Terms and conditions of Use as of April 30, 2020
Welcome to IP In Brief. These Terms and Conditions of Use (“Terms”) apply to you when you view, access or otherwise use the website located at http://www.ipinbrief.com (the “website “), which is owned and operated by Andrew Berger (the “author”). Please read this agreement carefully before using IP In Brief. The author grants you a nonexclusive, nontransferable, limited right to access, use and display the materials provided here if you comply fully with these Terms. If you do not agree to these terms and conditions, you are not authorized to, and may not, access the website and should exit immediately.
References to “you” mean the user of this website, both individually and as a representative of any organization on whose behalf you may be accessing the website. You indicate your agreement to the Terms and Privacy Policy and will be legally bound by them by accessing or using any part of the website.
1. No Attorney Client Relationship and No Substitute for Legal Advice.
(a)The author provides this website for educational and informational purposes only. The author is a lawyer and is counsel to the New York firm of Leichtman Law PLLC (“Leichtman”). The website is published by the author as an individual. The website does not represent the views of Leichtman or its clients.
(b) This website does not offer legal advice and should not be considered as a substitute for that advice or a legal opinion in response to a specific set of facts and should not be relied on for that purpose. Further, the website does not establish or create an attorney-client relationship between the user of the site and the author or between the user and Leichtman. Moreover, by using the website, you agree the information on it does not constitute legal or other professional advice and you will not rely on the information for that purpose. For legal assistance, please contact an attorney who is licensed to practice in your jurisdiction.
(c) The information on the website may be changed without notice and may not and is not guaranteed to be complete, correct or up-to-date. Further, as set forth more fully in 7(a) below, the author provides no warranty relating to any information published on this website. While the author may revise the information on this website on a regular basis, the information may not reflect the most current legal developments. The opinions expressed at or through the website are the opinions of the author or those of the guests whose posts may appear on the website. The opinions do not reflect the opinions of Leichtman or any attorney in that firm or any client of that firm.
2. Copyright Notice.
All materials and software published on or used on the website are protected by copyright, and are owned or controlled by or licensed to the author 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 MATERIALS OR SOFTWARE IS PROHIBITED. You may download and share any downloadable materials displayed on the website only for personal, noncommercial, educational and informational purposes, provided that you do not modify the documents and provided you maintain and respect all copyright, trademark and other notices contained in that material or if none, you include the following copyright notice in any downloaded materials: 2020 IP In Brief. All rights reserved.
3. Copyright Notification.
The author respects the intellectual property rights of others. Upon notice to the author, he will remove any content posted on the website that violates copyright, patent, trademark or privacy law or suspend access to the website to any user who uses the website in violation of any applicable law.
4. Links to Other Blogs, Websites and/or Materials.
Links may appear on the website linking to other blog(s) or websites. The author provides these links as a courtesy to website visitors. The author has no control over the linked sites or the materials, information, goods or services available or contained on these linked sites. The author is not responsible for and does not endorse or warrant in any way any materials, information, goods or services available through those linked sites or any privacy or other practices of those sites. If you decide to access any of the linked sites, you do so at your own risk. The author reserves the right to terminate any link at any time. The inclusion of a link does not imply endorsement of the site or any association with its operators or owners.
5. Prohibited Actions.
You agree not to interrupt, or attempt to interrupt, the operation of the website in any way. Unauthorized use or modification of any information stored on the website may result in criminal and/or civil prosecution under federal, state and local law. You may not use the website for anything other than a lawful and legitimate purpose. You agree not to use the website to carry out any unauthorized alteration of any content, data or information on the website or to conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You agree not to restrict or inhibit any other user from using and enjoying any service conducted on the website. The author reserves the right to limit or deny your access to the website or take other appropriate action if you violate any provision of these Terms or if you conduct any activity that violates the rights of any person or entity or which the author in his sole discretion deems unlawful, offensive, threatening, abusive or potentially harmful or malicious.
6. Modification of Terms and Conditions of Use.
The author reserves the right to revise these Terms at any time by updating this posting. Your continued use of the website following the posting of revisions constitutes your acceptance of and agreement to comply with the revisions. Please check these pages from time to time for changes and updates.
7. Disclaimer; Limitation of Damages.
(a) The author expressly disclaims all liability for any viruses or other contamination of your computer system or any other device you use to access this website resulting from your use of this website and expressly disclaims all liability for actions you take or do not take based on any or all of the contents or information on this website. THE WEBSITE 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, ANDREW BERGER MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE.
(b) USE OF THE WEBSITE 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 WEBSITE.
8. Applicable Laws; Venue.
The author operates the website from his offices in New York City and makes no representations that materials in the website are appropriate or available for use in other locations. The display of the website alone does not subject the author to any specific jurisdiction. Access to the website from any territory where the content is illegal is prohibited. If you choose to access the website 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. Any claim related to the use of the website or to the materials on it 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 in this state. Any action arising out of or related to the access, use, content, or existence of this website 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 website 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.
9. Communicating With the Author.
When communicating with the author through this website, you should not provide him with any confidential information concerning any potential or actual legal matter you may have. Before providing any such information, you must obtain approval from the author to do so. By choosing to communicate with the author without that prior approval, you understand and agree the author will have no duty to keep confidential any information you provide.
10. Discontinuance of the Website.
The author reserves the right to modify or discontinue the website without notice. You acknowledge that the author does guarantee continuous, uninterrupted or secure access to the website and that its operation may be interfered with or affected by numerous circumstances beyond the author’s control.
11. Unenforceability of any Terms.
If any of the Terms are found to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provisions) shall not be affected and shall remain valid and enforceable to the maximum possible extent.