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 Legal
Disclaimer
June 24, 2004
LEGAL DISCLAIMER AND TERMS OF
USE FOR THIS INTERNET SITE
PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS MAY
HAVE CHANGED SINCE YOUR LAST VISIT TO THIS INTERNET SITE
("SITE"). BY USING THIS SITE, YOU INDICATE YOUR
ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS,
THEN DO NOT USE THIS SITE.
NO LEGAL SERVICES OR ATTORNEY-CLIENT
RELATIONSHIP
The information contained in this Site may be considered
advertising under the Rules of the Supreme Judicial Court
of Massachusetts, and is for general guidance on topics
selected by David W. Adams, LLC (the "Firm").
Such information is provided on a blind-basis, without any
knowledge as to the reader's industry, identity or specific
circumstances. The application and impact of relevant laws
will vary from jurisdiction to jurisdiction. There may also
be delays, omissions, or inaccuracies in information contained
in this Site. The information on this Site is provided with
the understanding that the Firm's and various authors' and
publishers' providing of such information does not constitute
the rendering of legal, accounting, tax, or other professional
advice or services. Your use of this Site does not create
any attorney-client relationship between you and the Firm.
Information on this Site should not be relied upon or used
as a substitute for consultation with professional advisors.
ACCESS TO THIS SITE
The Firm may alter, suspend, or discontinue this Site at
any time for any reason, without notice or cost. The Site
may become unavailable due to maintenance or malfunction
of computer equipment or other reasons.
By using this Site, you agree to indemnify,
hold harmless and defend the Firm from any claims, damages,
losses, liabilities, and all costs and expenses of defense,
including but not limited to, attorneys' fees, resulting
directly or indirectly from a claim by a third party that
alleges injury, damage or harm in whole or in part arising
from the provision by you of information from, or claimed
to be from, this Site, or that in any way arises from your
use of this Site or information provided by this Site in
violation of these terms.
COPYRIGHT AND TRADEMARK INFORMATION
This Site and all the information it contains, or may in
the future contain, including, but not limited to, articles,
memoranda, bulletins, reports, press releases, opinions,
text, directories, guides, photographs, illustrations, trademarks,
trade names, service marks and logos (collectively, the
"Content"), is the property of the Firm and is
protected from unauthorized copying and dissemination by
U.S. Copyright law, trademark law, international conventions,
and other intellectual property laws. Certain of the trademarks
and logos displayed on the site are owned by third parties.
Nothing contained on this Site should be construed as granting,
by implication, estoppel, or otherwise, any license or right
to use this Site or any Content displayed on this Site,
through the use of framing or otherwise, without the prior
written permission of the Firm or such third party that
may own the trademark or copyright of material displayed
on this Site.
Subject to your full compliance with these
terms, the Firm authorizes you to view the Content, make
a single copy of it, and print that copy, but only for your
own lawful, personal, noncommercial use, provided that you
maintain all copyright, trademark and other intellectual
property notices contained in such Content, and provided
that the Content, or any part thereof, is not modified.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, THE FIRM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, BUT
WITHOUT LIMITATION, THE FIRM DOES NOT WARRANT THAT: (i)
THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE;
(ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED
OR ERROR-FREE; OR (iii) DEFECTS WILL BE CORRECTED, OR THAT
THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS.
RESPONSES TO ONLINE REQUESTS
From time to time, David W. Adams, LLC may offer to provide
information or materials via email or otherwise to interested
persons. The Firm reserves the right, in its absolute discretion,
to reject any requests for such information or materials,
or to discontinue the provision of such information or materials
to any person, for any reason whatsoever.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE FIRM BE LIABLE FOR ANY
DAMAGES, INCLUDING INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY,
MULTIPLE OR OTHER INDIRECT DAMAGES OR FOR LOST PROFITS OR
LOSS OF USE DAMAGES THAT RESULT FROM THE USE OF, OR THE
INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED
ON THIS SITE, EVEN IF THE FIRM HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
IN NO EVENT SHALL THE FIRM'S TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER
IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE)
OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY
TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE
EXCEED $1.
JURISDICTIONAL ISSUES
The Firm makes no representation that information on this
Site is appropriate or available for use outside the United
States. Those who choose to access this Site from outside
the United States do so on their own initiative and are
responsible for compliance with local laws, if and to the
extent local laws are applicable.
LINKS TO OTHER SITES
This Site may contain links to non-Firm sites. These links
are provided to you only as a convenience. Such linked sites
are not under the control of the Firm and the Firm is not
responsible for the contents of any linked site, or any
link contained in a linked site. The inclusion of any link
does not imply endorsement by the Firm of the site, and
the Firm shall have no responsibility for information which
is referenced by or linked to this Site.
SUBMISSIONS TO THE FIRM AND AFFILIATED
SERVERS
Information, including but not limited to remarks, suggestions,
ideas, graphics, or other submissions, communicated to the
Firm through this Site does not create an attorney-client
relationship or confidential relationship between you and
the Firm. Any electronic communication between you and the
Firm will not be privileged or confidential; may be disclosed
to other persons; and may not be secure. Therefore, you
should not send any email to the Firm that contains confidential
or sensitive information. Further, all information submitted
is the exclusive property of the Firm. The Firm is entitled
to use any information submitted for any purpose, without
restriction (except as stated in the Privacy Statement below)
or compensation to the person sending the submission. The
user acknowledges the originality of any submission communicated
to the Firm and accepts responsibility for its accuracy,
appropriateness, and legality.
ENFORCEMENT OF TERMS AND CONDITIONS
These Terms are governed and interpreted pursuant to the
laws of the Commonwealth of Massachusetts, United States
of America, notwithstanding any principles of conflicts
of law.
All disputes arising out of or relating
to these Terms shall be finally resolved by arbitration
conducted in the English language in Boston, Massachusetts,
U.S.A. under the commercial arbitration rules of the American
Arbitration Association. The parties shall appoint as sole
arbitrator a retired judge who presided in the Commonwealth
of Massachusetts. The parties shall bear equally the cost
of the arbitration (except that the prevailing party shall
be entitled to an award of reasonable attorneys' fees incurred
in connection with the arbitration in such an amount as
may be determined by the arbitrator). All decisions of the
arbitrator shall be final and binding on both parties and
enforceable in any court of competent jurisdiction. Notwithstanding
this, application may be made to any court for a judicial
acceptance of the award or order of enforcement. Notwithstanding
the foregoing, the Firm shall be entitled to seek injunctive
relief, security, or other equitable remedies from the United
States District Court for the District of Massachusetts
or any other court of competent jurisdiction.
If any part of these terms is unlawful,
void, or unenforceable, that part will be deemed severable
and will not affect the validity and enforceability of the
remaining provisions. The Firm may, at its sole discretion
and without notice, revise these terms at any time by updating
this posting.
ENTIRE AGREEMENT
This is the entire Agreement between the parties relating
to the subject matter herein and shall not be modified except
in writing signed by both parties or by a new posting by
the Firm, as described above.
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