Terms of Service
Weiner Brodsky Kider PC (the “Firm”) provides and permits use of this website (“Website”) solely subject to the following terms of service (“Terms”), which may be updated by the Firm from time to time without prior notice.
Each use of this Website constitutes the user’s specific agreement to the then-current Terms. Each such use is an acknowledgement that these Terms have been read and accepted.
The Firm is a law firm, a professional corporation incorporated under the laws of the District of Columbia. (Except as specified to the contrary herein, the term “Firm” as used below also includes the firm’s owners, members, employees, personnel and agents.)
The materials on this Website are for general information purposes only and is not in any way intended, nor shall they be construed, as legal advice, legal opinion or any other advice on any specific facts or circumstances. No person or entity (“Person”) should act or refrain from acting upon this information without seeking professional advice. No Person may rely on this information or its applicability to any specific circumstances. The information on this Website is in no instance to be taken as an indication of completeness, applicability to a particular situation, or an indication of future developments or results. No warranties, representations, or claims of any kind are made concerning the information available from, or the operation of, this Website. Any and all liability respecting the consequences of any action taken or not taken by any Person in connection with any information related to this Website is hereby expressly and entirely disclaimed.
No Attorney-Client Relationship
Any Person contacting the Firm using any facility provided over or through this Website, and any Person who does not have an attorney-client relationship in accordance with the procedures described below (including a duly executed retainer agreement with the law firm), is advised not to send any confidential, privileged or sensitive information to the Firm. Use of this Website does not give rise to any attorney-client relationship or privilege. The Firm accepts no liability for any information sent to the Firm absent an attorney-client relationship, or for any declining or failure to respond to any communication over or through this Website.
This Website is not an offer to represent any Person. No use of any portion of, nor any communication or transmission of information to or from, this Website shall be deemed to give rise to an attorney-client relationship. No attorney-client relationship can exist between any Person and the Firm unless and until: (a) such Person has expressly requested representation by the Firm; (b) the Firm has checked and cleared potential conflicts of interest; and (c) the Person has entered a written agreement with the Firm setting forth the terms of the representation.
Any Person with a specific legal question, or seeking representation in any legal matter, is asked to call the Firm at one of the phone numbers listed on this Website.
Website Provided AS-IS, WHERE IS and AS AVAILABLE
Each user of this Website acknowledges, understands and agrees that:
THIS WEBSITE IS PROVIDED BY THE FIRM, AND IS HEREBY ACCEPTED BY EACH PERSON USING THE SITE, IN “AS-IS,” “WHERE-IS” AND “AS AVAILABLE” CONDITION. THE FIRM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN ANY WAY RELATED TO OR REGARDING THIS WEBSITE, OR THE USE THEREOF, UNLESS OTHERWISE EXPRESSLY STATED TO THE CONTRARY HEREIN. THE REPRESENTATIONS AND WARRANTIES OF THE FIRM EXPRESSLY PROVIDED FOR HEREIN, IF ANY, ARE THE SOLE AND EXCLUSIVE REPRESENTATIONS AND WARRANTIES OF THE FIRM IN CONNECTION WITH THIS WEBSITE, AND THE USER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, ARE SPECIFICALLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND UNLESS AS EXPRESSLY PROVIDED TO THE CONTRARY HEREIN, THE FIRM DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE FIRM MAKES NO WARRANTY THAT (i) THIS WEBSITE OR ANY INFORMATION OR SERVICE PROVIDED ON OR OVER OR ACCESSIBLE THROUGH, THIS WEBSITE WILL MEET ANY PERSON’S REQUIREMENTS; (ii) THIS WEBSITE OR ANY SUCH INFORMATION SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE OR ANY SUCH SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY ANY PERSON THROUGH THIS WEBSITE OR THAT ANY SUCH INFORMATION OR SERVICE WILL MEET ANY PERSON’S NEEDS OR EXPECTATIONS; (v) ANY ERRORS IN THIS WEBSITE WILL BE CORRECTED; OR (vi) THAT THIS WEBSITE, OR ANY SUCH INFORMATION OR SERVICE IS FREE OF VIRUSES OR OTHER MALICIOUS DATA OR PROGRAMS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS WEBSITE OR ANY SERVICE PROVIDED ON OR OVER THIS WEBSITE IS ACCESSED AT THE USER’S OWN DISCRETION AND RISK, AND EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING IN CONNECTION THEREWITH, INCLUDING WITHOUT LIMITATION, ANY DAMAGE TO ANY COMPUTER SYSTEM USED BY SUCH PERSON OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BY ACCESSING THIS WEBSITE, THE USER ASSUMES ALL RISKS OF LOSS THAT MAY OCCUR IN CONNECTION WITH SUCH USE, ABSENT GROSS NEGLIGENCE OR WILLFULNESS ON THE PART OF THE FIRM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY PERSON FROM THIS WEBSITE OR ANY SERVICE PROVIDED ON OR OVER THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Third Party Information
This Website may provide links to a variety of other Internet resources and may provide access to third-party information. The Firm is not responsible for any third party content, products or services that may be accessed through or on the Website. The availability of links on this Website to such third party content, products or services do not in any way constitute referrals to, or endorsements of, the linked entities or the content, products or services of such Persons. Without the Firm’s prior written consent, no Person is permitted to link material on this Website with any other website, or associate or frame material on this Website with any other site or materials.
User Representations and Warranties
User expressly represents and warrants to the Firm that user will not at any time:
1. Upload, post, email, transmit or otherwise make available (together, “Transmit”) any content or information that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. Transmit any content or information that the user does not have a right to make available under any law or under contractual or fiduciary relationships (such as without limitation inside information, or proprietary or confidential information);
3. Transmit any content or information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any Person;
4. Transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
5. Transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, telecommunications or other equipment;
6. Impersonate any Person, including, but not limited to, any owner, member, employee, personnel or agent of the Firm, or falsely state or otherwise misrepresent any affiliation with any Person;
7. Manipulate identifiers or other content or information in any way to disguise the origin of any content or information in any way related to the Website;
8. Disrupt or interfere in any manner with any function on, or related to, the Website, the service or servers or networks connected to the Website;
9. Disobey any requirements, procedures, policies or regulations of networks connected to the Website;
10. Intentionally or unintentionally violate any applicable international, federal, state or local law, regulation, order, requirement or provision (together, “Applicable Law”);
11. “Stalk” or otherwise harass any Person, or engage in any similar activities; or
12. Collect or store personal data about any other Person using or referenced on this Website for any of the above purposes.
User Contributions to the Firm
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to the Firm through suggestion or feedback, the user acknowledges and agrees that: (a) such Contributions do not contain confidential or proprietary information; (b) the Firm is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) the Firm shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) the Firm may have something similar to the Contributions already under consideration or in development; (e) the user’s Contributions automatically become the property of the Firm without any obligation of the Firm to the user; and (f) the user is not entitled to any compensation or reimbursement of any kind from the Firm under any circumstances.
Changes in Service or the Website
The Firm reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, this Website or any service provided on or over this Website (or any part thereof) with or without notice. The user agrees that the Firm shall not be liable to the user or any third party for any modification, suspension or discontinuance of this Website or any such service.
Limitation of Liability
To the maximum extent permitted under Applicable Law, neither the Firm, nor any contributor to this Website, shall be liable for any loss or injury, or any damages, whether direct, special, indirect, punitive, incidental, exemplary, consequential, or otherwise, whether based on breach of contract, tort (including negligence), product liability or otherwise, resulting from or occasioned by any Person’s access to or use of this Website or any information received on or over this Website.
Each Person using this Website agrees not to use this Website, or any information on the Website, for any unlawful purpose or any purpose prohibited by these Terms. Each Person using this Website agrees to indemnify, defend and hold harmless the Firm from any and all liability, loss, claim and expense (including reasonable attorneys’ fees) related to any violation of these Terms.
The attorneys resident in all offices, unless otherwise indicated, are not licensed to practice law in Texas, or certified by the Texas Board of Legal Specialization.
The attorney responsible for this website is Mitchel H. Kider, resident in our Washington, D.C. office.
Each Person using this Website agrees to be bound by the Firm’s Privacy and Security Policy, including the transfer of information to third parties in the United States and other countries for storage, processing and use.
Any and all disputes arising out of or in connection with, or in any way related to, the entering into or interpretation of these Terms, or the use of this Website, shall be settled through final and binding arbitration by a single arbitrator in accordance with the then-current rules for commercial arbitration issued by the American Arbitration Association (“AAA”). Unless otherwise agreed to by the parties, the arbitration will be conducted by the AAA. The forum for such arbitration shall be Washington, DC.
Location of Website
The host server for this Website is located in Washington, D.C. The parties acknowledge and agree that they are entering into these Terms for all purposes in Washington, DC.
If any of these Terms is or becomes illegal, invalid or unenforceable in any jurisdiction, such illegality, invalidity or unenforceability shall not affect: (a) the legality, validity or enforceability in that jurisdiction of any other part or provision of these Terms or (b) the legality, validity or enforceability in other jurisdictions of that part or provision of these Terms or any other part or provision of these Terms.
The Firm May Change Terms
The Firm reserves the right to vary or amend any and all Terms (and any other terms applicable to any use of this Website, including without limitation the Privacy and Security Policy and Copyright and Trademark Notice) from time to time without prior notice. Any changes shall take effect upon posting.
No Third Party Beneficiaries
The parties agree that, unless otherwise expressly provided in these Terms, there shall be no third-party beneficiaries.
These Terms constitute the entire agreement between the parties and govern the use of this Website and any service provided on or over this Website, superseding any prior agreements between the parties with respect thereto.
Choice of Law and Forum
These Terms and the relationship between each user and the Firm shall be governed by the arbitration provisions hereof, and the laws of the United States of America and the District of Columbia without regard to conflict of law provisions. In the event any matter is properly brought in a court, the parties agree to submit to the personal and exclusive jurisdiction of the courts located within the District of Columbia.
The failure of any party to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Statute of Limitations
To the maximum extent permissible under Applicable Law, the parties agree that 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 service provided over or on this Website must be filed within one year after such claim or cause of action arose or such claim or cause of action shall be forever barred.
IRS Circular 230 Disclosure
Any federal tax advice contained on this Website, or any information or service provided through this Website, is not intended or written to be used, and it cannot be used, by any Person for the purpose of (i) avoiding any penalty that may be imposed by the Internal Revenue Service or (ii) promoting, marketing or recommending to another Person any transaction or matter addressed.
Copyright and Trademark Notice
The Firm is, unless otherwise stated, the owner or licensee of all rights in this Website and its contents, software, databases and services. The materials contained on this Website are protected by the copyright and trademark laws and other laws of the United States and other countries. No Person using this Website shall have any right, title, or interest in such contents, software, databases or services not previously expressly granted in writing to such user by the Firm or the Firm’s licensor.
User agrees that no materials from this Website will be published, uploaded, downloaded, transmitted, posted, copied, reproduced, distributed or republished except (a) with the Firm’s express written permission, (b) in accordance with a license granted by the Firm, (c) in accordance with a contract entered into with the Firm, or (d) as permitted by applicable law. Notwithstanding the foregoing, each Person using this Website shall have the right to print or download one copy of such materials on any single computer for personal, non-commercial use only, but only if:
(i) all proprietary notices, including copyright, trademark and other intellectual property notices, are kept intact;
(ii) the materials are not modified;
(iii) the materials, absent the Firm’s express written permission, are not used in a manner that suggests an association with any of the Firm’s services; and
(iv) the materials are not incorporated in any other work or publication.
Notwithstanding the foregoing,
(i) any materials available on this Website are subject to any additional or narrower restrictions stated in such materials or by the owners thereof;
(ii) more than one copy of brochures, announcements, registration forms, client alerts and bulletins, and similar materials may be printed or downloaded as may be necessary and reasonable under the circumstances;
(iii) a Person using this Website may send copies of the materials to individual third parties for personal information, but only if acknowledgement is given that this Website is the source of the materials, and the third party is given notice that the Terms governing this Website apply; and
(iv) no part of this Website shall be distributed or recopied for any commercial purpose or for a fee.
The Firm reserves the right at all times, and in its sole and absolute discretion, to withdraw or modify the permissions set out above.
Any and all use of this Website is also governed by such other terms as may be published by the Firm on this Website from time to time, including without limitation the Privacy and Security Policy.
Last revised December 1, 2012