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Terms and Conditions
Welcome to the Inhouse-Counsel.net web site. This Agreement contains the terms, covenants, conditions, and provisions governing your access and use of this Site and the information and materials found on this Site. This Agreement also contains the privacy policy applicable to your use of this Site. This Agreement is effective as of August 15, 2004.
By accessing, browsing, viewing, or using this Site, you, the User, indicate that you understand and intend these Terms and Conditions and Privacy Policy to be the legal equivalent of a signed, written contract and equally binding, and that you agree to such Terms and Conditions and Privacy Policy. Please note that Cardis (includes Joel Cardis, Esquire and Inhouse-Counsel.net) reserves the right to change the Terms and Conditions and Privacy Policy under which this Site and its various offerings are extended to you. Your continued use of this Site following reasonable notice of such modifications will constitute your acceptance of such changes. You also agree that notices we may provide on the Site itself shall be deemed reasonable notice for this purpose.
1. Disclaimer. This Site has been prepared by Cardis for general informational purposes only. The materials contained herein do not, and are not intended to, constitute legal advice. You should not act, or refrain from acting, based upon any information at this Site. The information provided at this web site is not privileged and does not create an attorney-client relationship with Cardis. This Website is not an offer to represent you, nor does the act of sending an e-mail to Cardis, or submitting a form response or other materials through the Site, create an attorney-client relationship. If you are not currently a client of Cardis, your e-mail will not be privileged and may be disclosed to third persons, except as otherwise expressly provided on this Site.
2. Limited User License. This Agreement provides you, the User, with a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with the Terms and Conditions of this Agreement, including any subsequent revisions or modifications thereof. You may print and download materials and information on this Site solely for your own personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Any other use, reproduction, modification, distribution or republication of this Site without prior written consent is strictly prohibited. Notwithstanding the foregoing and except as otherwise expressly permitted herein, a User may not modify, copy, distribute, broadcast, transmit, reproduce, publish, mirror, frame, license, transfer, sell, or otherwise use any information or material obtained from or through this Site. As a further condition of use of this Site, all Users warrant to Cardis that they will abide by all applicable laws, rules and regulations and that they will not use this Site for any purpose that is unlawful or otherwise prohibited by these Terms and Conditions. To seek permission to use materials and information (including screen-shots of this Site) beyond the scope of the foregoing license, please contact Cardis. Any rights not expressly granted herein are reserved.
3. Copyright and Proprietary Rights. All material contained on this Site, unless otherwise indicated, is protected by law, including, but not limited to, United States copyright, trade secret (for password protected areas), and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Cardis does not grant any express or implied right(s) to Users of this Site. Please be aware that Cardis actively and aggressively enforces his intellectual property rights to the fullest extent of the law. The contents of this Site are © 2004-5 Joel Cardis. All Rights Reserved. Removing or altering the copyright notice on any material on this Site is prohibited. Cardis also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination and arrangement of the Site's content.
All names, logos, and icons identifying Cardis and/or Cardis's products and services are proprietary marks of Cardis. Other product and company names mentioned herein may be the trademarks of their respective owners.
If you believe that any materials on this Site infringe any copyright or other intellectual property interest, please provide Cardis with an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property interest that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and e-mail address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner's behalf.
4. Privacy Policy. The following privacy policy sets forth Cardis's information gathering and dissemination practices in connection with the Site. Use of this Site constitutes consent to Cardis's collection and use of personal data as outlined therein, except as may be otherwise expressly provided elsewhere on this Site with respect to any specific materials or uses.
(a) Collection of Personal Information from Site Users; Cookies. Cardis may collect and/or track (1) the home server domain names, e-mail addresses, type of computer, and type of Web browser of users to the Site, (2) the e-mail addresses of users that communicate with Cardis or the Site via e-mail, (3) information knowingly provided by the user in online forms, registration forms, surveys, etc. (including name, address, e-mail and other personal profile data), and (4) aggregate and user-specific information on which pages users access.
Cardis may place Internet "cookies" on users' hard drives. Internet cookies save data about individual users, such as the user's name, password, user-name, screen preferences, the pages of a site viewed by the user, and the advertisements viewed or clicked by the user. When the user revisits the Site, Cardis.net may recognize the visitor by the Internet cookie and customize the user's experience accordingly. Users may decline Internet cookies, if any, by using the appropriate feature of their Web client software, if available. However, declining to use cookies may impede the ability of the Site to function properly.
When a user performs a search within the Site, Cardis may record information identifying the user or linking the user to the search performed. Cardis may also record limited information associated with every search request made by the user and use that information to, among other things, solve technical problems with the service and to calculate overall usage statistics.
(b) Use of Personal Data Collected. Cardis may use the personal data he collects for internal purposes, namely, for solving technical problems, calculating overall usage statistics, for internal marketing and promotional purposes, product development, and content improvement. Cardis will not disclose to third parties any individually identifying information, such as names, postal and e-mail addresses, telephone numbers, and other personal information which users voluntarily provide to Cardis, except with the consent of the user or to the extent necessary to comply with applicable laws or legal processes (e.g., subpoenas), or to protect the rights or property of Cardis. Cardis will cooperate with law enforcement authorities.
(c) Security Measures. Cardis may implement security features to prevent the unauthorized release of or access to personal information. Please note, however, that Cardis cannot guarantee the confidentiality of any communication or material transmitted to/from Cardis via the Site or e-mail. Accordingly, Cardis is not responsible for the security of information transmitted via the Internet. For more private communication, users can contact Cardis by telephone at the main office and direct line telephone numbers provided on the Site.
(d) Opt-Out Right. Users may at any time opt out of having their personal information used by Cardis to send promotional correspondence to the user, by contacting Cardis via telephone or postal mail at the address(es) below:
Phone: 215-654-8246
Mailing address: PO Box 1172, Blue Bell, PA 19422
(e) Access to and Ability to Correct Personal Data. Upon request via postal mail, e-mail, or telephone, Cardis will provide to users a summary of any personally identifiable information retained by Cardis regarding the user. Users may modify, correct, change or update personally identifiable information that Cardis has collected by the Site or may cause their personal record to be removed from Cardis database by contacting Cardis via postal mail, e-mail, or the telephone number indicated in paragraph 4 above.
(f) Collection of Personal Data from Children. Cardis does not knowingly solicit information from children and we do not knowingly market the Site or its services to children. No one under the age of 13 should submit any personal information to Cardis and/or the Site.
(g) Cardis's Right to Contact Visitor/Subscriber. Cardis reserves the right to contact users of the Site regarding changes to the Terms and Conditions generally, this Privacy Policy specifically, or any other policies or agreements relevant to web site users.
5. Links to Other Sites. Cardis may provide links, in its sole discretion, to other sites on the Internet for the convenience of its Users in locating related information and services. These sites have not necessarily been reviewed by Cardis and are maintained by third parties over which Cardis exercises no control. Accordingly, Cardis expressly disclaims any responsibility for the privacy policies, information collection practices, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any web site or the products or services provided by any third party.
6. Account Maintenance And Responsibility. Access to secured/password protected areas of this Site or Cardis are restricted to authorized users. By accessing any secured/password protected area of this Site or Cardis, you represent, warrant and covenant that you are authorized to do so and to engage in the activities and communications that you conduct thereunder. You agree to be solely responsible for the confidentiality and use of your password or username, as well as for any activities or communications conducted on this Site or Cardis using your password. Unauthorized individuals attempting to access secured/password protected areas of this Site or Cardis may be subject to prosecution. If you wish to cancel a password or username, or if you become aware of any loss, theft or unauthorized use of a password or username, please notify Cardis immediately. Cardis reserves the right to delete or change any password or username at any time, for any reason.
7. Termination. If you violate any provision of these Terms of Use, your permission to use this Site, Cardis and the Content shall automatically terminate. We may change, suspend or terminate your account or your use of all of part this Site or Cardis at any time as we deem appropriate.
8. Advertisements And Links To Other Sites. Cardis, in its sole discretion, may post the advertisements or other materials of third parties on this Site. Your correspondence or any other dealings with advertisers found on this Site are solely between you and such advertiser. You agree that Cardis shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisements on this Site. Moreover, Cardis shall not be responsible or liable for the statements or conduct of any such advertisers on this Site.
This Site may contain links to other web sites. These links are provided solely as a convenience to you and not as an affiliation, endorsement or adoption by us of such linked web sites or the content thereof. We are not responsible for the content of any linked sites and do not make any representations regarding the content or accuracy of materials on any linked sites. If you decide to access any linked site, you do so at your own risk. When leaving this Site, you should be aware that our terms and policies may no longer govern, and, therefore, you should review the applicable terms, conditions and policies, including privacy and data-gathering practices, of each linked site.
9. DISCLAIMERS OF WARRANTIES; LIMITATION OF LIABILITY. WHILE CARDIS ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AND MATERIALS AVAILABLE, THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, CARDIS MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE AT ANY TIME, FOR ANY REASON.
NEITHER WE NOR ANY BUSINESS PARTNERS REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE OR THEY MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE OR ANY CONTENT AVAILABLE ON OR THROUGH THIS SITE.
THE USER, ASSUME THE SOLE RISK OF MAKING USE OF, AND/OR RELYING ON, THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE. CARDIS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. CARDIS DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.
IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. IN NO EVENT SHALL CARDIS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION AND MATERIALS AVAILABLE ON THIS SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF CARDIS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
In the event that Cardis is held liable for any damages arising in connection with this Site or any content made available on or through it, the aggregate liability of Cardis and the Covered Parties shall not exceed in the aggregate the lesser of $1,000 and the amounts actually paid to Cardis by you or for your use for the one-month period preceding the first event that gave rise to the claims.
10. Miscellaneous. This Agreement will be governed by the laws of the Commonwealth of Pennsylvania without giving effect to the choice of law provisions thereof and all parties to this Agreement expressly agree to be subject to the jurisdiction of courts in the City of Philadelphia, State of Pennsylvania. Any of these Terms and Conditions which are determined to be invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability in such jurisdiction, without rendering invalid or unenforceable any of the remaining Terms and Conditions or affecting the validity or enforceability of these Terms and Conditions in any other jurisdiction. Failure to insist on performance of any of these Terms and Conditions will not operate as a waiver of any subsequent default. No waiver by us of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part, without our prior written consent. These Terms and Conditions shall be binding upon and inure to the benefit of each of us and our respective successors and permitted assigns. Any action or claim against us must be brought within one year following the date on which the claim first accrued or shall be deemed forever waived. We reserve all rights not expressly granted herein.
A printed version of these Terms and Conditions and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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