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 These terms govern visitors’ use of this web Site (Site). If you do not agree with the terms and conditions set forth herein, please do not use this Site. By using this Site, you agree to be bound by the following terms and conditions. 1. Use of Site Content All content presented to you through this Site is protected by copyright, trademarks, service marks, patents or other laws and agreements. You are not permitted to use any of the content without the express prior written agreement of R | McHale LLC (hereinafter, "R | McHale Law"). Requests for such permission should be made to: legal@rmchale.com. 2. Prohibited Conduct Under no circumstances shall you: (a) send unsolicited commercial email (spam) to any email address provided on this Site; (b) interfere or attempt to interfere with the proper functioning of this Site, or interfere or attempt to interfere with other parties' use of this Site; (c) send any objectionable material to any email address provided on this Site; or (d) use this Site or its contents in any manner inconsistent with all applicable local, state, and federal rules and laws. (Objectionable material includes any material that contains information which: (i) is libelous or defamatory; pornographic; sexually explicit; vulgar; obscene; harassing; threatening; racially, ethnically or sexually objectionable; (ii) constitutes a breach of any person's privacy or publicity rights; (iii) violates any third party's intellectual property rights of any kind, including copyright, patent, trademark or trade secret; or (iv) violates or encourages others to violate any international, federal, state or local law.) 3. Not Legal Advice/No Attorney-Client Relationship The content on this Site is intended for informational purposes only, and is not legal advice of R | McHale Law or any of its attorneys. Neither this Site, nor any information or data you send to R | McHale Law through this Site, creates or is intended to create an attorney-client relationship. If you communicate with R | McHale Law through the Site, your communication is not confidential. 4. Changes To Terms R | McHale Law may change these Terms at any time. Your continued use of this Site following the posting of any changes to the Terms shall be deemed your acceptance of those changes. If you object to any provision of these Terms or any subsequent changes to these Terms, please do not use this Site. 5. Termination of Site/Modifications To Site R | McHale Law reserves the right to modify or terminate these Terms or your access to this Site (or portions thereof), temporarily or permanently, with or without notice to you, and is not obligated to maintain or update this Site. In the event your access to this Site (or portions thereof) is modified or terminated, you agree that neither R | McHale Law nor any of its members, officers, attorneys, employees or agents shall be liable to you or any third party. 6. Privacy R | McHale Law will treat any information it collects from you in accordance with its Privacy Policy, which is incorporated herein by reference. You are asked to read the Privacy Policy before you use this Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use the Site. 7. Disclaimer Neither R | McHale Law nor any of its members, officers, attorneys, employees or agents (collectively, the "Firm") are responsible for any loss or damage arising in any way from the use of this Site, or any use of the content on this Site. THE FIRM MAKES NO WARRANTIES IN THESE TERMS, IN THIS SITE OR IN THE CONTENT ON THIS SITE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, INTEGRATION, NON-INTERFERENCE WITH ENJOYMENT, SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. 8. Limitation of Liability NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, IN NO EVENT SHALL THE FIRM BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER DIRECT OR INDIRECT DAMAGES OR FOR LOST PROFITS, LOSS OF USE DAMAGES, LOSS OF DATA, OR LOSS OF GOODWILL THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE CONTENT CONTAINED ON THIS SITE OR FROM ANY OTHER CAUSE. ALL CLAIMS FOR SUCH DAMAGES ARE HEREBY SPECIFICALLY WAIVED. 9. Indemnity You agree to indemnify, defend and hold harmless R | McHale LLC, its members, officers, attorneys, 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 this Site, or your violation of these Terms. 10. Dispute Resolution Any dispute arising out of or in connection with these Terms or your use of this Site shall be resolved by arbitration before three neutral arbitrators administered by the American Arbitration Association in Boston, Massachusetts, in accordance with its then-current Commercial Arbitration Rules. You further consent to the 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 arbitrators' award, or (iii) for temporary or preliminary equitable remedies sought by R | McHale Law, or its members, officers, attorneys, agents or employees. 11. General If any provision of these Terms is found by a court or arbitrator to be invalid or unenforceable, the parties agree that the court or arbitrator should give effect to the parties' intentions by adopting a similar provision which is valid and enforceable, and the other provisions of the Terms shall remain in effect. R | McHale Law’s failure to act with respect to a breach by any person using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. You consent to the personal and subject matter jurisdiction by the state and federal courts located in Suffolk County, Massachusetts. These Terms, the Privacy Policy, and any other policies or procedures that may be posted from time to time by R | McHale Law on this Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. 12. Limitation of Actions You agree that any claim or cause of action arising out of your use of this Site or these Terms must be filed within one year after such claim or cause of action arose or it shall thereafter be barred, notwithstanding any statute of limitations or other law to the contrary. Within this one-year period, any failure by the Firm to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision. 13. Acknowledgment You acknowledge that you have read and understood these Terms. You further acknowledge that these Terms shall have the same force and effect as a signed agreement. These terms were last revised on July 1, 2009, 10:09 a.m. (EST).  |
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If you have any questions regarding these Terms or this Site, please contact the Site Administrator by telephone, mail, or email at the addresses or number provided below. » R | McHale Law 9 West Broadway, Suite 422 Boston, Massachusetts 02127 Tel: (617) 306-2183 Fax: (617) 848-9483 siteadministrator@rmchale.com |
