The Art of Advocacy Terms and Conditions of Use creates a legal agreement between You (“You”) and Shapiro Sher Guinot & Sandler (“Operator”) that governs: (1) the information, data, and content (the “Information”) made available by Operator through this website; (2) the nature of the relationship between You and the Operator; (3) certain other matters of professional responsibility; (4) Operator’s use of Your information gathered by him through this website; and (5) Your use of this website, related systems, and the Information (collectively, the “AA Site”).
IMPORTANT – READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS AA SITE, DOWNLOADING INFORMATION AND/OR OTHERWISE USING THE AA SITE SERVICES, AND THE RELATED INFORMATION AND/OR TECHNOLOGY USED, STORED, LICENSED OR ACCESSED IN CONNECTION THEREWITH AND THE RELATED INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN (COLLECTIVELY, THE “OPERATOR TECHNOLOGY”).
OPERATOR IS WILLING TO PROVIDE YOU WITH ACCESS TO THE OPERATOR TECHNOLOGY THROUGH THIS AA SITE AND TO MAKE AVAILABLE INFORMATION, PRODUCTS, AND SERVICES TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, AND ON ANY DOCUMENTS REFERENCED HEREIN OR ANY ADDITIONAL TERMS AND CONDITIONS THAT CAN BE VIEWED EITHER ON THE PAGES CONTAINING ANY PRODUCTS, SERVICES OR OTHER OFFERINGS, OR VIA A LINK ON THOSE PAGES OR OTHER DIRECTIONS TO THE ADDITIONAL TERMS AND CONDITIONS (THIS “AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY CEASE USING THE OPERATOR TECHNOLOGY, AND/OR EXIT THIS PAGE BEFORE DOWNLOADING, ACCESSING, USING, SUBSCRIBING OR INSTALLING THE OPERATOR TECHNOLOGY.
NO LEGAL ADVICE
The Information is made available for general informational purposes only, and is not intended to constitute specific legal advice or to be a substitute for advice from qualified counsel. Without limiting the foregoing, the Information may not reflect recent developments in the law, may not be complete, and may not be accurate in or applicable to Your jurisdiction. Because the Information is general in nature and may not pertain to Your specific circumstances, You should not act or refrain from acting based on any Information without first obtaining advice from professional counsel qualified in the applicable subject matter and jurisdiction.
NO ATTORNEY-CLIENT RELATIONSHIP
Operator has a policy of entering into attorney-client relationships with its clients only in accordance with certain procedures which include executing an engagement letter and addressing professional responsibility conflicts as required by the Bar Associations of the states in which Operator maintains offices. You agree that Your access to this AA Site or receipt of the Information, or Your transmission of electronic mail or other communications to addresses on this AA Site, do not create an attorney-client relationship between You and Operator.
OTHER MATTERS OF PROFESSIONAL RESPONSIBILITY
No Advertising or Solicitation
This AA Site is not intended to be an advertisement or solicitation, but may be deemed an ADVERTISEMENT in certain jurisdictions.
You agree that electronic mail or other communications sent by You to Operator will not be treated as confidential or invoke an attorney-client privilege; provided, however, that if You are an existing client of Operator and You send an electronic mail or other communication to Operator pertaining to a matter in which Operator then represents You, such electronic mail or other communication may be entitled to be treated as confidential or privileged. Notwithstanding the foregoing, You acknowledge that electronic mail and the Internet are generally insecure media of communication, and Operator cannot guarantee the confidentiality of any electronic mail sent to or received by it or any information submitted by You to Operator through this AA Site.
Authorized Jurisdictions; Certifications
Operator’s attorneys practice law in the jurisdictions in which Operator has offices as well as in other jurisdictions. Except as specifically stated, Operator’s attorneys are not certified by any professional or government authority. The listing of Operator attorneys in practice groups is not intended to indicate any professional or governmental certification.
To the extent the requirements of the Bar Association in Your jurisdiction require such designation: Operator’s principal office is its Baltimore, Maryland office.
No warranty of Results
The Information may contain descriptions of matters in which Operator successfully represented his clients. The results of these matters were dependent on their specific circumstances, and are in no way intended to be predictive of future results, even in similar circumstances, or offer any type of guarantee or assurance of outcome. Information pertaining to Operator’s clients may not reflect the opinions of such clients.
You will not use this AA Site in violation of any applicable law. Without limiting the foregoing, You will not use this AA Site in connection with (a) the infringement of intellectual property rights including Operator’s rights in its marks and its articles and alerts; (b) the unauthorized transmission of unsolicited commercial electronic mail; (c) the transmission of defamatory materials; or (d) fraud. You will not violate, attempt to violate, or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of this AA Site.
Use of the Operator Technology
The Operator Technology, including the Information is owned by Operator and/or its Licensors and is protected by United States and international copyright and trademark laws. All rights are reserved. You have no rights to the Operator Technology except for the limited license granted to You by the Operator. Subject to the terms and conditions set forth herein and any third party restrictions, Operator grants You a non-transferable, non-exclusive and non-sublicenseable limited right and license to view, use and access the Operator Technology from a remote location to incidentally view, print and download the images, text, graphics, photographs, audio, video and other Information available within the Operator Technology solely for Your informational purposes and for Your immediate, private, personal and non-commercial use. All rights not expressly stated herein are reserved by Operator and Operator disclaims any and all implied licenses. Without limiting the foregoing, You agree not to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access the Operator Technology, or any part thereof; (ii) copy, distribute, display, transmit or reproduce the Operator Technology, or any part thereof, in any form, including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the Operator Technology, or any part thereof including, but not limited to, using any part of the Operator Technology to create fonts, icons, links, buttons, wallpaper and unlicensed merchandise; (iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; (v) use the Operator Technology in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of Operator, its third party suppliers or any other third party; and (vi) You will adhere, comply, and follow any and all laws, federal, state, or otherwise, applicable to the Operator Technology (including, but not limited to Information, this AA Site, and/or any policies set forth in this Agreement. You agree not to access the Operator Technology by any means other than through the interface that is provided to You by Operator for use in accessing the Operator Technology.
By making a Submission, You waive the right to make any claim against Operator or any of its respective parents, subsidiaries, affiliates, employees, agents, directors, officers, and shareholders related to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and You further waive all moral rights You may have in any materials uploaded or sent to us by You.
You further represent and warrant that (i) You own or have the necessary licenses, rights, consents, and permissions to use and authorize Operator to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submissions; and (ii) You have the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submissions in the manner contemplated by this Agreement.
You represent and warrant that Your Submissions: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall contain visual depictions of persons who were at least 18 years of age when said visual depiction was created, (d) shall not be fraudulent or involve counterfeit or stolen information or items, (e) shall not violate any law, statute, ordinance or regulation, and (f) shall not create any liability for Operator. You also agree to maintain and promptly update Your Submissions by means of the Operator Technology in order to keep that information true, accurate, current and complete.
You agree not to: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs via or through the Operator Technology; (b) use Internet Relay Chat (IRC) bots via this AA Site (i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day); (c) hinder the ability of others to use IRC; (d) disrupt the Operator Technology or the normal flow on this AA Site of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; (e) run any program on this AA Site or through the Operator Technology that makes a service or resource available to others, including, but not limited to, port redirectors, proxy servers, chat servers or simulated multi-user environments; (f) interfere with, disrupt, or harm in any way the Operator Technology or the servers or networks used in connection with it; (g) run programs or specifically configure machines in such a way as to keep a dialup connection active when not in use or otherwise bypass automatic disconnection for inactivity, unless a dedicated access account is provided; (h) use the Operator Technology in violation of the rules of any other website providers, websites, or the like; (i) use the Operator Technology to access the accounts of others without permission; (j) attempt to penetrate security measures of Operator or another entity, or obtain or bypass others’ passwords; or (k) engage in denial of service attacks (i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic).
Access to Operator Technology
Operator, at its sole discretion, may elect to provide maintenance services or other assistance to you in connection with Your use of the Operator Technology. You shall be responsible for obtaining access to the Operator Technology and for all equipment necessary to access the Operator Technology and You acknowledge that obtaining the foregoing may involve third-party fees (such as internet service provider or airtime charges). You are responsible for all charges associated with connecting You to the Operator Technology, including, without limitation, all telephone, equipment, airtime and internet service provider charges.
You agree to indemnify, defend, and hold harmless Operator its affiliates, their agents, vendors, distributors, licensors and suppliers and their officers, directors, agents, employees, and shareholders from and against all losses, liabilities, claims, expenses, damages, judgments, and costs, including reasonable litigation costs and attorneys’ fees, resulting from (a) any violation of the terms and conditions of this Agreement, (b) Your use of any Information, products, and/or services made available by Operator on this AA Site, (c) Your use of (or inability to use) the Operator Technology; and/or (d) any use of Your Submission by Operator or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity. Operator shall promptly notify You in writing upon obtaining knowledge of any claim for which indemnification may be sought. You shall assume the defense of any such claim or related litigation, but may not settle any claim against Operator without Operator’s prior written consent. This Agreement shall not prevent Operator’s use of Operator’s counsel at Operator’s expense. You shall maintain sufficient insurance to meet all of Your obligations under this Agreement.
Subject to the Prohibited Uses section set forth above, You may send electronic mail to those addresses made available on this AA Site for the purposes of requesting alerts or other news notification services, submitting voluntary survey responses, responding to or making inquiries regarding Operator events, requesting information regarding Operator or legal or other services offered by Operator, and inquiring about employment opportunities. You agree to cease sending electronic mail to any Operator address upon Operator’s request.
Electronic Delivery Policy and Your Consent
By using the Operator Technology while on this AA Site, you consent to receive from Operator all communications including notices, agreements, legally required disclosures or other information in connection with the Operator Technology (“Notices”) electronically. Operator shall provide such electronic Notices by posting them on this AA Site. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of this AA Site and the Operator Technology.
THIS AA SITE IS PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS. YOUR ACCESS AND USE OF THIS AA SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY THE LAW AND RULES OF PROFESSIONAL RESPONSIBILTY IN THE APPLICABLE JURISDICTION, OPERATOR DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, DATA ACCURACY, SYSTEM INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY OTHER WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE.
Disclaimer of Liability
TO THE FULLEST EXTENT PERMITTED BY THE LAW AND RULES OF PROFESSIONAL RESPONSIBILITY IN THE APPLICABLE JURISDICTION, OPERATOR DISCLAIMS LIABILITY FOR ANY LOST PROFITS OR INCOME, LOST BUSINESS, OR LOST DATA, OR FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THIS AA SITE. IN NO EVENT SHALL OPERATOR’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED TEN ($10.00) DOLLARS.
SOME STATES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL AND OTHER SIMILAR TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.
Children’s Online Privacy
Operator does not knowingly collect personal information from children under the age of 13. This AA Site is not intended to solicit information of any kind from children under the age of 13, and Operator has made commercially reasonable efforts to design this AA Website to prevent our knowing acceptance of any such information.
It is possible that by fraud, deception or error, we may receive information pertaining to children under the age of 13. If Operator is notified of this, as soon as Operator verifies the information, Operator will immediately obtain parental consent or otherwise delete the information from the Operator’s servers. If You want to notify Operator of receipt of personal information belonging to a child under the age of 13, please do so at email@example.com
Operator Intellectual Property Notice
It is Operator’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. Pursuant to the Digital Millennium Copyright Act, Operator has designated the person listed below as his agent to receive notifications of alleged copyright or other intellectual property infringement on this AA Site. Operator respects the intellectual property of others, and asks the AA Site users to do the same. If You believe that Your work has been copied, used or distributed in a way that constitutes infringement, or Your intellectual property rights have been otherwise violated, please provide Operator’s Agent the following information (the “IP Notice”): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that You claim has been infringed; (c) a description of where the material that You claim has been infringed is located in the Operator Technology; (d) Your address, telephone number and email address; (e) a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by You, made under penalty of perjury, that the information in Your IP Notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Operator’s Agent for transmitting the IP Notice for claims of copyright or other intellectual property infringement can be contacted at:
Renée Lane-Kunz Chief Operating Officer Shapiro Sher Guinot & Sandler, P.A. 36 S. Charles Street, Suite 2000 Baltimore, Maryland 21201 firstname.lastname@example.org
Operator adheres to the highest standards in our e-mail marketing practices. When You choose to opt-into our e-mail communications and submit Your e-mail address to us, we will send You an e-mail requesting Your confirmation. If You do not click on the confirmation link in the e-mail, You will not be registered to receive our e-mails. This protects Your inbox from unwanted e-mails should someone else provide Your e-mail address, or should You change Your mind.
This Agreement shall be governed by the laws of the State of Maryland without reference to conflict of laws principles and without application of the Uniform Computer Information Transaction Act. You submit to the exclusive jurisdiction and venue of the state and federal courts located in Baltimore City, Maryland. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this AA Site must be filed within one (1) year after such claim or cause of action arose or be forever barred, and You expressly waive any other statute of limitation which otherwise may apply. You hereby irrevocably waive any right You may have to trial by jury in any such dispute, action or proceeding.
Except for Your failure to pay any fees owed Operator and/or disputes concerning a breach of the scope of the license granted herein, any other dispute arising out of, relating to or in any way connected with this Agreement, on written request of either party served on the other, shall be submitted to final and binding arbitration before a single arbitrator. If the parties are unable to agree on an arbitrator within thirty (30) days after a party has served notice of a request to arbitrate, then an arbitrator shall be selected by the American Arbitration Association pursuant to its then-current rules, within fifteen (15) days after the Parties are unable to agree on the arbitrator. Arbitration shall take place in the City of Baltimore in accordance with the Rules and Regulations of the American Arbitration Association (Commercial Division).
Links to Other Web Sites
Revisions and Consents
Operator reserves the right to revise, modify, alter and/or update the terms and conditions of this Agreement at any time and for no or any reason whatsoever without notice. Operator also reserves the right to make changes at any time to, or discontinue the use of, without notice or obligation, any of the Operator Technology (including, but not limited to, Information, products or services contained on or offered through the Operator Technology). Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated in this Agreement upon notice thereof, which may be given by any reasonable means, including, but not limited to, posting such changes on this AA Site or via electronic notice as described above. By continuing to enter this AA Site and/or using the Operator Technology, You acknowledge and agree that You shall be bound by any such revisions. Accordingly, You should periodically review the terms and conditions of this Agreement.
Operator retains the right, in Operator’s sole and absolute discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Operator reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at Operator’s discretion
Deep Links; Spidering
You shall not "deep-link" to this AA Site, meaning that You will not create, post, display, publish or distribute any link to any page other than the front (home) page of this AA Site, for any purpose, unless specifically authorized in writing by Operator. The use of any tools, programs, robotic algorithms or products to automatically download or "spider" this AA Site or any of the pages of this AA Site is expressly prohibited and infringes on Operator's intellectual property rights
Order of Precedence
The terms and conditions of this Agreement shall take precedence over any other terms and conditions or other agreement in existence that may conflict with any terms and conditions set forth herein
In the event that You gain access to Information not intended to be accessed by You, You agree that You will immediately notify Operator and lawfully destroy all copies of such information in Your possession. Operator may be contacted at email@example.com.
When You use this AA Site, which may be hosted in part or its entirety by a third party, the AA Site will collect information indirectly and automatically (through, for example, the use of “cookies” or Your “IP address,” (as defined hereinafter)) (about Your activities. Operator uses this activity information (excluding IP addresses the “Activity Information”), for internal purposes such as to administer this AA Site, improve this AA Site, and help Operator understand how this AA Site is being used including the demographics and “clickstreams” of its visitors. “Cookies” are small pieces of information stored on Your hard drive, not on this AA Site. You are always free to decline cookies if Your browser permits, but in that case, some portions of the AA Site may not operate properly. An “IP address” is a number that is automatically assigned to Your computer when You use the Internet.
Personally Indentifiable Information
Removal of Personally Identifiable Information
Operator will use reasonable efforts to remove Your Personally Identifiable Information from our then current AA Site at any time upon receipt of Your written request to firstname.lastname@example.org. Such removal of Personally Identifiable Information will not ensure the permanent removal of such Personally Identifiable Information from the AA Site. For example, such Personally Identifiable Information may remain in Operator’s archival or backup copies of this AA Site.
We may use the Information we collect to:
- Customize and/or personalize Your communications, surfing, viewing, and/or website experience
- Better respond to Your inquiries;
- Communicate with You about our events, and for other promotional purposes;
- Improve our business;
- Provide technical support to You; and
- Perform any other lawful acts except for those acts expressly prohibited by the terms and conditions set forth herein.
Additional Disclosure of Personally Identifiable Information
Operator uses commercially reasonable efforts to safeguard and secure Your personal information while stored on our computer systems. We use a variety of industry standard security measures, including encryption and authentication tools, to maintain the confidentiality of Your personal information. Your personal information is stored behind industry standard firewalls and is only accessible by a limited number of persons who are authorized to access such systems, and are required to keep the information confidential. Regardless of these efforts by us, no system connected to the internet can be guaranteed to be 100% secure. Operator uses commercially reasonable efforts to safeguard and secure the transmission of Your personal information from your computer to our computers.
Without notice, You agree that Operator, at its sole discretion, may temporarily or permanently terminate or modify Your access to and use of the Operator Technology (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by You or if Operator believes that You have violated or acted inconsistently with the terms and conditions of this Agreement. You agree that Operator shall not be liable to You or to any third party for any modification or discontinuance of Your use of or access to the Operator Technology. Your obligations under this Agreement shall continue even after Operator has terminated and/or cancelled this Agreement or Your access to the Operator Technology.
Miscellaneous Privacy Terms
If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions of this Agreement. You agree that if any part of the terms and conditions of this Agreement are found to be unenforceable, then the remainder of the terms and conditions of this Agreement will remain in full force and effect.
Operator's failure to insist upon or enforce strict performance of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any other provision, term or right set forth herein. Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms and conditions of this Agreement. Operator may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement or the rights granted herein to any party without the prior written consent of Operator. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.
Neither party will use the name of the other party in connection with any product, service, promotion, news release, report, or other publicity, oral or written, without the prior written permission of the other party.
Operator's status is that of an independent contractor. Operator is neither an agent nor an employee of you. Operator, its officers, directors and employees are not entitled to any benefits applicable to employees of you.
Print this Agreement
For record keeping purposes, Operator encourages You to print this Agreement and the ancillary documents described herein.
You agree that this Agreement, combined with Your act of using this AA Site and/or the services offered on or through this AA Site have the same legal force and effect as a written contract with Your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that You shall not challenge the validity, enforceability or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. In addition, You acknowledge that You have had the opportunity to print and read this Agreement.
Last Updated: April 10, 2008