Terms of Use
Last updated: 1 January 2023
Acceptance of the Terms and Conditions
This Terms of Use Agreement, along with all other agreements, disclaimers and disclosures displayed on Site (collectively, the “Agreement”) states the terms and conditions under which you may use the website located at www.newmanwatson.com, all Newman Watson LLP operated websites accessible therein, and all Content available therein (the “Site”). Please read this Agreement carefully. This Site is provided by Newman Watson LLP and contains various information in the form of data, text, reports, templates, agreements and other materials relating to and/or provided by Newman Watson LLP and its affiliated entities (“NW” or “we”) and its third-party content providers, (collectively, the “Content”).
By accessing, browsing and/or using this Site and its Content, you acknowledge that you have read, understood and agree to be legally bound by this Agreement. We reserve the right to amend this Agreement at any time and from time to time. You should check this Agreement, available through a link on the home page, each time you use the Site to determine if any changes have been made. If you use the Site after the amended Agreement has been posted, you will be deemed to have agreed to the amended Agreement. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THIS SITE.
Disclaimer
This Site presents general information about NW. The Site is not intended to provide legal advice and it should not be considered or relied upon as such.
The firm does not necessarily endorse, and is not responsible for, any third-party content that may be accessed through this Site. NW assumes no responsibility for the accuracy or timeliness of any information provided herein. The information contained herein is for informational purposes only and is not legal advice or a substitute for legal counsel. Any opinions expressed through the Content of this Site are the opinions of the particular author and may not reflect the opinions of NW or any individual lawyer.
Please understand that contacting NW by e-mail or telephone will not establish an attorney-client relationship, which can only be established through completion of the NW‘s internal processes, including without limitation completion of our conflicts checking process. Absent an engagement letter with NW, signifying an agreement by the firm to represent you, any information or documents transmitted by you to NW may not be treated as confidential, secret, or protected in any way. Thus, you should not NW any confidential information concerning any potential or actual legal matter you may have through this website.
Prior results do not guarantee similar outcomes for other clients.
For purposes of state Rules of Professional Conduct, including without limitation, New York, this Site may be considered attorney advertising.
Use of Cookies
This website uses cookies. For information on how we use cookies on this website, see our Cookie Policy.
User Conduct
By accessing the Site, you agree that you will not use the website for any illegal purpose. In addition, you agree that:
1. You will not harvest, collect or otherwise use contact information made available on the website for the purpose of sending unsolicited improper communications, including without limitation, unsolicited bulk email (collectively, spam) and that you will not use any NW communications facility to deliver or attempt to deliver spam
2. You will not attempt to gain unauthorized access to the Site or the servers and network associated with the Site
3. You will not circumvent or attempt to circumvent any security or access control technology implemented on the Site, or the servers and network associated with the Site
4. You will not use the Site in any manner designed to degrade the performance or functioning of the Site, including, without limitation, launching Denial-of-Service (DoS) attacks against the Site
Intellectual Property Rights
You acknowledge that this Site and the NW created works herein are protected by certain proprietary rights, including copyrights and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of NW or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content.
Use of Site Materials
Reproduction, copying or redistribution of materials on the Site for commercial purposes is prohibited without the express written permission of NW. To obtain permission to copy portions of this Site, please contact us. NW reserves the right to refuse permission to copy, distribute, broadcast or publish any of its copyrighted material, including text and images on our website.
Communications with NW
Transmission of information through the internet is not secure. Although NW seeks to protect any information you provide as described in its Privacy Policy, we cannot guarantee the security of any information you transmit to the Site or to us. As such, NW expressly disclaims any liability for damages resulting from third party interception of your communications with us via the Internet. If you choose to send us any information via the Site or via e-mail, you do so solely at your own risk.
Copyright Complaints
If you believe this Site contains Content that infringes your copyright, please contact us.
Links to Other Websites
This Site may periodically provide links to third-party websites (“Third-Party Sites”). This Agreement governs only this Site and not any Third-Party Sites. If you use any links on the Site to Third-Party Sites, you will leave NW’s Site. The linked sites are not under the control of NW and NW is not responsible for the contents of any linked site or any link contained on a linked site. NW provides these links to you only as a convenience and the inclusion of any link does not imply recommendation, approval or endorsement by NW of the site. NW does not control these Third-Party Sites and expressly disclaims any responsibility for the content, the accuracy of the information and any products or services available on the Third-Party Sites. If you decide to access linked Third-Party Sites, you do so at your own risk. You should direct any concerns regarding any Third-Party Sites to the administrator of the applicable Third-Party Site. You should also refer to the separate terms of use, privacy policies and other rules posted on Third-Party Sites before you use them.
Disclaimer of Warranties and Liability
Information provided on the Site is provided "as is" without warranty of any kind, either express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose or noninfringement. NW periodically adds changes, improves or updates the information and documents on the Site without notice. NW assumes no liability or responsibility for any errors or omissions in the content of the Site. Your use of the Site is at your own risk. Under no circumstances and under no legal theory shall NW, its suppliers or any other party involved in creating, producing or delivering the Site’s contents be liable to you or any other person for any indirect, special, incidental or consequential damages of any character arising from your access to, or use of, the Site.
Indemnification
You agree to make NW, and its officers, employees and agents, whole for any and all claims, losses, liabilities, and expenses (including lawyers’ fees) arising from your use of the Site or any violation of this Agreement.
Miscellaneous
1. In the event that any portion of this Agreement is held to be invalid or unenforceable, such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect.
2. The sections of this Agreement entitled Intellectual Property Rights, Disclaimer, Limitation of Liability, Indemnification, Miscellaneous shall survive the termination of this Agreement.
3. You expressly absolve and release the NW Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions.
4. You may not assign this Agreement.
5. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.
6. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, except with regard to its conflicts or choice of law rules.
7. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Site. Without limiting the generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation.
8. All rights not expressly granted herein are reserved by NW.
9. This Agreement contains the entire agreement of the parties concerning your use of this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.