Terms of Use

This website (“Site”) is the property of Manhattan Advertising & Media Law, Inc. (“Company”). Please read these terms and conditions (“Terms”) before using this Site. Individuals must be 18 years of age or older to use this Site and you warrant that you are 18 years of age or older. By accessing and using this Site, you unconditionally agree to be bound by these Terms and all policies herein. If you do not agree to these Terms, do not access or use the Site. All users agree to be bound by any and all revisions and should periodically revisit this page to review the then current Terms.

 

Copyright and License

The content within this Site, including, without limitation, the design, source code, text, graphics, images, photographs, video and audio files, other files, and data (collectively, the “Content”), and the selection, arrangement, structure, coordination, and “look and feel” thereof, are the property of Company, ALL RIGHTS RESERVED Copyright © 2014 Manhattan Advertising & Media Law, Inc. and/or its licensors. You are granted a limited, non-sublicensable right to access this Site, and print the Content information published on this Site for your personal, non-commercial, and informational use in accordance with the Terms herein. The foregoing license grant does NOT include the right for you to:

  • Publicly perform, display, or publish any Content on broadcast, digital media, or commercial print publications media, or make other derivative uses of the Site or the Content.
  • Sell, market, distribute, or make commercial use of the Site or any Content;
  • Use frame or framing techniques to enclose any portion of this Site (including the images, graphics, or video found at this Site, any text, or the layout/design of any page or form contained on a page).
  • Collect and/or use any Content including the use of any robots, data spiders, or similar data gathering, mining or extraction methods.

Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Company or any third party.

 

 

Trademarks and Service Marks

All Company names, slogans, and our logos on this Site are either trademarks, service marks, or registered trademarks of Company or its licensors and are the property of Company. Unauthorized use, whether or not such use is tied to any commercial endeavors, is strictly prohibited. You may not use any Metatags or any other “hidden text” utilizing Company or any other name, trademark, or product name of Company without our permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Company, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, and company names or logos mentioned herein are the property of their respective owners.

 

Privacy

By using cookies, this Site automatically recognizes the user’s IP address and collects information on which pages are visited and other aggregate information. However, the user cannot be recognized as an individual. Company does not collect personally identifiable information, unless such information is included in an email that you voluntarily send to us that originates from the Site. For more information regarding Company’s privacy policy, please visit our privacy page.

INFORMATIONAL PURPOSES ONLY. The Content on this Site has been prepared by Company and is intended for informational purposes only. The information provided on this Site provides only general information, which may or may not reflect the most current legal developments.

NO ATTORNEY-CLIENT RELATIONSHIP. Your use of the Site or the Content therein does not constitute and Attorney-Client relationship. Further, the transmission, reproduction, or dissemination of the information contained on this Site is not intended to create, and receipt does not constitute, an attorney-client relationship between you and Company.

NO LEGAL ADVICE. This Site contains information on legal issues; however, this information does not constitute legal advice and is not a substitute for legal advice from a qualified attorney licensed in the appropriate jurisdiction.

 

Third Party Links

Company may provide links to websites and other content of third parties as a service to those interested in this information. However, we make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this Site. The linked websites are not under our control and we are not responsible for their content. We are providing these links to you only as a convenience to you, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. When leaving this Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that website.

 

No Warranties

THIS SITE, AND THE CONTENT AND MATERIAL CONTAINED THEREIN, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR INFORMATION DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED IN THE SITE, WE DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT RELATED TO THE INFORMATION OR CONTENT ON OR THE SITE. WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT, INFORMATION, OR MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR UNINTERRUPTED. WE DO NOT PROMISE THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO CERTAIN USERS. IN ANY SUCH JURISDICTION, THE ABOVE EXCLUSIONS AND LIMITATIONS SHALL INSTEAD BE IMPUTED AS REWRITTEN SO AS TO APPROXIMATE THE ABOVE EXCLUSIONS AND LIMITATIONS TO THE FULLEST EXTENT PERMISSIBLE BY THE LAWS OF SUCH JURISDICTION.

WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO THE CONTENT OR INFORMATION. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL USERS ACCESSING THIS SITE FROM OUTSIDE THE UNITED STATES OF AMERICA ASSUME FULL RESPONSIBILITY FOR COMPLIANCE WITH LOCAL LAWS, IF APPLICABLE.

 

Limitation of Liability

IN NO EVENT SHALL THE RELEASE PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING FROM YOUR USE OF THE SITE, EVEN IF THE RELEASED PARTIES HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED ELSEWHERE IN THESE TERMS AND CONDITIONS, THE RELEASED PARTIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR ACCESS TO AND USE OF THE SITE.

 

Indemnification

In using this Site, users expressly waive any and all claims that they may have against Company. You agree to indemnify, defend, and hold Company, together with its officers, directors, shareholders, members, employees, agents, licensors and suppliers (collectively, the “Released Parties”), harmless from all losses, expenses, damages and costs, including, without limitation, reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account. You agree to be solely responsible for payment of all sums owing to any person or entity by virtue of the exposition of the Materials and Information on the Site.

 

ARBITRATION

You and Company are agreeing to forego any rights to litigate claims in a court or before a jury or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court, such as access to discovery, may also be unavailable or may be limited in arbitration. This arbitration contract is made pursuant to a transaction in interstate commerce and its enforcement and the arbitration proceedings hereunder shall be governed by the Federal Arbitration Act (“FAA”). All claims, disputes or controversies in any form or manner between you and Company and/or its directors, shareholders, members, officers, employees, affiliates, agents, successors and assigns relating in any way to the agreement shall be submitted to arbitration to be conducted by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in the County of Los Angeles, State of California, with one arbitrator presiding. The prevailing party shall be entitled to an award of its reasonable attorneys’ fees and actual costs incurred in such action. The arbitrator’s award will be final and binding, and judgment thereon may be entered in any court of competent jurisdiction.

Users hereby waive any and all rights to claim punitive, incidental or consequential damages, attorneys’ fees and costs and/or the right to have any actual damages multiplied or increased for any reason. You agree that the only damages to which you will be entitled shall be your actual damages associated with the Terms, subject to the limitations as set forth in Limitation of Liability above.

 

Miscellaneous

If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited to the minimum extent necessary and replaced with a valid provision that best embodies these Terms.