WEB SITE TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS INTERNET SITE
Right to Use; Legal Notice and Disclaimer
By accessing any part of the Vandenack Weaver LLC web site, including without limitation www.vwattys.com and all sub-domains and related domains (collectively, the “Site”), you acknowledge that we have authorized you to access the Site and you agree to be bound by these Terms and Conditions, as may be amended from time to time (the “Terms and Conditions”). Furthermore, you agree that by accessing the Site, you are requesting information from us. The information you are requesting is not legal advice, advertising or solicitation. Your transmission and receipt of information on our Site does not constitute legal advice, establish an attorney-client relationship, or create any duty of Vandenack Weaver LLC (“VW”) to any viewer of our Site. Any information and/or content you transmit to us via our Site is not in encrypted format, and is not stored on secure servers. This means that any information you transmit to us via our Site may be viewed by other people using the Internet or your wireless or your wired network, without your permission.
An attorney-client relationship with VW may only be created by an engagement letter. You will only become a client of VW once an attorney-client relationship is created. Any information sent to VW by a person who is not a client of VW at that time, is not subject to the attorney-client privilege and VW is under no duty of confidentiality with respect to such information.
Submission of Information via Forms and Tools
Any information to you submit to us via our Site’s forms or tools, other than by logging in to our client center and uploading information, is not in encrypted format, and is not stored on secure servers. Please do not transmit any information that you feel is confidential, private or proprietary. To submit confidential, private or proprietary information, please submit the information to us in a secure manner. If you have questions about how to submit information to us in a secure manner, please send an email to [email protected]. If you are a client of VW, any information we receive from you via our Site’s forms or tools will be protected by the attorney-client privilege. If you are not a client of VW, any such information will be retained by us as confidential while we undertake our client intake process. If you become a client of VW, then we will retain such information subject to the attorney-client privilege. If you do not become a client of VW, then we will return, destroy or retain such information. In the case we retain your information, we will do so in a confidential manner.
Restrictions On Use of The Site and Its Contents
The Site is owned and operated by VW. All information, documents and content appearing on the Site, including without limitation the text, site design, logos, graphics, icons and images, trademarks and service marks, and copyrighted material, as well as the selection, assembly and arrangement thereof, are our sole property or are property that we are authorized to use and allow you to use as set forth herein. You agree to use the information, documents and content of the Site only for your use as our licensee and for no other purpose.
Your client account
You are responsible for maintaining the confidentiality of your account information and password. You agree that you will not misuse or abuse account access and passwords, and that you are solely responsible for all conduct, and transmissions that take place under your account access and passwords, whether by you or someone else. If you are under the age of 13, you may not use the Site.
Modifications to Terms and Conditions, License Agreement or the Site
We reserve the right, at any time, without notice, to modify, alter, update or remove portions of the Terms and Conditions or the Site without liability to you or any third party. Please check the Terms and Conditions from time to time as your continued use of the Site signifies your acceptance of any changes, additions or deletions.
Rules of Conduct
By posting or providing information via any interactive service that may be available to you on or through the Site, including via Forms and Tools, you agree that you will not upload, post or otherwise distribute or facilitate distribution of any content, including without limitation text, communications, software, images, sounds, data or other information, that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals) or otherwise violates the Terms and Conditions;
- victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of ours or any third party;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation or any form of lottery or gambling;
- contains software viruses or any other computer code, files or programs that are designed or intended to, or actually do, disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any employee or representative of us.
You agree that you will not misuse or abuse account access and passwords, and that you are solely responsible for all conduct and transmissions that take place under your account access and passwords.
While we endeavor to provide the most accurate, up-to-date information available, the documents, content and information contained on the Site may, at times, contain technical inaccuracies, typographical errors, and other errors or mistakes and may be changed or updated without notice. We cannot guarantee or warrant that the content or other information provided through the Site will be accurate or up-to-date or that the procedure for purchasing products and/or services will operate correctly. In the event any service or product is listed at an incorrect price or is not actually available due to incorrect supplier information or other error, we shall have the right to refuse or cancel orders placed for the products or services listed at the incorrect price or actually unavailable, regardless of whether your credit card has been charged and the order has been confirmed. Information on price and availability is subject to change without notice. We are not responsible for any service interruptions on the Site or its availability to you. THE SITE AND THE INFORMATION, CONTENT AND DOCUMENTS ON THE SITE ARE PROVIDED BY US ON AN “AS-IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY OF THE PRODUCTS OR SERVICES SOLD THROUGH THE SITE AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES WITH REGARDS THERETO. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT, INFORMATION AND DOCUMENTS FOUND ON THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH CONTENT, INFORMATION AND DOCUMENTS SHALL BE AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE OPERATION OF THE SITE, AND THE INFORMATION, CONTENT, AND DOCUMENTS INCLUDED ON THE SITE AND WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO TITLE OR OWNERSHIP OF THE CONTENT, INFORMATION AND DOCUMENTS ON THE SITE. VW IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE VW ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICES SAFE, VW CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Limitation of Liability and Indemnity
WHILE VW ATTEMPTS TO INCLUDE ACCURATE AND COMPLETE CONTENT IN THE SITE CONTENT AND ERROR-FREE SOFTWARE, OCCASIONAL ERRORS OR OMISSIONS MAY OCCUR IN THE SITE CONTENT. VW WILL MAKE REASONABLE EFFORTS TO CORRECT THESE ERRORS OR OMISSIONS. NEVERTHELESS, VW CAN MAKE ANY REPRESENTATION REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED OR THE ERROR-FREE NATURE OF THE SOFTWARE PROVIDED. EXCEPT AS SPECIFICALLY PROVIDED IN THIS LICENSE AGREEMENT, THE LICENSED PRODUCTS ARE PROVIDED TO THE CUSTOMER AND USERS “AS IS.” VW AND SUPPLIERS OF CONTENT AND SOFTWARE FOR THE LICENSED PRODUCTS MAKE NO OTHER WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED. VW, ITS LICENSORS, AND SUPPLIERS OF CONTENT AND SOFTWARE FOR THE LICENSED PRODUCTS DO NOT WARRANT THE ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE LICENSED PRODUCTS OR THE INFORMATION THEY CONTAIN OR THE METHOD OF DELIVERING THAT INFORMATION TO USERS. VW, AND SUPPLIERS OF CONTENT AND SOFTWARE FOR THE SITE CONTENT DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS OR CLAIM OF ANY KIND RESULTING FROM, ARISING OUT OF, OR ANY WAY RELATED TO (A) ERRORS IN OR OMISSIONS FROM ANY SITE CONTENT, INCLUDING TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH HOT LINKS ON THE SITE, (C) THE UNAVAILABILITY OF THE SITE, (D) ANY USE OF THE SITE, (E) ANY USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE, OR (F) ANY RELIANCE ON THE INFORMATION CONTAINED ON THE SITE OR IN ANY CUSTOMER SUPPORT INFORMATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL VW OR ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSS OF GOODWILL IN ANY WAY ARISING FROM OR RELATING TO THIS LICENSE AGREEMENT OR RESULTING FROM THE USE OF OR INABILITY TO USE OF THE SITE OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS UNDER THIS LICENSE AGREEMENT, INCLUDING THE FAILURE OF ESSENTIAL PURPOSE, EVEN IF YOU OR ANY OTHER PERSON HAS BEEN NOTIFIED OF THE POSSIBILITY OF LIKELIHOOD OF SUCH DAMAGES OCCURRING. IN NO EVENT MAY YOU BRING ANY CLAIM OR CAUSE OF ACTION AGAINST VW MORE THAN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD VW HARMLESS FROM ANY AND ALL THIRD PARTY CLAIMS AND LOSSES ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OF THE SITE, REGARDLESS OF THE FORM OF ACTION. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF VW, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO VW FOR ACCESS TO OR USE OF THE SITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Links and Third-Party Content
The Site may contain links to third-party Web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. VW does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. VW provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply VW’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. VW accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Compliance With Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your purchase of products or purchase or use of services through the Site. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or other appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of the Terms and Conditions, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any person being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms and Conditions could subject you to criminal or civil penalties.
Collection of Information; Privacy
The Site is controlled, operated and administered by us from our offices within the United State of America. We make no representation that the information, content and documents on the Site are appropriate or available for use at locations outside of the United States and access to the information, content and documents on the Site from territories where their contents are illegal is prohibited. You may not use the Site or export the information, content and documents on the Site in violation of U.S. export laws and regulations.
Termination of Usage
We may terminate or suspend your access to all or part of the Site, without notice, if you are in breach of this agreement or for any conduct that we, in our sole discretion, believe is disruptive to the Site or is in violation of any applicable law or the Terms and Conditions.
We control the Site from our offices within the State of Nebraska, United States of America. The laws applicable to the interpretation of the Terms and Conditions shall be the laws of the State of Nebraska, USA, without regard to any conflict of law provisions. If any provision within the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
You agree that any action at law or in equity arising out of or relating to the Terms and Conditions or your use of the Site shall be filed only in the state or federal courts of Douglas County, Nebraska, USA, and that you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to the Terms and Conditions or the Site may be brought by either party more than one year after the cause of action has accrued.
“VW” and all logos and designs on the Site are our service marks and trademarks, are proprietary to us, and may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits us, without our written permission. All other trademarks, product names and company names and logos are the property of their respective owners.
How to Contact Us
Please feel free to contact us to resolve a complaint regarding any aspect of service relating to the Site. Please direct all technology and general web site related questions and concerns to: [email protected] Copyright 2011-2013, 2017, 2018 Vandenack Weaver LLC. All rights reserved.