Terms of Service

Last updated on October 13, 2018

OVERVIEW

Using www.KarlDowdenLaw.com means agreeing to our terms.

If you have any questions about any part of these terms, contact us by emailing [email protected]

Acceptance of Terms

a.) KarlDowdenLaw, PLLC (“Karl Dowden Law”, “we”, “us” and/or “our”) maintains its website located at www.KarlDowdenLaw.com (the “Site”). Your use of this website is subject to this Terms of Service agreement (“TOS”). By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this TOS, in which case the terms “you” or “your” shall refer to such entity and its affiliates.

b.) Karl Dowden Law may change this TOS from time to time by posting any changes under the TOS link on the Site. The revised terms and conditions will become effective after we post such changes, and if you use the Site, your use will constitute acceptance of the revised terms and conditions.

 

General Conditions / Access and Use of the Site

a.) The Site is maintained and operated by Karl Dowden Law as a resource to be used by the public for general information and educational purposes only. All rights, title and interest in and to the Site and its components will remain with and belong exclusively to Karl Dowden Law. You shall not: (i) license, sell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Site, or any portion thereof, available to any third party in exchange for monetary consideration; (ii) use the Site in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Site or its components; (iii) modify, adapt or hack the Site to, or otherwise attempt to gain unauthorized access to the Site or its related systems or networks; or (iv) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code; or (v) use the Site for the purpose of gathering information for unsolicited commercial email, telephone calls or facsimile transmissions. You shall comply with any reasonable codes of conduct, policies or other notices Karl Dowden Law provides you or publishes in connection with the Site, and you shall promptly notify Karl Dowden Law if you learn of a security breach related to the Site.

b.) You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store in connection with or relating to the Site (“Your Content”).

c.) You understand that the operation of the Site, including Your Content, may be unencrypted and involve: (i) transmissions over various networks; (ii) changes to conform and adapt to technical requirements of connecting networks or devices; and (iii) transmission to Karl Dowden Law’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Site. You acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content.  Karl Dowden Law will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.

d.) The failure of Karl Dowden Law to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and Karl Dowden Law, even though it is electronic and is not physically signed by you and Karl Dowden Law, and you further acknowledge that it governs your use of the Site.

Representations and Warranties

You represent and warrant to Karl Dowden Law that: (i) you have full power and authority to enter into this TOS; (ii) you own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in your activities (and to allow Karl Dowden Law to perform its obligations) in connection with the Site without obtaining any further releases or consents; (iii) Your Content and other activities in connection with the Site, and Karl Dowden Law’s exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iv) you are eighteen (18) years of age or older.

Miscellaneous

If any provision of this TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOS will otherwise remain in full force and effect and enforceable. Both parties agree that this TOS and the Privacy Policy, as applicable, are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the Site, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise expressly provided elsewhere herein. No attorney-client relationship, agency, partnership, joint venture, or employment is created as a result of this TOS or your use of the Site and you do not have any authority of any kind to bind Karl Dowden Law in any respect other than pursuant to a signed writing between the parties. In any action or proceeding to enforce rights under this TOS, the prevailing party will be entitled to recover costs and attorneys’ fees.

Governing Law

This TOS shall be governed by the laws of the State of New York without regard to the principles of conflicts of law. Unless otherwise elected by Karl Dowden Law in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of New York, County of Westchester, for the purpose of resolving any dispute relating to your access to or use of the Site.

Privacy

Karl Dowden Law’s collection and use of personal information and other data is subject to Karl Dowden Law’s Privacy Policy at karldowdenlaw.com/privacy-policy.

DMCA

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Karl Dowden Law will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Karl Dowden Law’s Copyright Agent at [email protected] (subject line: “DMCA” Takedown Request”). You may also contact us by mail or facsimile at:

Attention: Copyright Agent, Karl Dowden Law, 445 Hamilton Avenue, Suite 1102, White Plains, New York 10601

Notice: To be effective, the notification must be in writing and contain the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  • a statement duly notarized by you, made under penalty of perjury, that the above information in your 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.