TERMS AND CONDITIONS
IMPORTANT PLEASE READ THESE LEGAL NOTICES AND TERMS OF USE (THE“NOTICES AND TERMS”) CAREFULLY BEFORE ACCESSING THIS WEBSITE
The Notices and Terms create a legal agreement between you (
“You” or
“Your”) and SilvermanAcampora LLP (
“SilvermanAcampora”) that governs: (1) the information of SilvermanAcampora made available through this website (the
“Information”); (2) the nature of the relationship between You and SilvermanAcampora; (3) certain other matters of professional responsibility; (4) SilvermanAcampora’s use of Your information gathered by it through this website; and (5) Your use of this website, related systems, and the Information (collectively, the
“SilvermanAcampora Site”). By accessing any portion of the SilvermanAcampora Site, You are indicating that You have read and understood, and that You have accepted and assent to be bound by, these Notices and Terms, which may be amended from time to time by SilvermanAcampora pursuant to the terms herein. If You do not agree to these Notices and Terms, You are
not permitted to access the SilvermanAcampora Site.
1. 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 jurisdictions.
2. NO ATTORNEY-CLIENT RELATIONSHIP
SilvermanAcampora has a policy of entering into attorney-client relationships with its clients only in accordance with certain procedures which include, but are not limited to, executing an engagement letter and addressing professional responsibility conflicts as required by the Bar Associations of the states in which SilvermanAcampora maintains offices. You agree that Your access of the SilvermanAcampora Site or receipt of the Information, or Your transmission of electronic mail to addresses on the SilvermanAcampora Site, does not create an attorney-client relationship between You and SilvermanAcampora. Do not send SilvermanAcampora confidential information until you speak with one of our lawyers and receive our authorization to send that information to SilvermanAcampora. Providing information to SilvermanAcampora (via e-mail links on the SilvermanAcampora Site or otherwise) will not create an attorney-client relationship in the absence of an express agreement by SilvermanAcampora to create such a relationship, and will not prevent SilvermanAcampora from representing someone else in connection with the matter in question or a related matter. E-mail solicitations for
pro bono assistance are not accepted.
3. OTHER MATTERS OF PROFESSIONAL RESPONSIBILITY
3.1 No Advertising or Solicitation. Although the SilvermanAcampora Site is not intended to be an advertisement or solicitation, it may be deemed an
ADVERTISEMENT in certain jurisdictions. For purposes of the New York State Bar rules, this Site may be considered attorney advertising and the headquarters of SilvermanAcampora are SilvermanAcampora LLP, 100 Jericho Quadrangle, Suite 300, Jericho, New York 11753, 516.479.6300. Prior results described herein do not guarantee a similar outcome.
3.2 Sensitive Communications. You agree that electronic mail sent by You to SilvermanAcampora will not be treated as confidential or invoke an attorney-client privilege; provided, however, that if You are an existing client of SilvermanAcampora and You send an electronic mail to SilvermanAcampora pertaining to a matter in which SilvermanAcampora then represents You, such electronic mail 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 SilvermanAcampora cannot guarantee the confidentiality of any electronic mail sent to, or received by, it or any information submitted by You to SilvermanAcampora through the SilvermanAcampora Site.
3.3 Authorized Jurisdictions; Certifications. Although SilvermanAcampora practices law in the jurisdictions in which its offices are located as well as other jurisdictions, each SilvermanAcampora attorney is licensed to practice only in those jurisdictions set forth in that attorney’s biography on the SilvermanAcampora Site. Except as specifically stated, each SilvermanAcampora attorney is not certified (including as a specialist) by any professional or government authority. The listing of SilvermanAcampora attorneys in practice groups is not intended to indicate any professional or governmental certification.
3.4 Principal Office; Responsible Attorney. To the extent the requirements of the Bar Association in Your jurisdiction require such designation: SilvermanAcampora’s principal office is its Jericho, New York office. SilvermanAcampora’s responsible attorney for the SilvermanAcampora Site is Anthony C. Acampora.
3.5 No Warranty of Results. The Information may contain descriptions of matters in which SilvermanAcampora successfully represented its 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 SilvermanAcampora clients may not reflect the opinions of such clients.
3.6 IRS Circular 230 Disclosure. To comply with certain U.S. Treasury regulations, SilvermanAcampora informs You that, unless expressly stated otherwise, any U.S. federal tax advice contained in this communication, including attachments, was not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding any penalties that may be imposed on such taxpayer by the Internal Revenue Service. In addition, if any such tax advice is used or referred to by other parties in promoting, marketing or recommending any partnership or other entity, investment plan or arrangement, then (a) the advice should be construed as written in connection with the promotion or marketing by others of the transaction(s) or matter(s) addressed in this communication, and (b) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
4. PRIVACY
4.1 Privacy Generally. With respect to Information submitted or collected on the SilvermanAcampora Site, You accept SilvermanAcampora’s privacy policy as set forth in this Section 4. This Section 4 does not pertain to, and SilvermanAcampora is not responsible for, the privacy practices of any third party websites to which the SilvermanAcampora Site hyperlinks. Certain areas of the SilvermanAcampora Site may be subject to additional privacy related provisions, links to which will be posted in those areas. This Privacy Statement is based on the privacy and data protection principles common to the countries in which SilvermanAcampora operates. SilvermanAcampora applies it in light of our over-arching obligations to comply with law, to preserve client confidentiality, and to represent our clients as effectively as possible within the bounds of the law. This Statement is intended to summarize SilvermanAcampora’s data protection practices generally, and to advise our clients, interested law students, job applicants, SilvermanAcampora Site visitors, and other third parties about SilvermanAcampora’s privacy polices that may be applicable to them. This Privacy Statement is specifically addressed to parties outside SilvermanAcampora who provide personal information to SilvermanAcampora or who visit SilvermanAcampora’s Site.
4.2 Activity Logging. When You use the SilvermanAcampora Site, which may be hosted in part or in its entirety by a third party, the SilvermanAcampora Site will collect information indirectly and automatically (through, for example, the use of “cookies” or Your “IP address”) about Your activities. SilvermanAcampora uses this activity information (the
“Activity Information”) for internal purposes such as to administer the SilvermanAcampora Site, improve the SilvermanAcampora Site, and help SilvermanAcampora understand how the SilvermanAcampora Site is being used including the demographics and “clickstreams” of its visitors. A cookie is a text file sent by a SilvermanAcampora server and placed on Your computer by Your SilvermanAcampora browser. SilvermanAcampora’s extranet Sites use cookies to track logins and to filter data that a logged-in user has access to. This cookie also identifies users that have changed their initially-assigned default password. SilvermanAcampora uses this information to help customize the user’s experience on the Site, to provide security, and for the other purposes specified herein. You may reset your browser to refuse all cookies or to allow your browser to alert You when a cookie is set. However, if You select these settings You may be unable to access certain parts of SilvermanAcampora’s Site. Unless You have adjusted Your browser setting so that it will refuse cookies, our system will issue cookies when You logon to SilvermanAcampora’s Site.
4.2 Personally Identifiable Information. The SilvermanAcampora Site is designed so that You may generally browse it without providing any Personally Identifiable Information (defined below). Certain areas of the SilvermanAcampora Site, however, may require or allow the voluntarily submission of Personally Identifiable Information (for example, registration to receive SilvermanAcampora publications). SilvermanAcampora uses Your Personally Identifiable Information for the purposes for which it was submitted by You to SilvermanAcampora and for SilvermanAcampora to send You publications and invitations that may be of interest to You. Except as otherwise set forth in this Section 4, SilvermanAcampora does not share Your Personally Identifiable Information with third parties. “Personally Identifiable Information” means information that would allow someone to identify or contact You, such as Your name, physical or electronic mail address, and telephone number; provided, however, that Personally Identifiable Information does not include aggregated information that, by itself, does not permit the identification of individual persons and does not include the Activity Information.
4.3 Removal of Personally Identifiable Information. SilvermanAcampora will use reasonable efforts to remove Your Personally Identifiable Information from our then current SilvermanAcampora Site at any time upon Your written request to
AAcampora@SilvermanAcampora.com. Such removal of Personally Identifiable Information will not ensure the permanent removal of such Personally Identifiable Information from the SilvermanAcampora Site. For example, such Personally Identifiable Information may remain in SilvermanAcampora’s archival or backup copies of the SilvermanAcampora Site.
4.4 Additional Disclosure of Personally Identifiable Information. SilvermanAcampora may share Personally Identifiable Information with third parties, including affiliated firms and third parties performing services for or on behalf of SilvermanAcampora. Such services may include communications, database, event management, hosting, mailing, and marketing services. Additionally, SilvermanAcampora cannot fully ensure that Your Personally Identifiable Information will not be disclosed to third parties. For example, SilvermanAcampora may be legally obligated to disclose information to the government or third parties under certain circumstances, third parties may circumvent SilvermanAcampora’s security measures to unlawfully intercept or access transmissions or private communications, or an error may occur in the administration of the SilvermanAcampora Site. In the unlikely event that SilvermanAcampora needs to investigate or resolve possible problems or inquiries, SilvermanAcampora may, and You authorize SilvermanAcampora to, disclose any information about You to government officials as permitted by applicable law.
4.5 Miscellaneous Privacy Terms. SilvermanAcampora has implemented and follows appropriate technical measures to protect against the risks of unauthorized access to, erroneous disclosure of, and unlawful interception of Personally Identifiable Information. You should know, however, that SilvermanAcampora cannot fully eliminate such risks. SilvermanAcampora hopes this Section 4 clarifies SilvermanAcampora’s procedures regarding its collection, use, and disclosure of Your Information including Personally Identifiable Information. SilvermanAcampora provides appropriate and reasonable physical, procedural, and electronic information security measures to protect such personal information that is submitted to SilvermanAcampora. Personal information that is voluntarily submitted to SilvermanAcampora online, via electronic communication, or otherwise, may be maintained or accessed in servers or files located in the United States, which the European Union has not deemed to provide "adequate" privacy protection. If you do not consent to having your information processed and stored in the United States, please do not provide it to SilvermanAcampora. Questions or concerns regarding the privacy policy in this Section 4 may be submitted to
AAcampora@SilvermanAcampora.com.
4.6 Access. If You are an individual You may have certain rights under applicable data protection legislation which includes the right for You to review and correct the personal data SilvermanAcampora holds about You. SilvermanAcampora may charge You a fee to receive a copy of this data. For a copy of or reasonable access to Your personal data please
contact SilvermanAcampora.
4.7 Children. In order to respect the privacy of children online, SilvermanAcampora does not knowingly collect, maintain, or process Personal Information submitted by children under the age of 13.
4.8 Security. SilvermanAcampora maintains reasonable and appropriate physical, electronic and procedural safeguards intended to maintain the confidentiality of Personal Information provided by a visitor to this SilvermanAcampora Site. SilvermanAcampora does not guarantee that our safeguards will always work.
4.9 Changes. SilvermanAcampora reserves the right to change this Privacy Statement at any time without advance notice. Should any new policy go into effect, SilvermanAcampora will post it on the SilvermanAcampora Site.
4.10 Marketing. SilvermanAcampora likes to keep our clients, personnel, and other interested parties informed of legal developments of interest to them. If You do not want to receive publications or details of events or seminars that SilvermanAcampora considers of interest to You, please let SilvermanAcampora know by
sending an email with Your instructions.
4.11 Consultants, Suppliers and Vendors. In order to support its provision of legal services to its clients, from time to time, SilvermanAcampora may maintain business information about prospective or ongoing consultants, suppliers, and vendors. SilvermanAcampora uses this information for internal purposes and does not share this data with unrelated third parties.
SilvermanAcampora expects consultants, suppliers, and vendors to maintain data protections consistent with reasonable and appropriate obligations of data processors including, where applicable, the European Union’s Data Protection Directive (95/46/EC). Any prospective consultants, suppliers, or vendors with questions about our policies and expectations should contact SilvermanAcampora.
5. GENERAL TERMS OF USE
5.1 Prohibited Uses. You will not use the SilvermanAcampora Site in violation of any applicable law. Without limiting the foregoing, You will not use the SilvermanAcampora Site in connection with (a) the infringement of intellectual property rights including SilvermanAcampora’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 the SilvermanAcampora Site.
5.2 Copyright in Information. The SilvermanAcampora Site, including the Information, is protected by United States and international copyright laws. All rights are reserved. Subject to the terms of these Notices and Terms, SilvermanAcampora grants to You a limited, nonexclusive, personal license to access, view, download, and print the Information solely for noncommercial and informational purposes. You may not modify the Information in any way and You may not remove or obscure any copyright or permission notices provided on or in connection with the Information. SilvermanAcampora does not grant to You any rights in its marks. You are free to hyperlink to any page in the publicly available pages of the SilvermanAcampora Site; provided, however, that You agree to remove any such hyperlink upon SilvermanAcampora’s written request.
5.3 Electronic Mail. Subject to Section1, Section 2 and Section 5.1, You may send electronic mail to those addresses made available on the SilvermanAcampora Site for the purposes of requesting alerts or other news notification services, submitting voluntary survey responses, responding to or making inquiries regarding SilvermanAcampora events, requesting information regarding SilvermanAcampora or legal or other services offered by SilvermanAcampora, and inquiring about employment opportunities. You agree to cease sending electronic mail to any SilvermanAcampora address upon SilvermanAcampora’s request.
5.4 No Warranties. THE SILVERMANACAMPORA SITE IS PROVIDED TO YOU “AS IS.” YOUR ACCESS AND USE OF THE SILVERMANACAMPORA SITE IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY THE LAW AND RULES OF PROFESSIONAL RESPONSIBILITY IN THE APPLICABLE JURISDICTION, SILVERMANACAMPORA DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, QUIET ENJOYMENT, AND UNINTERRUPTED OR ERROR FREE OPERATION.
5.5 Disclaimer of Liability. TO THE EXTENT PERMITTED BY THE LAW AND RULES OF PROFESSIONAL RESPONSIBILITY IN THE APPLICABLE JURISDICTION, SILVERMANACAMPORA 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 THE SILVERMANACAMPORA SITE. YOUR USE OF THIS SILVERMANACAMPORA SITE IS AT YOUR OWN RISK. THE MATERIALS PRESENTED ON THIS SITE MAY NOT REFLECT THE MOST CURRENT LEGAL DEVELOPMENTS, VERDICTS OR SETTLEMENTS. THESE MATERIALS MAY BE CHANGED, IMPROVED, OR UPDATED WITHOUT NOTICE. SILVERMANACAMPORA IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE OR FOR DAMAGES ARISING FROM THE USE OR PERFORMANCE OF THIS SITE UNDER ANY CIRCUMSTANCES.
5.6 Third Party Information. SilvermanAcampora may hyperlink to or otherwise make third party information available on the SilvermanAcampora Site. This is done solely for the purposes of convenience. SilvermanAcampora does not endorse or approve of any such third party information or such third parties.
5.7 Miscellaneous. You agree that any dispute arising out of or in connection with the SilvermanAcampora Site or these Notices and Terms will be governed by the laws of the State of New York without reference to conflict of laws principles that would require the application of the laws of any other jurisdiction, and You submit to the exclusive jurisdiction and venue of the state and federal courts located in Nassau County, New York. In the event that You gain access to information not intended to be accessed by You, You agree that You will immediately notify SilvermanAcampora and lawfully destroy all copies of such information in Your possession.
Copyright Notice
© 2010 SilvermanAcampora LLP. All rights reserved. SilvermanAcampora claims a copyright in all proprietary and copyrightable text, graphics, and computer code on this SilvermanAcampora Site, the overall design of this Site, and the selection, arrangement and presentation of all information and materials on this Site, including information in the public domain.
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