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Effective Date: May 1, 2008
PLEASE READ THIS MANDATORY TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE.
Wilson Elser Moskowitz Edelman & Dicker LLP ("Wilson Elser") provides this website and website-related services (collectively, the "Website") subject to your compliance with the mandatory Terms of Use set forth in this agreement (the "Agreement"). This Agreement governs the relationship between Wilson Elser and you, the Visitor, with respect to your use of this Website. YOUR USE OF THIS WEBSITE BINDS YOU TO THE TERMS OF USE CONTAINED HEREIN. If you do not agree to these Terms of Use, you must not use this Website.
As used in this Agreement, the words "you" and "your" refer to any person accessing the Wilson Elser Website. The words "we," “us," and "our" refer to Wilson Elser Moskowitz Edelman & Dicker LLP.
Wilson Elser may, at any time and in our sole discretion, revise or update this Agreement by posting an amended Agreement on the Website. Any changes that are made to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement. Your use of the Website following the posting of an updated Agreement constitutes acceptance of the last updated Agreement.
If you have any questions about this Agreement, please contact us at .
LICENSE TO USE WEBSITE
Wilson Elser hereby grants you a limited, non-assignable, non-exclusive license to access the Website and the Materials contained thereon (defined below) subject to and in accordance with the terms of this Agreement. Any violation of the terms of this Agreement is grounds for immediate termination of this limited license and may result in legal action by Wilson Elser.
IMPORTANT NOTICES/DISCLAIMER
Wilson Elser makes available the information and materials on the Website (the "Materials") for general informational purposes only. The Materials, including Wemedia®, eNewsletters, State of the Law Analyses, Client Alerts and other Publications, Attorney Profiles, and Practice Group and Office Descriptions are not intended to constitute, and do not constitute, legal advice. Moreover, the Materials are not intended to constitute, and do not constitute, a solicitation for the formation of an attorney-client relationship. Those accessing the Materials should not act upon them without first seeking legal counsel, as these Materials are general in nature, and may not apply to particular factual or legal circumstances.
In addition, unsolicited e-mails and information sent to Wilson Elser do not create an attorney-client relationship with Wilson Elser, will not be considered confidential and may be disclosed to others pursuant to our Privacy Policy. Wilson Elser accepts clients only in accordance with certain formal procedures and renders legal advice only after completion of those procedures.
Any price quotation, service information, employment benefits information or any other such information regarding the provision and fees for any service offered by Wilson Elser or the benefits of employment by Wilson Elser are provided purely for informational and illustrative purposes. Wilson Elser does not guarantee, and makes no warranty, promise, or agreement that any depicted or described service or benefit is actually offered or comports with its description on the Website. Wilson Elser reserves the right to cease offering any such services or benefits to prospective employees or clients at any time, in all cases without notice or liability.
The Website may contain typographical errors or inaccuracies, and may not be complete or current. Wilson Elser therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
AVAILABILITY OF SERVICE
While Wilson Elser makes reasonable efforts to ensure that the Website is available at all times, Wilson Elser does not guarantee, represent or warrant that access to the Website will be uninterrupted or error-free, and Wilson Elser does not guarantee that users will be able to access or use all or any of the Website features at all times.
Further, Wilson Elser reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Website (or any part thereof) without notice to you. Wilson Elser may also impose limits on the use of or access to certain features or portions of the Website, or restrict your access to any part or all of the Website, in all cases without notice or liability. You agree that Wilson Elser shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or of any Materials.
RULES OF CONDUCT
You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Website and/or any Materials. In addition, your use of the Website is conditioned on your compliance with the following rules of conduct. You agree not to use this Website for any unlawful or fraudulent purpose, including impersonating any person or entity, including, but not limited to, any Wilson Elser employee, agent, or representative; or expressing or implying that Wilson Elser endorses any statement you make.
You also may not modify, adapt, translate, reverse engineer decompile or disassemble any portion of the Website or Materials. Further, you may not interfere with or disrupt the operation of the Website, including restricting or inhibiting any other person from using the Website by means of hacking, or defacing any portion of the Website. Further, transmitting or otherwise making available in connection with the Website any virus, worm, Trojan horse, root kit or other harmful code is prohibited.
Moreover, you may not interfere with or violate any other Website visitor's or user's right to privacy or other rights, or harvest or collect personally identifiable information about Website visitors or users, or about Wilson Elser attorneys, other employees and representatives identified on the Website, without their express consent. You are also proscribed from selling, reselling, transferring, licensing or exploiting for any commercial purposes any use of or access (including sharing of passwords and login information) to the Website or the Materials. Finally, you may not frame, mirror, in-line link to, or make other similar use of, all or any part of the Website or the Website’s content, including Wilson Elser’s or any other party’s intellectual property therein, without our prior express written authorization.
CONTENT SUBMITTED OR MADE AVAILABLE TO WILSON ELSER
By submitting any documents, comments, questions, suggestions, plans, notes, drawings, ideas, proposals, or materials similar thereto (“Submissions”) to Wilson Elser, through feedback, email message, or in any other manner, you hereby explicitly agree that: (a) your Submissions do not contain confidential or proprietary information; (b) your Submissions automatically become the property of Wilson Elser without any obligation of Wilson Elser to you; (c) Wilson Elser is not under any obligation of confidentiality relating to the Submissions, either express or implied; (d) Wilson Elser shall be entitled to use or disclose the Submissions in any way, manner, purpose or otherwise, worldwide; (e) Wilson Elser may have under consideration or development similar ideas to the Submissions; and (f) you are not entitled to any compensation or reimbursement of any kind from Wilson Elser in exchange for the Submissions.
Further, Wilson Elser may access and use the Website and any information stored thereon, including the contents of any Submissions, for any lawful purpose. Further, we may disclose the contents of any Submissions to any third party, including any law enforcement agency, to protect our rights or property, or for any other reason.
WILSON ELSER'S INTELLECTUAL PROPERTY RIGHTS
This Website and its downloadable contents are protected by the copyright laws of the United States and other jurisdictions. You may print and/or download a copy of any part of the Website or any of the Materials for your personal, non-commercial use, or as otherwise permitted by law, but you may not copy any part of the Website or the Materials for any other purpose without the express written consent of Wilson Elser's Managing Partner, and you may not modify any part of this Website or the Materials for any reason. Inclusion of any part of this Website or any part of the Materials in another work, whether in printed, electronic or other form, and inclusion of any part of the Website or the Materials in another website by linking, in-line linking to, framing or otherwise, is strictly prohibited without agreeing to Wilson Elser's Terms and Condition and obtaining the expressed written consent of Wilson Elser’s Managing Partner.
The trademarks, service marks, logos and any designs used or displayed on the Website specific to Wilson Elser are trademarks and/or service marks owned by Wilson Elser Moskowitz Edelman & Dicker LLP. Any use of copyrighted works, trademarks or service marks, including the reproduction, removal, modification, distribution or republication of same without the prior express written permission of Wilson Elser's Managing Partner, is strictly prohibited. Other copyrighted works, trademarks, service marks, trade names and company logos utilized on the Website are the property of their respective owners. All rights reserved. The appearance of any such third party trademarks does not in any way imply any connection, license, approval or other such relationship of any kind with such third party.
Wilson Elser's Managing Partner can be reached by directing communications to:
Office of the Managing Partner
WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP
3 Gannett Drive
White Plains, NY 10604
914.323.7000
DESIGNATED AGENT
If you believe that any materials posted on this Website infringe the copyright in your work, please direct your concerns to our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) to respond to such concerns:
Thomas A. Leghorn
WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP
3 Gannett Drive
White Plains, NY 10604
914.323.7000
ENFORCEMENT OF THE AGREEMENT
Wilson Elser may investigate any reported, alleged or suspected violation of this Agreement, and take any action that Wilson Elser, in its sole discretion, deems appropriate. Such action may include issuing warnings, suspension of a user’s access to the Website or complete termination of such access, at any time. Additionally, Wilson Elser reserves the right to bring suit for any violation of this Agreement.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
IN NO EVENT SHALL WILSON ELSER, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF OR ACCESS TO THE WEBSITE OR ANY MATERIALS CONTAINED THEREON. WILSON ELSER DOES NOT WARRANT THAT ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. FURTHER, NEITHER WILSON ELSER NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR HOSTING OF THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE AND/OR ACCESS TO THE WEBSITE OR ANY MATERIALS CONTAINED THEREON. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE MATERIALS IS TO STOP USING THE SITE OR THE MATERIALS.
Without limiting the foregoing, everything on the Website is provided to you "AS IS" and WILSON ELSER SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE, ITS CONTENTS, AND ANY SERVICE PROVIDED VIA THE WEBSITE.
INDEMNITY
You agree to defend, indemnify and hold harmless Wilson Elser, its affiliates and its suppliers, and each of their respective partners, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities and expenses (including, but not limited to, attorney fees) arising out of:
• Your activities in connection with this Website.
• Any violation of this Agreement by you.
• Any improper or unauthorized use of the Materials by you.
• Any allegation that anything you transmit through or in connection with the Website infringes or otherwise violates the intellectual property, privacy or other rights of any third party.
• Any conduct, activity or action engaged in by you which is unlawful or illegal under any state, federal or common law, or violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of Services, Materials or any other such service or information provided by the Website.
SEVERABILITY
If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
INCORPORATION OF PRIVACY POLICY
We use your information only as described in the Privacy Policy, which is expressly incorporated as terms of this Agreement. If you object to anything in the Privacy Policy, please do not use our services.
CHOICE OF LAW AND JURISDICTION
Unless otherwise specified, the Website and its contents are provided solely for providing information about Wilson Elser. The Website is controlled and operated by Wilson Elser from its New York location. As such, any dispute arising under this Agreement shall be resolved exclusively by New York's state or federal courts, applying New York law, regardless of principles of conflicts of law. By your use, you waive any jurisdictional, venue or inconvenient forum objections to such courts for purposes of resolving these disputes.
CLIENTS
If you are a Wilson Elser client, nothing in this Agreement will supersede any provision of your engagement letter or other written agreement with respect to the attorney-client relationship.
LINKS TO OTHER WEBSITES
This Website contains links to other sites ("Third Party Websites"). These links are provided solely for the convenience of our users. Wilson Elser does not necessarily endorse, sanction or verify the accuracy of the information contained on Third Party Websites. Once you access a Third Party Website through a link on this Website, you are no longer covered by the privacy policies or Terms of Use of this Website. Concerns regarding a Third Party Website should be directed to the Third Party Website itself. Wilson Elser bears no responsibility for any action associated with any Third Party Website.
POLICIES FOR CHILDREN
The Website is not directed to individuals under the age of 13, nor does it contain information which would be potentially harmful to minors in any way. However, we advise all visitors to the Website under the age of 13 not to disclose or provide any Personally Identifiable Information. In the event that Wilson Elser discovers that a child under the age of 13 has provided Personally Identifiable Information to us, we will delete the child's Personally Identifiable Information in accordance with the Children's Online Privacy Protection Act of 1998.
Please see the Federal Trade Commission's website for this act: http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/ for more information.
Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Service Provider for more information.
© 2008, WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP
All rights reserved.
Effective Date: May 1, 2008
This Privacy Policy governs the way in which Wilson Elser Moskowitz Edelman & Dicker LLP ("Wilson Elser") collects and uses personal and non-personal information we learn about you from your visit to this website (the "Website"). This use is separate and distinct from Wilson Elser's use of information obtained during a client relationship because, as a law firm, client information is used in accordance with strict legal ethical rules.
COLLECTION OF INFORMATION
-Non-Personal Information
Wilson Elser may collect non-personal information about your activity at this Website. The Website may automatically recognize and store information about the type of browser you are using; your Internet Protocol ("IP") address; the time, date, and length of your visit; and the referring site. This information, if collected, is collected via computer code sent to your computer (commonly referred to as "cookies"). The cookies will not expire, unless you manually delete them or set your browser to reject them. If you do not accept the cookies, however, you may have difficulty navigating the Website.
-Personal Information
Wilson Elser collects no personal information about you, typically defined as individually identifying information such as your name or e-mail address, unless you voluntary submit it. It is possible that such a submission may occur by clicking on various links, such as "Contact Us," or by contacting an individual Wilson Elser attorney via an e-mail address provided in a hyperlink.
-Territoriality
Our computer systems are currently based in the United States and the content of our Website is directed to U.S. residents. Your personal data will be processed by us in the United States, where data protection and privacy regulations may or may not be equal to the level of protection as in other parts of the world, such as in Canada and the European Union. BY VISITING THE WEBSITE, YOU UNEQUIVOCALLY AND UNAMBIGUOUSLY CONSENT TO THE COLLECTION AND PROCESSING IN THE UNITED STATES OF ANY PERSONAL AND NON-PERSONAL INFORMATION COLLECTED OR OBTAINED BY WILSON ELSER THROUGH VOLUNTARY SUBMISSIONS, AND THAT UNITED STATES LAW GOVERNS ANY SUCH COLLECTION AND PROCESSING.
USE
Wilson Elser uses non-personal information to manage the Website. Wilson Elser may analyze the data about visits to the Website to make it more accessible and interesting for visitors. Further, Wilson Elser may share this data with third parties, usually to provide services for Wilson Elser associated with the maintenance of the Website.
If you submit information to the Website, the information will be used for the purpose you requested. For example, if you submit a question, your information will be used to respond to you. That information may be stored and maintained. Wilson Elser may also use that information to provide you with additional information in the future that it deems may be of interest to you. In addition, Wilson Elser may share this information with third parties to fulfill your request or to provide other services that may be of interest to you. If you do not wish Wilson Elser to use your information in accordance with this policy, please do not submit any personal information to Wilson Elser or its attorneys.
Wilson Elser may disclose any such information to the extent that it is required by law or to such an extent as it reasonable believes is necessary to protect its legal interests. The information collected from you may be transferred to a third party in the event of a sale, acquisition, merger or bankruptcy involving Wilson Elser.
UPDATE AND OPT-OUT
If you would like to update any information you have sent to Wilson Elser, or if you do not want to receive information from Wilson Elser, please contact us at
Wilson Elser will make reasonable efforts to honor any request you make to forgo contacts with you in the future or delete your information. Please note that if you make an opt-out request, Wilson Elser will retain your contact information to make efforts to ensure that you are not contacted in the future.
To the extent required by the CAN-SPAM Act, or other similar domestic and international regulation, commercial e-mail messages will also provide you with an opportunity to opt-out of receiving this information. Please note that changes to your preferences may not be effective immediately.
REVISIONS TO THE PRIVACY POLICY
The Internet and the benefits it offers are evolving rapidly, as are the ways in which people use the Internet and the laws surrounding such use. Wilson Elser therefore reserves the right to update and revise this Privacy Policy at any time. You can determine if this Privacy Policy has been revised since your last visit by referring to the "Effective Date" at the top of this page. Your use of our Website constitutes your acceptance of the terms of the Privacy Policy as amended or revised by us, and you should therefore review this Privacy Policy regularly to ensure that you are aware of its terms.
CALIFORNIA PRIVACY RIGHTS
Beginning on January 1, 2005, California Civil Code Section 1798.83, also known as S.B. 27, or the “Shine the Light” law, allows California residents to request certain information regarding our disclosures in the prior calendar year, if any, of their personally identifiable information to third parties for their own direct marketing purposes. To make such a request, please contact us at:
with "California Privacy Request" in the letter subject line. You must include sufficient detail for us to locate your file; at a minimum, your name, email and postal address.
We will attempt to provide you with the requested information within thirty (30) days of receipt. We reserve our right not to respond to requests sent more than once in a calendar year, or requests submitted to an address other than the one posted in this notice. Please note that the California Shine the Light law does not cover all information sharing. Our disclosure only includes information covered by the law.
© 2008, WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP
All rights reserved.
All materials on this website ("Website") are provided solely for informational purposes. The materials are not intended to constitute legal advice or the provision of legal services. Your use of this Website and viewing of these materials shall not create an attorney-client relationship with Wilson Elser or any of its attorneys. The materials on this Website may not reflect the most current legal developments, verdicts or settlements and should not be used to forecast future results.
The formation of an attorney-client relationship requires prior satisfaction of multiple factors, including resolution of possible conflicts of interest, an appropriate fee arrangement, and mutual agreement on the terms of the engagement. Please do not convey to us any information that you regard as confidential until a formal attorney-client relationship has been established. Any information you convey to Wilson Elser via the Internet may not be secure, and information conveyed prior to establishing an attorney-client relationship may not be privileged or confidential.
Our lawyers tend to limit their practice to certain areas of the law. Except where specifically noted, none is certified by the jurisdiction in which he or she practices as a specialist in any area of practice. The lawyers resident in all offices, unless otherwise indicated, are not certified by the Texas Board of Legal Specialization.
© 2008, WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP
All rights reserved.
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