THE TERMS AND CONDITIONS OF USE SET FORTH HEREIN APPLY TO THE ENTIRE GROUP OF WEBSITES OWNED, OPERATED, LICENSED, OR CONTROLLED BY NAPOLI LAW, INCLUDING NAPOLILAW.CA.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR ANY OTHER NAPOLILAW.COM WEBSITE.
By using this website and any other website owned, operated, licensed, or controlled by Napoli Shkolnik PLLC (“napolilaw.com website”), you signify your assent to these terms of use. If you do not agree to these terms of use, you cannot lawfully use the websites. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this website or any other napolilaw.com website following the posting of changes to these terms will mean you also accept those changes.
RESTRICTIONS ON USE AND SUBMISSION OF MATERIALS:
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this website or any other napolilaw.com website are copyrights, trademarks, trade dress, and/or other intellectual properties owned, controlled, or licensed by us. No material from this website or any other napolilaw.com website may be copied, reproduced, framed, hyperlinked, republished, uploaded, posted, transmitted, or distributed in any way; however, you may download, where specifically permitted, one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
Use of any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein is strictly forbidden.
Modification of the materials or use of the materials for any other purpose is a violation of napolilaw.com’s copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to napolilaw.com.
Export. U.S. and Canadian export control laws regulate the export, re-export, and import of technology originating in the United States and Canada. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. Users agree to abide by these laws and their regulations, including but not limited to the Export Administration Act of the United States and the Export and Imports Permits Act and Export Control List of Canada, and not to transfer, by electronic transmission or otherwise, any content derived from our websites to either a foreign national or a foreign destination in violation of such laws.
Usage by Minors. We cannot prohibit children from visiting this website and must therefore rely on parents, guardians, and those responsible for supervising children to decide which materials are appropriate for such children to view.
Forums and Public Communication. “Forum” means a discussion group, chat area, bulletin board, news group, letter to the editors, webmaster(s) or employees, or e-mail function offered as part of this website or any other napolilaw.com website. You shall not upload to, distribute through, or otherwise publish through a Forum on this website or any other napolilaw.com website any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, would constitute or encourage a criminal offence, violate the rights of any person, or would otherwise give rise to liability or violate any law.
The Forums shall be used only in a non-commercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests of this website or any other napolilaw.com website to join or become members of any commercial online or offline service or other organization is expressly prohibited.
It is our policy to respect the privacy of all guests. Therefore, subject to the terms of the napolilaw.ca privacy statement, in general, we will not monitor, edit, or disclose the contents of a guest’s e-mail unless required in the course of normal maintenance of this website or any other napolilaw.com website and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on us; (2) protect and defend the legitimate business interests, rights or property of napolilaw.com, its users, clients, sponsors, advertisers, or affiliates; or (3) act in an emergency to protect the personal safety of our guests or the public. Guests shall remain solely responsible for the content of their messages.
By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the world or cyberspace. In addition, you warrant that all so-called “moral rights” in those materials have been waived.
NOT LEGAL ADVICE OR LEGAL REPRESENTATION:
The information on this website is for general informational purposes only. Nothing on this website should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, a solicitor-client relationship.
NO WARRANTIES OR REPRESENTATION:
THIS SITE AND THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS, AND ICONS REGARDING OR RELATING TO NAPOLILAW.COM WEBSITES, ITS OWNERS, EMPLOYEES, AGENTS AND ITS AFFILIATES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. USE OF THIS SITE IS AT YOUR OWN RISK.
LIMITATION OF LIABILITY:
Under no circumstances, including, but not limited to, negligence, shall we be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this website or any other napolilaw.com website, even if napolilaw.com or a napolilaw.com authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall our total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise and whether arising by statute, at law, or in equity exceed the amount paid by you, if any, for accessing this site or any other napolilaw.com website.
CONSENTS AND WAIVERS:
The failure of napolilaw.com at any time to require, insist upon, or enforce performance of any provision hereof shall not be construed as a waiver or affect its right at a later time to enforce the same. No waiver by a party of any condition or any breach of any term, covenant, representation, or warranty contained in this agreement shall be effective unless in writing, and no waiver of any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
INDEMNIFICATION:
You agree to indemnify, defend, and hold harmless us and our officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the website from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from your use of this website.
FORCE MAJEURE:
We shall be excused from performance hereunder to the extent that performance is prevented, delayed, or obstructed by causes beyond our reasonable control, including but not limited to acts of God (fire, storm, floods, earthquakes, etc.), civil disturbances, disruption of telecommunications, power or other essential services, or interruption or termination of service by the internet access service being used by us to link our servers to the internet.
MODIFICATION:
We reserve the right to change the terms, conditions, policies, and guidelines for the website, including this agreement. You are responsible for regularly reviewing these terms, conditions, policies, and guidelines, and any additional terms posted on the website. Your current, subsequent, and continued use of the napolilaw.com websites and services constitutes your agreement to all such terms, conditions, policies, and guidelines. Any changes may be posted without notice and will become effective when posted on the website.
NOTICES:
All notices required under this agreement shall be in writing and shall be made either by conventional mail, overnight courier, or other commercial delivery services. We may also broadcast notices or messages through the website to inform you of changes to this agreement, a service, or other matters. These broadcasts also constitute notice to you. All notices to us must be made in writing, e-mailed to info@napolilaw.com or delivered to: napolilaw.com, 360 Lexington Avenue 11th Floor, New York, New York, 10017
LINKS TO OTHER SITES:
This website may contain links to third-party websites. These links are provided solely as a convenience to you and do not constitute our endorsement or approval of the content on such third-party websites. We are not responsible for any content of linked third-party websites, including content that could be considered offensive by some readers. We do not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. Your use of third-party websites may also be subject to the terms and conditions of use of such websites.
The use of a hyperlink is not an endorsement of a company, product, or opinion. The use of the hyperlink does not imply that we agree with the content being linked to and we do not guarantee that the content contains accurate information. We have no obligation to link to any site.
INTELLECTUAL PROPERTY (TRADEMARKS AND COPYRIGHTS):
Unless otherwise indicated, we own all copyrights in the materials on this website. You may print and download portions of materials from the different areas of this website solely for your own noncommercial use. Any redistribution, resale, retransmission, or publication of the copyrighted material posted at this website is strictly prohibited without our express written consent. You agree not to change or delete any proprietary notices including copyright and trademark symbols or other notices from materials downloaded from napolilaw.com websites.
The distinctive look and feel of GIF, JPEG, graphic, and icon designs on napolilaw.com websites are trade names, trademarks, and/or service marks of napolilaw.com and are protected by provincial, state, federal, and international law. Any other marks used on this website are the property of their respective owners. Nothing in this agreement shall be construed as conferring on any third party (by implication, estoppel, or otherwise) a license or right under any copyright, patent, or trademark owned by us.
Third-party websites may use the napolilaw.com logo if they first notify us and agree to use the logo or mark in conformance with our Linking Agreement.
GOVERNING LAWS IN CASE OF DISPUTE; JURISDICTION:
This agreement and its terms and conditions shall be governed by and construed in accordance with the laws of the state of New York, USA, as they apply to agreements made and solely performed therein. Disputes arising hereunder shall be exclusively subject to the jurisdiction of the federal courts of the United States of America and/or the state courts of New York, and jurisdiction shall therefore rest solely in New York, USA.