Website Terms of Use
Welcome to the Hermes, Netburn, O'Connor & Spearing, P.C. ("HNOS") website
(the "Site"). Please read this Agreement carefully. If you are unwilling
to accept the terms and conditions in this Agreement, do not use the Site. By using
the Site, you are indicating that you agree to follow and be bound by the following
terms and conditions ("Terms").
a. Content, including but not limited to text, software, music, sound, photographs,
trademarks, service marks, logos, video, graphics or other material contained on
this Site or in commercially produced information presented to you through the Site
(“Content”) is protected by copyright, trademarks, service marks, Site
marks, patents or other proprietary agreements and laws (collectively, “Intellectual
Property Rights”) and you are only permitted to use Content as expressly authorized
herein or in writing by HNOS. These Terms do not transfer any right, title, or interest
in the Site or the Content to you, and HNOS and its third party licensors retain
all of its and their respective right, title and interest to the Site and Content.
b. Except as provided in these Terms, you may not use, download, upload, copy, modify,
print, display, perform, reproduce, publish, license, rent, lease, loan, sell, assign,
post, transmit, distribute, reverse engineer, create derivative works from, or otherwise
exploit any Content or information from the Site, in whole or in part, including
without limitation by way of framing or hyper-linking, without the express permission
of HNOS.
c. Except as expressly provided in these Terms, nothing contained in these Terms
or on the Site shall be construed as conferring any other license or right, expressly,
by implication, by estoppel or otherwise, under any of our Intellectual Property
Rights or under any third party's Intellectual Property Rights. Any rights not expressly
granted herein are reserved.
d. You may not, under any circumstances:
• Send unsolicited commercial email to the email addresses provided on the
Site (spam, chain emails, advertising solicitations and similar email solicitations
are expressly prohibited);
• Delete, modify or attempt to change or alter any of the Content on the Site;
• Use any device, software or routine that interferes with the proper functioning
of the Site or servers or networks connected to the Site, or take any other action
that interferes with other parties' use of the Site;
• Use the Site or the Content, intentionally or unintentionally, in any manner
inconsistent with or in violation of any applicable laws or regulations or in violation
of the rules of any other web site providers, web sites, chat rooms or the like,
including, without limitation, laws regarding import/export of technical data by
virtue of your online transmission;
• Use any "robot", "spider" or other automatic or manual device or process
for the purpose of compiling information on the Site for purposes other than for
a generally available search engine; or
• Use any HNOS names, service marks, or trademarks without our prior written
consent, including without limitation as metatags or hidden text.
The Content on the Site is intended to provide information to the public and is
not legal advice of HNOS or any of its attorneys. Any opinions expressed through
Content on the Site are the opinions of the particular author and may not reflect
the opinions of HNOS or any individual attorney. Although we try to ensure the accuracy
of the Content, laws are often changing, and we cannot guarantee that all of the
Content is complete, accurate, or current. You should not act or refrain from acting
on the basis of any Content included on the Site without consulting an attorney
licensed to practice in your jurisdiction. Neither the Site, nor any information
or material you send to HNOS through the Site, is intended to create an attorney-client
relationship. If you communicate with HNOS through the Site, your communication
is not confidential, and may not be secure. If you are a current client of HNOS,
please do not send confidential information to us through the Site. You should not
act or rely on any legal information on the World Wide Web without obtaining the
advice of an attorney. The selection of an attorney is an important decision that
should not be based solely on advertising. Before making your choice of attorney,
you should give this matter careful thought. You should obtain substantive material.
For example, ask a prospective attorney or law firm to send you free written information
about their qualifications and experience.
We have made every effort to comply with all applicable legal and ethical requirements
pertaining to law firm websites. HNOS does not seek, nor are we attempting to obtain,
the representation of clients based on their viewing of any portion of this Site
that does not comply with applicable legal and ethical requirements pertaining to
law firm websites. Nothing contained in this Site should be construed to represent
that the quality of HNOS's legal service is greater than that provided by other
lawyers. Prior results cannot and do not guarantee or predict a similar outcome
with respect to any future matter, including yours, in which a lawyer or law firm
may be retained. Unless otherwise specifically stated, the attorneys listed in this
Site are not certified with respect to any specialty area of practice by any board
of legal specialization, commission on continuing legal education, or similar body.
The Site and the Content may be considered advertising in some jurisdictions. HNOS
does not seek to represent any person or entity based upon that person's or entity's
viewing the Site (or any portion of the Site) in any jurisdiction where the Site
(or any portion of the Site) does not comply with all of the laws and ethical requirements
of that jurisdiction. HNOS's attorneys do not seek to practice law in jurisdictions
where they are not properly authorized to practice. The various bar memberships
of our attorneys are listed in each attorney's biography. If the ethical requirements
in your area require HNOS to designate an attorney responsible for the Site or the
firm's principal office, we designate John Felice and the Boston office.
HNOS may change these Terms from time to time. Your continued use of this Site following
the posting of any changes to the Terms constitutes your acceptance of those changes.
If you object to any provision of these Terms or any subsequent modifications to
these Terms or become dissatisfied with the Site in any way, your only recourse
is to immediately terminate use of the Site.
HNOS reserves the right to modify or terminate these Terms or your access to the
Site (or portions of the Site), temporarily or permanently, with or without notice
to you, and is not obligated to support or update the Site. Those Terms which, to
be given rational effect, must survive termination of these Terms or your right
to access the Site shall survive such termination. You acknowledge and agree that
HNOS will not be liable to you or any third party in the event that HNOS exercises
its right to modify or terminate access to the Site (or portions of the Site). Unless
explicitly stated otherwise, any new features that augment or enhance the current
Site will be subject to these Terms.
The Site may provide links to web sites and access to content, products and services
of third parties, including entities with which our connection consists of only
a hyperlink ("Other Sites"). You should refer to the separate terms of use,
privacy policies, and other rules posted on Other Sites before you use them. HNOS
is not responsible for (a) the availability of, and content provided on, Other Sites,
nor does inclusion of any link imply endorsement of the Other Site by HNOS, or vice
versa; (b) third party content accessible through the Site, including opinions,
advice, or statements (and you understand that you bear all risks associated with
the use of such content); (c) any loss or damage of any sort you may incur from
dealing with any third party; or (d) your dealings with any third parties found
on or through the Site, including your participation in promotions, the payment
for and delivery of goods if any, and any terms, conditions, warranties, or representations
associated with such dealings. Links are provided as citations and are not intended
to state or imply that HNOS is affiliated, associated with, or legally authorized
to use any trade name, registered trademark, logo, legal or official seal, or copyrighted
symbol or material contained in a link or in linked material.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE AND ALL CONTENT,
MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. HNOS EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,
INTEGRATION, NON-INTERFERENCE WITH ENJOYMENT, AND SECURITY AND ACCURACY, AS WELL
AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
HNOS MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE
WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE,
ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (C) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE
OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) THAT DEFECTS,
IF ANY, WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR
DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR
OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL
AND/OR DATA.
IN NO EVENT SHALL HNOS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE
SERVICES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, INCURRED BY YOU OR ANY
THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND
STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF,
THE SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, OR OTHERWISE RESULTING
FROM: (1) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS, OR WEBSITES, (2)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (3) THE STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (4) ANY OTHER MATTER RELATING TO THE
SITE, EVEN IF HNOS WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION
ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING
DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL
OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT
PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS,
STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT
ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY,
SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless HNOS, its affiliates, shareholders,
directors, officers, co-branders, subsidiaries, parents, employees and agents, from
any claim, demand, liability, dispute, damage, cost, expense, or loss, including
reasonable attorneys' fees and costs of litigation, arising out of, or in any way
connected with your use of or access to the Site, your use of the Content, your
linking to the Site or your violation of these Terms.
In the event of any dispute related to or arising out of the Site, you hereby consent
to the exclusive jurisdiction and venue of the federal courts located in the Commonwealth
of Massachusetts (waiving any objection on the basis of personal jurisdiction or
convenience of venue) to the extent such courts have subject matter jurisdiction
over such a dispute. Should the relevant federal court not possess subject matter
jurisdiction over such a dispute, you hereby consent to the exclusive jurisdiction
and venue of the state courts of the Commonwealth of Massachusetts (waiving any
objection on the basis of personal jurisdiction or convenience of venue). You further
agree to service of process in any action by registered mail or any other means
provided by law. Some jurisdictions may provide additional rights to consumers.
If any provision of these Terms is found by a tribunal of binding authority to be
invalid, the parties agree that the court or arbitrator should give effect to the
parties' intentions as reflected in the provision, and the other provisions of the
Terms will remain in effect. HNOS's failure to act with respect to a breach by any
person using the Site does not constitute a waiver of its right to act with respect
to subsequent or similar breaches. These Terms will be governed by and construed
in accordance with the laws of the Commonwealth of Massachusetts without regard
to its choice of law provisions. In the event of any conflict between foreign laws,
rules and regulations and those of the United States, the laws, rules and regulations
of the United States will govern. The United Nations Convention on Contracts for
the International Sale of Goods will not apply to these Terms. HNOS may assign its
rights and duties under these Terms without such assignment being considered a change
to the Terms and without notice to you. You may not assign these Terms without the
prior written consent of HNOS. These Terms, any operating rules, policies, or procedures
that may be posted from time to time by HNOS on the Site, and any modifications
to the foregoing, constitute the entire agreement between the parties with regard
to the subject matter in these Terms and supersede all prior understandings and
agreements, whether written or oral, as to such subject matter. Nothing contained
in these Terms will be deemed to constitute either party as the agent or representative
of the other party, or both parties as joint venturers or partners for any purpose.
You agree that any claim or cause of action arising out of your use of the Site
or these Terms must be filed within one year after such claim or cause of action
arose or it shall forever be barred, notwithstanding any statute of limitations
or other law to the contrary. Within this period, any failure by HNOS to enforce
or exercise any provision of these Terms or related right shall not constitute a
waiver of that right or provision.
You acknowledge (a) that you have read and understood these Terms; and (b) that
these Terms have the same force and effect as a signed agreement.
If you have any questions regarding these Terms or the Site, please contact HNOS
at:
Hermes, Netburn, O'Connor & Spearing, P.C.
265 Franklin Street, 7th Floor
Boston, MA 02110