Effective Date: July 3, 2023
BY ACCESSING OR USING THE SITE, YOU (“YOU”) AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE SITE.
We may modify these Terms at any time and in our sole discretion. All changes will be effective immediately upon posting to the Site. Material changes will be conspicuously posted on the Site or otherwise communicated to you. By using the Site after changes are posted, you agree to those changes.
Privacy Notice. We may collect certain information about you and about your use of the Site as described in our Privacy Notice. The Privacy Notice describes our information collection, use, and sharing practices. If you do not agree to any terms in our Privacy Notice, do not access or use the Site.
No Legal Advice. The information presented on our Site is provided by Rader Mayrose as a courtesy and for informational and marketing purposes. The Site does not provide legal advice and is not intended to be a substitute for professional legal advice. By accessing this information, you assume full responsibility for the use of the information and understand and agree that Rader Mayrose is not responsible or liable for any claim, loss or damage arising from the use of the information.
Please do not send us confidential information unless we expressly request that you do so. Your access to or use of the information on this website does not create or establish an attorney-client relationship between you and Rader Mayrose or any of our individual lawyers. You should not rely on an e-mail transmitted to one of our individual lawyers to create an attorney-client relationship. Furthermore, unless you have an attorney-client relationship with Rader Mayrose, we are not obliged to keep confidential information you may send us. If you wish to become a client of Rader Mayrose, you must contact a Rader Mayrose attorney and explicitly negotiate an engagement.
No Warranties. This web site, and all information available on or accessed through this site, is provided “as is.” Rader Mayrose makes no warranties, representations or claims of any kind concerning the information presented on or through this site.
Intellectual Property Rights. The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of Rader Mayrose or, as applicable, its vendors or licensors. Except for the rights expressly granted to you in these Terms, Rader Mayrose reserves all other rights in and to the Site and Content, including all intellectual property rights. You may print and download information from the Site for review and retain it for reference. Any unauthorized use of any Marks, copyrighted materials, or any other intellectual property belonging to Rader Mayrose or any third party, including all other copying, publishing, distribution or transmission, whether in hard copy or electronic form, is strictly prohibited and may be prosecuted to the fullest extent of the law.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RADER MAYROSE OR ITS PARTNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, VOLUNTEERS, AGENTS, SUPPLIERS, ATTORNEYS OR LICENSORS (TOGETHER, “RADER MAYROSE PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A RADER MAYROSE PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE OR CONTENT.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE RADER MAYROSE PARTIES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION. YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS THE RADER MAYROSE PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITE OR ANY CONTENT, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITE.
WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).
What personal information is collected through this website?
User-supplied information: If you fill out the “contact” form on this website, we will ask you to provide some personal information (such as e-mail address, name, phone number and state). We only require that you provide an e-mail address on the contact form. Further, if chat is available through this site, you may be asked to provide information if you participate in an online chat. Please do not submit any confidential, proprietary or sensitive personally identifiable information (e.g. Social Security Number; date of birth; drivers license number; or credit card, bank account or other financial information) (collectively, “Sensitive Information”). If you submit any Sensitive Information, you do so at your own risk and we will not be liable to you or responsible for consequences of your submission.
Information that you provide to us through the contact form or an online chat will be used so that we may respond to your inquiry. We may also use information you provide to us to communicate with you in the future. If you do not wish to receive such communications, you may opt out (unsubscribe) as described below.
Web server logs: When you visit our website, we may track information about your visit and store that information in web server logs, which are records of the activities on our sites. The servers automatically capture and save the information electronically. Examples of the information we may collect include:
- your unique Internet protocol address;
- the name of your unique Internet service provider;
- the town/city, county/state and country from which you access our website;
- the kind of browser or computer you use;
- the number of links you click within the site;
- the date and time of your visit;
- the web page from which you arrived to our site;
- the pages you viewed on the site; and
- certain searches/queries that you conducted via our website(s).
The information we collect in web server logs helps us administer the site, analyze its usage, protect the website and its content from inappropriate use and improve the user’s experience.
Third-party Services: We may use services hosted by third parties, including Adobe Site Catalyst, to assist in providing our services and to help us understand the use of our site by our visitors. These services may collect information sent by your browser as part of a web page request, including your IP address or cookies. If these third-party services collect information, they do so anonymously and in the aggregate to provide information helpful to us such as website trends, without identifying individual visitors.
How is personal information that is collected through this website used?
We will not sell, rent, or lease mailing lists or other user data to others, and we will not make your personal information available to any unaffiliated parties, except as follows:
- to agents, website vendors and/or contractors who may use it on our behalf or in connection with their relationship with us;
- if we are unable to assist with your matter, but know an unaffiliated attorney or firm that may be able to help you, we may refer you and share information you provided us with that party; and
- as required by law, in a matter of public safety or policy, as needed in connection with the transfer of our business assets (for example, if we are acquired by another firm or if we are liquidated during bankruptcy proceedings), or if we believe in good faith that sharing the data is necessary to protect our rights or property.