These Terms and Conditions were last modified and effective as of January 1, 2010.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND, TOGETHER WITH ALL THE OTHER TERMS AND CONDITIONS REFERRED TO BELOW, FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF OUR SITES.
IF, FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OF OUR TERMS, PLEASE IMMEDIATELY DISCONTINUE USING OR ATTEMPTING TO USE OF OUR SITES, BECAUSE IF YOU CONTINUE, YOU WILL BE AGREEING TO ALL THE TERMS DESCRIBED OR REFERRED TO BELOW.
Trademarks, Copyright & Database Rights. Copyright in the content of each Site (including without limitation all images, illustrations, designs, icons, photographs, video clips, trademarks, service marks, the “look” and “feel”, color combinations, button shapes, layout, design, graphical elements, arrangement of items, written and other materials that appear on this Site, HTML and other code and all copyrightable or otherwise legally protectible elements on our Sites) and all database rights in each Site (collectively, the “Content”) are owned by Amy Acheson and are legally protected under intellectual property laws. The modification, copying, distribution or incorporation into any other work of part or all of any Site or its Content in any form is prohibited except that you may print or download extracts for your non-commercial, informational and personal use only. All rights are reserved.
All product names, names of services, trademarks and service marks (“Marks”) are the property of Amy Acheson, or the property of their respective owners, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by these Terms and Conditions.
Links. There may be links that make it easier for you to connect to third party websites or that will let you access the Site from third party websites. Linked third party websites are not under the control of Amy Acheson and Amy Acheson is not responsible for the contents of any linked third party website or any link contained in such a linked website. Existence of links to other third party websites is not an endorsement by Amy Acheson in favor of such website or the products or services contained in any third party website. If you choose to access a third party website linked on the Site, you do so entirely at your own risk. Concerns regarding services or resources or links to third party websites should be directed to the provider of the outside service or resource. You are permitted to link to the homepage www.achesonlegal.com without prior consent. Amy Acheson at all times reserves the irrevocable right to rescind consent for any link to the Site and to take any legal action deemed appropriate.
Acceptable use. You are granted a limited license and right to use the Content of the Site solely in connection with your direct personal, non-commercial use. Unauthorized or prohibited use of Content may subject you to civil or criminal liability. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. You may not do the following in connection with use of any of the Site:
- Alter, delete or conceal copyright or other notices, even if we let you download, display print or share the Content with others;
- Send unsolicited commercial email to the email addresses provided on the Site. The posting of email addresses is not to be construed as, and does not constitute consent to use of them by any seller of services, any compiler of mailing lists, or any other non-authorized use without prior permission from Amy Acheson. In addition, spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited;
- Post or transmit to or from the Site any unlawful, threatening, libelous, defamatory, obscene, inflammatory, indecent or pornographic material or other material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to any civil liability or otherwise violate any applicable law;
- Post or transmit and from the Site any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trade mark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
- Download any file posted by any other user if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner;
- Attempt to probe, scan or test the vulnerability of the Site, system or network or to breach security or authentication measures without proper authorization;
- Interfere or attempt to interfere with the proper functioning of the Site, including, without limitation, via means of submitting a virus to the Site or Reed Smith, overloading, “flooding”, “mailbombing” or “crashing”;
- Send unsolicited e-mail of promotions and/or advertising of products or services;
- Forge any TCP/IP packet header or any part of the header information in any e-mail;
- Frame the contents of any part of the Site within any materials not originated by Amy Acheson.
Indemnification. You agree to defend Amy Acheson against all claims, demands, or actions arising from or incurred as a result of your breach of these Terms and Conditions (“Claim”) and you shall indemnify and hold Amy Acheson harmless from and against any expenses, losses, damages and costs (including but not limited to reasonable legal costs and disbursements) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us, at our request, in the defense of any such Claim.
Termination. These Terms and Conditions are effective unless and until terminated by either you or Amy Acheson. You may terminate your acceptance of your agreement with us by discontinuing any further use of the Site. Amy Acheson may also terminate, discontinue or suspend the Terms and Conditions and/or the Site at any time and may do so immediately without notice, and accordingly you may be denied access to the Site for any reason or no reason. Upon any termination of these Terms and Conditions by either you or us, you must promptly destroy all materials downloaded from any Site, as well as copies of such materials, whether made under the terms of this agreement or otherwise.
Severance & Waiver. If any provision of these Terms and Conditions is found to be invalid by any court having jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of our Terms and Conditions, which shall remain in full force and effect. No waiver of any term of our Terms and Conditions shall be deemed a continuing waiver of such term or any other term.
Third Party Rights. Nothing in these Terms and Conditions is intended to confer on any third party (whether referred to in our Terms and Conditions by name, class, description or otherwise) any benefit or any right to enforce any provision of our Terms and Conditions or any agreement entered into in connection with it.
Any claim relating to, and the use of, the Site and the materials contained herein is governed by United States law. You consent to the exclusive jurisdiction of the American Courts.
No Attorney-Client Relationship. The Site is presented for informational purposes only. Your use of the Site does not create an attorney-client relationship with Amy Acheson, nor does such use constitute the receipt of legal advice from Amy Acheson. A detailed confidential discussion of your specific circumstance with an attorney(s) of the firm is an integral and necessary component of becoming a client of Amy Acheson. No user of any of the Site, whether or not the user is an existing client of Amy Acheson, should act or refrain from acting based on the content of any of our Sites without seeking appropriate legal counsel from a properly licensed attorney. Although the information contained in each Site is not intended to be advertising, some material may be considered advertising under the professional rules of conduct in some states. Amy Acheson is unable to represent a client that may come to the firm for legal assistance from a jurisdiction where the material provided on the relevant Site does not comply with local state ethics rules, if that client came to us directly as a result of material they viewed on such Site.
Site Content; Disclaimer And Limitation Of Liability. THE SITE AND ALL CONTENT ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY RELATING TO TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR PURPOSE. THERE IS NO GUARANTY OR ASSURANCE THE SITE OR CONTENT WILL BE AVAILABLE FOR USE OR THAT ALL CONTENT WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY SITE OR CONTENT IS ACCURATE, COMPLETE, ERROR FREE. ALTHOUGH WE ENDEAVOR TO ENSURE THAT THE CONTENT OF THE SITE IS ACCURATE AND UP TO DATE (EVEN THOUGH THERE IS NO OBLIGATION TO DO SO). USERS SHOULD SEEK APPROPRIATE LEGAL ADVICE BEFORE TAKING OR REFRAINING FROM TAKING ANY ACTION BASED ON INFORMATION PROVIDED VIA THE SITE. THE CONTENTS OF THE SITE SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. AMY ACHESON IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR EQUIPMENT, PROGRAMS AND INFORMATION AND BY USING THE SITE. YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH USE OF THE SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, AMY ACHESON DISCLAIMS ALL LIABILITY FOR ANY LOSS, DAMAGE, COST AND EXPENSE OF ANY KIND, DIRECT AND INDIRECT, IN CONNECTION WITH OR ARISING FROM THE SITE, CONTENT, ANY ACTION TAKEN (OR NOT TAKEN) AS A RESULT OF THE SITE OR CONTENT OR THE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF CLAIM AND WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THE FOREGOING PARAGRAPHS DO NOT ATTEMPT TO AFFECT ANY OF YOUR STATUTORY RIGHTS AS A CONSUMER OR OTHERWISE UNDER THE APPLICABLE LAW OF THE RELEVANT JURISDICTION. TO THE EXTENT THAT THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE EXPRESSLY PROHIBITED BY LAW THOSE PARTS OF THE CLAUSES THAT ARE PROHIBITED WILL NOT APPLY. THE REMAINING TERMS AND CLAUSES WILL CONTINUE TO APPLY. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM EXCLUSIONS AND LIMITATIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED U.S. DOLLARS ($100).
Miscellaneous. These Terms and Conditions can not be modified except as described herein or in a written amendment signed by an authorized representative of Amy Acheson. No electronic or digital communication of any kind is to be construed as a ‘writing’ for purposes of amending or modifying our Terms and Conditions or the rights or obligations of the parties hereunder. Any provision which must survive any termination of your agreement with in order to allow enforcement of its meaning shall survive. You may not make or initiate any claim, demand or action against Amy Acheson, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
Further Information. Questions regarding these Terms and Conditions or notifications of any errors should be directed to Amy Acheson, One Oxford Centre, Suite 4300, 301 Grant Street, Pittsburgh PA 15219.
© Amy Acheson 2010.
Attorney Advertising. This Web site may be considered advertising under the rules of some states. Prior results described on this site cannot and do not guarantee or predict a similar outcome with respect to any future matter that Amy Acheson or any lawyer may be retained to handle.