Protecting your information is important to us. We maintain appropriate safeguards to protect your information.
This notice may be updated by us from time to time, so please check back frequently.
("The Law Firm," "us," or "we"), and you
should carefully read this Agreement before using our website at westenhoeferlaw.com (the "website"). We are willing to provide
you with access to our website only on the condition that you accept all of the terms and conditions contained in this
Agreement. By accessing or using our website, you agree to be bound by this Agreement and all of its terms without change. If
you are using our website on behalf of a company or organization, such company or organization will also be considered a party
to this Agreement. If you do not agree to each of these terms and conditions, immediately discontinue access and use of this
website. If you are under the age of 18, you may not use this website.
By using this website, you agree that this website by no means provides accounting advice. If accounting advice is required,
seek out an accountant. This website is intended only as a means for The Law Firm to reach new clients for particular business-related legal
services, establish and maintain relationships with those clients, communicate with those clients, and deliver legal services to those clients.
Any notion that this website is offering accounting advice or legal advice unrelated to business law should be resolved otherwise.
As a professional law firm, we assume a reasonable level of professional legal responsibility expected of those in the legal profession. For
all legal matters outside the scope of our services and for all accounting matters, we assume no responsibility, as we do not provide advice or
services outside the scope of our services.
While we make every effort to keep information on this website accurate and to gather correct information from its users, we cannot
guarantee, nor will we be responsible, for any damage or loss related to the accuracy of the information on this website or through
our services beyond the scope of our legal services. We may make improvements or changes in the information and services on this website,
or terminate this website, at any time, for any or no reason, and without notice.
If at any time you are dissatisfied with this website in whole or in part, you are invited to provide feedback to us, but otherwise
your sole remedy is to discontinue use of this website.
As a condition of your use of this website, you warrant that you will not use this website for any purpose that is against the
law or prohibited by these terms. If you violate any of these terms, your permission to use this website immediately ends.
You may not use any technology or manual process to monitor or copy any of the website's pages, data, or content without explicit permission from
The Law Firm. You may not introduce malicious code to this website. You represent and warrant that you use frequently updated, commercially standard,
virus protection software.
Use and License
We may provide users with particular legal services related to business law and business litigation. We grant you access to this website during the term of
this Agreement solely for such purpose. Use of this website may be available only in certain jurisdictions and is void where prohibited by law.
Your eligibility to use this website is subject to our final approval and acceptance.
We grant you a limited, revocable, non-transferable and non-exclusive license to display on your computer, print, download, and
use screen displayed text and other such content that is made available to you on the website, solely for your purposes necessary
to receive the services and information provided on the website. You may not modify or create derivative work of this website's
content or files generated by this website, and you may not allow any third party to do the same. On any copy of this website's
content or in any file generated by this website, you must display the associated copyright notice. No other use of this website's
content is permitted.
You agree not to access the website by any means other than through a commercially available web browser. You will not access or
attempt to access password protected, secure or non-public areas of the website without our prior written permission. You will
comply with all privacy laws.
In order to use the website, you must obtain access to the Internet and pay any service fees associated with such access. System
availability and access to the services and information available on the website may be limited or unavailable for reasons which
may include, without limitation, system performance, telecommunications failure, hardware failure, or software failure. We make
no representations, warranties or assurances as to the availability of the website.
You are responsible for your use of your Internet browser, the website, and the services and information provided on the website.
We are not responsible for deletion of data, timeliness of services, or the failure to store any of your data.
You agree that any information you provide to us through the website will be accurate. If you provide any information that is
inaccurate, or we have reasonable grounds to suspect that such information is inaccurate, we have the unlimited right to refuse any and all current or future use of the website and our services.
All of this website's content, including but not limited to, text, graphics, logos, button icons, images, trade names, trademarks,
service marks, trade dress, digital downloads, data compilations, software, and the compilation of any of the foregoing, is our
property and is protected by United States and international patent, copyright, and trademark laws. The display and availability
of the content on the website does not convey or create any license or other rights in the content. Any unauthorized copying,
reverse engineering, redistribution, reproduction, publication, or modification of website content by any person without our prior
written authorization is strictly prohibited, may be a violation of federal or common law, trademark, patent, and copyright laws,
and may subject such a violator to legal action. The use of content from the website on any other website or networked computer
environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on the website can be
made by contacting us in writing. You are also strictly prohibited from creating works or materials that derive from or are based
on the website content or other materials contained in the website including, without limitation, fonts, icons, link buttons,
wallpaper, desktop themes and unlicensed merchandise.
This website may contain hyperlinks to third-party websites. Such hyperlinks are provided for your reference only. We do not control
such websites and are not responsible for their content. We do not necessarily endorse the material on such websites or associate
ourselves with their operators. Your access to and use of such websites is solely at your own risk.
Your correspondence or business dealings with third parties found on the website are solely between you and such third parties
and are not binding on us. You agree that we are not responsible or liable for any actions, losses, damages, liabilities, claims,
judgments, costs or expenses of any nature or kind incurred as the result of any such dealings, and you agree to indemnify us
from and against any claims incurred as the result of any such dealings.
Links to Our Website
We grant you a limited, revocable, nontransferable and nonexclusive right to create a hyperlink to our website
so long as the link or your linking website does not portray us or any of our services or information in a false, misleading,
derogatory, or otherwise offensive matter. In addition, your linking website must comply with all applicable law and must not
otherwise violate this Agreement or the rights of others. You may not use any of our logos or other proprietary graphic or
trademarks as part of the link without our express written permission. We may revoke this license at any time, with or without
cause, in which case you agree to immediately remove such hyperlink. You may not link to any page other than the home page of
this website. Any link to our website should be a full forward link that passes the client browser to our home page without
barriers. The "back" button should return the visitor to original site if the visitor wishes to back out.
Notice and Procedure for Making Claims of Copyright Infringement
It is our policy to promptly process and investigate notices of alleged copyright infringement and take appropriate actions
under the Digital Millennium Copyright Act (DMCA), Title 17, United States Code, Section 512. Pursuant to the DMCA, we have
a designated agent to receive notification of alleged copyright infringement occurring on our website. The designated agent
will acknowledge receipt and handle all complaints alleging infringement violations.
All notifications of claimed copyright infringement on the website should be sent only to our Designated Agent:
The Law Offices of Zachary A. Westenhoefer
30 Wall Street, 8th Floor
New York, NY 10005
The DMCA requires that all notices of alleged copyright infringement must be in writing. When informing the designated agent
of an alleged copyright infringement, the notice must:
- Identify the copyrighted work that allegedly has been infringed.
- Describe the material that is claimed to be infringed upon and provide sufficient information to permit us to locate that
- Include contact information of the copyright owner or person authorized to act on behalf of the owner. Contact information
must include name, address, telephone number, and email address.
- Certify or include a statement that you have a good faith belief that the use of the copyright-protected material in the
manner complained of is not authorized by the copyright owner, the owner's agent, or law.
- Certify that the information that you have provided us is accurate. You should attest under penalty of perjury that you are
authorized to enforce the copyrights that you allege have been infringed.
- We may not be able to act on the complaint promptly, or at all, if the copyright holder, or its designate do not provide
the information required in the "Contents of Notice."
NOTE: THE DESIGNATED AGENT IS PROVIDED SOLELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. UNDER
FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES,
INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S
LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION
Disclaimer of Warranties
We disclaim any and all responsibility or liability for the timeliness, accuracy, legality, reliability, and availability of
information or material contained on the website that is originally provided by our clients. The website may contain inaccuracies or
typographical errors. We disclaim
any responsibility for the deletion, failure to store, and poor delivery of any information or material of the website or the
use thereof attributable to our clients. The contents of this website and any communications sent to you by the website or otherwise from us are provided
solely to you and are intended to be confidential legal communication. We disclaim any responsibility for any loss or damage resulting from
your sharing of confidential legal communications with any third party.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, OR LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE. WHERE THE LAW DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED
THE AMOUNT YOU PAID TO US FOR THE SUBJECT SERVICES OR $100, WHICHEVER IS GREATER.
Governing Law. This Agreement shall be governed by the laws of the State of New York, without regard to conflicts of law provisions.
Any legal action or proceeding between The Law Firm and you related to this Agreement will be brought exclusively in a federal or
state court of competent jurisdiction sitting in the State of New York, County of Kings.
Entire Agreement. This Agreement is the entire and exclusive agreement between the parties, and it supersedes all previous
communications, representations or agreements, either oral or written, between them with respect to this subject matter.
No representations or statements of any kind made by us, which are not included in this Agreement, shall be binding on us.
Amendments. You may not modify or amend this Agreement in whole or in part. We may replace or amend this Agreement from time
use of the website, or any content, services, or materials provided through the website, will be subject in all respects to
Waiver. No waiver of any provision herein shall be valid unless in writing and signed by both our authorized representative
and you. Our failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not
be construed as a waiver of any such provision or right.
Severability. If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be
automatically reformed and construed so as to be valid, operative, and enforceable to the maximum extent permitted by law
or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the
remainder of this Agreement.
Headings. The headings contained in this Agreement are for convenience only and shall have no legal or interpretive effect.
Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of
or related to use of this website or this Agreement must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
Other. We may assign our rights and duties under this Agreement to any party at any time without notice to you.