Provider provides this Site and the hypertext links and other resources Accessible via this Site (those links and resources "Third Party Websites") and all related URLs (the Site, Third Party Websites and URLs the "Services") to you, subject to these Terms. These Terms are entered into between Provider and you. If you are using the Services on behalf of another person, you represent that you are authorized to accept these Terms on that person's behalf. Unless explicitly stated otherwise, these Terms will govern your use of any new features that augment or enhance the current Services, including the release of new products or services.
(a) Vance R. Koven is a practicing attorney. He welcomes new clients and new matters from existing clients. However, the only way to become a client is to sign a fee agreement with him.
(b) Vance R. Koven is licensed to practice law in the Commonwealth of Massachusetts, and nothing in this Site expresses any opinions or advice concerning the status of law outside the Commonwealth of Massachusetts. In fact, nothing in this Site constitutes a legal opinion or advice, since doing so requires, first, a lawyer-client relationship, and second, adequate information on the specific facts of a situation. Use of this Site or any of its materials does not make you a client of Vance R. Koven, nor do any of the following:
(1) Completing and submitting a client form or questionnaire.
(2) Sending a payment or retainer.
(3) Sending information to Vance R. Koven over the phone, by email through this site, or by any other means.
(c) Information provided on this Site is intended only as general legal information, does not constitute legal advice, and should not be relied upon to take or forego any action. If you have questions about your specific situation, consult an attorney. The materials on this Site are not a substitute for the in-person advice of an attorney, who can review the specific facts of your situation and advise you accordingly.
(d) Vance R. Koven will gladly discuss your situation with you, but only one-to-one and only if an appointment is scheduled for a consultation. That consultation will be conducted in accordance with the firm’s Initial Consultation policy, which can be found in the Documents page of the Site. THE ONLY WAY TO BECOME A CLIENT OF VANCE R. KOVEN IS FOR YOU AND HE TO EXECUTE A FEE AGREEMENT DEFINING THE NATURE OF THE SERVICES TO BE PROVIDED.
(e) Please DO NOT send confidential information concerning your specific situation through this Site. All such information will be deleted by Provider without being read, and you will be sent an email in response inviting you to schedule an appointment for an initial consultation. This is to protect both potential and existing clients of the firm.
All content contained on the Site, including text, video, images and information (the "Content") displayed or available on it contains information and other material that is protected by copyright, trademark or other proprietary rights of Vance R. Koven or third-party content providers. You agree to comply with any and all restrictions regarding any and all of the Content. No Content from this Site may be copied, republished, uploaded or otherwise distributed. You may only download one copy of the Content on a single computer for your personal, noncommercial use, as long as all copyright and other proprietary notices remain intact and are prominently displayed. You may not sublicense, transfer or otherwise make any Content available to any anyone for commercial purposes or financial gain or to use the Content in any other media or in any other location. You may not alter or modify the Content in any way except to fill out forms for use by Provider.
(a) Members of the general public who are over the age of 18 years may lawfully use this Site, and Provider grants you a non-exclusive, non-transferable, limited right to Access, use and view this Site and the Content on it, solely for your own personal use, provided, however, that you may not, nor may you allow others, directly or indirectly, to:
(1) sell, license, lease, copy, transmit to any other person, modify or create derivative works from the Content in any way or publicly display, transmit, distribute or otherwise use the Content for any public or commercial purpose, including without limitation use of the Content on any other website or in any environment of networked computers;
(2) use this Site in any manner that could damage, disable, overburden or impair this Site, such as (a) transmitting to or distributing on this Site any harmful, disruptive, or destructive files or programs, including computer viruses, Trojan horses, worms, backdoor, shutdown mechanism, (b) interfering with the security of this Site or any Services, system resources, accounts, servers or networks connected to or accessible through this Site or associated or linked sites; (c) using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part; or (d) otherwise abusing the Site;
(3) disrupt or interfere with any other person's use or enjoyment of this Site or associated or linked sites. This includes (a) using or attempting to use another's account, password, service, system or other information without prior written authorization from Provider, (b) creating or using a false identity on this Site; (c) attempting to obtain unauthorized access to this Site or portions of it that are restricted from general access; and (d) uploading to, distributing to, or otherwise disseminating through this Site any material or information that is threatening, harassing, libelous, defamatory, obscene, pornographic, fraudulent, deceptive, abusive, or that otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.
(b) You are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and you shall comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content.
Provider may modify, suspend or terminate your access (regardless of whether Provider is similarly doing the same for other persons similarly situated) to all or any part of the Content, or to change, suspend or discontinue any Content, without prior notice or liability.
Provider makes no warranty, express, implied, statutory or otherwise (specifically disclaiming any implied warranty of merchantability, fitness for a particular purpose, or non-infringement) with respect to the Site and the Content, or:
(1) that the Site will be uninterrupted or error free,
(2) that the Content will be available at any particular speed or time, or
(3) that the Content is accurate.
You expressly assume the entire risk as to the quality and performance of the Site and the accuracy or completeness of the Content.
Provider provides on this Site links to Third Party Websites operated by others. These Third Party Websites will typically be identifiable through a change to the URL in your Web browser. Utilizing these links removes you from this Site whether or not your computer provides a dialogue box to notify you of that fact, and transfers you to a Third Party Website over which Provider has no control, influence or input. The inclusion of a link to a Third Party Website does not constitute endorsement, sponsorship, affiliation, license through or recommendation by Provider, or of the Third Party Websites, the entities themselves or of any content, services or products available on or through those Third Party Websites. Use of these Third Party Websites is subject to their terms and conditions, not those of Provider, and you do so at your own risk. You are advised to take all protective measures to guard against viruses and other destructive elements.
This Site may contain content provided by third parties, including among other things advertisements. You agree that Provider shall not have any liability whatsoever to you for any such third party material, data or information.
Provider does not guarantee the security of any information transmitted to or from this Site, including to or from any Third Party Websites linked to this Site. Submission of any information to this Site or to any Third Party Websites linked to this Site is entirely at your own risk and responsibility. Do not send any confidential or proprietary information to Provider through this Site. Except for personal information about you, any information you do send to Provider through this Site will be deemed NOT to be confidential ("Non-Confidential Information"). For any Non-Confidential Information you do send, you hereby grant to Provider a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any material or information submitted by you to this Site or to incorporate it in other works regardless of form, medium or technology.
Provider will not be liable for any lost profits, lost data, costs to procure substitute goods or services or content, or for any indirect, special, incidental or consequential damages, however caused or under any theory of liability. These limitations apply whether or not you have advised any of the above persons of the possibility of such damage. You acknowledge that these limitations of liability represent a reasonable allocation of risk. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
You will be liable to Provider, and Provider’s respective partners, employees, representatives, contractors, affiliates, successors or assigns, including all third parties mentioned at this Site, for the costs arising from any claims, actions or demands, including the cost of legal and accounting fees, resulting from or alleged to result from your use of this Site, the Content and the Services, or your breach of these Terms.
These Terms will be deemed to have been made and performed exclusively in Boston, Massachusetts and are governed by and construed under the laws of Massachusetts without giving effect to its conflict of laws principles. You hereby submit to the exclusive personal jurisdiction of and venue in the courts sitting for Suffolk County, Massachusetts for any claim arising out of these Terms, the Site and its contents, and your use of them. You shall not bring any action, claim, suit or proceeding against Provider in any other jurisdiction.
Provider may, at any time, modify or update these Terms ("Changes"), and you will be bound by those Changes. Changes will be effective immediately without any notice other than by posting the revised Terms in their entirety on this Site. By Accessing this site you acknowledge that you should regularly review the Terms posted at this Site and to be aware of Changes. Use of the Site following any Changes constitutes your agreement to follow and be bound by these Terms as changed.