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Terms of Use
Agreement
By using this site, you are agreeing to
comply with and be bound by the following terms of use.
Please review the following terms
carefully. If you do not agree to these terms, you should not use
this site.
- No Legal Advice or
Attorney-Client Relationship.
Information contained on or made available through this site is
not intended to and does not constitute legal advice,
recommendations, mediation or counseling under any circumstance.
This site and your use thereof does not create an attorney-client
relationship. We do not warrant or guarantee the accurateness,
completeness, adequacy or currency of the information contained in
or linked to this site. Your use of information here is entirely at your own risk. You
should not act or rely on any information here without seeking the
advice of a competent attorney licensed to practice in your
jurisdiction for your particular problem.
- Copyright.
All content is protected under applicable copyrights, trademarks and other
proprietary (including but not limited to intellectual property)
rights. The copying, redistribution, use or publication without
permission is strictly prohibited.
- Linking to the Site.
You may provide links to the Site, provided (a) that you do not
remove or obscure, by framing or otherwise, the copyright notice or
other notices on the Site, (b) your site does not engage in illegal
or pornographic activities, and (c) you discontinue providing links
to the Site immediately upon request by us.
- Certain Confidentiality
Issues.
Choosing an attorney is a serious matter and should not be based
solely on information contained on the Site or in advertisements and
may not be accomplished by sending us confidential information
related to you and/or your company unless we have expressly
authorized the submission of such information by written
authorization.
You may send us e-mail. However, if you communicate with us in
connection with a matter for which we do not already represent you,
you should not send us confidential or sensitive information via
e-mail because your communication will not be treated as privileged
or confidential. If you communicate with us by e-mail in
connection with a matter for which we already represent you, you
should note that the security of Internet e-mail is uncertain. By
sending sensitive or confidential e-mail messages which are not
encrypted, you accept the risks of such uncertainty and possible
lack of confidentiality over the Internet.
- Designation.
To the extent the Bar Rules in your jurisdiction require us to
designate a single attorney responsible for this site, we designate
Nathaniel Burney, e-mail: "nburney (at) burneylawfirm.com."
- Use In Other Jurisdictions.
We practice law only in jurisdictions in which we are properly
authorized to do so. We do not seek to represent anyone in any
jurisdiction where the Site does not comply or is in any way
inconsistent with the rules governing communication of legal
services in a particular state. We are unwilling to assume the
representation of clients from those states where the materials do
not comply with State Bar requirements and where the client is
generated as a result of that communication.
- Statement In Compliance With
Certain Rules Of Professional Conduct.
Unless otherwise specified, the attorneys listed on the Site are not
certified by the Texas Board of Legal Specialization and are not
certified as a specialist in any practice area by the Tennessee
Commission on the Continuing Legal Education and Specialization.
- Errors, Corrections and
Changes.
We do not represent or warrant that the Site will be error-free,
free of viruses or other harmful components, or that defects will be
corrected. We do not represent or warrant that the information
available on or through the Site will be correct, accurate, timely
or otherwise reliable. The law is constantly changing and the
information may not be complete or accurate depending on your
particular legal issue. Each legal issue depends on its individual
facts and different jurisdictions have different laws and
regulations. We may make changes to the features, functionality or
content of the Site at any time. We reserve the right in our sole
discretion to edit or delete any documents, information or other
content appearing on the Site.
- Third Party Content.
Third party content may appear on the Site or may be accessible via
links from the Site. We are not responsible for and assume no
liability for any third party content. You understand that the
information and opinions in the third party content represent solely
the thoughts of the author and is neither endorsed by nor does it
necessarily reflect our belief.
- Unlawful Activity.
We reserve the right to investigate complaints or reported
violations of this Agreement and to take any action we deem
appropriate, including but not limited to reporting any suspected
unlawful activity to law enforcement officials, regulators, or other
third parties and disclosing any information necessary or
appropriate to such persons or entities relating to your profile,
e-mail addresses, usage history, IP addresses and traffic
information.
- Use of Information/Privacy
Policy.
We reserve the right, and you authorize us, to the use and
assignment of all information regarding Site uses by you and all
information provided by you in any manner consistent with our
Privacy Policy. Our Privacy Policy, as it may change from time
to time, is a part of this Agreement. You may review this
Privacy Policy by clicking on
this link.
- Copyrights and Copyright
Agents.
We respect the intellectual property of others, and we ask you to do
the same. If you believe that your work has been copied in a way
that constitutes copyright infringement, please provide our
Copyright Agent the following information:
a. An electronic or physical signature of the
person authorized to act on behalf
of the owner of the copyright
interest;
b. A description of the copyrighted work that you
claim has been infringed;
c. A description of where the material that you
claim is infringing is located on the Site;
d. Your address, telephone number, and e-mail
address;
e. A statement by you that you have a good faith
belief that the disputed use is not authorized by the
copyright
owner, its agent, or the law; and
f. A statement by you, made under penalty of
perjury, that the above information in your Notice is
accurate and
that you are the copyright owner or authorized to act on the
copyright owner’s behalf.
Our Copyright Agent for Notice of claims
of copyright infringement on the Site can be reached by
directing an
e-mail to the Copyright Agent at "info (at) burneylawfirm.com"
- Miscellaneous.
This 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. Any cause of action by
you with respect to the Site must be instituted within one (1) year
after the cause of action arose or be forever waived and barred. All
actions shall be subject to the limitations set forth in Section 16
and Section 17. The language in this Agreement shall be interpreted
as to its fair meaning and not strictly for or against any party.
Any rule of construction to the effect that ambiguities are to be
resolved against the drafting party shall not apply in interpreting
this Agreement. The headings in this Agreement are included for
convenience only and shall neither affect the construction or
interpretation of any provision of this Agreement nor affect any of
the rights or obligations of the parties to this Agreement. Should
any part of this Agreement be held invalid or unenforceable, that
portion shall be construed as much as possibly 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
Site is in conflict or inconsistent with this Agreement, this
Agreement shall take precedence. Our failure to enforce any
provision of this Agreement shall not be deemed a waiver of such
provision nor of the right to enforce such provision. Our rights
under this Agreement shall survive any termination of this
Agreement.
- Arbitration.
Any legal controversy or legal claim arising out of or relating to
this Agreement or the Site (excluding legal action taken by us or
you to collect or recover damages for, or obtain any injunction
relating to, intellectual property ownership or infringement), shall
be settled solely by confidential binding arbitration in accordance
with the commercial arbitration rules of the American Arbitration
Association. Any such controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration
with any claim or controversy of any other party. The arbitration
shall be conducted in New York, New York. Each party shall bear
one-half of the arbitration fees and costs incurred through the
American Arbitration Association, and each party shall bear its own
attorneys’ fees.
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