Terms of Use Policy

Last updated: May 2018

McCarthy, Lebit, Crystal & Liffman, Co., LPA (“MLCL”, “us”, “we”, “our”) owns and operates www.mccarthylebit.com (the “Site”). These Terms of Use, the Privacy Policy, and all policies posted on our sites set out the terms for the user (“you”) on which we offer you access to and use of our Site, applications and tools (collectively “Services”). All policies are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services.

Acceptable Use

By accessing and using the Site, you agree to use this Site only for lawful purposes and only for its intended purpose. The Site is made available for information purposes only and is controlled by MLCL from its offices within the State of Ohio. Visitors who choose to visit this Site from this or other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with all applicable federal, state, local and foreign laws, rules and regulations in connection with their use of this Site.

You may display, reformat and print information from the Site (other than the computer code comprising this Site) only for your own personal, non-commercial use; provided, that, even if you display or print the Content of this Site as permitted hereunder, you may not modify, reproduce, transmit, distribute, publicly display or perform, or create derivative works from that Content and you must retain all copyright and other proprietary notices contained in or on the Content. You may not sell any Content (as defined under the Intellectual Property section below) or other material from the Site for any other purpose. All such uses are strictly prohibited without the express prior written consent of MLCL, which may be given or withheld in our discretion. You agree that you will not in any way modify, add to, delete from or tamper with any Content or feature of the Site or interfere in any way with its proper functioning.

Impermissable Use

By accessing and using the Site, you agree not to:

  • disrupt this Site;
  • interfere with or compromise the security of this Site, or any computer, server, account, network, data, software and/or hardware associated with this Site;
  • disrupt or interfere with any other visitor’s use of this Site;
  • attempt to obtain access to any portion of this Site, any computer, server, account, network, software and/or hardware associated with the Site, from which you are restricted;
  • use, or encourage, promote, facilitate or instruct others to use, the Site for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive;
  • breach or circumvent any laws, third-party rights or MLCL policies;
  • circumvent any technical measures we use to provide the Site;
  • infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to MLCL; and
  • infringe any Intellectual Property Rights that belong to third parties affected by User’s use of the Online Service.

Legal Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Your use of this site, sending an e-mail or otherwise contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Privacy

Your privacy and data protection is important to us. MLCL undertakes to respect the statutory conditions on data protection. Please review our Privacy Policy, to understand our practices.

Security

MLCL will take reasonable steps to protect the personal data in its possession from loss, misuse, unauthorized access, disclosure, alteration, and destruction, and will take all useful precautions with regard to the nature of the data and the risks of the processing, to preserve the security of the data and, in particular, prevent its alteration and damage or access by non-authorized third parties. MLCL has put in place technical, physical, and organizational procedures and security measures designed to safeguard and secure the personal data from destruction, loss, alteration, unauthorized access or disclosure, or other forms of unauthorized or unlawful processing commensurate with the risks posed by the particular type of processing, the nature of the personal data and in accordance with applicable law, and taking into consideration the cost of implementing such measures.  MLCL cannot guarantee the security of personal data on our servers or transmitted via the Internet.

MLCL will comply with applicable local laws, rules and regulations with respect to data breach disclosure and notification.

Intellectual Property

All information, content and material made available by MLCL through this Site, including, without limitation, any computer code, design, text, drawings, photographs, graphics, sound recordings and video recordings as well as any copyrights, trademarks, patents or other intellectual property or proprietary rights comprising the Site or any component or element of the Site (collectively, the “Content”) is owned by or licensed to MLCL. The compilation of the Content on this Site is the exclusive property of MLCL and its licensors and is protected by U.S. and international copyright law. MLCL and its licensors retain all rights in the Content of this Site.

The Content may not be used in connection with any service or information that is not MLCL’s or in any manner that is likely to cause confusion among consumers or that disparages MLCL. The rights granted herein terminate automatically if you breach these Terms of Use. Upon termination of these rights, you must immediately destroy any Content you displayed or printed.

McCarthy, Lebit, Crystal & Liffman, Co., LPA and all derivations thereof are trademarks of MLCL. Other marks used on the Site are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of MLCL and may not be used, copied or imitated without the prior written consent of MLCL.

Digital Millennium Copyright Act (DMCA)

MLCL respects the intellectual property rights of others and is committed to complying with U.S. copyright and related laws and requires our users do the same.

If you are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on the Site infringe your rights, contact MLCL at info@mccarthylebit.com and provide the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • Identification of the URL or other specific location on MLCL’s Site where the material that you claim is infringing is located;
  • Your address, telephone number and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Ownership of Third Party Content

MLCL may display Content supplied by visitors and other third parties on the Site. MLCL maintains no editorial control over this Content. The Content supplied by visitors and other third parties belongs to the respective owners of that Content.

The Site may include hyperlinks that will take you out of the Site to the website of third parties. Links to websites of third parties may be included in advertisements for services of third parties, or they may be accompanied by descriptions of services of third parties. All links to websites of third parties are provided for your convenience only. MLCL does not control the content or operation of any linked websites of third parties, and we disclaim any responsibility for any product, service or information provided on any linked website. Neither the publication of content or advertisements of third parties on the Site nor links to websites of third parties constitutes an endorsement of third parties or their products or services by MLCL, its affiliates or their respective employees or agents.

MLCL shall have the right, in its sole discretion, to delete or move any content, information or other materials available on or at the Site at any time, for any reason or no reason.

MLCL, ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND ANY SUCH SIMILARLY SITUATED PERSONS OR ENTITIES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES. WE DO NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.

WE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY LOSS, DAMAGE OR HARM TO PROPERTY OR PERSON CAUSED BY YOUR OR ANYONE ELSE’S RELIANCE ON CONTENT AVAILABLE ON THIS WEBSITE THAT IS THE PROPERTY OF VISITORS OR THIRD PARTIES. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND ACTING ON ANY CONTENT AVAILABLE ON THIS WEBSITE.

Disclaimer of Warranties and Limitation of Liability

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY MLCL ON AN “AS IS” AND “AS AVAILABLE” BASIS. MLCL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

MLCL DOES NOT GUARANTEE THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION PROVIDED AT OR THROUGH THIS WEBSITE (BY LINK OR OTHERWISE) AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM USE OF SUCH INFORMATION.

MLCL MAY TEMPORARILY OR PERMANENTLY SUSPEND ACCESS TO OR DISCONTINUE THIS WEBSITE OR ANY PAGE OF THIS WEBSITE AT ITS DISCRETION, AT ANY TIME, WITHOUT NOTICE. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE AVAILABLE AT ALL TIMES OR THAT A VISITOR’S USE WILL BE CONTINUOUS AND/OR ERROR FREE. WE DO NOT MAKE ANY WARRANTIES THAT THE CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THIS WEBSITE ARE ACCURATE, RELIABLE, OR CURRENT.

YOU AGREE THAT MLCL IS NOT RESPONSIBLE FOR AND CANNOT GUARANTEE AGAINST THE INTRODUCTION OF VIRUSES OR WORMS, OR UNAUTHORIZED USERS ATTEMPTING TO ACCESS, OR OBTAINING ACCESS TO THIS WEBSITE OR YOUR COMPUTER OR OTHER SYSTEMS FROM OR THROUGH THIS WEBSITE.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MLCL DISCLAIMS, TO THE MAXIMUM EXTENT PERMISSIBLE, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT IN RELATION TO THE CONTENT, INFORMATION, SERVICE OR PRODUCTS PROVIDED AT, THROUGH OR IN CONNECTION WITH THIS WEBSITE.

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 MIGHT HAVE ADDITIONAL RIGHTS.

Indemnity

You will indemnify, defend and hold MLCL (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents, representatives, successors and assigns) harmless from and against any claims, causes of action, damages, liabilities, losses, costs, or expenses (collectively, “Losses”), including reasonable legal fees, made by any third party due to or arising in connection with: (i) your breach of these Terms of Use; (ii) your use of this Site or your use of the Content; (iii) personal injury or tangible and intangible property damage, casualty or loss suffered or incurred in connection with your use of the Site (including loss of data) or Content or other information services available by or through your use of the Site or Content (including damage, casualty or loss arising from the malicious acts of third parties which could have been prevented or avoided by you using reasonable protective means); and (iv) your acts and omissions in connection with your use of the Site or Content. You also agree to indemnify, defend and hold harmless MLCL from and against any Losses that MLCL incurs or may incur arising from, resulting from, or arising in connection with your providing to MLCL inaccurate or untruthful information via the Site whether to gain access to the products or services provided through this Site or otherwise.

Protection of Minors

This Site is directed to adults and is not directed to children under the age of 18.  MLCL does not knowingly collect personally identifiable information from anyone under the age of 13.  Minors between the ages of 13 and 17 must obtain the permission of their parent or legal guardian before submitting information on this Site and should consult with an adult for assistance in using this Site. For further information or inquiries regarding the protection of minors, please contact info@mccarthylebit.com.

Monitoring and Enforcement

MLCL reserves the right to suspend or terminate access to the Site by anyone who violates these Terms of Use or any applicable law or whose conduct is harmful to the interests of MLCL, its affiliates or third parties. We may take steps to prohibit access and/or use without prior notice to any such user. If MLCL believes a user is abusing MLCL or violating this policy in any way, MLCL may, in its sole discretion and without limiting other remedies, investigate violations or misuse, remove hosted content, and take any technical and/or legal steps to prevent said user from using the Site.

Venue and Jurisdiction

Claims arising from or related to this Site, to the use of this Site, and to the information, content, material, and services available through this Site are governed by the laws of the State of Ohio. You hereby unconditionally, voluntarily, and irrevocably consent to submit to the exclusive jurisdiction and venue of the state and federal courts located in Ohio with respect to any claims arising from or related to this Site, your use of this Site and any information received through this Site. You agree not to plead forum non conveniens in any such action. You consent to service of process.

Headings

The section headings used in these Terms of Use are for reference and the convenience of the readers and shall not constitute part of the Terms of Use for interpretation purposes.

Modification

We may make changes to these Terms of Use and any Site-related policies, rules or guidelines at any time in our sole and absolute discretion. The Site and the products, services and programs described in the Site may be changed, eliminated or updated without prior notice. Revised terms will be effective when posted to the Site unless otherwise provided by us in the revision. We will provide notice of any changes on the Site or by contacting you. Your continued access or use of our Services constitutes your acceptance of the amended terms.

Severability

If any provision of these Terms of Use is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity of enforceability of the remaining provisions of these Terms of Use.

Integration Clause

The Terms of Use, the Privacy Policy, and all policies posted through our Site set forth the entire understanding and agreement between you and MLCL concerning your use of the Site, the Content, and all other information and services available on this Site.

Contact Us

For any questions or inquiries related to these Terms of Use, the Privacy Policy, and all policies posted on our Site, please contact us at info@mccarthylebit.com.

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