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PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE (“SITE”). BY USING THIS SITE YOU AGREE THAT YOU ARE BOUND BY THESE TERMS.
Bevan, Mosca, & Giuditta P.C. (BMG) provides this Site to the general public solely for informational and non-commercial purposes. The information, content, images and other materials distributed on and through the Site and its email newsletters (collectively, the Information) is not offered as legal advice or as an offer to represent you. The Site and the Information should not be viewed as an indication of future results. Your access and use of this Site and the Information is not privileged and does not create an attorney-client relationship with BMG or any of its attorneys. Prior to using or relying upon any Information, you should seek professional advice from an attorney licensed to practice in your jurisdiction. BMG’s attorneys are licensed to practice in the jurisdictions indicated in their attorney biographies. In maintaining this Site, BMG does not intend to practice law or solicit legal representation in any jurisdiction where this Site may fail to comply with such jurisdiction’s laws and ethical rules (collectively, Rules). BMG is unwilling to accept representation of clients from jurisdictions where this Site does not comply with such Rules and where the client is generated through this Site.
The mailing address for this Site is Bevan, Mosca, & Giuditta P.C., 222 Mount Airy Road, Suite 200, Basking Ridge, NJ 07920 Attn: Richard A. Giuditta, Jr. BMG reserves the right, in its sole and absolute discretion, to change these Terms at any time. Please check these Terms periodically for changes. Your continued use of the Site following the posting of changes to these Terms will indicate your acceptance of those changes. BMG reserves the right to terminate these Terms and your access to the Site and the Information at any time, for any or no reason and in its sole and absolute discretion.
- Restrictions on Use of Information
No Information from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, performed, displayed or distributed in any way, except that you may view one copy of the Information on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Any other use of the Information is strictly prohibited. You will not upload any of the Information onto another site or make it accessible through any network environment. You will not use any trademarks, service marks or trade names appearing on the Site in any manner without the prior written consent of BMG. You will not link to or frame any content contained on the Site without BMG’s prior written permission.
You should not send any confidential, proprietary or other information to BMG or any of its attorneys or staff unless you have entered into a written agreement for the performance of legal services with our firm. You should be aware that electronic mail and the Internet are insecure methods of transmitting information. Any information sent by electronic mail or through the Internet may be viewed by third parties. If you are a client of our firm and wish to send us confidential, proprietary or other sensitive information, please contact the attorney handling your matter to discuss how to transmit such information to us.
- General Disclaimer; Disclaimer of Warranties; Limitation of Liability and Limitation on Damages
These materials have been prepared by BMG for informational purposes only and are not intended and should not be construed as legal advice. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Internet subscribers and online readers should not act upon this information without seeking professional counsel. Do not send BMG information until you speak with one of BMG’s lawyers and get authorization to send that information to us.
The Site and the information are provided as is and without warranties of any kind whether statutory, express or implied including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement, all of which are expressly disclaimed to the maximum extent permissible by law. BMG does not warrant that access to the Site and the information will be uninterrupted, secure or error-free, that defects will be corrected, or that the Site, the information or the server that makes them available are free of viruses or other harmful components. BMG does not warrant or make any representations regarding the use or the results of the use of the Site or the information, or any other Sites, information or internet services accessible from the Site including, without limitation, any warranties or representations relating to their accuracy or reliability. The information on the Site is general in nature and may not reflect current legal developments. BMG does not undertake any obligation to update the information on the Site. Your decision to access the Site, the information and any other Sites or internet services accessible from the Site is at your own risk. You should note that other Sites and internet services may have terms and conditions that are different from these terms.
Under no circumstances, including, but not limited to, negligence, shall BMG and its partners, managers, employees, agents and/or representatives be liable for any direct, indirect, special, consequential or punitive damages that result from the use of, or the inability to use, the Site or the information, even if BMG or a BMG authorized representative has been advised of the possibility of such damages. In no event shall the aggregate liability of BMG and its partners, managers, employees, agents and/or representatives to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) relating to these Terms and your use of the Site and the information exceed $500.
Please note that some jurisdictions may not allow the exclusion of implied warranties or the limitation of certain types of liability and damages and, as a result, some of the above exclusions and limitations may not apply to you.
You agree to indemnify, defend and hold harmless BMG, its partners, managers, employees, agents and/or representatives against any and all claims, liability, losses, damages, litigation, judgments, costs and expenses (including reasonable attorneys’ fees) arising out of or relating, directly or indirectly, to your breach of these Terms and your use of the Site and the Information. Your obligations pursuant to this Section 5 will survive any termination of these Terms.
- Awards and Honors Methodology
BMG and BMG attorneys are honored to have been selected to the list of Super Lawyers® or Super Lawyers Rising Stars. For a description of the standard or methodology on which these awards are based, click here to view the “Ranking Methodology.”
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, excluding its principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in the State of New Jersey (including, without limitation, the Superior Court of New Jersey – Morris County), and you consent to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action. You agree that any claim or cause of action arising out of or related to these Terms, your use of this Site or the information must be filed within one (1) year after such claim or cause of action arose or forever be barred. If any provision of these terms shall be unenforceable for any reason, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to your access to the Site, and supersedes any prior agreement or understanding other than a written retainer agreement you have with the firm (if any). These Terms shall not be modified except as provided herein.
These Terms and Conditions were last updated, April 20, 2020.