TERMS OF USE

Your use of this website (the “Site”) is subject to the following Terms of Use.  Please read them carefully, as they may have changed since your last visit. Your use of this Site indicates your acceptance of these terms. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THIS SITE.

General Disclosures

This Site and all the information it contains, or may in the future contain, including, but not limited to, articles, memoranda, bulletins, reports, press releases, opinions, text, directories, guides, photographs, illustrations, trademarks, trade names, service marks and logos (collectively, the “Content”), are the property of Aurelian Law PLLC (the “Firm”), its partners, members, and employees.

The Content of this Site does not convey legal, accounting, tax, career or other professional advice of any kind.  Your use of this Site does not create a lawyer-client relationship between you and the Firm, nor will any information you submit to us via this Site or by electronic mail be considered a lawyer-client communication or otherwise be treated as confidential or privileged in the absence of a pre-existing express agreement by us to the contrary.

The Content of this Site may be considered Attorney Advertising under the laws and rules of professional conduct of the jurisdictions in which we practice.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Use.

To the extent that any provision of this Terms of Use is deemed to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use. Any such determination shall not affect the validity and enforceability of any other remaining provisions.

There are no third-party beneficiaries to the Terms of Use. The Firm shall have the right to assign its rights or delegate any of its responsibilities under these Terms of Use to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all of our assets.

License to Use the Site

The Firm grants you a limited, revocable, non-exclusive, non-transferable license to view, copy, and print Content on the site for your personal and limited commercial purposes as long as they do not violate any aspect of this Terms of Use or law, including our intellectual property rights.  The Firm reserves the right to terminate or limit your access to the Site and/or the licenses granted herein for any reason and in our sole discretion.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or Content, use of the Site or Content, or access to the Site or Content, without first obtaining express, written permission from us.

Copyright and Trademark

All Content is either copyrighted by us or is the proprietary property of us, our affiliates, or licensors.  The Firm reserves any and all rights to the Content.  The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or part without our prior written permission except you may download and print Content for uses that are not competitive with or derogatory to us, provided that you keep all copyright or other proprietary notices intact.  Please note that this limited consent may be revoked at any time by us and does not include consent to republish Content on the Internet, or any Intranet or Extranet site, or to incorporate the information in any database or other compilation.  Any other use of the Content is strictly prohibited.  You further agree that you will not systematically extract, collect, or harvest through electronic means or otherwise, any data or data fields from the Site, including but not limited to customer identities.

All trademarks on the Site are trademarks or registered trademarks of us, our affiliates, or licensors and may not be copied, imitated, or used in whole or in part without prior written permission of us.  All page headers, custom graphics, button icons, and scripts are service marks, trademarks, and or trade dress of ours or our affiliates and may not be copied, imitated, or used in whole or in part without prior written permission of us.

Privacy

The Firm maintains a Privacy Policy on our Site for disclosures about the types of information the Firm collects, how the Firm uses it, how you can control the use and disclosure of it, and how you may access and update information about you provided to us.

Prohibited Uses

In addition to anything stated in this Terms of Use, you are prohibited from using the Site or Content:

  • for any unlawful or fraudulent purpose or to submit false or misleading information;

  • to solicit others to perform or participate in any unlawful acts;

  • to violate any international, federal, provincial or state regulations, rules, laws or local ordinances;

  • to do, cause, or permit anything to be done that may infringe, damage or interfere with any intellectual property rights of the Firm, its licensors, or any third party;

  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, threaten, or discriminate based upon gender, sexual orientation, religion, ethnicity, race, age, national origin;

  • to do anything for a damaging, obscene or immoral purpose; or engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site or Content, or engage in any automated use of the system, such as using scripts to send comments or messages;

  • to collect or track the personal information of others or make any unauthorized use of the Site or Content, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;

  • to engage in unauthorized framing of or linking to the Site or Content;

  • to impact negatively our data security and privacy practices related to the Site and Content, including:

  • to spam, phish, pharm, pretext, spider, crawl, scrape or facilitate the use of any malware or ransomware;

  • to do anything which will or might damage, interfere with, disrupt access to, interrupt, impair, or circumvent the security of the Firm Site, its data, and/or the Internet and/or Site or Content, including but not limited to:

  • uploading or transmitting viruses, malware, ransomware, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or Content;

  • impose or attempt to impose an unreasonable or disproportionately large load on the Site;

  • systematically retrieve data or other content from the Site or Content to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us, including but not limited to uploading or transmitting (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);

  • using or launching any unauthorized script or other software; or probe, scan, or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;  

  • to use any data mining, robots, or similar data gathering and extraction tools or, except as may be the result of standard search engine or Internet browser usage;

  • use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site or Content;

  • decipher, decompile, disassemble, or reverse engineer any software comprising or in any way making up a part of the Site; or copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;

  • to assume that an attorney-client privileged relationship has been created, when it has not;

  • to use the Site or Content to advertise or offer to sell goods and services;

  • to use the Site or Content as part of any effort to compete with us or otherwise use the Site or Content for any revenue-generating endeavor or commercial enterprise;

  • to take any action, or inaction, that in any way may be deemed a breach or violation of any of our Terms of Use or Privacy Policy;

  • to obtain unauthorized access to the Site or Content; and

  • attempt to do any of the above.

Accuracy and Completeness

The Content of this Site concerns topics selected by the Firm for dissemination to the general public, and is offered on a blind basis, without any knowledge as to your industry, identity or specific circumstances.  The application and impact of relevant laws will vary from jurisdiction to jurisdiction.  There may be delays, omissions, or inaccuracies in information contained on this Site.  The Content of this Site should not be relied upon or used as a substitute for consultation with professional advisors.

The Firm does not take on any obligation to update, amend, or clarify information in the Site or Content or on any related website, including without limitation, pricing, dates, availability, location, products, or services, except as required by law.

Warranty and Limitation of Liability

THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.  THE FIRM DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SITE OR CONTENT, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.  YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR OWN RISK.  THE FIRM DOES NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR CONTENT WILL BE ACCURATE OR RELIABLE.  YOU AGREE THAT FROM TIME TO TIME THE FIRM MAY REMOVE THE SITE OR CONTENT FOR INDEFINITE PERIODS OF TIME OR CANCEL THEM AT ANYTIME WITHOUT NOTICE TO YOU.  IF YOU ARE DISSATISFIED WITH THE SITE OR CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THIS SITE.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE FIRM EXCLUDES ALL REPRESENTATIONS AND WARRANTIES RELATING TO THIS SITE AND ITS CONTENT FOR WHICH IT IS OR MAY BE PROVIDED BY ANY AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN THE FIRM SITE AND/OR CONTENT.

IN NO CASE SHALL THE FIRM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ARISING FROM YOUR USE OF THE SITE OR CONTENT OR IN ANY WAY RELATED TO THE FIRM SITE AND CONTENT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE.  IN ANY EVENT THE AGGREGATE LIABILITY OF THE FIRM AND OUR SERVICE PROVIDERS UNDER THESE TERMS OF USE SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500).  YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

THE FIRM DOES NOT EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE.  THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE EXTENT PERMITTED BY LAW.  NONE OF YOUR STATUTORY RIGHTS AS A CONSUMER ARE AFFECTED.

IN THE CASE OF JURISDICTIONS THAT RESTRICT LIMITATION CLAUSES, THE ABOVE LIMITATIONS SHALL BE APPLIED TO THE GREATEST EXTENT PERMITTED BY THE RELEVANT LAW IN SUCH JURISDICTIONS.  THE ABOVE LIMITATIONS DO NOT, IN ANY WAY, EXCLUDE ANY LIABILITY OF THE FIRM, ITS AFFILIATES, ITS LICENSORS, OR ANY MEMBER WHERE IT WOULD BE UNLAWFUL TO DO SO.

Governing Law

Our Site and Content shall be governed and construed in accordance with the laws of New York, without reference to any conflict of laws rules.

The Site is hosted in the United States.  If you access the Site from a location outside of the United States, you are responsible for compliance with all local laws.  You agree that you will not use the Site or Content in any manner prohibited by any applicable laws, restrictions, or regulations.

Disputes

You and the Firm agree that if there is any dispute or claim arising from or related to our Site or Content, these Terms of Use, and/or the Privacy Policy, it will be resolved by confidential binding arbitration in Rochester, New York, rather than in court, after first giving Notice of the Dispute (“Notice”) to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice.  This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought.

If you and the Firm are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or the Firm may initiate arbitration proceedings.  There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms of Use as a court would.  YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.

The Federal Arbitration Act and federal arbitration law apply, and the American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes.  Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.  The arbitration shall be held in the State of New York or at another mutually agreed location.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law.  The arbitrator’s award shall be confidential, final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Notwithstanding any provision in these Terms of Use to the contrary, you and we agree that if we make any change to this section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against us prior to the effective date of the change.  Moreover, if we seek to terminate this section, any such termination shall not be effective until thirty (30) days after the version of the Terms of Use containing this section is posted to the Site and shall not be effective as to any claim that was filed in a proceeding against us prior to the effective date of termination.

CLASS ACTION WAIVER: YOU AND THE FIRM AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.  If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.  We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Indemnification

To the fullest extent permitted by law, and except to the extent arising from our negligence, recklessness, gross negligence, or intentional misconduct, you agree to indemnify, defend, and hold harmless the Firm, and any parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, disbursements, and costs, made by any third-party due to or arising out of your use of the Site or breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or rights of a third-party.  The Firm reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses.  You shall not settle any actions or claims on our behalf without our prior written consent. 

Changes

The Firm reserves the right to change, modify, or amend these Terms of Use at any time to reflect changes in our practices and offerings.  If the Firm modifies our Terms of Use, the Firm will update the Effective Date and such changes will be effective upon posting.

The Terms of Use may only be modified in writing. Any ambiguities in the interpretation will not be construed against the drafter.

Accessibility

If you experience any difficulty in accessing any part the Site or Content please contact us at info@aurelianlaw.com.

Question and Contact Information

If you have any questions about the Terms of Use please contact us at info@aurelianlaw.com.

Aurelian Law PLLC is registered in New York with principal law offices at 3445 Winton Place, Suite 228, Rochester, New York 14623, telephone number 585-542-1200.