Disclaimer & Terms of Use

TERMS OF USE

Please read these terms carefully before using this website/blog.

Your use of this website (the “Site”) constitutes your acceptance to be bound by to the provisions in this Terms of Use Agreement (the “Agreement”) without limitation, qualification or change. Garvey Schubert Barer (“GSB,” “firm,” “we,” or “us”) may update or modify this Agreement from time to time without prior individual notice by posting a revised Agreement on the Site, so please check this page again for changes from time to time. Your continued use of the Site will constitute your acceptance of any such changes.

Posting Comments and Questions

You may use this Site to post comments in response to our blog or to post questions to the firm. Please do not include any information that you or someone else considers to be confidential in nature. Without prior establishment of an attorney-client relationship, unsolicited messages containing confidential information cannot be protected from disclosure.

The Site allows you to post comments that can be viewed by other users of the Site.  If and when you submit any information or materials for posting on the Site (“Content”), you authorize us to use the Content to contact you by email, phone, or other method and for any purpose outlined in our Privacy Policy. Posting Content does not create an attorney-client relationship with GSB. See “No Attorney-Client Relationship or Confidentiality” below.  You represent that your Content is true and accurate and shall not:  (a) infringe the intellectual property, proprietary, privacy or publicity rights of any third party; (b) violate any law or regulation; (c) contain any defamatory, indecent, obscene, abusive, vulgar, hateful, harassing material or any child pornographic or other any material harmful to minors; (d) contain any viruses, trojan horses, disabling code, worms, time bombs, “clear GIFs,” cancelbots, or other computer programming or routines that are intended to, or which in fact, damage, detrimentally interfere with, monitor, intercept, or expropriate any data, information, packets, or personally-identifiable information, or (e) constitute spam, flooding, advertisements, chain letters, pyramid schemes, or solicitations.

You acknowledge and agree that GSB may take any action it deems appropriate as to any Content. We have the right in our sole discretion, for any reason or for no reason, to decline to post any Content on the Site, and, at any time, to remove any Content that is posted to the Site.

You acknowledge and agree that content provided by third parties (“Third Party Content”) may include content owned by independent content providers (including other users), and licensed to us. You must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Third Party Content.  We do not pre-screen Third Party Content, but we reserve the right, without undertaking the responsibility, to remove Third Party Content at any time that we deem it to be harmful, offensive, or otherwise in violation of this Agreement.

Note that it is impossible for GSB to confirm the validity of posts. Please remember that GSB does not actively monitor the posted messages, and as such, is not responsible for the content contained within them. If you believe that a posted message is objectionable, we encourage you to notify an administrator or moderator of this forum immediately. GSB reserves the right to, but assumes no obligation to, actively investigate or remove objectionable content, if we determine that removal is necessary in our sole judgment. As this is a manual process, please realize that we may not be able to remove or edit particular messages immediately.

You remain solely responsible for the content of your posted messages. You agree to indemnify and hold GSB, its owners, directors, officers, employees, affiliates, agents, and third-party providers harmless from any claim or demand, including reasonable attorney fees and costs, made by any party arising out of Content you post, upload, transmit or submit to our Site. In no event shall GSB be held responsible for any damage that occurs based on third party content, such as in on line forums, chat, blogs, or comment sections of GSB’s Site or posted to GSB’s pages in social media such as Facebook, Linked In, or Twitter.

As to all Content, you hereby grant to GSB an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free license, fully sublicensable through multiple tiers, right to exercise all intellectual property rights, in and to all or any part of the Content, in any medium now known or hereafter developed, subject to restrictions and limitations imposed elsewhere on the Site, and by applicable federal law.

Any information GSB determines to be inaccurate, unhelpful or inappropriate for any reason will be removed, with or without prior notice. Appropriate sanctions may be applicable in the event you violate these Terms of Use.

Please note that with each post, your IP address is recorded, in the event that you need to be banned from this forum or your ISP contacted. This will happen only in the event of a major violation of this Agreement.

Also note that GSB’s online forums place a cookie, a text file containing bits of information, in your browser’s cache. The collection and usage of this information is governed by GSB’s Privacy Policy.

Unauthorized Submissions

GSB does not solicit or accept ideas or proposals from users regarding new products or services via the Site and you are not authorized to make any such submissions.  By making a submission to the Site, you hereby forever unconditionally and irrevocably waive, disclaim, release and indemnify GSB and each and all of its affiliates, directors, officers, shareholders, representatives and agents from any and all claims and causes of action that you may have at any time that GSB misappropriated all or any part of your idea or proposal.  You also agree: (a) your submission of information through the Site does not create any confidential or fiduciary relationship between you and GSB; (b) GSB may discuss and disclose your idea/proposal and any materials you submit to others; (c) GSB is not obligated to return to you any materials that you submit through the Site or to protect any of those materials from damage or destruction; (d) GSB is not obligated to pay any amount to you or otherwise compensate you or any other person in any way; (e) GSB is not required to furnish you with any information of any kind or respond to your submission in any way; and (f) in the event you have any proprietary interest in any idea or materials you submit, you grant GSB a license with respect thereto to the same extent and on the same terms as the Content you submit.

No Attorney-Client Relationship or Confidentiality

The materials available at this Site are for informational purposes only and are not for the purpose of providing legal advice or soliciting legal business. The opinions expressed at or through this Site are the opinions of the individual author and may not reflect the opinions of the firm, any individual attorney, or the firm’s clients. A visit to the Site, use of and access to the Site or any of the e-mail links contained within the Site or an inquiry from this Site to one of our attorneys or staff members, does not create an attorney-client relationship between you and GSB.  Neither your use of the Site nor posting of Content creates a joint venture, partnership, or any kind of relationship between you and GSB.

GSB cautions you not to send us any information about a legal matter until after you have spoken with one of our attorneys and received instructions about what information to provide him or her. Unsolicited information that you send to us will not be treated as confidential. While we would like to hear from you, we cannot represent you or advise you until we know that there is no conflict of interest. In addition, since the Internet is not a guaranteed secure environment, information sent via the Internet by form or e-mail might be intercepted and read by third parties.

A telephone number is provided on each attorney’s biography page. The Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

This Site may constitute “Attorney Advertising” under the New York Rules of Professional Conduct and under the law of other jurisdictions. Prior results do not guarantee a similar outcome. 

Jurisdictions

Our attorneys are licensed to practice law only in the specific jurisdictions listed in their biographies.

Resources

This Site offers information concerning legal issues and developments. The information presented here is intended solely for informational purposes and is of a general nature that cannot be regarded as legal advice. For legal advice tailored to your individual circumstances, you should contact your attorney.

Copyright

The images of individuals on this Web site may include owners, of counsel, associates and staff members of the firm. Images may also come from commercial stock photography featuring persons not associated with GSB. The Site and all images, audio, video and related informational materials in any medium available on the Site are either the property of GSB or licensed to GSB and are protected by US and international copyright laws, trade dress, trademark, moral rights, and other intellectual property rights.  Except as specifically agreed by GSB, no portion or element of the Site may be copied or retransmitted via any means and all related rights shall remain the exclusive property of GSB.  You may, however, download one copy of the content for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices.

If you believe in good faith that information or materials on the Site infringe on your copyright, you or your agent may send us a notice, in accordance with the requirements set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”), requesting that we remove or block access to the claimed infringing material. If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.loc.gov/copyright. Notices and counter-notices should be sent to:

Cinda Fernald
Garvey Schubert Barer
Second & Seneca Building
1191 Second Avenue
18th Floor
Seattle, WA 98101-2939
Tel.: 206-464-3939
Email: gsblaw@gsblaw.com

Trademarks

All trademarks appearing on this Site are the property of their respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the written permission of the party that may own the applicable trademark.

External Links

Our Site may link to other third-party Sites. This linking does not constitute our endorsement or approval of the content of those sites or of the policies, products, services, or opinions expressed therein. These links are provided as a convenience and for informational purposes only.  GSB bears no responsibility for the accuracy, legality or content of an external site or for that of subsequent links.  Contact the external site for answers to questions regarding its content and for their privacy policies.

Without the express written permission of GSB, you are prohibited from framing the GSB Site or from linking to any page other than GSB’s homepage.

Disclaimer of Warranties

The information on this Site is provided “as is” and “as available” without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, GSB disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, noninfringement and fitness for a particular purpose. GSB does not warrant that the information will be error-free. Your use of the information is at your sole risk.

We do not warrant that any content will be error-free, that access will be uninterrupted, that defects will be corrected, or that our Site or the server that makes such content available is free of viruses or other harmful components. In such event, you assume the entire cost of all necessary servicing, repair or correction.

Limitation of Liability

Under no circumstances, including but not limited to negligence, shall GSB be liable for any direct, indirect, special or consequential damages that result from the use of, or the inability to use, the materials on this Site, even if GSB or a GSB authorized representative has been advised of the possibility of such damages. In no event shall GSB have any liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) for using this Site.

Jurisdiction and Venue

You agree that any action at law or in equity (other than one in which preliminary or interim injunctive relief is sought) arising out of or relating to this Agreement shall be settled by arbitration to be held in King County, Washington, administered by the American Arbitration Association (the “AAA”) in accordance with its Commercial Arbitration Rules, except as provided herein, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction over the matter.  Nevertheless, nothing in this Agreement shall in any way limit your or our statutory rights and/or remedies, all of which are reserved and may be alleged in the arbitration process.  Each party shall bear its own costs and expenses of arbitration.  All forum fees and expenses, including the arbitrators’ fees, shall be shared equally by the parties, and shall not be assessed against either party as part of an award.

In the event, and solely in such event, that arbitration of a dispute hereunder is prohibited by law, you agree that the action shall be filed, and that venue properly lies, only in courts located in King County, Washington, or the federal Washington District Court, and you hereby consent and submit to the personal jurisdiction of such courts.

You hereby acknowledge, understand, and agree that, whether a dispute is resolved by arbitration or by a court, you waive the right to have the dispute heard or decided by a jury.

You agree that any cause of action you may have arising out of or related to these Terms of Use must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.

General Provisions

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Washington and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to enforce or to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. In these Terms of Use, the word “including” is used illustratively, as if followed by the words “but not limited to.”

If you have any questions about these Terms of Use, please contact us at GSB@gsblaw.com.

These Terms of Use were last updated on or about June 28, 2010.

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