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Legal Disclaimer And Terms Of Use
For This Internet Site
PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS MAY
HAVE CHANGED SINCE YOUR LAST VISIT TO THIS INTERNET SITE ("SITE").
BY USING THIS SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE
TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THIS
SITE.
Attorney Client Relationship
The materials on this web site are intended for informational
purposes only. The materials on this web site are not intended
to be, nor should they be interpreted as, legal advice or
opinion. The reader should not consider this information to
be an invitation to an attorney client relationship, should
not rely on information presented here for any purpose, and
should always seek the legal advice of counsel in the appropriate
jurisdiction. Transmission and receipt of the information
on this site and/or communication with Bodoff & Associates (the “Firm”) via e-mail is not intended to
solicit or create, and does not create, an attorney-client
relationship between the Firm and any person or entity.
The information contained in this Site may
be considered advertising under the Rules of the Supreme Judicial
Court of Massachusetts, and is for general guidance on topics
selected the Firm. Such information is provided on a blind-basis,
without any knowledge as to the reader's industry, identity
or specific circumstances. The application and impact of relevant
laws will vary from jurisdiction to jurisdiction. There may
also be delays, omissions, or inaccuracies in information
contained in this Site. The information on this Site is provided
with the understanding that the Firm's and various authors'
and publishers' providing of such information does not constitute
the rendering of legal, accounting, tax, career or other professional
advice or services. Your use of this Site does not create
any attorney-client relationship between you and the Firm.
Information on this Site should not be relied upon or used
as a substitute for consultation with professional advisors.
Transmission of Information
Electronic mail or other communications through this site
or otherwise to the Firm or any of its lawyers in connection
with a matter for which we do not already represent you may
not be treated as privileged or confidential. If you choose
to contact us through this Web site, you should be aware that
any information transmitted electronically may not be secure.
Legal Warranty
The content of this web site contains general information
and may not reflect current legal developments. Such content
is designed only to give general information on the developments
actually covered. It is not intended to be a comprehensive
summary of recent developments in the law, treat exhaustively
the subjects covered, provide legal advice or render a legal
opinion. Since the law is constantly changing and since the
law will vary based on different facts and circumstances,
statements on this Web site regarding the status of a given
law or legal issue may not be current or applicable to your
particular situation. You should not take any action based
on the information in this Web site.
Links
This web site occasionally contains links to other web pages;
however, the inclusion of such links does not constitute referrals
or endorsements of the linked entities. Links to organizations
and governmental agencies are provided as a convenience to
our readers. The Firm does not endorse and is not responsible
for any third-third-party content that may be accessed from
its Web site and does not recommend or endorse the use of
any third-party's services. The links are to be accessed at
the user's own risk, and the authors of this web site make
no representations or warranties about the content of these
links.
Liability
We assume no responsibility for computer viruses resulting
from use of our Web site. Under no circumstances, including,
but not limited to, negligence, and shall we be liable for
any special or consequential damages that result from the
use of, or the inability to use, the materials in this web
site, even if the Firm has been advised of the possibility
of such damages.
Access To This Site
The Firm may alter, suspend, or discontinue this Site at any
time for any reason, without notice or cost. The Site may
become unavailable due to maintenance or malfunction of computer
equipment or other reasons.
By using this Site, you agree to indemnify,
hold harmless and defend the Firm from any claims, damages,
losses, liabilities, and all costs and expenses of defense,
including but not limited to, attorneys' fees, resulting directly
or indirectly from a claim by a third party that alleges injury,
damage or harm in whole or in part arising from the provision
by you of information from, or claimed to be from, this Site,
or that in any way arises from your use of this Site or information
provided by this Site in violation of these terms.
Jurisdiction and Disputes
By accessing this web site, you agree with the Firm that any
disputes or matters arising out of or related to your viewing
or use of this Web site shall be governed under the laws of
the Commonwealth of Massachusetts without regard to the conflict
of laws. If the bar rules in your jurisdiction require us
to identify an attorney and office responsible for this Web
site, the Firm designates Joseph S. U. Bodoff, as the responsible
attorney and office.
All disputes arising out of or relating to
these Terms shall be finally resolved by arbitration conducted
in the English language in Boston, Massachusetts, U.S.A. under
the commercial arbitration rules of the American Arbitration
Association. The parties shall appoint as sole arbitrator
a retired judge who presided in the Commonwealth of Massachusetts.
The parties shall bear equally the cost of the arbitration
(except that the prevailing party shall be entitled to an
award of reasonable attorneys' fees incurred in connection
with the arbitration in such an amount as may be determined
by the arbitrator). All decisions of the arbitrator shall
be final and binding on both parties and enforceable in any
court of competent jurisdiction. Notwithstanding this, application
may be made to any court for a judicial acceptance of the
award or order of enforcement. Notwithstanding the foregoing,
the Firm shall be entitled to seek injunctive relief, security,
or other equitable remedies from the United States District
Court for the District of Massachusetts or any other court
of competent jurisdiction.
If any part of these terms is unlawful, void,
or unenforceable, that part will be deemed severable and will
not affect the validity and enforceability of the remaining
provisions. The Firm may, at its sole discretion and without
notice, revise these terms at any time by updating this posting.
Changes
The Firm may change these policies at any time without written
notice to users. The changes will become effective upon posting
of the changes to the web site.
Copyright And Trademark Information
This Site and all the information it contains, or may in the
future contain, including, but not limited to, articles, memoranda,
bulletins, reports, press releases, opinions, text, directories,
guides, photographs, illustrations, trademarks, trade names,
service marks and logos (collectively, the "Content"),
is the property of the Firm, its partners, members, and employees,
and is protected from unauthorized copying and dissemination
by U.S. Copyright law, trademark law, international conventions,
and other intellectual property laws. Certain of the trademarks
and logos displayed on the site are owned by third parties.
Nothing contained on this Site should be construed as granting,
by implication, estoppel, or otherwise, any license or right
to use this Site or any Content displayed on this Site, through
the use of framing or otherwise, without the prior written
permission of the Firm or such third party that may own the
trademark or copyright of material displayed on this Site.
Subject to your full compliance with these
terms, the Firm authorizes you to view the Content, make a
single copy of it, and print that copy, but only for your
own lawful, personal, noncommercial use, provided that you
maintain all copyright, trademark and other intellectual property
notices contained in such Content, and provided that the Content,
or any part thereof, is not modified.
Disclaimer Of Warranties
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
THE FIRM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, BUT WITHOUT
LIMITATION, THE FIRM DOES NOT WARRANT THAT: (i) THE INFORMATION
ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (ii) THE FUNCTIONS
CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE;
OR (iii) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE
SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
Responses To Online Requests
From time to time, the Firm may offer to provide information
or materials via email or otherwise to interested persons.
The Firm reserves the right, in its absolute discretion, to
reject any requests for such information or materials, or
to discontinue the provision of such information or materials
to any person, for any reason whatsoever.
What Type of Information We Collect
The web site does not collect any personally identifiable
information about you, other than information that you affirmatively
choose to submit to us by email or one of our submission forms.
Our web site also automatically collects aggregate information
about the use of our site, such as, which pages are most frequently
visited, how many visitors we receive daily, and how long
visitors stay on each page.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE FIRM BE LIABLE FOR ANY DAMAGES,
INCLUDING INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE
OR OTHER INDIRECT DAMAGES OR FOR LOST PROFITS OR LOSS OF USE
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE,
THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE, EVEN
IF THE FIRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE FIRM'S TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER
IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE)
OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY
TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE
EXCEED $1.
Entire Agreement
This is the entire Agreement between the parties relating
to the subject matter herein and shall not be modified except
in writing signed by both parties or by a new posting by the
Firm, as described above.
Copyright
The Bodoff & Associates Web site and its content are
all © Copyright 2006 Bodoff & Associates. All rights
reserved.
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