Terms of Use

The Flatiron Law Group LLP (“Law Office, “we” or “us”) provides the materials located at www.flatiron.legal (the “Site”).

Use of this Site by any individual or entity (“you”) is subject to the following terms and conditions (this “Agreement”):

1. Acceptance of Agreement.

You agree to the terms and conditions set forth in this Agreement that apply to use of the Site. You should not use the Site if you do not agree to these terms. This Agreement constitutes the entire and only agreement between you and us and supersedes all prior or contemporaneous agreements, representations, warranties and understandings concerning the Site and the subject matter of this Agreement.

We reserve the right to change this Agreement at any time, effective immediately upon posting. Please check this page periodically. If you violate the terms of this Agreement, we may terminate your current use and restrict you from future use of the Site and take appropriate legal action against you.

2. Copyright.

Any applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights protect the content, organization, graphics, design, compilation, digital conversion and other matters related to the Site. The copying, redistribution, use or publication by you of any part of the Site, except as allowed by Section 3 below, is strictly prohibited. The posting of information on the Site does not constitute a waiver of any right in such information. Some of the content on the Site may be the copyrighted work of third parties.

3. Limited License; Permitted Uses.

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site solely in accordance with this Agreement; (b) to use the Site only for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. You may not use any printout or electronic version of any part of the Site or its contents in any litigation or arbitration matter whatsoever under any circumstances.

4. Restrictions and Prohibitions on Use.

Your license for access and use of the Site and any information, materials or documents therein (collectively defined as “Content and Materials”) are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section III above), republish, display, distribute, transmit, sell or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials; (d) use any Content and Materials in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Law Office or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse-engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial e-mail; (2) e-mail that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating e-mail, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.

5. Attorney Advertising; Outcomes Not Guaranteed

The contents of the Site constitute attorney advertising.

Prior results do not guarantee a similar outcome.

6. Informational Purpose Only

We prepared the materials available on the Site for informational purposes only. The information provided on the Site is provided only as general information, which may or may not reflect the most current legal developments. The opinions expressed on or through the Site are the opinions of the individual author and may not reflect our opinions Law Office.

7. No Legal Advice or Attorney-Client Relationship.

The information contained on or made available through the Site is not intended to, and does not, constitute legal advice, recommendations, mediation or counseling under any circumstance. The Site and your use thereof does not create an attorney-client relationship. We do not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk. You should not act or rely on any information on the Site without seeking the advice of a competent attorney licensed to practice in your jurisdiction for your particular problem. The information contained herein does not necessarily reflect the opinions of our clients.

8. Forms, Agreements & Documents.

We may make available through the Site sample forms, checklists, business documents and legal documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your one-time personal use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license.

Documents are provided without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, or appropriateness.

WITHOUT LIMITING THE TERMS OF SECTION 18, THE DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH “ALL FAULTS”, AND LAW OFFICE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

The Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Documents are only samples and may not apply to one specific situation.

9. Linking to the Site.

You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, the copyright notice or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.

10. Certain Confidentiality Issues.

Do not send confidential information unless we have expressly authorized the submission of such information by written authorization. Sending us confidential information related to you or your company will not result by itself in the engagement of us as yourcounsel.

If you communicate with us in connection with a matter for which we do not already represent you, you should not send us any confidential or sensitive information via e-mail or otherwise, we may not treat your communication as privileged or confidential.

If you communicate with us by e-mail in connection with a matter for which we already represent you, you should note that the security of Internet e-mail is uncertain. By sending sensitive or confidential e-mail messages that are not encrypted, you accept the risks of such uncertainty and possible lack of confidentiality over the Internet.

11. Designation.

To the extent the Bar Rules in your jurisdiction require us to designate a single attorney responsible for this site, we designate Russell Murphy for California, Leonard Nuara for New Jersey, Donald Locke for North Carolina & Texas, and Mark Haddad for New York.

Each of their contact details are on our Team pages.

12. Use In Other Jurisdictions.

We practice law only in jurisdictions in which we are properly authorized to do so. Law Office does not seek to represent anyone in any jurisdiction where the Site does not comply or is in any way inconsistent with the rules governing communication of legal services in a particular state. We are unwilling to assume the representation of clients from those states where the materials do not comply with State Bar requirements and where the client is generated as a result of that communication.

13. Statement In Compliance With Certain Rules of Professional Conduct.

Unless otherwise specified, the attorneys listed on the Site are not certified as a “specialist” in any practice area.

14. Errors, Corrections, and Changes.

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected.

We also do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. The law is continually changing and the information may not be complete or accurate depending on your particular legal issue. Each legal problem depends on its unique context deriving from individual facts, and different jurisdictions have different laws and regulations.

We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

15. Third Party Content.

Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any third party content. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

16. Unlawful Activity.

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, IP addresses and traffic information.

17. Indemnification.

You agree to indemnify, defend and hold us and our employees, subcontractors, successors, assigns, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Site.

18. Disclaimer.

THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER, EXCEPT AS PROVIDED IN SECTION 19(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

WE HEREBY DISCLAIM ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT.

19. Limitation of Liability.

(a) Law Office and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (i) any errors in or omissions from the Site or information obtained, (ii) the unavailability or interruption of the Site or any features thereof, (iii) your use of the Site, (iv) the content contained on the Site, or (v) any delay or failure in performance beyond the control of Law Office or any Affiliated Party.

(b) THE AGGREGATE LIABILITY OF LAW OFFICE AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST LAW OFFICE AND ANY AFFILIATED PARTY.

20. Use of Information/Privacy Policy.

We reserve the right, and you authorize us, to use all information regarding Site usage by you and all information provided by you in any manner in accordance with our

Privacy Policy.21. Links to other Web Sites.

The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and we have not and do not investigate, monitor or check for accuracy or completeness such Web sites. The inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave the Site and access these third-party sites, you do so at your own risk.

22. Copyrights and Copyright Agents.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Law Office’s Copyright Agent,

[email protected]

, the following information:

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

b. A description of the infringed upon copyrighted work that you are claiming;

c. A description of the location on the Site where the material that you claim is infringing;

d. Your address, telephone number, and e-mail address;

e. 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

f. 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 authorized to act on the copyright owner’s behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site may be contacted by e-mail to the Copyright Agent at

[email protected]

23. Legal Compliance.

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Site and the Content and Materials provided therein.

24. Miscellaneous.

You and we shall treat this Agreement as though it were executed and performed in New York, New York. This Agreement shall be governed by and construed following the laws of the State of New York (without regard to conflict of law principles). You must institute any cause of action concerning the Site within one (1) year after the cause of action arose or be waived and barred. All actions shall be subject to the limitations set forth in Section 16 and Section 17. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision of this Agreement nor affect any of the rights or obligations of the parties to this Agreement. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed as much as possible consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

Arbitration.

Any legal controversy or legal claim arising out of or relating to this Agreement or the Site (excluding legal action taken by us or you to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement), shall be settled solely by confidential binding arbitration under the auspices of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in accordance with commercial arbitration rules of JAMS. Any arbitration of such controversy or claim shall be on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. You agree to conduct the arbitration in New York, New York.

Each party shall bear one-half of the arbitration fees and costs incurred, and each party shall bear its own attorneys’ fees.