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”).
1. Use of Site Content
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.
2. Not Legal Advice/No Attorney-Client Relationship
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.
3. Law Firm Websites
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.
4. Modifications To Terms
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.
5. Termination of Site/Modifications To 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.
6. Other Sites, Content, Products and Services
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.
8. Limitation of Liability
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.
10. Dispute Resolution
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.
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12. Limitation of Actions Brought Against HNOS
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.
14. Contact Information
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