AGREEMENT BETWEEN USER AND McDaniel Acord
The McDaniel Acord Web Site is comprised of various Web pages operated by McDaniel Acord.
The McDaniel Acord Web Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein.
Your use of
the McDaniel Acord Web Site constitutes your agreement to all such terms, conditions, and
notices.
MODIFICATION OF THESE TERMS OF USE
McDaniel Acord reserves the right to change the terms, conditions, and notices under
which the McDaniel Acord Web Site is offered, including but not limited to the charges
associated with the use of the McDaniel Acord Web Site.
LINKS TO THIRD PARTY SITES
The McDaniel Acord Web Site may contain links to other Web Sites ("Linked Sites"). The
Linked Sites are not under the control of McDaniel Acord and McDaniel Acord is not responsible for
the contents of any Linked Site, including without limitation any link contained
in a Linked Site, or any changes or updates to a Linked Site. McDaniel Acord is not
responsible for webcasting or any other form of transmission received from any
Linked Site. McDaniel Acord is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by McDaniel Acord of the site or any
association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the McDaniel Acord Web Site, you warrant to McDaniel Acord that you
will not use the McDaniel Acord Web Site for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. You may not use the McDaniel Acord Web Site in any
manner which could damage, disable, overburden, or impair the McDaniel Acord Web Site or
interfere with any other party's use and enjoyment of the McDaniel Acord Web Site. You may
not obtain or attempt to obtain any materials or information through any means
not intentionally made available or provided for through the McDaniel Acord Web Sites.
USE OF COMMUNICATION SERVICES
The McDaniel Acord Web Site may contain bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, and/or other message
or communication facilities designed to enable you to communicate with the
public at large or with a group (collectively, "Communication Services"), you
agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication
Service. By way of example, and not as a limitation, you agree that when using a
Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information.
- Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless you own
or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication
Services.
- Violate any code of conduct or other guidelines which may be applicable for
any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
- Violate any applicable laws or regulations.
McDaniel Acord has no obligation to monitor the Communication Services. However, McDaniel Acord
reserves the right to review materials posted to a Communication Service and to
remove any materials in its sole discretion. McDaniel Acord reserves the right to
terminate your access to any or all of the Communication Services at any time
without notice for any reason whatsoever.
McDaniel Acord reserves the right at all times to disclose any information as necessary
to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials,
in whole or in part, in McDaniel Acord's sole discretion.
Always use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. McDaniel Acord does not
control or endorse the content, messages or information found in any
Communication Service and, therefore, McDaniel Acord specifically disclaims any liability
with regard to the Communication Services and any actions resulting from your
participation in any Communication Service. Managers and hosts are not
authorized McDaniel Acord spokespersons, and their views do not necessarily reflect those
of McDaniel Acord.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible for
adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO McDaniel Acord OR POSTED AT ANY McDaniel Acord WEB
SITE
McDaniel Acord does not claim ownership of the materials you provide to McDaniel Acord (including
feedback and suggestions) or post, upload, input or submit to any McDaniel Acord Web Site
or its associated services (collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting your Submission you are granting
McDaniel Acord, its affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat your
Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. McDaniel Acord is under no obligation to post or use any Submission you
may provide and may remove any Submission at any time in McDaniel Acord's sole
discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE McDaniel Acord WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. McDaniel Acord AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE McDaniel Acord WEB SITE AT ANY TIME.
ADVICE RECEIVED VIA THE McDaniel Acord WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL,
MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
McDaniel Acord AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE McDaniel Acord WEB SITE
FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. McDaniel Acord AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL McDaniel Acord
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE McDaniel Acord WEB SITE, WITH THE DELAY
OR INABILITY TO USE THE McDaniel Acord WEB SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE McDaniel Acord WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE McDaniel Acord WEB SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF McDaniel Acord OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE McDaniel Acord WEB SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
McDaniel Acord WEB SITE.
SERVICE CONTACT : info@ok-counsel.com
TERMINATION/ACCESS RESTRICTION
McDaniel Acord reserves the right, in its sole discretion, to terminate your access to
the McDaniel Acord Web Site and the related services or any portion thereof at any time,
without notice. GENERAL To the maximum extent permitted by law, this agreement
is governed by the laws of the State of Washington, U.S.A. and you hereby
consent to the exclusive jurisdiction and venue of courts in San Mateo County,
California, U.S.A. in all disputes arising out of or relating to the use of the
McDaniel Acord Web Site. Use of the McDaniel Acord Web Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and McDaniel Acord as a result of
this agreement or use of the McDaniel Acord Web Site. McDaniel Acord's performance of this agreement
is subject to existing laws and legal process, and nothing contained in this
agreement is in derogation of McDaniel Acord's right to comply with governmental, court
and law enforcement requests or requirements relating to your use of the McDaniel Acord
Web Site or information provided to or gathered by McDaniel Acord with respect to such
use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect. Unless otherwise specified
herein, this agreement constitutes the entire agreement between the user and
McDaniel Acord with respect to the McDaniel Acord Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and McDaniel Acord with respect to the McDaniel Acord Web Site. A printed
version of this agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to
this agreement to the same extent an d subject to the same conditions as other
business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related
documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the McDaniel Acord Web Site are: Copyright 2012 McDaniel Longwell
Acord, PLLC and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law should be sent
to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for
Making Claims of Copyright Infringement.