Terms of Use
rev. March 1, 2022
Please read the following disclaimer carefully, by making use of this internet site (the “Site”), you indicate your acceptance of the terms and conditions stated below. If you do not accept these terms and conditions (“Terms”), then do not use this site.
This Site and the materials that it contains have been prepared by Newman & Lickstein (the “Firm”) for informational purposes only. They do not constitute legal advice or a commitment to service of any kind. The use of this Site, including electronic communication with our attorneys, does not create an attorney-client relationship between you and the Firm. Although efforts are made to keep the contents of the Site current, it may not reflect the latest legal developments. The application of specific laws and legal principles will vary according to location and individual circumstances. Anyone viewing information contained in this Site should not act upon it without seeking professional counsel from an attorney authorized to practice in his or her jurisdiction.
The Firm does not solicit anyone to seek representation based upon viewing this Site.
The Firm may alter, suspend, or discontinue this Site at any time and for any reason, without notice or cost. This Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
Access to the Site
By using this Site, you agree to waive any claim you might otherwise have against the Firm that arises from your use of this Site or information provided by this Site. In addition, by using this Site you agree to indemnify, hold harmless and defend the Firm from any claims, damages, losses, liabilities and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that alleges injury, damage or harm in whole or in part arising from the provision by you of information from, or claimed to be from, this Site, or that in any way arises from your use of this Site or information provided by this Site in violation of these terms.
Copyright & Trademarks
This Site and all the information it contains, or may in the future contain, including, but not limited to, articles, memoranda, bulletins, reports, press releases, opinions, text, directories, guides, photographs, illustrations, trademarks, trade names, service marks and logos (collectively, the “Content”). All Content contained on this Site is property of the Firm, its partners, members, and employees, and is protected from unauthorized copying and dissemination by U.S. Copyright law, trademark law, international conventions, and other intellectual property laws. Certain of the trademarks and logos displayed on the Site are owned by third parties. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any Content displayed on this Site, through the use of framing or otherwise, without the prior written permission of the Firm or such third party that may own the trademark or copyright of material displayed on this Site.
Subject to your full compliance with these terms, the Firm authorizes you to view the Content, make a single copy of it, and print that copy, but only for your own lawful, personal, noncommercial use, provided that you maintain all copyright, trademark and other intellectual property notices contained in such Content, and provided that the Content, or any part thereof, is not modified.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE FIRM NOR ANY PERSON ASSOCIATED WITH THE FIRM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE FIRM NOR ANYONE ASSOCIATED WITH THE FIRM REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE FIRM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE FIRM, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Response to Online Requests
From time to time, Newman & Lickstein may offer to provide information or materials via email or otherwise to interested persons. Newman & Lickstein reserves the right, in its absolute discretion, to reject any requests for such information or materials, or to discontinue the provision of such information or materials to any person, for any reason whatsoever.
Links to Other Sites
This Site may contain links to non-Firm sites. These links are provided to you only as a convenience. Such linked sites are not under the control of the Firm and the Firm is not responsible for the contents of any linked site, or any link contained in a linked site. The inclusion of any link does not imply endorsement by the Firm of the site, and the Firm shall have no responsibility for information which is referenced by or linked to this site.
Electronic Correspondence to the Firm and Affiliated Servers
Opportunities to send email through the Site are provided solely to let individuals send comments and communications to use and to request information from us, and they do not give rise to an attorney-client relationship. These messages are forwarded through the Site to the appropriate persons within the Firm so that they may respond to the questions or comments or provide the information requested, if they elect to do so, which is at their discretion. If the Firm is requested to contact a visitor to this Site, contact information may also be used for purposes of making that communication. Any electronic communication between the viewer and the Firm: will not be privileged or confidential; may be disclosed to other persons; and may not be secure. Therefore, you should not send any email to the Firm that contains confidential or sensitive information. Further, all information submitted is the exclusive property of the Firm. The Firm is entitled to use any information submitted for any purpose, without restriction (except as stated in the Privacy Policy) or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to the Firm and accepts responsibility for its accuracy, appropriateness, and legality.
Enforcement of Terms and Conditions
These Terms are governed and interpreted pursuant to the laws of New York State, United States of America, notwithstanding any principles of conflicts of law.
All disputes arising out of or relating to these Terms shall be finally resolved by arbitration conducted in the English language in Syracuse, New York, USA under the commercial arbitration rules of the American Arbitration Association. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, the Firm shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Courts for the Northern, Southern, Eastern or Western Districts of New York or any other court of competent jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The Firm may, at its sole discretion and without notice, revise these terms at any time by updating this posting.
Confidential Information
Please do not send any confidential information via e-mail through this Site. Sending an e-mail to Newman & Lickstein does not give rise to an attorney-client relationship, and will not be deemed to disqualify Newman & Lickstein from undertaking any engagement for a current or future client. Before any attorney-client engagement may be formed, Newman & Lickstein will need to check for possible conflicts of interest, you will need to consider whether you wish to retain Newman & Lickstein as counsel, and we will need to consider whether we wish to accept the potential engagement. In the meantime, Newman & Lickstein reserves the right to represent parties with interests adverse to you.
Waiver and Severability
No waiver by the Firm of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Firm to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement
These Terms and our Privacy Policy constitute the sole and entire agreement between you and the Firm regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
Comments and Concerns
All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to our Contact Us page.