Terms
and Conditions
This
Website (the "Site") is owned and operated by Kahn &
Goldberg, LLP. These terms and conditions of use apply to and govern
your use of the Site. Your use of the Site signifies your agreement
to be bound by these terms and conditions. If you do not agree to
be bound by these terms and conditions of use, you may not access
or otherwise use the Site.
1)
License to Use the Site. Kahn & Goldberg, LLP grants you a non-exclusive,
non-transferable, limited right to access, use and display the Site
and the materials thereon for your personal use only, provided that
you comply fully with these terms and conditions of use. You shall
not interfere or attempt to interfere with the operation of the
Site in any way through any means or device including, but not limited
to, spamming, hacking, uploading computer viruses or time bombs,
or the means expressly prohibited by any provision of these terms
and conditions of use.
2) Changes to Terms and Conditions.
Kahn & Goldberg, LLP reserves the right, at its sole discretion,
to change, modify, add or remove any portion of these terms and
conditions of use, in whole or in part, at any time. Changes in
these terms and conditions of use will be effective when posted.
You agree to review these terms and conditions of use periodically
to be aware of any changes. Your continued use of the Site after
any changes to these terms and conditions of use are posted will
be considered acceptance of those changes.
3)
Ownership; Restrictions. Kahn & Goldberg, LLP owns, controls,
licenses or has the right to use and provide the Site and all material
on the Site, including without limitation text, images, articles,
photographs, and illustrations, (collectively the "Materials").
The Site is protected by copyright as a collective work and/or compilation,
pursuant to U.S. copyright laws, international conventions, and
other copyright laws. Kahn & Goldberg, LLP is the owner of the
copyright in the entire Site. Kahn & Goldberg, LLP owns a copyright
in the selection, coordination, arrangement and enhancement of the
Site. You agree to abide by any and all copyright notices, information
or restrictions displayed on the Site. You may not modify, create
derivative works from, participate in the transfer or sale of, post
on the World Wide Web, or in any way exploit the Site or any portion
thereof for any public or commercial use without the express written
permission of Kahn & Goldberg, LLP.
4)
Change
to Site or Materials. Kahn & Goldberg, LLP shall have the right
for any reason, in its sole discretion, to terminate, change, suspend
or discontinue any aspect of the Site.
5)
Indemnification. You shall indemnify, defend and hold harmless Kahn
& Goldberg, LLP, and all its officers, directors, owners, agents,
employees, Materials providers, affiliates, licensors and licensees
(collectively, the "Indemnified Parties") from and against
any and all losses, damages, liabilities, and claims and all fees,
costs, expenses, of any kind related thereto (including, without
limitation, reasonable attorneys' fees) incurred by the Indemnified
Parties in connection with any claim arising out of, based upon
or resulting from your use of the Site. Kahn & Goldberg, LLP
reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you and you shall not in any event settle any matter without
the written consent of Kahn & Goldberg, LLP.
6)
Links to Other Website. The Site contains links and pointers to
the other World Wide Web Internet sites, resources, and sponsors
of the Site. Links to and from any site to other third party sites,
maintained by third parties, do not constitute an endorsement by
Kahn & Goldberg, LLP or any of its affiliates of any third party
resources or their contents. Links do not imply that Kahn &
Goldberg, LLP or the Site sponsors are affiliated or associated
with or are legally authorized to use any trademark, trade name,
logo or copyright symbol displayed in or accessible through the
links, or that any linked sites are authorized to use any trademark,
trade name, logo or copyright symbol of Kahn & Goldberg, LLP
or any of its affiliates. You should direct any concerns regarding
any external link to its site administrator or Webmaster. Kahn &
Goldberg, LLP does not represent or endorse the accuracy or reliability
of any advice, opinion, statement, or other information displayed
or distributed through the Site. You acknowledge that any reliance
upon any such opinion, advice, statement, memorandum, or information
shall be at your sole risk. Kahn & Goldberg, LLP reserves the
right, in its sole discretion, to correct any errors or omissions
in any portion of the Site.
7)
Disclaimer of Legal Advice. The information contained in this website
is not intended as legal advice. Receipt of this information does
not create an attorney-client relationship.
8) Disclaimer of Warranties
and Damages; Limitation of Liability. THE SITE, INCLUDING ALL CONTENT,
SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON
OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS"
"AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES
OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NEITHER KAHN & GOLDBERG, LLP NOR ITS CONTENT PROVIDERS WARRANT
THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE WILL
BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY MAKE ANY
WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR RELIABILITY OF
THE SITE, THE CONTENT THEREOF, THE MATERIALS, INFORMATION AND FUNCTIONS
MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE
SITE, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES
OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF
SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. KAHN
& GOLDBERG, LLP MAKES NO WARRANTIES AND SHALL NOT BE LIABLE
FOR THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT
AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES,
INCLUDING BUT NOT LIMITED TO KAHN & GOLDBERG, LLP'S NEGLIGENCE.
IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE,
YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. CERTAIN CONTENT
MAY BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS AND USERS MUST
EXERCISE THEIR DISCRETION IN USING AND ALLOWING MINORS OR OTHERS
TO USE THE SITE. UNDER NO CIRCUMSTANCES SHALL KAHN & GOLDBERG,
LLP BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY
TO USE, THE CONTENT, MATERIALS AND FUNCTIONS IN THE SITE, INCLUDING
WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST
BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE
THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
9)
No Responsibility for Transmitted Material. You acknowledge that
transmissions to and from this Site are not confidential and your
communications may be read or intercepted by others. You acknowledge
that by submitting communications to Kahn & Goldberg, LLP or
the Site, no confidential, fiduciary, contractually implied or other
relationship is created between you and Kahn & Goldberg, LLP
other than pursuant to these terms and conditions of use. In order
to establish such a fiduciary relationship, you will need to sign
a retainer letter with Kahn & Goldberg, LLP.
10)
General Provisions. These terms and conditions of use shall be governed
by and construed in accordance with the laws of the State of New
York, without regard to conflicts of laws provisions. The sole and
exclusive jurisdiction for any action or proceeding arising out
of or related to these terms and conditions of use shall be an appropriate
State or Federal court located in New York County in the State of
New York and you hereby irrevocably consent to the jurisdiction
of such courts. If for any reason a court of competent jurisdiction
finds any provision of these terms and conditions of use, or portion
thereof, to be unenforceable, that provision shall be enforced to
the maximum extent permissible so as to effect the intent of these
terms and conditions of use, and the remainder of these terms and
conditions of use shall continue in full force and effect. These
terms and conditions of use constitute the entire agreement between
you and Kahn & Goldberg, LLP with respect to the subject matter
hereof, and supersede all previous written or oral agreements between
the parties with respect to such subject matter. No waiver by either
you or Kahn & Goldberg, LLP of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent breach
or default. |