Turinas & Bird LLC Terms and Conditions
Last Updated: June 10, 2015
These Terms of Use and our Privacy Policy (the “Privacy Policy”) set forth the conditions under which you may access and use this website (the “Site”). By accessing and using the Site, you agree to be bound by our Terms of Use and our Privacy Policy then in effect and by all applicable law. If you do not agree with any of the Terms of Use or our Privacy Policy, you should not access or use the Site for any purpose. We reserve the right to terminate or limit your access to the Site for any violation of the Terms of Use or our Privacy Policy, or for any other reason, in our sole discretion. We may make changes to these Terms of Use from time to time and will notify you by posting a revised version on this Site.
Attorney Advertising
Some of the content of the Site may be considered advertising material under the applicable rules of certain states. Prior results described herein do not guarantee a similar outcome.
Disclaimers
No Legal Advice or Attorney-Client Relationship: The content and materials available through this Site are provided for informational purposes only. This information is not intended to and does not constitute legal advice, and does not create an attorney-client relationship between you and Turinas & Bird LLC. You should not act upon this information without seeking advice from an attorney familiar with your circumstances and licensed in your own state or country. We are unable to represent you until we know that such representation will not create a conflict of interest. The only way to become our client is through a mutual agreement in writing. If you are interested in asking us to represent you, please call us, email us, or otherwise contact us so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. Accordingly, do not send us any confidential information until you speak with one of our attorneys and receive our authorization to send that information to us.
Third-Party Sites: Turinas & Bird LLC does not control, endorse, or sponsor any hyperlinks from this Site to other websites, and has not reviewed and does not accept responsibility for their contents.
Other Disclaimers:
THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS AND TURINAS & BIRD LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF OTHER TERMS HEREIN, TURINAS & BIRD LLC ALSO DISCLAIMS ALL WARRANTIES, RESPONSIBILITY AND LIABILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN OUR SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREIN, (C) THE UNAVAILABILITY OF THE SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THE SITE, (F) VIRUSES OR OTHER DAMAGING FACTORS, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE.
Blog: Turinas & Bird LLC periodically publishes blog posts. By accessing those posts, you agree and understand that it is not a substitute for professional legal advice and does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forgo representation adverse to your interests. Seek the advice of a licensed attorney in the appropriate jurisdiction before taking any action that may affect your rights. If you believe you have a claim against someone, consult an attorney immediately, otherwise there is a risk that the time allotted to bring your claim may expire. Turinas & Bird LLC expressly disclaims any and all liability to any persons with respect to actions they take or do not take based on its contents.
At the time you read it, our blog posts may not reflect the most current legal developments and is not guaranteed to be correct, complete or up-to-date at all times. Our blogs contain the personal views of the authors only, unless otherwise attributed.
Limitation of Liability
Although we try to provide accurate and complete information, we make no commitment or express or implied warranty that the factual, legal, or any other information contained on our Site, or on any linked website is accurate, complete, error-free, or current. Your use of this Site is at your own risk. Turinas & Bird LLC is not and will not be liable for any damages, including but not limited to any direct, indirect, incidental, special, reliance, or consequential damages of any kind whatsoever (including, without limitation attorneys’ fees, lost profits, savings, or data), in any way due to, resulting from or arising in connection with this Site, including the content and your use thereof, regardless of any negligence or fault of Turinas & Bird LLC, and whether or not apprised of the possibility of such damages. In no event will the aggregate liability of Turinas & Bird LLC related to your use of the Site be greater than $100.00
Indemnity
You agree to indemnify and hold harmless Turinas & Bird LLC from any losses, damages, claims, or liabilities of any nature, including reasonable attorneys’ fees, arising from your use of the Site, or your breach of the terms hereof. The indemnity does not apply to events arising directly from a client-lawyer relationship, if any, that may be entered between you and Turinas & Bird LLC on the terms described herein.
Limited License and Right to Use the Site and Content
You are hereby granted a nonexclusive, nontransferable, limited license to view and use information from the Site (i) solely for your personal, informational, non-commercial purposes, (ii) on the terms herein, (iii) provided that you do not modify or alter the content in any way, and (iv) provided that you do not delete or change any copyright or trademark notice.
Except as expressly provided herein, no part of this Site, including but not limited to materials retrieved and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.
In addition, you may only use the Site if you agree not to take any action that might (i) interfere with its proper working, (ii) compromise its security, (iii) render it or its features inaccessible to others, (v) cause other damage to the Site or any content, or (iv) launch any automated system, including without limitation, any “robot,” “spider,” or “offline reader” that sends more requests to its server in a given period of time than a human can reasonably generate using a conventional web browser.
Ethical Requirements
It is the intention of Turinas & Birdd LLC to fully comply with all legal and ethical requirements related to the Site. To the extent that the professional responsibility requirements of any jurisdiction require us to designate a principal office or an attorney responsible for this Site, Turinas & Bird designates its office located at 347 Fifth Avenue; Suite 1402 New York, NY 10016 (USA).
Capacity to Accept Terms of Use
In accessing or using the Site, you affirm that you (i) are more than 18 years old, or an emancipated minor, or possess legal parental or guardian consent, (ii) are fully able and competent to understand and enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use and our Privacy Policy, and (iii) agree to comply with these Terms of Use and our Privacy Policy. In any case, you acknowledge that this Site are not intended for children under the age of 13, and affirm that you are more than 13 years old. Please do not use this Site if you are under 13, and talk to your parents or guardian about which websites you can visit.
Entire Agreement; Severability; No Waiver
These Terms of Use incorporate by reference any notices contained on this Site and, with our Privacy Policy and any end-user license agreements, constitute the entire agreement regarding your access to and use of this Site. If any provision of these Terms of Use or our Privacy Policy is unlawful, void or unenforceable, that provision will be severable from the remaining provisions and will not affect their validity and enforceability. Turinas & Bird’s failure to enforce any provision on any occasion is not and should not be construed as a waiver of such provision.
Governing Law; Jurisdiction
These Terms of Use and our Privacy Policy are to be governed by and construed in accord with the laws of the State of New York, USA, without regard to choice of law principles, and U.S. federal and state courts located in the State of New York, USA, are the exclusive forum and have sole jurisdiction for any dispute.
Rules of Conduct
While using the Site you agree to comply with all applicable laws, rules, and regulations. You further agree that you will not:
Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available.
- Transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse, spyware, or other computer code, file, or program that is harmful or invasive or that is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
- Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
- Remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.
- Use the information contained therein, or any trademarks, trade names, service marks, copyrights, or logos of Turinas & Bird LLC, in unsolicited mailings or spam material.
Intellectual Property and Copyright Notice
The firm claims a copyright in all proprietary and copyrightable text, images, graphics, and computer code on this Site, the overall design of this Site, and the selection, arrangement and presentation of all materials on this Site, including information in the public domain. If you would like to file a notification for copyright infringement pursuant to the Digital Millennium Copyright Act regarding any content or material available on this Site, please contact us at the contact information provided below.
Contact Information
Should you have any questions, complaints, or concerns regarding this Site, please send us an email at development@turinasbird.com; write to us at Turinas & Bird, 171 West 79th Street, Suite 151, New York, NY 10016 (USA); or call us at (646) 475-3523.