TERMS AND CONDITIONS

WELCOME!  PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE VIEWING OR USING ANY PORTION OF THIS WEBSITE. 

THIS WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.  THIS WEBSITE DOES NOT CONTAIN OR CONSTITUTE LEGAL ADVICE OR OPINION OF ANY KIND OR NATURE.  THIS WEBSITE SHALL NOT BE CONSTRUED TO CONTAIN OR CONSTITUTE LEGAL ADVICE OR OPINION.  YOU USE OF THE WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND MGA, AND INFORMATION YOU OBTAIN FROM MGA VIA YOUR USE OF THIS WEBSITE IS NOT AN ATTORNEY-CLIENT COMMUNICATION AND MAY NOT BE PROTECTED BY THE ATTORNEY-CLIENT PRIVLEDGE.  NO ATTORNEY-CLIENT RELATIONSHIP EXISTS UNLESS AND UNTIL YOU AND MGA HAVE EXECUTED AN ENGAGEMENT AGREEMENT, AND YOU SHALL NOT REPRESENT TO ANY THIRD PARTY THAT YOU ARE MGA’S CLIENT UNTIL AN ENGAGEMENT AGREEMENT IS EXECUTED BY YOU AND MGA.

BY VIEWING OR USING THIS WEBSITE, YOU REPRESENT, WARRANT, AND INDICATE YOUR ACCEPTANCE OF, AND AGREEMENT TO BE BOUND BY, THE TERMS AND CONDITIONS SET FORTH BELOW (THE “AGREEMENT”).  IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW, PLEASE EXIT THIS WEBSITE IMMEDIATELY.

TERMS AND CONDITIONS

1.    Use and Acceptance.
 

1.1.    This Agreement constitutes Your agreement with Mark Grossman & Associates, P.A. (“MGA” or “We” or “Us”), with respect to Your use of the Website.  This Agreement will refer to the user of the Website as “You” or “Your.”  You must agree to abide by all of the terms and conditions contained in this Agreement in order to continue viewing or using the Website.  You represent, warrant and covenant that you are at least eighteen (18) years old.


1.2.    MGA may change, suspend or discontinue any aspect of the Website at any time.  MGA may also impose limits on certain features and services or restrict access to parts or all of the Website without notice or liability.  You hereby acknowledge and agree that MGA does not have any obligation to You of any kind or nature in connection with any change, suspension, discontinuation, or limitation of the Website.

1.3.    You shall not: (i) send to MGA, or copy MGA on, any emails, letters, or other documentation unless and until You and MGA sign an engagement agreement, or (ii) in any way that could reasonably be interpreted to mean that MGA represents You.  MGA might already represent, or might in the future represent, a third party whose interests are adverse to your interests and therefore MGA may not be able to treat any information received from You as privileged.

1.4.    You represent and warrant that You will not use the Website to: (i) violate this Agreement, MGA’s privacy policy, or any applicable law; or (ii) harm the goodwill or standing of MGA or any of MGA’s clients, partners, employees, representatives, contractors, affiliates, or representatives.

1.5.    If You beach the terms of this Agreement then this Agreement and the license granted to you pursuant to this Agreement shall immediately and automatically terminate; provided, however, that provisions in this Agreement that by their nature should survive the termination of this Agreement shall survive the termination of this Agreement.

1.6.    If you believe that this Website or MGA’s privacy policy violate any applicable attorney ethical rule that you shall immediately cease using and leave this Website.

2.    Changes.  The then current version of this Agreement applies to visitors each time a visitor visits the Website.  MGA reserves the right to change this this Agreement at any time by notifying visitors of the existence and location of the new or revised this Agreement.  

3.    Copyright.  The Website is protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws.  The contents of the Website are only for Your personal, non-commercial use.  

4.    Links to Other Sites.  The Website may contain links and pointers to other webites and resources.  If You click on these links, You will be transported to other websites that are neither owned nor controlled by MGA (collectively, “Third Party Sites”).  MGA has no control over the statements, products or services featured or sold at the Third Party Sites.  Links to Third Party Sites do not constitute an endorsement by MGA of the Third Party Sites, nor any of the statements, products or services offered or sold at the Third Party Sites.  

5.    Notice Specific to Documents Available on the Website.  From time to time, We may make certain documents available at the Website for Your online review or download (the “Documents”).  Permission to use Documents is granted provided that: (i) Reference to the author appears in all copies; (ii) Use of such Documents is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media; and (iii) No modifications of the Documents are made.

6.    Website Content and Information.  The Website contains information, text, and other materials (collectively, the “Information”) that are provided for Your convenience and enjoyment. You should be aware that the Information might contain errors, omissions, inaccuracies, or outdated information.  MGA makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Information and shall not be liable for any lack of the foregoing.  Descriptions of, or references to, products or publications within the Website does not imply endorsement of that product or publication.

7.    WARRANTY; LIMITATIONS.  

7.1.    EVERYTHING ASSOCIATED WITH THE WEBSITE, INCLUDING ALL CONTENT, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, IS PROVIDED “AS IS.”  TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MGA AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER ABOUT: (i) ANY ASPECT OF THE WEBSITE; (ii) THE CONTENT ON THE WEBSITE; (iii) THE CONTENT, FUNCTIONS, MATERIALS AND INFORMATION ACCESSIBLE THROUGH THE WEBSITE; AND (iv) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE WEBSITE. 

7.2.    MGA AND ITS AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  MGA DOES NOT WARRANT THAT THE WEBSITE OR ANY MATERIALS OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL CONTENT.

8.    Limitation of Liability.  UNDER NO CIRCUMSTANCES SHALL MGA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE EVEN IF MGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MGA HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION FOR MORE THAN TEN DOLLARS ($10.00).  USE OF THE WEBSITE IS COMPLETELY AT YOUR OWN RISK. 

9.    Indemnity. You agree to indemnify MGA, its officers, employees, owners, representatives, agents, subsidiaries, affiliates, officers, partners, and licensors (hereinafter individually and collectively referred to as “Indemnitees”) and MGA agrees to control any litigation, negotiations, discussions, settlements, or associated dealings, for any claims, demands, penalties, fines, liabilities, attorneys’ fees, court costs, legal expenses and causes of action of any nature, whether civil or criminal, for losses and/or damages of any kind which may be brought against MGA and/or Indemnitees, in any way, directly or indirectly, incident to, arising out of, in connection with or resulting from Your use of the Website.

10.    New York Law and Jurisdiction.  Notwithstanding any provision to the contrary, this Agreement and the interpretation of its terms shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflicts of laws rules.  The parties consent to the exclusive jurisdiction and exclusive venue of the Federal and state courts in New York, NY. 

11.    Miscellaneous.  This Agreement contains the sole and entire agreement between the parties with respect to the subject matter of this Agreement and supersedes any and all other prior written or oral agreements between them. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this Agreement.