D. White Law, PC
TERMS OF ACCESS AND USE
Last Updated June 16, 2010
The following terms of access and use (“Terms”) apply to your use of any and all of the D. White Law (“Company”) websites (each a “Site”). By accessing, browsing, or otherwise using a Site, you acknowledge that you have read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree to all these Terms, you may not access, browse, or otherwise use any Site.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT COMPANY’S LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY.
Company may revise these Terms at any time without notice by updating this posting. By using a Site, you agree to be bound by any such revisions and should therefore periodically visit a Site and this page to determine the current Terms to which you are bound. When these Terms are revised, we will also revise the "last updated" date at the top of these Terms.
These Terms do not alter the terms and conditions of any other agreement you may have with Company for products, equipment, software, services, or otherwise, unless otherwise directed by Company. If you breach any of these Terms, your authorization to use all Sites automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of all Sites.
Use Restrictions
Copyright. Each Site and all Site materials, including, without limitation, any software, data, text, photos, pictures, graphics, images, audio and video clips, logos, icons, links, and other files, and the selection and arrangement thereof (the “Materials”) are copyrighted materials of D. White Law, PC © 2010, ALL RIGHTS RESERVED, or its licensors. The design and layout of the Site are specifically excluded from the Materials. Permission is granted to display, copy, distribute, and download the Materials on a Site for personal, non-commercial use only, provided you do not modify the Materials and that you retain all copyright and other proprietary notices contained in the Materials. You may not, however, distribute, copy, reproduce, display, republish, download, upload or transmit any Materials on a Site for commercial use without prior written approval from Company. You may not “frame” or “mirror” any Material contained on a Site on any other server without prior written permission from Company. Any unauthorized use of any Materials contained on a Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Trademarks; Trade Dress. The trademarks, service marks, trade names, and logos (the “Trademarks”) used and displayed on any Site are registered and unregistered trademarks of Company or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Company or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Company or the Trademark owner. Nothing in any Site shall be construed as granting, by implication, estoppel, or otherwise any license or right to use any Trademark used or displayed on a Site, without the express written permission from Company or the Trademark owner. Misuse of the Trademarks displayed on any Site is strictly prohibited.
Third-Party Websites. Links to third-party websites on any Site are provided solely for your convenience. If you use these links, you will leave the Site. Company does not control and is not responsible for these sites, their content or their policies, and your use of such third-party sites is subject to their respective terms of use and privacy policies. Company does not endorse or make any representations about third-party sites or any information, software, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to a Site, you do so entirely at your own risk.
User Submissions. Certain areas of the Sites enable you to submit e-mails or otherwise provide feedback or information to Company. You agree that by submitting content:
Site Services. Company hereby grants you a limited license to use the services and features provided by Company on the Site (collectively the "Services") solely for your personal, non-commercial use, subject to these Terms. Company reserves the right to investigate reports of misuse of the Service and to protect its property and assets. The following use of the Services or a Site is prohibited:
Company RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDER INFORMATION, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY Company TO ADDRESS PAST VIOLATIONS OF THE THESE TERMS AND TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.
You may not use a Site to send communications to mailing lists to which you do not have full rights or to send unsolicited bulk or commercial messages. In addition, the use of automated scripting-type programs that automate the process of sending or viewing any of the Materials is strictly prohibited. Company reserves the right to limit, in its sole discretion and without prior notice to you, the number of communications that you may send using the Services and/or the number of recipients to which you send such communications.
You are solely responsible for your actions and communications undertaken or transmitted using a Site. Neither we nor our affiliates exercise editorial control over your transmissions; however, we do reserve the right to review your uploads and transmissions in order to ensure compliance with these Terms.
Information, News, and Press Releases
The Sites contains information, news, and/or press releases about Company. While this information was believed to be accurate as of the date it was prepared, Company disclaims any representation or warranty as to the reliability, accuracy, completeness or timeliness of and any duty or obligation to update this information, news, or any press releases. Information about companies other than Company contained in the news, press releases, or otherwise should not be relied upon as being provided or endorsed by Company.
Security
You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure, and we cannot guarantee that any personal information you submit to us will be free from unauthorized third-party intrusion. You understand and agree that all information you submit to Company is done so at your own risk.
Disclaimer of Warranties
THe SITEs, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Company DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, ACCURACY, and RELIABILITY. Company DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF A SITE, THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE MATERIALS ON A SITE OR ANY OTHER SITES LINKED TO A SITE. USE OF A SITE AND THE MATERIALS AVAILABLE ON A SITE IS AT YOUR SOLE RISK. Company DOES NOT WARRANT THAT A SITE, THE MATERIALS available on a site, OR THE SERVICES OFFERED ON A SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN A SITE, THE MATERIALS, OR SUCH SERVICES WILL BE CORRECTED.
Limitation of Liability
IN NO EVENT WILL Company OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, Damages ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE a site, the materials available on a site or the services offered on a site, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify, defend, and hold Company, our and their directors, officers, employees, consultants, agents, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms; (b) any allegation that any materials you submit to us infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and (c) your activities in connection with a Site.
Violations
Company reserves the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block access from a particular Internet address to the Sites and/or Services.
Location, Governing Law and Venue
The Sites are operated by Company from its offices in Colorado, USA. The law of the State of Colorado shall govern these Terms, without reference to its choice of law rules. You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts in the County of Boulder, Colorado for any litigation or dispute arising out of or relating to these Terms and agree to the exclusive jurisdiction of such courts for all disputes relating to these Terms. Company makes no representation that the information on the Sites is appropriate or available for use in other locations, and access to any Site from territories where the content of the Site may be illegal is prohibited. Those who choose to access a Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Copyright Policy
If you believe that your work has been copied and is accessible a Site in a way that constitutes copyright infringement, or that a Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Company by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
a. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing, or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company, or its third party service providers, to locate the material;
d. Information reasonably sufficient to permit Company, or its third party service providers, to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright Agent:
Derek White
1355 S. Colorado Blvd., Suite 600
Denver, CO 80222
Phone Number: 303-758-9910
Email address: derekw@dwhitelawpc.com
Only copyright complaints should be sent to the Copyright Agent identified above. No other communications will be accepted or responded to. For communications on other matters, please email: info@dwhitelawpc.com
Contact Information
If you have any questions or comments regarding these Terms, please send us an e-mail at info@dwhitelawpc.com.
©2010 D. White Law, PC All Rights Reserved.