THE 'NOT SO SMALL PRINT'- READ IT
AGREEMENT FOR USE OF THIS SITE
This agreement will constitute a binding and enforceable agreement between Vincent J. Kostiw, Kostiw Law Group, PC and/or an affiliated law firm(the “Firm”) and you (individually and in your individual capacity as an employee, officer, agent, partner, etc. of each organization you represent in connection with any use of the Firm website). By using the Firm website and/or any services provided by the Firm, you acknowledge and agree that you have fully read and agree to be bound by the provisions of this agreement, exactly as if it were printed on paper and signed by you. If you do not agree to be bound by this agreement in its entirety, then you must immediately stop using the Firm websites and all Firm services.
Disclaimer
No Legal Advice. This website all pages thereto and content therein are provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. Any information contained in this website should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter. No recipient of content from this website nor any portion thereof (whether clients or otherwise) should act or refrain from acting on the basis of any content included in, or accessible through, this website without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient's state, country or other appropriate licensing jurisdiction.
No Attorney-Client Relationship. No attorney-client relationship will be formed based on your use of this website or any services provided through this website. Information that you provide through this website will not be treated as confidential or proprietary unless the Firm or any licensed individual or entity thereof or licensed affiliate thereto expressly agrees to treat such information in such manner. we are not your attorneys unless we have signed a fee agreement with you, that was prepared by us.
Risks of Doing Business on the Internet. You acknowledge and agree that electronic communications and databases are subject to errors, tampering and break-ins and that, notwithstanding the Firm's implementation of reasonable security precautions, the Firm does not, nor does any entity or individual that is part of the Firm, guarantee or warrant that such events will not take place. You agree to follow all access and security procedures provided by the Firm, from time to time, and will not attempt, nor will you aid or abet any other person in any attempt, to circumvent or otherwise interfere in any way with any security precautions or measures of the Firm.
Links to Third-Party Websites. The Firm website may include hyperlinks to third-party websites. Except with respect to other Firm websites which currently exist or may exist in the future, the Firm is not, nor is any entity that is part of the Firm, responsible for, and makes no representations or endorsements with respect to, any such website, or with respect to any product or service that may be provided by or through such websites. You should be aware that such websites, products or services may be provided subject to privacy policies, acceptable use policies or other terms of use that differ substantially from the provisions of this agreement, and you should consult such terms of use before using such websites, products or services.
Affiliation of Local Counsel In the event that any client requires representation in any jurisdiction in which the Firm does not employ licensed counsel, the Firm represents that it will affiliate with local counsel licensed in such jurisdiction, and may share confidential information of such client strictly within the confines of such affiliation and in order to satisfy jurisdictional requirements in the representation of such client. Both the Firm and such affiliated counsel will endeavor to treat such information as confidential unless otherwise provided by such client or as may be required by law.
NO WARRANTIES. THE FIRM PROVIDES THE FIRM WEBSITE AND ALL CONTENT AND SERVICES SOLELY ON AN "AS-IS/AS-AVAILABLE" BASIS. SAVE TO THE EXTENT REQUIRED BY ANY MANDATORY APPLICABLE LAW, NONE OF THE FIRM WEBSITES, CONTENT OR SERVICES ARE SUBJECT TO ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. THE FIRM DOES NOT, NOR DOES ANY ENTITY OR INDIVIDUAL THAT IS PART OF THE FIRM, GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR SERVICES. IN ADDITION, THE FIRM DOES NOT, NOR DOES ANY ENTITY OR INDIVIDUAL THAT IS PART OF THE FIRM, GUARANTEE THAT PROVISION OF ANY FIRM WEBSITE OR ANY SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY SERVICE WILL CONTINUE TO BE AVAILABLE.
Acceptable Use Policy
Downloading Content. The Firm grants you a revocable, nontransferable, nonexclusive license to view and print through your browser copies of articles, contact information and other such content, solely for your individual or internal business use; provided, that you do not: (a) remove any copyright notice, trademark notice or other intellectual property notice from any copy of any such content, or (b) accept any consideration in exchange for any such content, or for services provided using any such content (including legal services) to any third party.
Links to Firm Websites. The Firm grants you a revocable, nontransferable, nonexclusive license to include a hyperlink on your own website to the home page of the Firm website; provided, that you do not: "deep link" to any other page of any Firm website; "frame" any Firm website page, material or any content, or otherwise cause the Firm website or any related content to appear in a window with any other material; cause the hyperlink or the Firm Website to be displayed in any way that is disparaging to the Firm, or any entity that is part of the Firm; or, otherwise imply or state that any type of relationship or special arrangements exist with the Firm, or any entity that is part of the Firm, that have not been approved in writing by the Firm. You agree that you will promptly remove any hyperlink to any Firm Website upon written request from the Firm to do so. In no event will you use the Firm's logo or any other trademark as a hyperlink "button" or in any manner without the Firm's express written consent.
Indemnification. The Firm provides the Firm website, content and services solely as an accommodation to you, and the Firm and each entity that is part of the Firm will not accept any risks arising from your use thereof. As such, you will indemnify, defend and hold harmless the Firm, each entity that is part of the Firm, and their respective partners, employees, vendors and agents, from and against any and all claims that arise from or relate to: your use of the Firm website, content or service; the Firm's use of any posting, information or other material that you upload or send to, or post on, the Firm website; or your breach of any provision of this agreement.
Intellectual Property
Firm Content. All of the content, including, but not limIted to, all text, graphics, video and sounds on the Firm website, and all computer code associated therewith, are the valuable proprietary property of the Firm, its licensors and contributors, and are subject to copyright, trademark and other intellectual property protection. You acknowledge and agree that the Firm has expended substantial time and effort to create the Firm website, and the content and services provided through the Firm website, and that the Firm exclusively owns or has been licensed by third parties to use and sublicense all rights, title and interest therein and all associated information, data, databases, images and other material.
Limitations of Liability
NO LIABILITY FOR DAMAGES. EXCEPT AS REQUIRED BY ANY APPLICABLE MANDATORY LAW, IN NO EVENT WILL THE FIRM AND/OR ANY OTHER INDIVIDUAL OR ENTITY THAT IS PART OF THE FIRM, OR ANY OF THEIR RESPECTIVE PARTNERS, EMPLOYEES, VENDORS OR AGENTS, BE LIABLE WITH RESPECT TO THIS AGREEMENT, ANY FIRM WEBSITE, ANY CONTENT OR ANY SERVICE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY LOSS OF PROFITS, DATA, OPPORTUNITY, SAVINGS OR INTEREST, OR ANY PENALTIES OR ASSESSMENTS IMPOSED UNDER APPLICABLE TAX LAWS OR OTHERWISE, EVEN IF THE FIRM AND/OR ANY OTHER INDIVIDUAL OR ENTITY THAT IS PART OF THE FIRM, OR ANY OF THEIR RESPECTIVE PARTNERS, AFFILIATES, EMPLOYEES, VENDORS OR AGENTS HAS BEEN ADVISED OF THE LIKELIHOOD THEREOF.
AGGREGATE LIABILITY. EXCEPT AS REQUIRED BY ANY APPLICABLE MANDATORY LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE FIRM AND ANY OTHER INDIVIDUAL OR ENTITY THAT IS PART OF THE FIRM, OR ANY OF THEIR RESPECTIVE PARTNERS, AFFILIATES, EMPLOYEES, VENDORS AND AGENTS WITH RESPECT TO ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT, ALL FIRM WEBSITES, ALL CONTENT AND ALL SERVICES EXCEED AN AMOUNT EQUAL TO ONE HUNDRED UNITED STATES DOLLARS.
Miscellaneous
Jurisdiction. This Agreement will be governed by the laws of the State of Nevada, without regard to its rules of conflict of laws. The state and federal courts located in Clark County, Nevada, will have exclusive jurisdiction over any case or controversy arising from or relating to this agreement, the Firm website, its content or any services provided by the Firm. Each party hereby consents irrevocably to personal jurisdiction in such courts with respect to any and all such matters, and waives any defense of forum non conveniens with respect to such courts. Notwithstanding the foregoing, either party may seek appropriate injunctive relief from any court having jurisdiction. Each party will and hereby does knowingly and voluntarily waive any right to a trial by jury in any case or controversy arising from or relating to this agreement.
Assignment. Your rights and obligations under this agreement are personal to you and may not be assigned to any other party.
Force Majeure. The Firm will not, nor will any entity that is part of the Firm, be deemed to be in breach of this Agreement for any failure or delay in performance caused by reasons beyond its reasonable control, including any natural calamity, act of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, disruption or outage of communications, power or other, failure to perform by any supplier or other third party, or any other cause beyond the reasonable control of the Firm (or any entity that is part of the Firm).
Waiver. The Firm will not, nor will any individual or entity that is part of the Firm, be deemed to have waived any breach by you of this agreement, except by a written waiver expressly so stating, and such waiver will not be construed as a waiver of subsequent or continued breaches.
Severability. If any provision of this agreement is held to be invalid or unenforceable, such invalidity or unenforceability will be limited to the maximum extent permissible, and the other provisions of this agreement will remain in full force and effect.
Complete Understanding. This agreement constitutes the final and complete agreement between the parties regarding the subject matter hereof, and supersedes any prior or contemporaneous communications, representations or agreements between the parties relating to the subject matter hereof, except as such agreement may be amended or superseded by an engagement agreement between you and the Firm.
Please call us today to schedule a consultation so that we may help you further your goals.
702.736.7774
Learn More
-
Photography and Image Rights.
So you went on vacation and took some great photographs with your new digital camera. Some are of famous buildings, some have people in them, some don’t. You post them on your website and get comments from your friends about how great the photos are and that you should sell them to a magazine.
-
Copyright Preregistration.
Copyright preregistration is a service intended for works that have had a history of prerelease infringement. Copyright preregistration focuses on the infringement of movies, recorded music, and other copyrighted materials before copyright owners have had the opportunity to fully complete or market their products.
-
Internet Domain Names as Trademarks.
Registering and using a domain name is easy, just be the first person to register it, or purchase the registration rights from someone else. As long as you pay your registration fee each year you can use the domain name as you wish, provided you are not breaking the law or infringing on another’s rights. However, using a domain name in commerce to the point that it can receive federal trademark registration is not so easy, and in some cases not possible.
-
Obscenity Laws.
With the ever shortening attention span of the public, entertainers and entertainment providers keep pushing the envelope, presenting content that is often more “edgy” and outrageous than ever. Content that was taboo just a decade ago is finding its way not only into satellite/cable broadcasting but also onto the public airwaves as part of popular primetime traditional network programs.