Terms of Use

     
       

Mandatory Terms of Use

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 info@wilsonelser.com.

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 Newsletters, Legal Analysis, Client Alerts and other Publications, Attorney Profiles, and Service 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 emails 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
1133 Westchester Ave
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
1133 Westchester Ave
White Plains, NY 10604
914.323.7000
thomas.leghorn@wilsonelser.com

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.

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.

Disclaimer

All materials on this 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.