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Terms
of Use constitute
an agreement ("Agreement") made between Rollins, Smalkin, Richards &
Mackie L.L.C. ("RSR&M") and any person accessing RSR&M's website ("You")
with respect to your use of RSR&M's website ("the Site").
BY ACCESSING, VIEWING OR USING ANY PART OF THE SITE, YOU EXPRESSLY
AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU DO NOT
HAVE RSR&M's PERMISSION TO ACCESS, VIEW, OR USE ANY PART OF THE SITE.
ANY SUCH UNAUTHORIZED USE VIOLATES RSR&M'S RIGHTS IN THE SITE AND IS
PROHIBITED BY THIS AGREEMENT.
1.
LIMITATIONS
a. Security.
You shall be solely responsible for the security, confidentiality, integrity,
and use of all messages and/or the content that You transmit to the
Site.
b. Privacy. When reasonable, RSR&M will
attempt to respect your privacy. RSR&M will not monitor, edit, or disclose
any personal information about You, including your use of the Site,
without your prior consent unless RSR&M has a good faith belief that
such action is necessary to:
(i) comply with legal process or other legal requirements of
any governmental authority;
(ii) protect and defend the rights or property of RSR&M;
(iii) enforce this Agreement;
(iv) protect the interests of users of the Site other than You
or any other person; or (v) operate or conduct maintenance and repair
of RSR&M's services or equipment, including the Site as authorized by
law. You have no expectation of privacy with respect to the Internet
generally or this Site in particular.
c. Site Content. RSR&M makes information
available on this Site as a service to our clients and other friends
for informational purposes only. The materials on this Site are not
intended to constitute advertising, solicitation or legal advice, and
transmission of the information from this Site is not intended to, nor
does it, create an attorney–client relationship between RSR&M and You
or anyone else. This Site is not intended to be used as a substitute
for specific legal advice, nor should You consider it as such. You should
not act (or refrain from acting) based upon information in this Site
without obtaining professional advice regarding your particular facts
and circumstances.
d. Creation of an Attorney–Client Relationship. Simply
contacting RSR&M by email or otherwise will not establish an attorney–client
relationship between You and RSR&M unless and until a partner in RSR&M
expressly and explicitly agrees IN WRITING that the firm will undertake
an attorney–client relationship with You. As a result, You should not
transmit any confidential or sensitive information to RSR&M until a
formal attorney–client relationship has been established.
e. Confidentiality of Information Transmitted to
RSR&M. You also should be aware that if You send messages to
RSR&M (or any of its attorneys, staff, employees, agents or representatives)
through Internet electronic mail or through the RSR&M home page, such
means are not secure, and RSR&M does not guarantee the confidentiality
of such communications. RSR&M does not agree to accept and/or maintain
the secrecy of any unsolicited information You send to RSR&M except
if an attorney–client relationship currently exists between You and
RSR&M. No attorney–client relationship is created unilaterally by your
sending to RSR&M any information You consider to be confidential.
f. Changes. RSR&M reserves the right to change, modify,
add or remove any portion of this Agreement, in whole or in part, at
any time in our sole and absolute discretion. Changes in this Agreement
will be posted on this Site. Your continued use of this Site after any
changes are made, shall be deemed your acceptance of the changes.
2. COPYRIGHT
The contents of the Site are only for your personal, informational and
noncommercial use. All materials contained on the Site are protected
by copyright and are owned or controlled by RSR&M or the party credited
as the provider of the content. You agree to abide by any and all additional
copyright notices, information, or restrictions contained in any part
of the Site.
3. DISCLAIMER OF WARRANTIES
The site is provided "as is" without warranty of any kind, express or
implied. Use of the site is at your sole risk. RSR&M does not warrant
that the site will be uninterrupted or error free, nor does RSR&M make
any warranty as to any results that may be obtained by use of the site.
RSR&M makes no other warranties, express or implied, including, without
limitation, any implied warranties of merchantability or fitness for
a particular purpose, in relation to the site. The materials on this
site are provided as general information RSR&M does not represent, warrant
or guarantee that the materials are complete, accurate or up–to–date.
Nor is RSR&M responsible for any third party content that may be accessed
through this site, and reference to third party information, products
or services at this or any linked site does not constitute an express
or implied warranty or endorsement by RSR&M.
4. LIMITATION OF LIABILITY
Under no circumstances shall RSR&M be liable to you or any other
person for any indirect, incidental, consequential, special or punitive
damages for any matter arising from or relating to this Agreement, the
site of the internet generally, including but not limited to, your use
of inability to use the site, any changes to or inaccessibility of the
site, delay, failure, unauthorized access to or alteration of any transmission
or data, any material or data sent or not sent or received, any transaction
or agreement entered into through the site , or any data or material
from a third person accessed on or through the site, whether such liability
is asserted on the basis of contract, tort or otherwise.
5. INDEMNIFICATION
You agree to indemnify, hold harmless and defend RSR&M, its partners,
directors, officers, employees and agents from and against any action,
cause, claim, damage, debt, demand or liability, including reasonable
costs and attorneys' fees, asserted by any person, arising out of or
relating to: (a) your use of the Site, including any data or work transmitted
or received by You; and (b) any unacceptable use of the Site, including,
without limitation, any statement, data or content made, transmitted
or republished by You which is prohibited.
6. MISCELLANEOUS
a. Severability. If any provision of this Agreement is
determined to be illegal or unenforceable, then such provision will
be enforced to the maximum extent possible and the other provisions
will remain fully effective and enforceable.
b. Notice. All notices shall be in writing and shall be
deemed to be delivered when sent by e–mail to either parties' last known
e–mail address. You hereby consent to notice by email.
c. Law. This Agreement is made in and shall be governed
by the laws of the State of Maryland.
d. Entire Agreement. This Agreement constitutes the complete
and exclusive statement of the agreement between the parties with respect
to the Site and supersedes any and all prior or contemporaneous communications,
representations, statements and understandings, whether oral or written,
between the parties concerning the Site. YOU HAVE READ, UNDERSTAND
AND AGREE TO THE TERMS OF USE SET FORTH IN THE ABOVE AGREEMENT.
Copyright © Rollins, Smalkin, Richards & Mackie L.L.C. All Rights
Reserved.
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