Disclaimer

December 17, 2008

These Terms and Conditions of Use apply to you when you view, access or otherwise use the blog located at http://schlissellaw.wordpress.com (the “blog”). The blog is owned by The Law Office of Elliot S. Schlissel (“the firm”). We grant you a nonexclusive, nontransferable, limited right to access, use and display the blog and the materials provided hereon, provided that you comply fully with these Terms and Conditions of Use.

1. No Attorney Client Relationship. We provide this blog for general informational purposes only. Because we are a law firm and some of the information on the blog relates to legal topics, we want you to understand that we do not create an attorney client relationship with you when you use the blog. By using the blog, you agree that the information on this blog does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and the firm. Do not consider the blog to be a substitute for obtaining legal advice from a qualified attorney licensed in your state. The information on the blog may be changed without notice and is not guaranteed to be complete, correct or up-to-date. While we try to revise the blog on a regular basis, it may not reflect the most current legal developments. The opinions expressed at or through the blog are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

2. Privacy.

Your use of the blog constitutes your consent to the firm’s privacy policy posted in this disclaimer.

3. Copyright Notice.

All materials and software published on or used on the blog are protected by copyright, and are owned or controlled by or licensed to the firm, or the party listed as the provider of the materials or software. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL IS PROHIBITED. You may download any downloadable materials displayed on the blog only for personal, noncommercial and informational purposes, provided that the documents are not modified and provided you maintain and abide by all copyright, trademark and other notices contained in such material or if none, you include the following copyright notice in such downloaded materials:

Copyright 2009 The Law Office of Elliot S. Schlissel. All rights reserved. All use subject to Terms and Conditions of Use set forth in this disclaimer.

4. Copyright Notification.

The firm respects the intellectual property rights of others. Upon proper notice, the firm will remove user posted comments, posts, messages, or other submissions on or to the Blog that violate copyright law, or suspend access to the Blog (or any portion thereof) to any user who repeatedly uses the Blog in violation of copyright law.

Pursuant to 17 U.S.C. § 512, the firm has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been used in a way that constitutes copyright infringement, please send the firm a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit the firm to locate the material on the Blog; (c) information reasonably sufficient to permit the firm to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Please provide us with a notice that includes all of the above enumerated information (“Notice of Infringement”) and fax or mail it to the firm at:

Law Office of Elliot S. Schlissel
479 Merrick Road
Lynbrook, NY 11563
Fax: 516-561-6716

By submitting a Notice of Infringement, you acknowledge and agree that the firm may forward your Notice of Infringement and any related communications to any users who posted the material identified in such notice.

5. Commercial Use of the firm’s blog Materials and Screen Shots.

Reproduction, copying, or redistribution of materials on the firm’s blog for commercial purposes is prohibited without the express written permission of the firm. Any use, reproduction, or distribution of material on this blog which constitutes the personal information, property, or photograph or other depiction of any particular firm attorney may also be subject to state and federal privacy and other laws requiring the specific written consent of the individual attorney. To obtain permission to copy portions of this blog, please send email to benjaminwolf@ymail.com and provide the following information in the body of the email:

*the content you wish to use;
*where, when and how it will be used (for example, a seminar, newsletter or news article);
*where and how copies will be distributed and to what audience;
*how many copies will be produced and distributed;
*what other materials will be associated with the firm’s content; and
*your name, title, company, address, email address and phone number.

We will evaluate and respond to your request as soon as possible. The firm reserves the right to refuse permission to copy, distribute, broadcast, or publish any of its copyrighted material, including text and images on our blog.

6. Service Mark Notice.

“The Law Office of Elliot S. Schlissel” and other related marks are service marks of the firm and are protected by law. They may be used publicly only with permission from the firm. Fair use of the service marks requires proper acknowledgment. ALL RIGHTS RESERVED.

7. Links to Other Blogs, websites and/or Materials.

Links may appear on the blog that may be used to link to other blog(s) or websites. These links are provided solely as a courtesy to our blog visitors. The firm has no control over the linked sites or the materials, information, goods or services available or contained on these linked sites. the firm is not responsible for and does not endorse or warrant in any way any materials, information, goods or services available through such linked sites or any privacy or other practices of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. The firm reserves the right to terminate any link at any time.

8. Prohibited Actions.

You agree not to interrupt, or attempt to interrupt, the operation of the blog in any way. Unauthorized use or modification of any information stored on the blog may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the blog for anything other than a lawful and legitimate purpose. You agree not to use the blog to carry out any unauthorized alteration of any data or information on the blog or to conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the blog. The blog is not intended for use by anyone under the age of 19. We reserve the right to limit or deny your access to the blog or take other appropriate action if you violate any provision of these Terms and Conditions of Use or if you conduct any activity that violates the rights of any person or entity, or which we in our sole discretion deem unlawful, offensive, threatening, abusive or potentially harmful or malicious.

9. Modification of Terms and Conditions of Use.

The firm reserves the right to revise these Terms and Conditions of Use at any time by updating this posting. Your continued use of the blog constitutes your agreement to comply with such revisions, so you should visit this page from time to time.

10. Email May Not Be Used to Provide Notice.

Communications made through the blog’s e-mail and messaging system shall in no way be deemed to constitute legal notice to the firm or any of its officers, employees, agents or representatives, such as where notice to the firm is required by contract, or any federal, state or local laws, rules or regulations.

11. Disclaimer; Limitation of Damages.
(a) The firm expressly disclaims all liability for any viruses or other contamination of your computer system or other device used to access this blog as a result of your use of this blog, and expressly disclaims all liability for actions taken or not taken based on any or all of the contents of this blog. THE BLOG IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SHEPPARD MULLIN MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE BLOG WILL BE UNINTERRUPTED OR ERROR FREE.

(b) USE OF THE BLOG IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE BLOG.

12. Applicable Laws.

Venue. The firm operates the blog from its offices in California and makes no representations that materials in the blog are appropriate or available for use in other locations. The display of the blog alone does not subject the firm to any specific jurisdiction. Access to the blog from any territory where the content is illegal is prohibited. If you choose to access the blog from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations. You may not use or export any of the blog materials in violation of U.S. export laws and regulations. Any claim related to the use of the blog or to the blog materials shall be governed by, construed and enforced in accordance with the laws of the State of New York as applied to agreements made and to be performed entirely therein. Any action arising out of or related to the access, use, content, or existence of this blog shall be filed only in the appropriate state or federal court located within the State of New York. The access, viewing or use of this blog constitutes the user’s express permission and consent to the jurisdiction of the state and/or federal courts of the State of New York for purposes of such actions.

Neither the content on this blog nor any transmissions between you and the firm through this blog are intended to provide legal or other advice or to create an attorney-client relationship.

In communicating with us through this blog, you should not provide any confidential information to us concerning any potential or actual legal matter you may have. Before providing any such information to us, you must obtain approval to do so from one of our lawyers.

By choosing to communicate with us without such prior approval, you understand and agree that the firm will have no duty to keep confidential any information you provide.

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3 Responses to “Disclaimer”


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