Terms of Use, Legal Notice, and Disclaimer for eckertseamans.com site

Eckert Seamans Cherin & Mellott, LLC. (“ESCM” or “us” or “we” or “our”) owns and operates the eckertseamans.com site (“Site”). The following Terms of Use/Legal Notice and Disclaimer (“TOU”) govern your use of the Site. Other sites or content owned or controlled by ESCM may have their own terms of use and should be reviewed.

By using the Site, you agree to be bound by this TOU. If you do not agree to be so bound, you are not authorized to use the Site. This TOU is a legal contract between you and ESCM and governs your access to and use of the Site. Your rights to use the Site are limited by applicable federal, state, and local laws and regulations.

The Site is intended for adults 18 years of age or older. By accessing the Site, you represent that you are 18 years of age or older.

Legal Disclaimer

Use of the Site does not create an attorney-client relationship with ESCM.    Neither transmitting nor receiving any information or content to or from the Site, nor any other use of the Site, will create an attorney-client relationship between ESCM and the transmitter/receiver and/or Site user.  The hiring of an attorney is an important decision that should not be based solely on information contained in advertisements.  Before you decide to hire an attorney, please ask us to send you free written information about the qualifications and experience of the attorneys at our firm.  Do not send ESCM any information regarding potential legal representation until you have had the opportunity to speak with one of our attorneys and secured permission to send the information to us. 

Nothing on the Site is intended to act as legal advice.  The Site is not meant to replace the services of a trained legal professional and/or to be a substitute for the legal advice of a licensed attorney.   

Attorney Advertising

For purposes of the New York State Bar rules, and other applicable bar rules, the Site may be considered attorney advertising. The headquarters of ESCM is: Eckert Seamans Cherin & Mellott, LLC / U.S. Steel Tower / 600 Grant Street / 44th Floor / Pittsburgh, PA 15219-2788 / ph: 412.566.6000. Prior results described herein do not guarantee a similar outcome.

The Site

The purpose of the Site is to provide general information about ESCM and the legal services we provide.

The information contained on the Site is provided for informational purposes only. You agree that you will only use the Site for its intended purposes, and not for other commercial ventures without first seeking approval from ESCM.

License

ESCM hereby grants you a revocable and nonexclusive right and license to access and use the Site in a manner that is consistent with the other terms in this TOU. ESCM reserves the right to terminate this License for any or no reason and at any time without notice to you, including, but not limited to, for breach of any term contained in this TOU.

TOU Changes

ESCM reserves the right to modify this TOU at any time without prior notice. You should visit the Site from time to time to review the current TOU. By using the Site subsequent to any modification of this TOU, you agree to be bound by such modification(s). ESCM will highlight any change to this TOU for 30 days after such change(s) is/are made.

ESCM does not represent that any of the Site content is completely accurate, and therefore any reliance on the Site is done at your own risk.

Unsolicited Submissions

Please note that ESCM does not accept unsolicited content or ideas you may attempt to transmit to ESCM directly. As such, we take no responsibility for such transmitted content or ideas. If you do send ESCM unsolicited content or ideas, you agree that ESCM may use such content and ideas in any way ESCM wishes without any compensation to you.

Intellectual and Other Property

Other than the exceptions referenced in this TOU or noted elsewhere, all other content on the Site is the property of ESCM including, but not limited to, all marks, logos, names, text, data, documents, messages, pictures, images, video, audio, graphics, links, software and its underlying code, domain name, or other electronic files (referred hereafter as “ESCM Content”).

Certain elements of Site, including but not limited to, text, graphics, photos, images, video, audio, color selections, organization and layout, are copyright protected under United States and international copyright laws and treaty provisions. Any ESCM Content protected by intellectual property laws may not be copied, republished, posted, modified, edited, transmitted, distributed, used to create derivative works of, or reverse engineered without permission, except that you may print out one copy of each Site page solely for non commercial personal use. No right, title, or interest in any ESCM Content is transferred to you as a result of you accessing, downloading, or printing such content from the Site. Any use of ESCM Content must display the appropriate copyright, trademark, and other proprietary notices.

You acknowledge that you have no right, title, or interest in or to the Site and/or ESCM Content.

Eckert Seamans is a mark of ESCM. CV, BV and AV are registered certification marks of Reed Elsevier Properties Inc., and are used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Other marks, names, and logos on the Site are the property of their respective owners.

There may be other content located on the Site not owned by ESCM, and you should respect those property rights as well. All rights not expressly granted herein are reserved to ESCM.

Links to Third Party Sites

The Site contains links to external sites not controlled and/or affiliated with ESCM. If you use these links, you will leave the Site. ESCM provides these links to you only as a convenience. ESCM is not responsible for the content at the linked sites, including, without limitation, links displayed on such sites. You access any linked sites at your own risk.

The display of the links are not meant to imply that ESCM guarantees, approves, recommends, or endorses the linked sites or any information, content and/or products/services available on those linked sites. The links are not meant to indicate any association with ESCM. ESCM is not responsible or liable for any linked site nor does ESCM warrant that the linked sites or any goods, services, or information on the sites are current, accurate, or error-free. If you access the linked sites, you will be subject to the terms of use, privacy, and other policies applicable to those sites. You visit those sites at your own risk and should consult the sites’ policies.

ESCM will delete from the Site any link to a third party website upon receipt of a request from the owner of the third party website.

Other Prohibited Conduct

In connection with your access and/or use of the Site, you agree not to:

  • Violate any federal, state, or local laws or regulations.
  • Upload anything that imposes an unreasonable or disproportionately large strain on ESCM’s network or computer infrastructure.
  • Engage in any behavior that is designed to hack into or gain unauthorized access to protected areas of the Site and/or ESCM’s computers, servers or networks, and/or any computers or systems used by other users of the Site.
  • Upload anything that could destroy, damage, or impair any portion of the Site or any computers, systems, hardware, or software used by ESCM or other users.
  • Make unauthorized attempts to modify any information stored on the Site.
  • Make attempts to defeat or circumvent security features, or to utilize the Site for any other purpose other than its intended purposes.
  • Use any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Site.
  • Upload any false or misleading information or content through the Site.

The previous list of prohibitions is not exclusive. ESCM reserves the right to terminate your access to the Site for any reason.

By accepting this TOU, you waive and hold harmless ESCM from any claims resulting from any action taken by ESCM during or as a result of ESCM’s investigation and/or from any actions taken as a consequence of investigations by either ESCM or law enforcement related to your use of the Site.

Indemnity

You agree to indemnify, defend and hold harmless ESCM, including its officers, directors, employees, affiliates, agents, licensors, representatives, attorneys, and business partners (“Indemnified Parties”), from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards, and expenses (including attorneys’ fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) ESCM or any of the Indemnified Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the Site, your breach of this TOU, or any violation of an applicable law or regulation by you. Your indemnification obligation shall survive the termination of this TOU.

Disclaimer of Warranties

YOUR USE OF THE SITE IS AT YOUR OWN RISK.

ESCM MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR ANY SERVICES OFFERED ON OR THROUGH THE SITE. ESCM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SECURITY, COMPLETENESS, TIMELINESS, APPROPRIATENESS, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUSES, TITLE, AND NON-INFRINGEMENT. THE DISCLAIMER OF WARRANTIES APPLIES TO THE SITE, ITS CONTENT, AND ANY SERVICES OFFERED ON OR THROUGH THE SITE. ESCM DOES NOT WARRANT THAT THE SITE FUNCTIONS OR CONTENT WILL BE UNINTERRUPTED, TIMELY, OR SECURE. ESCM DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE. ESCM DOES NOT WARRANT THAT THE SITE AND/OR CONTENT WILL BE ERROR-FREE, THAT ANY ERRORS ON THE SITE WILL BE CORRECTED, OR THAT THE SITE/SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE SITE AND RELATED CONTENT, INCLUDING ANY SERVICES OR INFORMATION PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS IN THE EVENT YOU EXPERIENCE ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ANY SITE SERVICES. ESCM MAKES NO WARRANTIES THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY FOR SUCH INFRINGEMENT.

Limitation of Liability

IN NO EVENT WILL ESCM OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL, OR OTHER INDIRECT DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOST DATA, LOSS OF GOODWILL, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF ESCM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF: (1) THE USE OR INABILITY TO USE THE SITE OR ANY SITE SERVICES; (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR INACCURACIES ON THE SITE; AND/OR (3) ANY OTHER MATTER RELATING TO THE SITE OR ANY SERVICE OFFERED ON OR THROUGH THE SITE.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ESCM OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS TO ANY PARTY, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF $100.00 OR THE AMOUNT YOU PAID TO ESCM FOR THE APPLICABLE SERVICE OUT OF WHICH THE LIABILITY AROSE.

IF YOU ARE DISSATISFIED WITH THIS TOU, THE SITE, OR ANY SERVICE OFFERED ON OR THROUGH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

GIVEN THAT SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE LIMITATION OF LIABILITY WILL APPLY TO THE GREATEST EXTENT ALLOWED UNDER THE LAW.

Geographic Limitation

ESCM operates the Site from its headquarters in the United States, and the Site and TOU are intended only for users within the United States. If you use the Site outside the United States, you are responsible for following your applicable local laws and determining, among other things, whether your use of the Site violates any of those local laws. By using the Site, you agree and acknowledge that information about you, including personally identifiable information, may be transmitted to and stored in the United States.

Site Privacy Policy

Your use of the Site is governed by the Site Privacy Policy located here. The Site Privacy Policy is incorporated by reference into this TOU.

Miscellaneous

Any and all disputes relating to this TOU, the Site, and/or any services offered on or through the Site, are governed by, and will be interpreted in accordance with, the laws of the Commonwealth of Pennsylvania, without regard to any conflict of laws provisions. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the Commonwealth of Pennsylvania (USA) for any litigation arising out of or relating to the use of the Site, waive any objection to the venue of any such litigation in the Commonwealth of Pennsylvania courts, and agree not to plead or claim in any Commonwealth of Pennsylvania court that such litigation brought therein has been brought in an inconvenient forum.

If any part of this TOU is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this TOU, all of which will remain in full force and effect.

This TOU constitutes the entire agreement of the parties with respect to the Site and supersedes all prior communications, promises and proposals, whether oral, written, or electronic, between you and ESCM, with respect to the Site.

If you violate any portion of this TOU, ESCM reserves the right, without an obligation to do so, to deny you access to the Site.

ESCM’s failure to enforce any portion of this TOU is not a waiver of such portion.

The proprietary rights, disclaimer of warranties, representations made by you, indemnities, and limitations of liability shall survive the termination of this TOU.

ESCM reserves the right, without notice and reason, to take down or terminate the Site or otherwise revoke any and all access granted to you related to the Site. You agree that ESCM is not liable to you or any other third party for this action.

ESCM does not assume any liability or responsibility for your use of the Internet or the Site including, but not limited to, any change your computer or related systems may sustain as a result of accessing the Site.

Certain software elements of the Site and related Site services may be subject to U.S. export laws and controls. As such, no software may be downloaded or exported to any country or foreign citizen that is under a U.S. embargo or that would otherwise violate U.S. law or regulations.

If you need to contact ESCM for any reason not already specified in this TOU, please email us at info@eckertseamans.com.