENDED TO CONSTITUTE, AND DOES NOT CONSTITUTE, A SOLICITATION FOR THE FORMATION OF AN ATTORNEY-CLIENT RELATIONSHIP. NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED THROUGH YOUR USE OF THE WEBSITE.  Neither receipt of information presented in person, nor any mail, fax, email or electronic communication sent through this website will create an attorney-client relationship. Nor will any such email or communication will not be treated as confidential.  No user should act or refrain from acting on the basis of information included here without seeking legal advice of counsel in the relevant jurisdiction.  We expressly disclaim all liability with respect to actions taken or not taken based on any contents posted here or exchanged with you.

If you desire to create an attorney-client relationship with us, two things first must happen: (a) you must sign and return to us an engagement letter or  representation agreement in a form satisfactory to us, and (b) we must have returned to you a counter-signed counterpart of the agreement signed by us. Unless both of these requirements are met, no attorney-client relationship exists between you and Weltman & Moskowitz, LLP or any of its attorneys.
 
4. Information You Submit.  Your submission of information through the website is governed by our Privacy Policy.  You agree that all information you provide to us is true, accurate, and complete, and you will maintain and update such information regularly.  If you choose to make any of your personally identifiable or other information publicly available on the website, you do so at your own risk.
 
5. Rules of Conduct.  We grant you a limited license to view, copy, download and print the materials on the website for your personal use subject to these terms of service and the following additional conditions: (i) any copied materials must include the copyright notice, (ii) except as permitted by the doctrine of “fair use” with attribution, the materials may not, in whole or in part, be republished or otherwise redistributed. While using the website, you will comply with all applicable laws, rules, and regulations. In addition, we expect users of the website to respect the rights and dignity of others. Your use is also conditioned on your compliance with the rules of conduct set forth below. Your failure to comply with the rules may result in immediate termination of your license and denial of access to the website in accordance with these terms.

Subject to the rules of conduct, you agree you will not:

• Use the website for any fraudulent or unlawful purpose.
   
• Use the website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users. 
   
• Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the website, or express or imply that we endorse any statement you make.
   
• Interfere with or disrupt the operation of the website or the servers or networks used to make the website available, or violate any requirements, procedures, policies or regulations of such networks or servers.
   
• Transmit or otherwise make available in connection with the website any virus, worm, Trojan horse, Easter egg, time bomb, spyware, malware, or other malicious computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
   
• Restrict or inhibit any other person from using the website, including without limitation by posting provocative or inappropriate comments or hacking or defacing any portion of the content.
   
• Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the website or its content.
   
• Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the website. 
   
• Remove any copyright, trademark, or other proprietary rights notice from the website or materials originating from here.  
   
• Frame or mirror any part of the website without our express prior written consent.
   
• Create a database by systematically downloading and storing website content.
   
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine," or in any way gather website content or reproduce or circumvent the navigational structure or presentation without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the website for the sole purpose of and only to the extent necessary for creating publicly available searchable indices of such materials in connection with each operator’s public online search service. We reserve the right to relax or revoke any of these exceptions either generally or in specific instances.

6. Registration. You may need to register to use a portion of the website. We may reject, or require that you change, any user name, password, response to a challenge question, or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential. You as a user are responsible for any use of your user name and password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your user name and password, or your website account.
 
7. Accuracy of Information. We attempt to ensure that information on this website is complete, accurate, and current. Despite our efforts, the information included here may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or validity of any information posted here.

8. Our Proprietary Rights. We and our licensors and suppliers own the information and materials made available through the website.  Such information and materials may be protected by copyright, trademark, patent, and/or other proprietary rights and laws.  Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the website content or code, or any information or materials made available here.  

All trademarks and service marks on the website not owned by us are the property of their respective owners.  You may not use our trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion.  Nothing contained here should be construed as granting any license or right to use any trademarks or service marks without express prior written consent of the owner.
 
PLEASE NOTE THAT UNAUTHORIZED USE OF ANY SERVICES, INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE USED BY THE SERVICES, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING, WITHOUT LIMITATION, POSSIBLE MONETARY DAMAGES, AND INCLUDING WITHOUT LIMITATION FOR COPYRIGHT INFRINGEMENT.

9. Links.  The website may provide links to other websites and online resources.  We are not responsible for and do not endorse such external sites or resources.  Other websites may link to the website with or without our authorization, and we may or may not block any links to or from here.  YOUR USE OF THIRD-PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK. Additionally, we may provide tools to allow you to link to the website directly from a third-party site. If you choose to link to the website--whether using such tools or otherwise--you agree to disable and remove any such link promptly upon our request.
 
10. Limitations of Liability and Disclaimers.  THE WEBSITE AND ALL GOODS, SERVICES, INFORMATION, AND EDUCATIONAL MATERIALS MADE AVAILABLE THROUGH IT, ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE WEBSITE AND ALL SERVICES, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH IT, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.  WE MAKE NO REPRESENTATION OR WARRANTY THAT THE WEBSITE (OR ANY PORTION OF IT) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE WEBSITE, AND (B)  ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE WEBSITE.  YOU AGREE YOU MUST EVALUATE THIS YOURSELF, AND THAT YOU BEAR SOLE RISKS ASSOCIATED WITH THE USE OF THE WEBSITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE HERE.
 
WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE WEBSITE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF YOU ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.  FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE OR FROM ANY INFORMATION OR MATERIALS POSTED.  YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING IT.  OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE WEBSITE.
 
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.  IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
 
While we try to maintain the security of the website, we do not guarantee it will be secure or that any use of the website will be uninterrupted.  Additionally, third parties may make unauthorized alterations to the website.  If you become aware of any unauthorized third-party alterations, or inappropriate postings or comments by others, contact us at info@weltmosk.com with a description of the materials at issue and the URL or location of such materials.
 
11. Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold us or our affiliates harmless from and against all claims, losses, costs, and expenses (including attorney’s fees) arising out of (a) your use of, or activities in connection with, the website, or (b) any violation of these terms of service by you.
 
12. Termination. These terms of service are effective until terminated. We may, at any time and for any reason, terminate your access to or use of:  (a) the website, (b) your user name and password or (c) any files or information associated with your user name and password. If we terminate your access to the website, you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access or to any such information or files, and (except as may be required under applicable law) shall not be required to make such information or files available to you after any such termination. We may take steps that we believe are appropriate to enforce or verify compliance with any part of these terms of service (including our right to cooperate with any legal process relating to your use of the website or any third-party claim that your use of the website is unlawful or infringes such third-party’s rights). Sections 2, 3, 7, 8, 9, 10, 11, 12, 13, and 18 shall survive any expiration or termination of these terms of service.
 
13. Governing Law; Dispute Resolution. You hereby agree that this Agreement (and any claim or dispute arising in connection with these terms of service or your use of the website) is governed by and shall be construed in accordance with the laws of the State of New York, U.S.A., without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in City, County, and State of New York, U.S.A., and waive any jurisdictional, venue, or inconvenient forum objections thereto. 
 
14. Filtering. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. 

15. Information or Complaints. If you have a question or complaint regarding the website, please contact us via email at info@weltmosk.com. Email communications are not necessarily secure, so please do not include confidential or time sensitive information in any email to us. You may also contact us by first-class mail at:

Weltman & Moskowitz, LLP
270 Madison Avenue, Suite 1400
New York, New York 10016
 
16. Ability to Enter Into This Agreement.  By using the website, you affirm you are of legal age to enter into the agreement covered by the terms of service or, if you are not, that you have obtained parental or guardian consent to enter into these terms of service. 
 
17. Other Contacts.  If you have any questions regarding the meaning or application of these terms of service, please direct such questions to info@weltmosk.com.  Email communications are not necessarily secure, so please do not include time sensitive or confidential information in any email to us. 
 
18. Miscellaneous.  These terms of service do not create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. If any provision of these terms of service are found to be unenforceable, that provision will not affect the validity and enforceability of any other provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under these terms of service without our express prior written consent.  No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. These terms of service hereby incorporate by this reference any additional terms that we post on the website (including our Privacy Policy). Except as otherwise expressly stated, these terms of service constitute the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made via posting to the website, by email, or by regular mail, or any combination of delivery methods, in our sole discretion.
 
We may provide notice of changes to these terms of service or other matters by displaying such notices or by providing links to such notices.  You agree that a printed version of these terms of service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings, based upon or relating to these terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  We will not be responsible for failure to fulfill any obligation due to causes beyond our control. 

© 2012 Weltman & Moskowitz, LLP.  All rights reserved.