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Terms
of Use Agreement
These Terms of Use
(collectively defined as "Agreement") apply to this website (collectively
defined as "Site"), which is the website of Paliwoda PLLC. The term "Paliwoda PLLC," "Paliwoda,"
"Firm," "us," "we," "I," "my," or "our" refers to Paliwoda PLLC and any
other companies, partnerships, corporations or other undertakings that are
authorized to carry the name "Paliwoda PLLC." Reference to Paliwoda PLLC may be made interchangeably
in the possessive singular or in the possessive plural as referring to the
non-natural entity and/or its attorney(s). The term "you" and "your" refers to the user or viewer
of our website.
Your access or use to any
part of this Site constitutes your agreement to abide by these Terms of Use
in full. Please review these
terms carefully. If you do not
accept this Agreement, please leave this website immediately. This Agreement constitutes the
entire and only agreement between Paliwoda PLLC and you, and supersedes all
prior or contemporaneous agreements, representations, warranties and
understandings with respect to our website and the subject matter of this
agreement
Paliwoda PLLC reserves the
right, in our sole discretion, to modify, alter or otherwise update this
Agreement at any time and your continued use of the Site constitutes your
agreement to be bound by such modifications, alterations or updates.
Paliwoda PLLC reserves the
right to suspend, modify or discontinue this Site, temporarily or permanently,
at any time without notice.
Any of the material on this Site may be out of date at any given
time, and we are under no obligation to update such material. The information, materials or
documents (collectively defined as "Content") on this Site could
include technical inaccuracies or typographical errors. Changes are periodically made to
the Content contained herein.
Recognizing the global nature
of the Internet, you agree to comply with all applicable local rules
regarding online conduct and acceptable content. You also agree to comply with all applicable laws regarding
the transmission of technical data exported from the United States or the
country in which you reside.
Our Site must not be framed
on any other site, nor may you create a link to any part of our site other
than the home page. We reserve
the right to withdraw linking permission without notice.
Limited
License; Permitted Uses.
You
are granted a non-exclusive, non-transferable, revocable license to: (a)
access and use the Site solely in accordance with this Agreement; (b)
access and use the Site solely for informational, non-commercial purposes;
(c) copy or distribute information from the Site including Content solely
for informational, non-commercial purposes; (d) copy or distribute Content
only in its entirety (where a document consists of one page or more); (e)
provide proper copyright notices on all Content copied or distributed; (f)
maintain graphic elements with accompanying text on all content copied or
distributed; and (g) comply with all other policies contained therein. No printout or electronic version
of any part of this Site or its Content may be used by you in any
litigation or arbitration matter whatsoever under any circumstances.
Restrictions
and Prohibitions on Use.
Your
license for access and use of the Site and any information, materials or
documents (collectively defined as "Content") therein are subject to
the following restrictions and prohibitions on use: You may not, except for
the express purposes granted by the limited license above, (a) copy, print,
republish, display, distribute, transmit, sell, rent, lease, loan or
otherwise make available in any form or by any means all or any portion of
Content retrieved from the Site; (b) use the Site or any materials
obtained from the Site to develop, of as a component of, any information,
storage and retrieval system, database, information base, or similar
resource (in any media now existing or later developed), that is offered
for commercial distribution of any kind, including through sale, license,
lease, rental, subscription, or any other commercial distribution
mechanism; (c) create compilations or derivative works of any Content from
the Site; (d) use any Site images, code, meta-data or Content from the Site
in any manner that may infringe any copyright, intellectual property right,
proprietary right, or property right of us or any third parties; (e)
remove, change or obscure any copyright notice or other proprietary notice
or terms of use contained in the Site; (f) make any portion of the Site
available through any timesharing system, service bureau, the Internet or
any other technology now existing or later developed; (g) remove,
decompile, disassemble or reverse engineer any Site software including
computer code and meta-data; (h) use any network monitoring or discovery
software to determine the Site architecture, computer code or meta-data;
(i) use any automatic or manual process to harvest information from the
Site including computer code and meta-data; (j) use the Site to gather
information for, transmit, or unlawfully store (1) unsolicited commercial
e-mail; (2) e-mail that makes use of headers, invalid or nonexistent domain
names, or other means of deceptive addressing; (3) malicious software or
data; (4) illicit software or data; and (5) unsolicited telephone calls or
facsimile transmissions; (k) use the Site in a manner that violates any
state or federal law regulating e-mail, facsimile transmissions, telephone
solicitations or other communications; and (l) export or re-export the Site
or any portion thereof, or any software available on or through the Site,
in violation of the export control laws or regulations of the United
States.
Forms,
Agreements, Documents and other Content.
Paliwoda
PLLC may make Content available through the Site including but not limited
to sample forms, checklists, business documents and legal documents. All Content is provided on a
non-exclusive license basis only for your personal one-time use for
non-commercial purposes, without any right to re-license, sublicense,
distribute, assign or transfer such license. Content is are provided without any representations or
warranties, express or implied, as to their suitability, legal effect,
completeness, timeliness, accuracy, and/or appropriateness. Content
is PROVIDED "AS IS", "AS AVAILABLE", AND WITH
"ALL FAULTS", AND PALIWODA PLLC AND ANY PROVIDER OF CONTENT
DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Content may be inappropriate for
your particular circumstances.
State laws may also require different or additional provisions to
ensure a desired outcome in a particular situation. You should consult with legal
counsel to determine the appropriate legal or business documents necessary
for your particular transactions, as the Content provided by this Site are
only samples and may not be applicable to a particular situation.
No Legal
Advice or Attorney-Client Relationship.
The
information and articles contained in this Site are provided for general
informational purposes only, and are not intended to constitute, and should
not be construed as, legal advice on any subject matter. Therefore, you should not consider
this information to be an invitation to an attorney-client relationship,
should not rely on the information and articles provided herein as legal
advice on any subject matter for any purpose, and should always seek the
legal advice of competent counsel in your jurisdiction. Paliwoda PLLC expressly disclaims
any and all responsibility and liability with respect to actions or
omissions based on any information or articles contained in this website.
Paliwoda
PLLC does not wish to represent anyone desiring legal representation based
on viewing any material on this website in a jurisdiction where such
material does not comply with all laws and rules of professional ethics of
that jurisdiction.
Any
e-mail to this Site and any reply thereto do not, in and of themselves,
create any attorney-client relationship, and the sender must have no
expectation whatsoever of confidentiality with regard to any information
contained in his or her e-mail(s).
Do not send any information to this Site that you wish to keep
confidential.
The
information contained herein does not necessarily reflect the opinions of
clients.
Confidentiality
of Sensitive or Confidential Information.
Please
do not send confidential information related to you and/or your company
unless Paliwoda PLLC expressly authorized the submission of such
information by written authorization.
If choose to e-mail the Firm, please note that the security of
Internet e-mail is uncertain and by sending sensitive or confidential
messages through unencrypted e-mail you pose the risk of losing the
protection of confidentiality.
Please also note that if you communicate with the Firm in connection
with a matter not already represented by us, do not e-mail confidential or
sensitive information because your communication will not be treated as privileged
or confidential.
Admission to
Practice.
Any
lawyer of Paliwoda PLLC within the US is admitted to practice in the
jurisdiction in which his or her office is located. Any lawyer of Paliwoda PLLC
practices law only in jurisdictions properly authorized to do so. The Firm will not represent anyone
in any jurisdiction where the Site does not comply or is inconsistent with
the rules governing communication of legal services in a particular state.
Unless
otherwise indicated, no attorney listed in this Site is certified as an
"expert" or "specialist" pursuant to any authority governing the practice
of law in any jurisdiction in the US.
Thus, unless otherwise indicated, no attorney
listed on this Site is certified by the Texas Board of Legal Specialization
and no attorney listed on this Site certified as a specialist in any
practice area by the Tennessee Commission on the Continuing Legal Education
and Specialization.
Clients.
If you
are a Paliwoda PLLC client, nothing in this Agreement will supersede any
provision of your engagement letter or other written agreement with respect
to the attorney-client relationship.
Attorney
Advertising.
Pursuant
to the amendments to the New York Rules of Professional Conduct governing
attorney advertising in New York, as well as applicable rules and
regulations governing attorney ethics and professional conduct in
Connecticut, Michigan and the District of Columbia, this Site may
constitute advertising.
Viewers of this Site are advised the following: Prior results do not guarantee a similar
outcome.
If you
have questions, for purposes of applicable attorney advertising rules,
please contact:
Orin
Paliwoda
Paliwoda
PLLC
244
Fifth Avenue, Suite 1851
New
York, New York 10001-7604
United
States
Tel:
+1-248-885-2944
No
Representations or Warranties; Limitations on Liability.
Paliwoda PLLC makes no representations or
warranties with respect to any information, materials or graphics on this SITE,
all of which are provided on a strictly "as is" basis, without warranty of
any kind. Paliwoda PLLC hereby
expressly disclaims all warranties with regard to any information,
materials or graphics on this Site, including all implied warranties of
merchantability, fitness for a particular purpose and
non-infringement. Under no
circumstances shall Paliwoda PLLC or its attorneys or employees or
affiliates, if any, be liable under any theory of recovery, at law or in
equity, for loss, injury or any damages, including without limitation,
special, direct, incidental, consequential or punitive damages (including,
but not limited to loss or use or lost profits), arising out of or in any
manner connected with the use of information or services, or the failure to
provide information or services, from this Site. The provisions contained in this section shall apply
only to the extent permitted by law.
Indemnity.
You agree to defend, indemnify and hold harmless
Paliwoda PLLC, its affiliates and its suppliers, if any, and each of their
respective attorneys, employees, representatives and agents, if any, from
and against all claims, losses, costs, damages, liabilities and expenses
(including, but not limited to, attorney fees) arising out of (a) your
activities in connection with this website, (b) any violation of this
agreement by you, (c) any improper or unauthorized use of Content by you,
(d) any allegation that anything you transmit through or in connection with
the website infringes or otherwise violates the intellectual property,
privacy or other rights of any third party, (e) any conduct, activity or
action engaged in by you which is unlawful or illegal under any state,
federal or common law, or violative of the rights of any individual or
entity, engaged in, caused by, or facilitated in any way through the use of
services, Content or any other such service or information provided by the
Site.
Linking to the
Website.
You
may provide links to the Site only if (a) you do not remove or obscure, by
framing or otherwise, the copyright notice or other notices on the website,
(b) your website does not engage in illegal or pornographic activities, (c)
you abide by all other terms of this Agreement, and (d) you discontinue
providing links to the Site immediately upon our request.
Links to
Third-Party Website.
Paliwoda
PLLC may provide hyperlinks to third-party website(s) as a convenience to
users of this Site. Paliwoda
PLLC does not control third-party website(s) and is not responsible for and
makes no representations concerning the content of any hyperlinked third-party website or any hyperlink in a hyperlinked
site. Paliwoda PLLC does not
endorse, recommend or approve any third-party website or the contents of
any third-party website hyperlinked from this Site. Paliwoda PLLC shall have no
liability to any entity for the content or use of the content available
through such hyperlink.
Leaving the Firm's website to access any third-party website is at
your own risk.
Errors,
Corrections and Changes.
Paliwoda
PLLC does not represent or warrant that the Site will be error-free, free
of viruses or other harmful components, or that defects will be
corrected. The Firm does not
represent or warrant that the information available on or through the Site
will be correct, accurate, timely or otherwise reliable. The law is constantly changing,
different jurisdictions have different laws and regulations, and each legal
issue depends on its individual facts. Paliwoda PLLC may make changes to any part of the Site
at any time including deleting the Site entirely. Any Content including all documents and information
appearing on the Site may be edited or deleted at the Firm's sole
discretion.
Use of
Information/Privacy Policy.
Paliwoda
PLLC reserves the right, and you authorize, the use and assignment of all
information regarding Site uses by you and all information provided by you
in any manner consistent with our Privacy Policy. The Privacy Policy, as it may change from time to time,
is a part of this Agreement.
You may review this Privacy Policy by clicking on this link.
Service Marks.
"Paliwoda
PLLC" and "PALIWODA PLLC", as word or design marks, are service marks owned
by Paliwoda PLLC and protected by law. Paliwoda PLLC will vigorously protect its intellectual
property and proprietary rights from infringement and misappropriation by
any natural or non-natural person or entity.
Copyright.
Copyright
2009 Paliwoda PLLC, 244 Fifth Avenue, Suite 1851, New York, NY 10001. All rights reserved.
Unless
expressly permitted by the Firm, the use, copying, distribution or
publication of any portion of the Site or its Content is strictly
prohibited. Posting of
information or materials on the Site does not constitute a waiver of rights
to such information and materials.
Content may contain work copyrighted by third parties. Paliwoda PLLC will vigorously
protect its intellectual property and proprietary rights from infringement
and misappropriation by any natural or non-natural person or entity.
If you
believe in good faith that possible online copyright infringement occurred
involving any Firm website, please contact our Designated Agent by clicking
on this link.
Operations.
Paliwoda
PLLC operates as a New York professional limited liability company.
Paliwoda PLLC does business within the state of Connecticut as Paliwoda
PLLC, LLC, a limited liability company.
Designation.
Orin
Paliwoda, email: orin@paliwodalegal.com,
is designated as the attorney responsible for this site to the extent
required by the Bar Rules in your jurisdiction.
Governing Law.
Any
claim with respect to the terms of use, legal notice or the materials
contained on this Site shall be governed by, and construed in accordance
with, the laws in effect in the state of New York without giving effect to
the conflict of laws provisions.
Legal
Compliance.
You
agree to comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use of the Site and
Content provided therein.
Unlawful
Activity.
Paliwoda
PLLC reserves the right to investigate complaints or reported violations of
this Agreement and to take any action deemed appropriate, including but not
limited to reporting any suspected unlawful activity to law enforcement
officials, regulators, or other third parties and disclosing any
information necessary or appropriate to such persons or entities relating
to your profile, e-mail addresses, usage history, IP addresses and traffic
information.
Policies for
Children.
This
Site is not directed to individuals under the age of 13, nor does it contain
information that would be potentially harmful to minors in any way. However, the Firm advises that all
website visitors under the age of 13 not to disclose or provide any
Personally Identifiable Information.
In the event that Paliwoda PLLC discovers that a child under the age
of 13 has provided Personally Identifiable Information, such Personally
Identifiable Information shall be deleted in accordance with the Children's
Online Privacy Protection Act of 1998.
For
more information, please see the Federal Trade Commission's website for
this act:
http://www.ftc.gov/privacy/privacyinitiatives/childrens.html
Notwithstanding
the foregoing, pursuant to 47 U.S.C. Section 230(d), as amended, Paliwoda
PLLC hereby notifies you that parental control protections are commercially
available to assist you in limiting access to material that is harmful to
minors. Please contact your
Internet Service Provider for more information on the availability of such
software.
Severability.
If any
provision of this Agreement is found for any reason to be unlawful, void or
unenforceable, then that provision will be deemed severable from this
Agreement and will not affect the validity and enforceability of any
remaining provision.
Incorporation
of Privacy Policy.
Paliwoda PLLC shall use your
information only as described in the Privacy Policy, which is expressly
incorporated as terms of this Agreement. If you object to anything in the Privacy Policy, please
do not use the Firm's services. You may review this Privacy Policy by
clicking on this link.
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