This is the Terms of Use (the “TOU”) for the website located at www.perlmanandperlman.com (the “Website”), which is owned and operated by Perlman & Perlman, LLP (“P&P”). The Website provides users with access to information, resources, and works of authorship, blogs, and other content (the “Content”).
This TOU is a binding legal agreement between you and P&P. Please review the terms and conditions contained herein carefully. Your use of the Website is subject to this TOU, as well as all applicable laws and regulations, and our privacy policy located at https://stage3.perlmanandperlman.com/privacy-policy.shtml, which is incorporated herein by reference, along with any other terms and conditions set forth by P&P. By accessing or using the Website, you signify that you accept these terms and conditions and agree to be bound by them.
P&P reserves the right to change the TOU at any time, without prior notice, by posting here. You will be bound by any such changes if you continue to use the Website after such changes are posted. We encourage you to review the Website and this TOU from time to time to determine whether a revised TOU has been posted. The date of the last revision appears at the end of this TOU.
No Legal Advice; No Attorney-Client Relationship
P&P makes the Content available on the Website as a convenience to its users and for general informational purposes only. It is not intended to, and does not, constitute legal advice or a legal opinion upon which a user may rely, nor is it intended to substitute for advice from qualified counsel. Your use of the Website does not create an attorney-client relationship between you and P&P, and you should not act or rely on any information or Content provided on the Website without first consulting with an attorney who is familiar with the particular facts of your situation. To obtain legal counsel or legal services from P&P, you must first establish an attorney-client relationship with us. If you are interested in having P&P represent you in a matter, or if you have other questions for us, please call 212.889.0575. Until you do so and receive an engagement letter, you have not hired an attorney and have not become a client of the firm.
Matters Related to Professional Responsibility
No Advertising or Solicitation – The Website is not intended to be an advertisement or solicitation, but may be deemed an advertisement or solicitation in some jurisdicitions.
Sensitive Communications – You acknowledge that any communications sent to P&P will not be treated as confidential or invoke an attorney-client privilige.
Authorized Jurisdictions – P&P lawyers are admitted to practice in the jurisdictions listed on their individual resumes. By appearing on the Website – in any jurisdiction in which the Website is deemed an advertisement or solicitation – P&P lawyers are not soliciting, targeting, or advertising for legal employment in any jurisdiction other than where the lawyer is admitted to practice law. The listing of an area of practice by a P&P lawyer does not indicate any certification or expertise therein.
Principal Office; Responsible Attorney – To the extent the state bar rules in your jurisdiction require the designation of a principal office and/or single lawyer responsible for this Website, Seth Perlman is designated as the lawyer responsible for the Website, and the office located in New York, NY is designated as its principal office.
A Special Notice/Disclaimer Regarding Blogs
Please note that the Website contains Blogs (the “Blog(s)”) that may be authored by P&P attorneys, and may contain opinions and advice on legal subjects and related matters. These Blogs are not intended, and do not, constitute legal advice or a legal opinion. The Blogs are provided for informational purposes only. Without limiting the foregoing, please note that the Blogs may not reflect recent changes in the law, may be inaccurate or may not be applicable to the laws of the jurisdiction in which you live. You should not act or refrain from acting on the basis of any information or advice contained in a Blog without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the your state. P&P expressly disclaims all liability in respect to actions taken or not taken based on any of our Blogs.
General Disclaimer
P&P uses reasonable efforts to offer information on the Website that is accurate and up-to-date. However, P&P makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Blogs, Content, User Blog Content, materials, resources or other information contained in or linked to the Website, and users relying thereon do so at their own risk.
Links to Other Websites and Content
The Website may contain links to other websites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, video, information, and other content belonging to or originating from third parties (the “Third Party Content”). P&P does not control or monitor such Third Party Sites and Third Party Content, and cannot be held responsible for any Third Party Sites accessed through the Website or any Third Party Content encountered on the Website, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by P&P. P&P shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with your use of or reliance on any Third Party Site or any Third Party Content. If you navigate from the Website to any Third Party Sites, you acknowledge that you do so at your own risk and that P&P’s terms, practices, and policies no longer apply. We encourage you to review the applicable terms and policies, including privacy policies and practices, of any Third Party Site to which you navigate from the Website.
Blog; Acceptable Use
Our Website includes a Blog that permits users to post comments. Please remember that the open and real-time nature of our Blog makes it is impossible for P&P to monitor or confirm the validity of any comments and, as such, we are not responsible for the content of any comments posted to the Blog. However, if we become aware of any comment that may be offensive, illegal, defamatory, or infringes the rights, or threatens the safety, of others, or is otherwise objectionable, P&P reserves the right, without notice and in its sole discretion, to edit and/or remove the comment in question.
The views expressed in Blog posts and comments belong solely to their respective authors and do not necessarily reflect the views of P&P. P&P will not be held responsible for the consequences of following any advice offered within Blog posts or comments.
By using the Blog, you agree to the following:
- By posting comments, uploading files, inputting data, or engaging in any other form of communication through the Blog (collectively, the “User Blog Content”), you grant P&P, its successors and assignees, a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, adapt, transmit, publicly perform or display any such User Blog Content on the site to which it was contributed (or successor site). In plain English, you allow us to continue to display your contributions to the Website.
- If you post any graphic images or photographs, you accept all liability for any issues that may arise from such User Blog Content. Please do not submit any images or photographs for which you do not have a current model or property release unless you are otherwise authorized to post such material.
- You will not post any material that is knowingly false, misleading, or inaccurate.
- You will not behave in an abusive and/or hateful manner, and will not harass, threaten, nor attack anyone.
- You will not use profanity in our Blog, and will neither post with language or content that is obscene, sexually oriented, or sexually suggestive nor link to sites that contain such content.
- You will respect other people’s right to personal privacy and will not post any other person’s identifying information (including their names, contact information or any other relevant information) within the Blog but your own.
- You will not use the Blog to violate any laws nor to discuss illegal activities.
- You will not impersonate any person or entity, forge headers or otherwise manipulate identifiers in order to disguise the origin of any posting, nor collect or store personal data about other users.
- You will not post any copyrighted material, nor link to any copyrighted material (with the exception of publicly available sites and pages that the legal owners of the copyrights have created to make that material freely available to the general public), unless that copyright is owned by you or by P&P.
- You will not use the Blog for the purposes of sharing or distributing viruses, licenses, registration information, software keys, “cracks,” or other information designed to do harm to or allow unlawful access to any computer hardware, software, networks, or any other systems.
- You will not post advertisements, chain letters, pyramid schemes, or solicitations, all of which are inappropriate and prohibited in the Blog. You will not, furthermore, collect personal information about Website users for the purpose of sending them any such advertisements, chain letters, pyramid schemes, or solicitations through other means.
- You will not post messages that are clearly outside of the stated topic of the Blog nor disrupt the Blog by deliberately posting repeated irrelevant messages or copies of identical messages (also known as “flooding”).
- You will, if asked by a representative of P&P, cease posting any content, and/or links to content, deemed offensive, objectionable, or in poor taste.
We reserve the right to delete any message and/or restrict posting rights in our Blog for any reason whatsoever. Should you continue to post messages that violate the rules of the Blog, your account may be terminated, your access to the Blog may be banned, and your service provider(s) may be contacted about your behavior. Furthermore, we expressly reserve our rights under the law to take any other actions we deem necessary.
User Submissions
You understand and acknowledge that any questions, comments, suggestions, ideas, feedback or other information that you submit directly to P&P, whether by email to any of the email addresses listed on the Website, or via the contact form provided on the Website (“User Submissions”), are not confidential and become the sole property of P&P, and that P&P shall own the exclusive rights, including copyrights and any other relevant intellectual property, in the User Submissions.
You further understand and acknowledge that sending information through this Website, via the contact form or by email, does not create an attorney-client relationship, and any information received will not be subject to the attorney-client privilege, or otherwise be treated as privileged or confidential.
Prohibited Use
The Website is only to be used for lawful purposes, and in ways that do not infringe or restrict the rights of others or their use of the Website. You acknowledge and agree that you shall not use or attempt to use this Website (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) in a manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) to interfere with any other party’s use and enjoyment of the Website; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by P&P to be made accessible to the general public or Website users; (vi) to attempt to obtain any materials or information through any means not intentionally made available by P&P; or (vii) for any purpose other than the purposes for which the Website was intended by P&P.
In addition, in connection with your use of the Website, you agree you will not:
- upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
- create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any P&P representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
- upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- use the Website’s communication features in a manner that adversely affects the availability of its resources to other users; or
- harvest or otherwise collect information about others, including e-mail addresses.
P&P reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of this Agreement, including, without limitation, the suspension or termination of the user’s access and/or account. P&P may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as expressly limited by the Privacy Policy, P&P reserves the right at all times to disclose any information as P&P deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information, materials, or comments from the Website, in whole or in part, in P&P’s sole discretion.
Warranty Disclaimers and Limitation of Liability
THE WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS AND P&P HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF OTHER TERMS HEREIN, P&P ALSO DISCLAIM ALL WARRANTIES, RESPONSIBILITY AND LIABILITY FOR ANY LOSS, INJURY, HARM, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE AND THE CONTENT, AND ALSO INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) USER BLOG CONTENT AND BLOGS, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREIN, (C) ANY THIRD PARTY WEBSITES OR THIRD PARTY CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREIN, (D) THE UNAVAILABILITY OF THE WEBSITE OR ANY PORTION THEREOF, (E) YOUR USE OF THE WEBSITE, OR (F) VIRUSES OR OTHER DAMAGING FACTORS.
In addition to the above warranty disclaimers, you understand and agree that P&P will not be liable for any loss of profit, loss or corruption of data, special, exemplary, punitive, incidental, indirect or consequential loss or damages suffered or incurred or arising in connection with the Website, or your use or inability to use the Website, or in connection with any act or omission by us (negligent or otherwise), even if P&P has been advised of the possibilities of those damages. You understand and agree that your use of the Website is predicated upon your waiver of any right to sue P&P and its affiliates directly or to participate in a class action suit for any losses or damages resulting from your use of the Website. In no event will the aggregate liability of P&P related to your use of the Website, including any Third Party Content, Third Party Links, Blogs, User Blog Content or other, materials, information or content be greater than $100.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Indemnification
You agree to defend, indemnify, and hold harmless P&P, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of this Website, including the Blogs, the User Blog Content, Content, the use of any Third Party Sites or Third Party Content, your reliance on any errors or omissions on the Website, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Use as stated herein or as modified from time to time in P&P’s sole discretion.
Governing Law & Venue and Jurisdiction
By visiting or using the Website, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and P&P or any of our affiliates. Any dispute pertaining to this Agreement, shall be brought exclusively in a court of competent jurisdiction in New York, New York.
Website Privacy Policy
Our Website Privacy Policy, located at perlmanadperlman.com/privacy-policy, describes the details of P&P’s information practices and procedures for personal information we collect at this Website. We strongly urge you to read our Privacy Policy.
Limited License and Site Access; Copyright; Trademarks and Service Marks
P&P hereby grants you a limited license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of P&P. Except as otherwise expressly stated, all Content appearing on this Website is the copyrighted work of P&P or its third party content suppliers and is protected by U.S. and international copyright laws. P&P does not warrant or represent that your use of Content, Third Party Content, information, or any other materials displayed on this Website will not infringe rights of third parties.
If you believe that any Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at nisrael@perlmanandperlman.com with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.
