CDAS.COM TERMS OF USE
Thank you for visiting the website of Cowan, DeBaets, Abrahams & Sheppard LLP (“CDAS”). CDAS.com has been made available to you subject to your compliance and agreement with the terms and conditions set forth below (the “Terms of Use”). Please read this document carefully before accessing or using CDAS.com. By accessing or using this website, you are agreeing to be bound by the Terms of Use and consenting to the CDAS.com Privacy Policy. If you do not wish to be bound by the Terms of Use and / or to consent to the Privacy Policy, you may not access or use the website.
DISCLAIMER OF LEGAL ADVICE AND REPRESENTATION:
Materials on CDAS.com are provided for informational purposes only, do not constitute legal advice, do not necessarily reflect the opinions of CDAS or any of its lawyers or clients, and are not guaranteed to be complete, correct, or up-to-date. CDAS.com is not intended to create an attorney-client relationship between you and CDAS.
Please do not send any confidential information to CDAS until after you have received from us a written statement that we represent you in that matter. If you communicate with us through this Website, by e-mail or otherwise concerning a legal matter for which we do not already represent you, your communication may not be treated as privileged or confidential.
LICENSE TO USE AND ACCESS THE WEBSITE:
In exchange for your agreement to these Terms of Use, CDAS grants you limited license to access and make personal use of this website. This use does not include the access, downloading (other than for page-caching purposes), or modification of the site in anyway, except with the written permission of CDAS. This website or any portion of this website may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, movie, page layout, or form) of CDAS. You are not permitted to use, and further hereby agree not use, “meta” tags or any other “hidden text” which utilize CDAS.com, Cowan, DeBaets, Abrahams & Sheppard LLP or any other derivative of our domain, company name or registered trademarks. You are hereby granted a limited, revocable, and non-exclusive right to create a hyperlink to the CDAS.com “home page” or any Dynamic Deep Link (DDL) of CDAS so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter.
It is further understood and agreed that CDAS cannot and will not represent or warrant that files made available for downloading through CDAS.com are or will be free of infection or viruses, worms, “Trojan Horses” or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through CDAS are free from such contaminations.
COPYRIGHT AND LICENSES:
The entire contents of this website, including but not limited to the text, graphics, logos, icons, movies, images, audio clips, downloadable media, data compilations, layout and software are the property of CDAS and are protected by Domestic and International copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of contents of CDAS.com. If you believe any content appearing on CDAS.com constitutes the infringement of another party’s rights, please contact us immediately.
Any user submissions made to CDAS.com hereby constitute the submitter’s agreement to grant CDAS a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify, adapt, sub-license, and publicly display any such submissions, and further agree to grant CDAS the right to utilize your name in connection with all advertising, marketing and promotional materials related to such submission. In addition, by making such submissions, you hereby warrant and represent that such submission does not harm or infringe the rights of any third party, and further agree to specifically indemnify, defend and hold harmless CDAS from any claim or action arising from the CDAS’s use of the submitted material as permitted under these Terms of Use.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY: YOU HEREBY AGREE THAT YOUR USE OF CDAS.COM IS EXPRESSLY AT YOUR OWN RISK. THE WEBSITE AND ANY INFORMATION CONTAINED THEREIN IS PROVIDED BY CDAS.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS. CDAS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CDAS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CDAS DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM CDAS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CDAS MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, DELAY-FREE, SECURE, OR ERROR-FREE. CDAS IS NOT RESPONSIBLE FOR ANY DAMAGE DUE TO TECHNICAL PROBLEMS OR MALFUNCTION, INCLUDING, BUT NOT LIMITED TO, ANY INJURY OR DAMAGE TO ANY PERSON’S COMPUTER-RELATED TO OR RESULTING FROM USE OF THE CDAS SITES OR DOWNLOADING MATERIALS IN CONNECTION WITH THE USE OF THE CDAS SITES.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CDAS, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEB SITE OR ITS CONTAINED INFORMATION OR SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CDAS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER, OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY TYPE BETWEEN CDAS AND ANY OTHER PARTY. THESE TERMS OF USE ARE BETWEEN CDAS AND YOU AND THEY DO NOT, NOR SHALL THEY BE DEEMED TO, EXTEND RIGHTS TO ANY THIRD PARTY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
THIRD PARTY WEBSITES:
Third party websites are not under the control of CDAS, and CDAS will not be responsible for the contents or practices of any linked site or any link contained in a linked site. CDAS provides such links only as a convenience, and the inclusion of any link does not constitute or imply an endorsement by CDAS.
INTERNATIONAL USE:
You further agree to comply with all rules and regulations local to the jurisdiction in which you access or use CDAS.com, including without limitation rules and regulations regarding the Internet, data, e-mail, privacy, and copyright and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the jurisdiction in which you reside.
INDEMNIFICATION:
You agree to indemnify, defend, and hold harmless CDAS and CDAS.com, and their respective officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to CDAS.com from and against all losses, expenses, damages, and costs, including attorney’s fees, resulting from your violation of these Terms of Use, including negligent or wrongful conduct by you or your use and access of CDAS.com.
APPLICABLE LAW AND VENUE:
You hereby by agree that the laws of the State of New York, without regard to conflicts of laws principles, will govern the Terms of Use and any dispute that may arise between you and CDAS, and that the proper venue for the resolution of such disputes will be the state or federal courts located in New York County, New York.
OTHER PROVISIONS:
These Terms of Use are subject to modification by CDAS at any time, and any changes will be posted at this location. Any failure by CDAS to enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Conditions of Use. CDAS may assign its rights and duties under these Terms of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.
Please send any notices or requests regarding these Terms of Use here.