Disclaimer and Terms of Use

ATTORNEY ADVERTISING

No aspect of this website has been approved by the Supreme Court of New Jersey.

Mandelbaum Barrett PC (the “Firm”), a professional corporation, appreciates your interest in the website www.lawfirm.ms (the “Site”). The Site is comprised of various web pages and is offered to you conditioned on your acceptance without modification of the terms, conditions, and disclaimers contained herein (the “Terms”). The Terms are a legal contract between you, an individual subscriber, customer, member, or user (“You” or “User”), and the Firm regarding your use of the Site.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE.

BY ACCESSING AND/OR USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY, AND COMPLY WITH, THESE TERMS.

I. DISCLAIMER; NO ATTORNEY-CLIENT RELATIONSHIP

The materials provided on the Site (the “Information”) are for general information and non-commercial purposes only, and are designed to enable you to learn more about the services that the Firm offers to its clients. The Information constitutes general information relating to areas of law familiar to our attorneys, and may not reflect current legal developments, caselaw, or settlements. The Information does not, and is not intended to, constitute legal advice or other professional advice, or as a source of advertising or solicitation. You may not rely on the Information as such. The Site and the Information should not be viewed as an indication of future results.

The Information does not necessarily represent the opinions of the Firm, its shareholders, or its clients.

Accessing or using this Site does not create an attorney-client relationship between you and the Firm, and it is not intended to do so.

Although the use of the Site may facilitate access to or communications with the Firm by e-mail or voicemail, transmission to or receipt by the Firm of any such communications or transmissions does not create an attorney-client relationship, unless our Firm agrees to represent you. You should not consider the Information to be an invitation for an attorney-client relationship; you should not act, refrain from acting, or rely on any Information without first obtaining separate and appropriate legal or other professional advice on the particular facts and circumstances at issue for you. If you require legal advice, you should retain competent legal counsel to advise you. If you would like to retain the Firm, please contact one of our attorneys, who will be pleased to discuss whether our Firm can assist you.

An attorney-client relationship will arise between you and our Firm only if we specifically agree to act for you. Until we specifically agree to act for you on a matter, you should not provide us with any confidential information or material.

II. CONFIDENTIALITY OF COMMUNICATIONS

You should be aware that e-mail and the Internet are not secure methods of transmitting information. The Firm does not guarantee the confidentiality or security of any communications sent by e-mail or through its Site, or left in voicemail messages on Firm telephones.

You should not send any confidential, proprietary or other information to the Firm or any of its attorneys or staff unless you have entered into a written agreement for the performance of legal services with our Firm.

Unsolicited information and material may not be treated as confidential and will not be protected by any attorney-client privilege.

If you are a client of our firm and wish to send us confidential, proprietary or other sensitive information, please contact the attorney handling your matter to discuss how to transmit such information to us.

III. PRIVACY

Use of the Site is governed by the Firm’s Privacy Notice, which is incorporated into these Terms by reference. Your privacy is important to us. Please review the Privacy Notice carefully for information relating to the Firm’s collection, use, and disclosure of information. You agree to be bound by these Terms and explicitly consent to the collection, use, and storage of your information as outlined in the Privacy Notice.

IV. RESTRICTIONS

By accessing and/or using the Site, you shall not:

(a) copy the Site or Information, except as expressly permitted by these Terms for your own personal use;

(b) use the Site or Information for any commercial purpose without the prior written consent of the Firm;

(c) use the Site or Information in a manner that: (i) violates, exploits, or harms, or attempts to violate, exploit, or harm, the legal rights (including the rights of publicity and privacy) of any person or third party; (ii) promotes any illegal activity, or advocates, promotes or assists any unlawful act; (iii) causes annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any person or third party; (iv) stalks, harasses, intimidates, or harms any person or third party; (v) tracks any person or third party without their explicit consent; or (vi) could give rise to any civil or criminal liability under any applicable local, state, national or international laws, statutes, ordinances, rules, regulations or ethical codes governing your jurisdiction, including confidentiality, data protection, and intellectual property laws;

(d) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Site or Information or any part thereof;

(e) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Site or Information, including any copy thereof;

(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Site;

V. NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES

ALTHOUGH THE FIRM HAS MADE REASONABLE EFFORTS TO ENSURE THAT THE INFORMATION IS ACCURATE AND COMPLETE, THE SITE AND INFORMATION ARE PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE FIRM EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SITE AND INFORMATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE FIRM PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SITE OR INFORMATION WILL MEET YOUR REQUIREMENTS, BE ACCURATE, COMPLETE, OR CURRENT, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, BE COMPLETELY SECURE, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, INCLUDING, WITHOUT LIMITATION THE CONTENT AND ANY ERRORS CONTAINED THAT ARE PROVIDED BY THIRD PARTIES. The Information on the Site is general in nature and may not reflect current legal developments. The Firm does not undertake any obligation to update the Information on the Site. Your decision to access the Site, the information and any other Sites or internet services accessible from the Site is at your own risk.

You understand and agree that you use, access, download, or otherwise obtain Information, Materials, or data through the Site at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data.

Please note that some jurisdictions may not allow the exclusion of implied warranties or the limitation of certain types of liability and damages and, as a result, some of the above exclusions and limitations may not apply to you.

VI. INDEMNITY

You agree to indemnify, defend and hold harmless the Firm and its shareholders, members, partners, officers, directors, employees, agents, affiliates, successors and assigns from and against any and all damages, losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to: (a) your use or misuse of the Site and/or Information; (b) your breach of these Terms; or (c) a violation by you of any applicable law or regulation, or agreement or obligation to a third party.

VII. LIMITATION OF LIABILITY AND LIMITATION ON DAMAGES

IN NO EVENT, AND UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE FIRM, ITS SHAREHOLDERS, MEMBERS, ATTORNEYS, EMPLOYEES, AGENTS OR OTHER THIRD PARTIES MENTIONED ON THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, PROPERTY DAMAGE, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR DAMAGES RESULTING FROM LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, LOST DATA, LOSS OF GOODWILL, LOST OPPORTUNITIES, COSTS OF COVER, COMPUTER FAILURE, MALFUNCTION, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, OR INABILITY TO USE, OF THIS SITE, ANY WEBSITE LINKED TO THIS SITE, OR THE CONTENT CONTAINED ON THIS OR ANY SUCH WEBSITE.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

If any part of these warranty disclaimers (Section V) or limitations of liability (Section VII) is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for all liabilities, shall not exceed one hundred dollars ($100).

VIII. THIRD PARTY SITES

The Site may contain links to other websites solely as a convenience to Users (“Linked Sites”). The Linked Sites are not under the control of the Firm and the Firm is not responsible for, and does not endorse, the contents, information, materials, products, or services contained on or accessible through any Linked Site. Access and use of Linked Sites, including the information, materials, products, and services on or available through Linked Sites is solely at your own risk.

IX. INTELLECTUAL PROPERTY RIGHTS

© 2016 Mandelbaum Barrett PC. All rights reserved.

The Site is owned and operated by the Firm. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Site provided by the Firm (the “Materials”) are protected by United States copyright, trade dress, patent, and/or trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.

All Materials contained on the Site are the property of the Firm. All trademarks, service marks, and trade names are proprietary to the Firm or its affiliates and/or third-party licensors.

You are authorized to view one copy of the Material for your personal, non-commercial use only, subject to the following provisions: (a) the copyright or other proprietary notices are kept intact; and (b) the information is not altered in any way. Any other use of the Material is strictly prohibited.

Except as expressly authorized by the Firm, you shall not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. The Firm reserves all rights to the Materials not expressly granted in the Terms.

X. IRS CIRCULAR 230 NOTICE

In accordance with IRS requirements, this is to inform you that any information on this Site that could be construed as tax advice is not written or intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed on this Site.

XI. COMPLIANCE WITH RULES OF PROFESSIONAL CONDUCT

This Site constitutes an advertisement within the meaning of the Rules of Professional Conduct (“RPC”) governing the practice of lawyers in the State of New Jersey. All advertisements appearing on this web site are intended to comply with RPC 7.3.

To the extent attorney profiles list or identify certain awards or recognition by certain organizations such as Best Lawyers in America, Martindale Hubbell, Super Lawyers, Rising Stars, or others, the RPCs and, specifically, RPC 7.1, require the following disclaimer:

“No aspect of this advertisement has been approved by the Supreme Court of New Jersey.”

In maintaining this Site, the Firm does not intend to practice law or solicit legal representation in any jurisdiction where this Site may fail to comply with such jurisdiction’s laws and ethical rules. The Firm is unwilling to accept representation of clients from jurisdictions where this Site does not comply with such laws or rules and where the client is generated through this Site.

XII. INTERNATIONAL USERS

The Site is controlled, operated and administered by the Firm from our offices within the United States. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

XIII. CHANGES TO THESE TERMS

The Firm reserves the right, at its discretion, to change, modify, add, or remove portions of the Terms and the Privacy Notice at any time by posting the amended Terms or Privacy Notice on the Site. You will be deemed to have accepted any changes by continuing to use the Site. Except as otherwise stated, all amended terms shall automatically be effective 30 days after they are initially posted.

The Terms and the Privacy Notice may not be otherwise amended except in a writing hand signed by you and the Firm. For purposes of this section, “writing” does not include an e-mail message and a signature does not include an electronic signature.

The most current version of the Terms and the Privacy Notice will supersede all previous versions. Please check the Terms and the Privacy Notice periodically for changes.

Disputes arising under the Terms and the Privacy Notice will be resolved in accordance with the version of the Terms and the Privacy Notice in place at the time the dispute arose.

If at any point you do not agree to any portion of the then-current version of the Terms and the Privacy Notice, you must immediately stop using the Site.

The Firm reserves the right to terminate these Terms and your access to the Site and the Information at any time, for any or no reason and in its sole and absolute discretion.

XIV. GENERAL

These Terms are governed by, and construed in accordance with, the laws of the State of New Jersey, without regard to its conflicts of law principles, and the laws of the United States of America.

Any dispute related to the Terms or Privacy Notice shall be resolved by binding arbitration under the auspices of the American Arbitration Association and the rules promulgated by that body and before a single arbitrator chosen by the Firm. The arbitration shall be conducted in Essex County, New Jersey, and judgment of the arbitration award may be entered into any court having jurisdiction thereof. The Firm may seek any interim or preliminary relief from a court of competent jurisdiction in New Jersey, necessary to protect its rights pending the completion of arbitration. You consent to the exclusive personal jurisdiction of such New Jersey arbitrator and/or courts for the purposes of any dispute relating to the Terms or Privacy Notice.

You agree that any claim or cause of action arising out of or related to these Terms, your use of this Site or the information must be filed within one (1) year after such claim or cause of action arose or forever be barred.

If any provision of these terms shall be unenforceable for any reason, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

This is the entire agreement between us relating to your access to the Site, and supersedes any prior agreement or understanding other than a written retainer agreement you have with the firm (if any).

These Terms shall not be modified except as provided herein.

XV. CONTACT

The Firm welcomes your questions or comments regarding the Terms and Privacy Notice.

Please contact us at the following address:

Mandelbaum Barrett PC
3 Becker Farm Road
Roseland, New Jersey 07068