
"Terms of
Use"*The
information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult an attorney for individual advice regarding your own situation.
The
following Terms of Use contain the complete terms and conditions that apply to
an individual's or entity's use of Robert Washington, Esq. site. As used in this
agreement, "We, " "Us" or "our" references to Robert
Washington, ESQ., and "You" or "Your" refers to the user.
"Site" means any Robert Washington, Esq. site posted on the World Wide
Web.
1.
ACCEPTANCE OF TERMS AND CONDITIONS
Use of Our Site constitutes Your acceptance
of these terms and conditions and Your waiver of any and all claims against Robert
Washington, Esq., it's parents, subsidiaries, affiliates, contractors, agents,
officers, directors or employees arising out of Your use of Our Site or any materials,
information, opinions or recommendations contained on Our Site.
2.
MODIFICATION
We may modify any of the terms and conditions in these Terms
of Use, at any time and in Our sole discretion, by posting a change notice or
a new user agreement on Our Site. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU,
YOUR ONLY REXOURSE IS TO TERMINATE YOUR USE OF OUR SITE. YOUR CONTINUED USE OF
OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW TERMS OF USE CONSITUTUTES
BINDING ACCEPTANCE OF THE CHANGE.
3.
COPYRIGHT
3.1 Use.
All content including Our Site, such
as text, graphics, logos, button icons, images, audio, clips and software, is
Our property or that of Our content suppliers and is protected by U.S. and International
copyright laws. The compilation (meaning the collection, arrangement and assembly)
of all content on Our Site is Our property by U.S. and international copyright
laws. All software used on Our Site is Our property or that of Our software suppliers
and is protected by U.S. and international copyright laws. You may electronically
copy and print in hard copy portions of Our Site for the limited purpose of placing
an order with Us or using it as a shopping resource. Any other use-including reproduction
for purposes other than those noted above, modification, distribution, transmission,
or republication, display or performance-of the content of a Site without Our
prior written permission is strictly prohibited.
3.2
Penalty.
Unauthorized copying of the software, or failure to comply
with the above restrictions, may result in severe civil and criminal penalties.
Unauthorized duplication of the software constitutes copyright infringement and,
the United States, is punishable in a federal criminal action by a fine up to
U.S. $250,000 and imprisonment for up to five (5) years. In addition, federal
civil penalties allow the recovery of actual damages based on the number of copies
produced plus the profits of the infringer, or statutory damages of up to U.S.
$100,000 for willful copyright infringement.
4.
DISCLAIMER
WE PROVIDE OUR SITE ON AN "AS IS' AND "AS AVAILABLE"
BASIS. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE OPERATION
OF OUR SITE OR THE INFORMATION, CONTENT, SOFTWARE OR MATERIALS AVAIALBE ON OUR
SITE (INCLUDING, WITHOUT LIMITATION , WARRANTIES OF FITNESS, MERCANTABILITY, NONINFRINGEMENT,
OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING OR TRADE
USAGE). IN ADDITION WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL
BE UNINTERRUPTED OR ERROR-FREE, AND WILL NOT BE LIABLE FOR THE CONSEQUENCES OF
ANY INTERRUPTION OR ERRORS. FURTHER, WE TAKE NO RESPONSIBILITY FOR THE CONTENT
OF ANY LINKS PROIDED THROUGH OUR SITE OR FOR THE SITES OF OTHERS THAT LINK TO
OUR SITE.
5.
CONFIDENTIAL INFORMATION
We do not accept or consider unsolicited material,
product suggestions or original or creative ideas (collectively, "Materials")
submitted through Our site. If despite this policy you submit any such Materials,
We will deem it Our property. We will not treat the Materials as confidential,
and We will not be liable for any use or disclosure of such Materials. Without
limitation, We will own the exclusive rights to the Materials and will be entitled
to unrestricted use of the Materials for any purpose, commercial or otherwise,
without compensation to the submitter of such Materials.
6.
LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL
OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OF REVENUE, PROFITS OR DATA) OF ANY KIND
ARISING IN CONNECTION WITH THE USE OF OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, FURTHER, OUR AGGREGATE LIABILITY ARISING WITH
RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID US BY YOU IF ANY, FOR
ACCESSING OUR SITE.
7.
INDEMNIFICATION
You will defend and hold harmless Robert Washington, Esq.,
its parents, subsidiaries, affiliates, contractors, agent, officers, directors
and employees against all claims, losses, damages, liabilities, costs and expenses
(including reasonable attorneys' fees and costs) made due to our arising out of
a violation of these Terms of Use or Your use of this Site, including, without
limitation, any claim arising out of unauthorized links to Our Site.
8.
MISCELLANEOUS
8.1 Nonwaiver.
If We fail to insist upon
our enforce strict performance of any provision or right under the terms and condition
of these Terms of Use, it will not be construed as a waiver of any provision or
right; rather, the same will be and remain in full force and effect.
8.2
Choice of Law.
These Terms of Use will be interpreted, construed and
enforced in all respects in accordance with the laws of the State of New York
to the exclusion of any other law which may be imputed in accordance with choice
of law rules applicable in any jurisdiction. The 1980 U.N. Convention on Contracts
for the International Sale of Goods or any successor thereto does not apply to
these Terms of Use. For any suit or claim pertaining to these Terms of Use or
any information furnished hereunder, You irrevocably consent to the jurisdiction
and venue of any state or federal court sitting in Kings County, New York, USA,
and You will not commence an action or proceeding relating to the subject matter
of these Terms of Use in any other jurisdiction.
8.3
English Language Governs.
It is the express wish of the parties that
these Terms of Use be drawn up in English. C'est la volonte explicite des parties
que ces termses d'usage solient rediger en anglais.
8.4
Independent Contractor.
These terms of Use will not be interpreted
or construed to create or evidence a partnership, joint venture or franchise relationship
among the parties or as imposing any partnership or franchiser obligation or liability
on either party.
8.5
Compliance With Laws.
You will comply at Your own expense with all
statutes, regulations, rules, ordinances and orders of any governmental body,
department or agency that apply to or result forn Yor use of Our Site.
8.6.
Severability.
If any provision of these Terms of Use will be unlawful,
void or any reason unenforceable, than that provision will be deemed severable
from and will not affect the validity and enforceability of any remaining provisions.