RIVKIN RADLER LLP’S
TERMS OF USE

Thank you for visiting Rivkin Radler LLP’s Website.

The following are the Terms of Use, which will apply to your access or use of the Website and its contents. Incorporated into these Terms of Use is Rivkin Radler’s Privacy Statement, Digital Millennium Copyright Notice, and Website Accessibility Statement (collectively “Policy Statements”).

Please read these Terms carefully and discontinue your access and use of this Website if you do not agree to be bound by them.

1. General Information

Rivkin Radler LLP (“Rivkin Radler,” “we” or “our”) is a United States law firm with offices located in the States of New York and New Jersey. Rivkin Radler operates a website <www.rivkinradler.com> (“Website”) which offers information about the firm, its attorneys, and general legal information that may be of interest to our clients, colleagues or the public. Website content may include information and news about Rivkin Radler, its practice groups, attorneys, and staff; articles concerning recent legal developments and trends; Rivkin Radler’s locations; and contact information. Visitors to the Website may elect to use the Website to contact Rivkin Radler, to sign up to receive Rivkin Radler publications on specific topics or register for a Rivkin Radler event. No other products or services are offered through the Website.

Some or all content of the Website may constitute Attorney Advertising.

Prior results do not guarantee a similar outcome.

 2. No Legal Advice

The information provided on the Website is offered as a courtesy. Website content is intended to provide general information and does not apply to any particular facts or circumstances. It does not constitute legal advice and website visitors may not rely on the contents for that purpose. If you need individual legal services, you should seek advice as you deem appropriate from professionals who are knowledgeable in that subject and admitted to practice in the jurisdiction in which your issues arose.

3. No Attorney-Client Relationship

No attorney-client relationship exists or may be created by your access or use of this Website or your communication with Rivkin Radler through a Website link. If you wish to retain Rivkin Radler, we would be happy to discuss your specific legal needs with you to determine whether we can be of assistance. Rivkin Radler will also explore whether it has any conflict of interest or other issues in providing legal representation to you. Rivkin Radler may decline to represent any person or entity due to a conflict of interest or, in its sole discretion, for any other reason.

There is no attorney-client relationship between us unless and until you and Rivkin Radler enter into a written retainer agreement describing the scope of the proposed representation, the fee arrangements and other important terms. If you and Rivkin Radler decide that Rivkin Radler should represent you in a specific matter, a written retainer agreement, signed by both you and Rivkin Radler is an absolute prerequisite for the creation of an attorney-client relationship.

Please be aware that any communications sent to us through the Website or through email before Rivkin Radler is retained may not be privileged. Accordingly, please consider what information you share through the Website or email before sending it. Do not send any private information that should not be shared with others.

4. Acceptance of Terms and Conditions

These Terms of Use and Incorporated Policy Statements exclusively govern your access and use of the Website, unless expressly modified, in writing, in an agreement signed by us and you. BY VISITING, USING, BROWSING, POSTING OR OFFERING CONTENT OR SENDING INFORMATION THROUGH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND INCORPORATED POLICY STATEMENTS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THE WEBSITE AND REFRAIN FROM USING ANY OF ITS FUNCTIONS.

5. Modification of Terms and Conditions

Rivkin Radler reserves the right, to the extent permitted by law and at our sole discretion, to modify, amend or update these Terms of Use and incorporated Policy Statements, from time to time, by posting the updated Terms of Use on the Website thirty (30) days before they become effective. Your continued use of this Website after that will constitute your acceptance of the updated Terms. If, at any time, you do not agree to the most recent version of our Terms, please cease using the Website.

6. No Guarantee.

Rivkin Radler works hard to provide useful and interesting content on the Website. By its very nature, legal analysis is constantly changing and is often a matter of opinion. Interpretation of the law always depends on its application to specific facts and circumstances. Accordingly, you understand and agree that Rivkin Radler cannot guarantee that all of the information on the Website will be accurate, complete or current, or that you will achieve any specific result or outcome based on the information contained on the Website. Rivkin Radler assumes no liability and you assume all risk of the use of the Website and its contents.

7. Temporary Interruptions

You understand and agree that temporary interruptions of the Website may occur as normal events that are out of our control. Neither you or we have control over the third-party networks or services that are used to offer or access the Website. You agree that your access to and use of the Website is provided “AS IS” and that we assume no responsibility in regard thereto.

8. Third-Party Websites and Information

Rivkin Radler’s Website may contain links that redirect or link to third-party websites that we do not operate or control. Our Website also may otherwise include references to information or services made available by third parties. We provide the links solely as a courtesy to our Website visitors. Although Rivkin Radler tries to provide links to trusted, reputable and secure websites and information, we cannot and do not endorse your use or access or make any warranties, express or implied, regarding their information, products or services.

Some websites may contain information, material or policies that some may find inaccurate, inappropriate or personally objectionable. You agree that Rivkin Radler is not responsible for the accuracy, completeness, decency or legality of content hosted by third-party websites. We are not responsible for errors or omissions in any references made on those third-party websites or any damage you may sustain as a result of or in connection with your access to or use of third-party websites, products or services.

9. Rivkin Radler Intellectual Property

  • Website Content. For purposes of these Terms of Use and incorporated Policy Statements, “Website Content” is defined as any information, communications, software, published works, photos, videos, graphics, music, sounds or other material that can be viewed by users on the Website unless identified otherwise.
  • Ownership of Content. By accepting these Terms of Use, you agree that all Website Content is protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of Rivkin Radler. All custom graphics, icons, logos and service names are registered trademarks, copyrights or service marks of Rivkin Radler or licensed by Rivkin Radler for its use. All other trademarks or service marks are the property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, copyright, service mark and/or the name of Rivkin Radler.
  • Limitations on Use of Content. You may download, copy or print Website Content for your own use or reference in the future. You are not authorized and may not use or distribute Website Content for 1) any commercial use or purpose; 2) without attribution to Rivkin Radler and/or the specific author identified as the source of the material; or 3) without Rivkin Radler’s prior permission. You may link to Rivkin Radler’s website with our permission and so long as the link properly identifies Rivkin Radler and the link is not “framed.”
  • No warranty for Third-Party Infringement. We do not warrant or represent that your use of materials displayed on or obtained through this Website will not infringe the rights of third-parties. If you believe that any Website content infringes on your intellectual property interest, please notify us by providing the information using the procedure provided in our Digital Millennium Copyright Notice, which you can access by clicking here.

10. Website Accessibility Statement

The Website and its content are dynamic, and technology is constantly evolving. Rivkin Radler tries to ensure that the Website is useful, aesthetically pleasing and reasonably accessible to the widest audience possible. However, it is impossible to ensure that unforeseen issues will not arise in the future that may affect the ability of some individuals to access some or all Website content. If you are having any specific difficulty using the Website, please contact our accessibility contact at accessibility@rivkin.com or telephone us at 516-357-3000 so that we may assist you. Rivkin Radler welcomes any feedback on how to improve the Website’s accessibility for users in the future.

Rivkin Radler cannot and does not make any representation or warranty that third-party content or third-party websites to which we provide links will be accessible for your purposes.

11. DISCLAIMER

ALL CONTENT ON THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT: (A) THE CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

PLEASE NOTE THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

12. Limitation of Liability and Indemnification

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE. PLEASE NOTE THAT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

To the extent permitted by law, you agree to defend, indemnify and hold us harmless from all liabilities, claims and expenses, including, but not limited to, attorney’s fees or costs that may arise from your use or misuse of this Website, or your violation of these Terms of Use or the incorporated Policy Statements. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any
available defenses.

13. Termination of Use

Rivkin Radler may discontinue and prevent any individual from accessing or using the Website if it determines, in its sole discretion, that the user has violated these Terms of Use or incorporated Policy Statements or acted in such a way as to interfere with the Website or its enjoyment by others, or for improper, illegal or inappropriate purposes, including but not limited to deliberately disseminating spam, malware or other deceptive or damaging computer code.

14. International Use. Although this Website may be accessible worldwide, we make no representation that the Website or its Content are appropriate or available for use in locations outside the United States. Those who choose to access this Website from other locations do so on their own initiative and at their own risk. If you choose to access this Website from outside the United States, you are responsible for compliance with local laws in your jurisdiction.

15. Miscellaneous Provisions

  • Governing Law. This Website and its content are provided by Rivkin Radler from its offices in Nassau County, New York, and the laws of the State of New York shall be controlling, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state or federal courts located in the County of Nassau, State of New York.
  • Use by Children. We do not offer products or services for sale to children under 18. By using this Website, you are representing to us that you are 18 years or
    older. We will not be a liability for any damages that may result from misrepresentation of age by a user of our website.
  • No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Website beyond the limited rights granted to you hereunder.
  • Savings Clause. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
  • No Waiver. Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
  • Entire Agreement. These Terms of Use and the Incorporated Policy Statements constitute the entire agreement and understanding between the parties concerning your use and access of the Website and supersede all prior agreements and understandings of the parties with respect thereto.

Version: 1

Eff. Date: 07/26/18

 

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