terms of use

introduction

Your use of this website is subject to the following Terms and Conditions. By using this website you agree to be bound by these Terms and Conditions and all applicable laws, without limitation or qualification. In addition to these Terms and Conditions, you agree to the collection and use of your personally identifiable information as provided in our Privacy Policy and you acknowledge and agree that communications and transmissions to and from this website are not confidential.

We reserve the right to change, delete, add to, or terminate these Terms and Conditions at any time. These Terms and Conditions are effective immediately upon their posting to this website.

Unless otherwise stated, the contents of this website including, but not limited to, the text and images contained herein and their arrangement are the property of Margolin, Winer & Evens LLP (“MWE”). All trademarks used or referred to in this website are the property of their respective owners.

Nothing contained in this website shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of MWE or any third party.

copyright

All material on this website, whether explicitly marked or not, is copyrighted by MWE.

All content included on this website, including but not limited to, text, graphics and images, is, unless otherwise noted, copyrighted under United States law and protected by worldwide copyright laws and treaty provisions. The compilation (meaning the collection, arrangement and assembly) of all content on this website is the exclusive property of MWE and protected by United States and international copyright laws. Except as expressly stated in these Terms and Conditions, no use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this website is permitted without MWE’s written permission. You also may not, without MWE’s prior express written permission, “mirror” any material contained on this website on any other server.

Guests and clients may download copyrighted material from MWE for their personal, noncommercial use. Subsequent copying, redistribution, or publishing of copyrighted material requires permission from us or from the copyright owner. Removal of trademark or copyright notices from any content is strictly prohibited.

If you violate any of these Terms and Conditions, your permission to use the material on this website will automatically terminate, and you must immediately destroy any copies you have made of any portion of such material.

Any unauthorized use of any materials contained on this website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

trademarks

“Margolin, Winer & Evens” and the MWE logo are trademarks of Margolin, Winer & Evens LLP. These and all other trademarks, trade names, brand names, and service marks (referred to as the “Marks”) of MWE, whether registered or unregistered, are the property of MWE and are protected by United States trademark laws and the trademark laws of other countries, including international treaties. These Marks may not be used in connection with any product or service that is not MWE’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MWE. These Marks may not be used in any manner not expressly authorized by the MWE.

no client relationship

The information provided on this website is free of charge and for informational purposes only and does not create a client, advisory, business, fiduciary or professional relationship between you and MWE. You should consult with MWE or other professional advisors who are familiar with your specific facts and circumstances for advice before making any decision.

applicable law

Unless otherwise specified, the materials on this website are presented solely for the purpose of promoting products and services available in the United States and its territories, possessions, and protectorates. We make no representation that materials on this website are appropriate or available for use in any particular location. Those who choose to access this website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws or conflicts of law are applicable.

MWE maintains this website in the State of New York, U.S.A. and you agree that these terms of use and any legal action or proceeding relating to this website shall be governed by the laws of the State of New York without reference to its choice of law rules.

If you attempt to bring any legal proceedings against MWE you specifically acknowledge that MWE is free to choose the jurisdiction of our preference as to where such action against us may be held. As you have agreed by using this website to choose the laws of the State of New York to govern any such proceedings, we will probably choose to defend any such action in New York and we can make this decision entirely as it suits us, without regard to where in the world you are located, or from where in the world you visited this website.

You are responsible for complying with the laws of the jurisdiction from which you are accessing this website and you agree that you will not access or use the information on this website in violation of such laws. Unless expressly stated otherwise herein, any information submitted by you through this website shall be deemed non-confidential and non-proprietary. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. Because of the open nature of the Internet, we recommend that you not submit information you consider confidential.

If any part of these terms and conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions.

The failure of MWE to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.

disclaimer

Your use of this website is at your own risk. You acknowledge and agree that you have accessed this website at your own initiative and are responsible for compliance with local laws at your location.

This website and its contents are provided “AS IS” and MWE makes no representation or warranty of any kind with respect to this website or any website or service accessible through this website. MWE disclaims all express and implied warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

MWE does not make any warranty or representation as to accuracy, reliability, completeness, timeliness, or content of the material on this website. MWE does not warrant that the functions contained in the materials on this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the servers that make such materials available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the materials on this website in terms of their correctness, accuracy, reliability, or otherwise.

MWE is not responsible for any content distributed by you through this website or associated services. No advice or information, whether oral or written, obtained by you through this website shall create any warranty not expressly stated in these terms and conditions.

MWE may provide links to other sites that are not maintained by MWE. MWE does not monitor or endorse these sites nor does it make any representations or warranties with respect thereto. We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to the mwellp.com website. We do not make any representations or warranties as to the security of any information you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

limitation of liability

In no event will MWE or any of its partners, principals, members, directors, officers, or employees, or any of its third party suppliers be liable to any party for any direct, indirect, incidental, special, exemplary, consequential, punitive, or other damages (including, but not limited to, lost profits, business interruption, loss of programs or data) even if we or any other party have been advised on the possibility thereof, without regard to the form of action and whether in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with this website the delay or inability to use this website, any content on or accessed through this website or any website service linked to, or any copying, displaying, or use thereof. If you are dissatisfied with any portion of this website or with any of these terms of use, your sole and exclusive remedy is to discontinue using this website.

indemnification

You agree to defend, indemnify, and hold MWE, its partners, principals, members, officers, directors, employees, agents, licensors, suppliers, and affiliates harmless from and against any claims, actions, or demands, liabilities, and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, or directly relate to your wrongful or unlawful use of this website or your violation of these Terms and Conditions.

links

Linking To The MWE Website
You are not permitted to create a hypertext link to any page or portion of this website or frame any page or portion of this website without the permission of MWE.

We reserve the right to disable links from third-party sites to this website.

links to other sites

The MWE website may provide links to other Internet sites or resources. These links are provided for your convenience only and your use of these links is at your own risk.

The inclusion of any link to such sites does not imply endorsement by MWE of these sites. Any use you make of the information provided on this website, or any website or service linked to by this website, is at your own risk. Because MWE has no control over such sites and resources, you acknowledge and agree that MWE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

No judgment or warranty is made with respect to such other services or sites and MWE takes no responsibility for such other sites or services. MWE will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.

unsolicited communications

By posting unsolicited messages, sending unsolicited e-mail or engaging in other unsolicited communication to this website, you grant MWE a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use, download, copy, reproduce, modify, distribute, publish, transmit, transfer, sell, license, display, perform, adapt and otherwise exploit any and all information in such unsolicited communication in all media now known or hereafter devised. You waive all rights to any claim against MWE for any alleged or actual infringement of any proprietary, privacy, publicity, moral or attribution rights in connection with such unsolicited communication.

security

While MWE strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.

unlawful and prohibited use

As a condition of your use of this website, you agree that you will not use this website for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use this website in any manner that could damage, disable, overburden, or impair any MWE server, or the network(s) connected to any MWE server, or interfere with any other party’s use of this website.

We reserve the right to suspend or revoke a user’s right to access the website if we determine that a user has violated these Terms and Conditions.

You warrant to MWE that you will not attempt to gain unauthorized access to any services offered by MWE or computer systems or networks connected to any MWE server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by MWE.

When using the website and accessing the services available on the website (referred to as “the Services”) you agree not to: Use any MWE domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service.

Pretend to be someone else or spoof their identity when using the Services.

Use the Services in any way for spamming or to transmit chain letters, junk email or bulk communications or for transmitting any material that is objectionable.

Transmit unsolicited or bulk communications to any MWE account holder or to any mwellp.com or affiliated email address (regardless of whether you use the Services to transmit any such communication).

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.

Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.

Restrict or inhibit any other user from using this website and its Services.

You agree that MWE would be irreparably harmed by the use, by you or others, of MWE’s Services or facilities in connection with the transmission of spam newsgroup postings or unsolicited email in violation of these Terms and Conditions and that MWE is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). MWE reserves the right to block, filter or delete unsolicited email.

modifications and monitoring

MWE may discontinue, add to, or modify all aspects of this website and/or the Services in its sole discretion and without notice, and MWE reserves the right to do so.

MWE has no obligation to monitor the Services offered in this website or any use thereof or to retain the content of any user session. However, MWE reserves the right to monitor, review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, or government request, or to cooperate with law enforcement and other authorities in investigating a claim of illegal activity.

restrictions on use of materials

This website and the content provided in this website, including, but not limited to, graphic images, audio, video, html code, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of MWE, except that you may download, display, and print one copy of the materials on any single computer solely for your personal, non-commercial use.

You may only download and retain a single copy of the information on this website for your own personal use as long as you (i) keep intact all copyright and other proprietary notices, (ii) make no modifications to the materials, (iii) do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) do not download quantities of materials to a database that can be used to avoid future downloads from this website.

You may not download, copy, reproduce, modify, distribute, publish, transmit, transfer, sell, license, display, perform or adapt any information, products or services obtained from this website except as expressly provided herein.

termination

MWE may terminate your right to use this website without cause at any time and effective immediately. In addition, MWE, in its sole discretion may terminate your right to use this website immediately and without notice for violation of any part of these Terms and Conditions. In the event of any such termination, the restrictions on your use of the material on this website (as set forth in the paragraph entitled “Restrictions On Use of Materials”) shall survive such termination, and you agree to be bound by those terms.

contact us

If you have any questions regarding the use of this website or its material please e-mail MWE at tstrassberg@mwellp.com. Any such communication will be considered non-confidential by MWE.