Welcome to the WaltersLacey LLP website (the Site). Please read this Agreement carefully. If you are unwilling to accept the terms and conditions in this Agreement, do not use the Site. By using the Site, you are agreeing to follow and be bound by the following terms and conditions (hereinafter, the “Terms”).
These Terms were last revised on February 27, 2009, 12:00 p.m. (EST)
1. Use of Site Content
2. You may without our permission:
B. Link or hyper-link to the home page of the Site from any Qualified Site (as defined hereinbelow), but only if:
"Qualified Site" means a web site that displays no Objectionable content, is not owned or controlled by a competitor to WaltersLacey LLP and the content of which is not competitive to the Site.
"Objectionable" means as to any content, information in any medium or format, including without limitation text, data, graphics, audio or video, that: (a) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (b) a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way or (c) constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts, hate speech or an infringement of any third party's intellectual property rights of any kind, including without limitation, copyright, patent, trademark, industrial design, trade secret, confidentiality or moral rights; or (d) violates or encourages other to violate any applicable law.
3. You may not under any circumstance:
Certain product, service, or company designations for companies other than WaltersLacey LLP may be mentioned in the Site for identification purposes only. Such designations are often claimed as trademarks or service marks. In all instances where WaltersLacey LLP is aware of a claim, the designation appears in initial capital or all capital letters. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status.
5. Not Legal Advice/No Attorney-Client Relationship
The Content on the Site is intended to provide information to the public and is not legal advice of WaltersLacey LLP or any of its attorneys. Any opinions expressed through Content on the Site are the opinions of the particular author and may not reflect the opinions of WaltersLacey LLP or any individual attorney. Although we try to ensure the accuracy of the Content, laws are often changing, and we cannot guarantee that all of the Content is complete, accurate, or current. You should not act or refrain from acting on the basis of any Content included on the Site without consulting an attorney licensed to practice in your jurisdiction. Neither the Site, nor any information or material you send to WaltersLacey LLP through the Site, is intended to create an attorney-client relationship. If you communicate with WaltersLacey LLP through the Site, your communication is not confidential, and may not be secure. If you are a current client of WaltersLacey LLP, please do not send confidential information to us through the Site.
The Site and the Content may be considered advertising in some jurisdictions. WaltersLacey LLP does not seek to represent any person or entity based upon that person's or entity's viewing the Site (or any portion of the Site) in any jurisdiction where the Site (or any portion of the Site) does not comply with all of the laws and ethical requirements of that jurisdiction. WaltersLacey LLP's attorneys do not seek to practice law in jurisdictions where they are not properly authorized to practice. The various bar memberships of our attorneys are listed in each attorney's biography.
If the ethical requirements in your area require WaltersLacey LLP to designate an attorney responsible for the Site or the firm's principal office, we designate Meirwyn Walters and the Danvers office.
6. Modifications To Terms
WaltersLacey LLP may change these Terms from time to time. Each time changes are made to these Terms, they will be posted on the home page and you will be alerted to them and asked to review them before proceeding with your further use of the Site. Your continued use of this Site following the posting of any changes to the Terms constitutes your acceptance of those changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with the Site in any way, your only recourse is to immediately terminate use of the Site.
7. Termination of Site/Modifications To Site
WaltersLacey LLP reserves the right to modify or terminate these Terms or your access to the Site (or portions of the Site), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. Sections 1 and 3-18 of these Terms shall survive any termination of these Terms or your right to access to the Site. You acknowledge and agree that WaltersLacey LLP will not be liable to you or any third party in the event that WaltersLacey LLP exercises its right to modify or terminate access to the Site (or portions of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site will be subject to these Terms.
9. Copyright Infringement
In accordance with the Digital Millennium Copyright Act ("DMCA") http://lcweb.loc.gov/copyright/, WaltersLacey LLP has designated an agent to receive notifications of alleged copyright infringement associated with the Site. WaltersLacey LLP will, upon receiving proper notice as set forth below, use commercially reasonable efforts to remove or disable access to any such material as set forth in the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent: email@example.com. When notifying WaltersLacey LLP of the alleged copyright infringement, please include all of the following information:
10. Other Sites, Content, Products and Services
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WALTERSLACEY LLP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, INTEGRATION, NON-INTERFERENCE WITH ENJOYMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WALTERSLACEY LLP MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.
12. Limitation of Liability
IN NO EVENT SHALL WALTERSLACEY LLP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, OR OTHERWISE RESULTING FROM: (1) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS, OR WEBSITES, (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (3) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (4) ANY OTHER MATTER RELATING TO THE SITE, EVEN IF WALTERSLACEY LLP WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless WaltersLacey LLP, its affiliates, shareholders, directors, officers, co-branders, subsidiaries, parents, employees and agents, from any claim, demand, liability, dispute, damage, cost, expense, or loss, including reasonable attorneys' fees and costs of litigation, arising out of, or in any way connected with your use of or access to the Site, your use of the Content, your linking to the Site or your violation of these Terms.
14. Dispute Resolution
Any dispute arising out of or in connection with these Terms or your use of any Content or this Site or your access to or links to this Site, shall be resolved by arbitration before three neutral arbitrators administered by the American Arbitration Association in Boston, Massachusetts, in accordance with its Commercial Arbitration Rules, as then in effect. Except for punitive damages (which may not be awarded), any provisional or equitable remedy which would be available from a court of law shall be available from the arbitrators to parties. The award of the arbitrators may be enforced in any court having jurisdiction thereof. Both parties hereby consent (a) to the non-exclusive jurisdiction of the courts of the Commonwealth of Massachusetts or to any Federal Court located within the Commonwealth of Massachusetts for any action (i) to compel arbitration, (ii) to enforce the award of the arbitrators or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies and (b) to service of process in any such action by registered mail or any other means provided by law. Some jurisdictions may provide additional rights to consumers.
16. Limitation of Actions Brought Against WaltersLacey LLP
You agree that any claim or cause of action arising out of your use of the Site or these Terms must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by WaltersLacey LLP to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.
18. Contact Information
If you have any questions regarding these Terms or the Site, please contact WaltersLacey LLP at firstname.lastname@example.org.
7 Federal Street, Suite 26
Danvers, MA 01923
Phone: (978) 777-4455
Fax: (978) 777-9467