Santarlas Law LLC

WEBSITE TERMS OF USE

Effective: July 14, 2017

 

Welcome to the www.SantarlasLaw.com website (the “Site”). These Terms of Use (“Terms of Use” or “Agreement”) shall serve as an agreement that sets forth the terms and conditions that will govern your use of the Site offered by Santarlas Law LLC (“Santarlas Law,” “we,” “us” or “our”).

Binding Agreement

By accessing all or any part of this Site, or the services offered on the Site, you agree to be bound by these Terms of Use and the Privacy Policy posted on this Site.  IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE AND THE PRIVACY POLICY YOU SHOULD NOT ACCESS OR VIEW THIS SITE.  

Use Prohibited by Users Under 18

THIS SITE IS INTENDED ONLY FOR USERS THAT ARE AT LEAST 18 YEARS OLD AND BY ACCESSING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD.

Use of the Site by Residents Outside of the United States

We make no representations that content and materials (licensed or otherwise) on the Site are legal or appropriate for use from outside the United States nor do we represent that our Privacy Policy is consistent with requirements outside the United States. IF YOU CHOOSE TO ACCESS THE SITE FROM LOCATIONS OUTSIDE THE UNITED STATES, YOU DO SO AT YOUR OWN RISK and are responsible for compliance with any and all local laws. You may not use the Site in violation of U.S. export laws and regulations.  

Purpose of the Site; Legal Disclaimer

The purpose of this Site is to provide information about Santarlas Law’s qualifications and experience. Information provided on the Site does not constitute a solicitation or legal advice. You should not rely on the information provided on this Site as a source of legal advice. Any information provided concerning potential legal issues is not a substitute for you obtaining legal advice from qualified counsel. Therefore, users should not take or refrain from taking any action based on any information contained on this Site.

In addition, any prior results described on this Site do not guarantee a similar outcome. The information provided on this Site may not reflect the most current legal developments. Santarlas Law does not have an obligation to update this Site.

Sending email or other correspondence to Santarlas Law or to any of its attorneys will not create any attorney-client relationship or obligate Santarlas Law to represent you. If you are not currently a client of Santarlas Law, your communications to Santarlas Law ARE NOT privileged and may be disclosed to other persons. Therefore, do not send any confidential information to Santarlas Law unless you have formally established an attorney-client relationship by entering into a written and signed engagement agreement.

User Conduct

You hereby acknowledge and agree that You will not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You will not attack our Site via a denial-of-service attack or a distributed denial-of-service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach your right to use our Site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site.

You will comply with all laws that apply or may apply to your use of the Site and any rules for conduct on the Site or use of specific features and/or services offered hereon that may be posted on the Site, whether in these Terms of Use or otherwise, from time to time.

We reserve the right to terminate access to any user who does not abide by this Agreement.  Your privilege to use or access the Site may be terminated by us immediately and without notice if you fail to comply with any provision of this Agreement, or otherwise.  Upon such termination, you must immediately cease accessing or using the Site.  Furthermore, you acknowledge that we reserve the right to take action – technical, legal or otherwise – to block or deny you from accessing the Site.  You understand that we may exercise this right in its sole discretion.

Third Party Content on the Site

We are a distributor and not a publisher of the content supplied by third parties on the Site. The Third Party Content available through the Site represents the opinions and judgments of the respective party, whether or not under contract with us. We neither endorse nor are we responsible for the accuracy or reliability of any opinion, advice, submission, posting, or statement made on the Site by anyone other than by Santarlas Law. Under no circumstances shall we, or our affiliates or our or our affiliates’ officers, directors, members, managers, employees, personnel, agents, representatives, information providers, subcontractors or licensors, be liable for any loss or damage caused by your reliance on any Third Party Content or other information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other Third Party Content available through the Site, and use of and reliance on same is solely at your own risk.

Santarlas Law’s Rights

We may disclose any of your submissions or electronic communications of any kind and any information you provide to us or our affiliates through the Site, or otherwise: (i) when we believe disclosure to be appropriate to comply with any law, regulation, or government or law enforcement request or to comply with judicial process; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property, other users of the Site, and/or our affiliates. For more information on how we protect and use your personally-identifiable information in connection with the Site, please see our Privacy Policy.

Copyright and Trademarks

©2017 Santarlas Law, LLC. ALL RIGHTS RESERVED.  Text, graphics and HTML code are protected by U.S. and international copyright laws, where applicable.

SANTARLAS LAW, PROTECTING INGENUITY, and all trademarks, service marks, logos, trade dress and trade names (collectively, the “Marks”), including but not limited to those Marks displayed or used on the Site, whether or not in large print or with the trademark symbol, are registered or common law trademarks of Santarlas Law, and are protected under federal and international trademark laws. Nothing contained on the Site or in these Terms of Use grants you any right to use, misuse, copy, reproduce, download, transmit, modify or distribute any of the Marks without the prior written permission of Santarlas Law or that of the respective owner(s). Santarlas Law reserves the right to protect its Marks to the fullest extent of the law if prior written permission is not obtained. Nothing contained in the Site or this Terms of Use grants any right to use any of the Marks without our prior written permission or that of the respective owner(s).

Moreover, our Marks may not be used in connection with any product or service in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us. All other trademarks, service marks, logos, trade dress and trade names not owned by us that appear on this Site are the property of their respective owner(s), who may or may not be affiliated with, connected to, or sponsored by us.

All information, content, and data including, without limitation, Marks, designs, photographs, text, graphics and pictures, and their format, arrangement and selection (collectively, the Site Content”) on the Site is owned by Santarlas Law and its third party providers, with all rights reserved. Santarlas Law and its third party providers retain all copyright, intellectual property rights and other proprietary rights to the Site Content. The Site Content may not be reproduced, transmitted or distributed without entering into an agreement with Santarlas Law or obtaining Santarlas Law’s express written permission. Any use of any Site Content or the materials on the Site may violate copyright, trademark and other laws.  You may not republish or distribute in any manner the Site Content on any medium or in any manner and may not incorporate the Site Content or any components of the Site Content into any aggregated data, any compilation or any database.

Licenses and Permissions 

Notwithstanding the foregoing Section, we grant you a limited license and permission to access and make personal use of the Site but not to download any portion of it for any commercial purpose or to modify any portion of the Site.  Except as explicitly provided in these Terms of Use, you agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content of any portion of the Site for any commercial purpose. You may display and occasionally print a single copy of pages of the Site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on the Site without our prior written or e-mailed consent, which may be withheld in our sole discretion.  

Disclaimer of Warranties and Limitation of Liability

THE SITE AND THE SITE CONTENT ARE PROVIDED “AS IS” AND CARRIES NO WARRANTIES OF ANY KIND. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF OUR SITE AND THE SITE CONTENT IS AT YOUR SOLE RISK.

SANTARLAS LAW MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, RELIABILITY COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, QUALITY OF ANY SERVICES OR CONTENT, ON THE SITE, TIMELINESS OF THE SITE OR THE RESULTS TO BE OBTAINED FROM USING THE SITE, AND THE SITE CONTENT. SANTARLAS LAW DOES NOT WARRANT THAT THE SITE OR THE SERVICES ON THE SITE ARE SECURE AND FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS OR OTHER LIMITATIONS.

TO THE FULLEST EXTENT ALLOWED BY LAW, SANTARLAS LAW AND ITS MEMBERS, DIRECTORS, MANAGERS, PERSONNEL, INDEPENDENT CONTRACTORS, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, SUBCONTRACTORS, AFFILIATES OR LICENSEES HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, AND THE SITE CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 

IN NO EVENT SHALL SANTARLAS LAW OR ANY OF ITS MEMBERS, DIRECTORS,  MANAGERS, PERSONNEL, INDEPDENT CONTRACTORS, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, SUBCONTRACTORS, AFFILIATES OR LICENSEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO, LIABILITY FOR LOSS OF PROFITS, DATA, CONTENT, REPUTATION OR GOODWILL), WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SITE CONTENT.  IN THE EVENT THAT SANTARLAS LAW AND/OR ANY OF ITS MEMBERS, DIRECTORS, MANAGERS, PERSONNEL, INDEPENDENT CONTRACTORS, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, SUBCONTRACTORS, AFFILIATES OR LICENSEES ARE DETERMINED TO HAVE ANY LIABILITY WITH RESPECT TO THE SITE OR THE SITE CONTENT, IN NO EVENT SHALL SANTARLAS LAW’S AND ITS MEMBERS, DIRECTORS, MANAGERS, PERSONNEL, INDEPENDENT CONTRACTORS, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, SUBCONTRACTORS, AFFILIATES OR LICENSEES’ AGGREGATE LIABILITY TO ANY SITE USER EXCEED TEN DOLLARS ($10.00). 

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHER, SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF WARRANTIES; SO IF AND TO THE EXTENT PROHIBITED BY APPLICABLE LAW, SUCH DISCLAIMER SHALL NOT APPLY TO YOU.

Links Within the Site

Any and all links to other web sites contained in the Site are provided for the convenience of those who wish to access other web sites quickly and efficiently. Santarlas Law is not responsible for and does not endorse or make any representations whatsoever regarding the materials provided on any other web sites or providers of any information contained on any such web sites. You acknowledge and agree that your use of any web site accessed from the Site, or the reliance on any information or services contained therein, is solely at your own risk. You should review the Terms and Conditions and Privacy Policies of those web sites. 

Links to the Site

Creating or maintaining any link from another site to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another site without our prior written permission is prohibited. Any permitted links to this Site must comply with all applicable laws, rule and regulations.

Indemnity

You agree to indemnify and hold harmless Santarlas Law, and its members, directors, managers,  personnel, independent contractors, agents, representatives, information providers, subcontractors, affiliates and licensees now or in the future (individually and collectively, the “Indemnified Parties”) from and against any and all liabilities, damages, costs, losses, claims, demands and expenses (including reasonable attorney’s fees) that the Indemnified Parties may incur arising out of or relating to: (i) the breach of any of your representations and warranties contained in this Agreement, our Privacy Policy or any other term or condition contained on the Site or in connection with the services offered on the Site and/or (ii) any misuse of the Site or the services provided on the Site by you.

Arbitration

Any dispute, claim or controversy that you and Santarlas Law are unable to resolve, to the maximum extent allowed by applicable law, will be submitted to and finally resolved by binding arbitration.  Either party may file a written demand for arbitration with the American Arbitration Association and will send a copy of the demand for arbitration to the other party.  The arbitration will be conducted pursuant to the terms of the Commercial Arbitration Rules of the American Arbitration Association.  The venue for the arbitration will be in Essex County in the State of New Jersey. The arbitration will be conducted before three (3) arbitrators selected through the American Arbitration Association’s arbitrator selection procedures.  The decision of the arbitrators will be final, binding and conclusive upon the parties.  Each party will have the right to have the decision enforced by the federal or state courts sitting in Essex County in the State of New Jersey, to which exclusive jurisdiction the parties agree to submit. If any of the provisions of this Agreement are held to be unenforceable or invalid by any tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions will not be affected, provided that the essential understanding of the parties hereto is not lost thereby.

General

These Terms of Use and the Privacy Policy constitute the entire agreement between you and Santarlas Law regarding the Site and the Site Content. If any provision of this Terms of Use is deemed invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.  Santarlas Law’s failure to enforce any right or provision shall not be deemed a waiver of such right or provision.  Headings are for convenience only and should not be given any interpretative effect.

Please also read our Privacy Policy.

Changes to our Terms of Use

We may update our Terms of Use from time to time.  If we make any changes, we will post the new Terms of Use to our Site after we make the change.

The date the Terms of Use was last revised is identified at the top of the page.  You are responsible for visiting the Terms of Use to check for any changes each time you access or use the Site.

Notices; Contact Information

The Site is operated by Santarlas Law, LLC, 641 Shunpike Road, #125, Chatham, NJ 07928. All questions regarding the Site, these Terms of Use or our Privacy Policy shall be directed to our Managing Partner, Rachel Santarlas, Esq., by email at: info@santarlaslaw.com, by calling: 973-355-6585, or by writing to Ms. Santarlas at the above-referenced mailing address.