Terms of Use & Privacy Policy

Terms of Use

No Attorney-Client Relationship is Created by Your Use of The Websites

No attorney-client relationship between you and the Firm is or may be created by your access to or use of the websites or any information contained on them. The only way to become our client is through a mutual agreement in writing as described below. Further, none of the information on the websites constitutes legal advice, nor does it necessarily reflect the opinions of the Firm, our attorneys or our clients. Any information you submit via the websites will not be considered confidential and may be subject to applicable disclosure and reporting requirements, as required by law.

Please Contact Us If You Would Like Us to Represent You

If you are interested in asking us to represent you, please call us, email us, or otherwise contact us through one of our websites so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. The telephone numbers for our office are listed on our websites. If you submit information to us by email or otherwise through one of our websites, you acknowledge that it will not be considered to be confidential and consent to our sharing it with other law firms to determine whether we will agree to represent you. In any event, we will not make the determination whether to represent you by e-mail communication or communications through the websites. We reserve the right to decline any representation, and may be required to decline representation if it would create a conflict of interest with our other clients. Please also review our Disclaimers for additional information if you’re considering asking us to represent you.

You Should Not Rely on the Information Contained on the Websites

The information provided on the websites is general in nature and does not apply to any particular factual, legal, medical, financial, insurance, or other situation. As such, you should not rely on any information on our websites, and should seek professional advice as you determine appropriate.

In particular, you should consult personally and directly with:

* an attorney to understand what your legal rights may be in any particular situation;

* appropriate medical, health, counseling, or other professionals for any medical, health, counseling, or other similar advice. For example, if at times you submit an inquiry to a social worker, nurse, or other professional through one of our websites, the response is for your general information only and should not be relied on; and/or

* appropriate financial or insurance professionals for advice related to any financial matters, such as related to any stocks or mutual funds, or insurance matters.

In addition, although we try to provide accurate and complete information, we make no commitment or express or implied warranty that the factual, legal, medical, financial, or any other information contained on our websites, or on any linked websites, is accurate, complete, error-free, or current. We assume no liability if it is not, and your use of the websites is solely at your own risk.

Without limiting the generality of the foregoing, we are not responsible for any content, communications, information, or other materials posted, submitted, communicated, shared, discussed or otherwise generated through blogs, discussion boards, or other public areas of the websites ("User Generated Content"), nor do we guarantee its truthfulness, accuracy or completeness. Any actions you take or do not take based on or related to User Generated Content are solely at your own risk.

Third-Party Websites

The websites, including User Generated Content, may contain links to third party websites. These links are provided only as a convenience to the recipient. We do not control and are not responsible for any linked third-party websites, and their policies and practices may not be consistent with these Terms of Use or our Privacy Policy. Further, we do not necessarily endorse any of these third-party websites and do not intend to imply any association between the Firm and the party or parties involved. If you use any third-party links, you do so at your own risk, and should check their terms of use and privacy policies before accessing or using them.

User Accounts

You may be asked to create an account to access some features of the websites, such as a discussion board. If you create an account, you agree to provide complete and accurate information, either using your own information and on your own behalf, or on behalf of a family member or friend who has authorized you to do so.

As part of this process, you may be asked to select a unique username and password or provide other information. You are responsible for and must keep your account password secure, and you must notify us immediately of any unauthorized use of your account.

In any event, you alone are responsible for any activity using your account. The Firm will not be liable for any losses caused by any use of your account, authorized or unauthorized, but you may be liable for the Firm’s or others’ losses due to such use.

User Generated Content

Our discussion boards, blogs and the other public areas of the websites are intended to facilitate open communication and discussion. If you post, submit, share, disseminate, or respond to User Generated Content, however, you agree that:

* your User Generated Content will not (i) be defamatory, harassing, threatening, obscene, pornographic, or invasive of privacy, (ii) be illegal, encourage illegal activity, violate of the rights of others, or otherwise give rise to liability, (iii) be confidential or proprietary, or infringe any third-party intellectual property rights and, (iv) in particular, be copyright protected (unless you have full permission to publish it under the terms hereof from the copyright owner).

* you are solely responsible for the User Generated Content and your failure to comply with the foregoing.

* we have the right (but assume no obligation) to monitor, delete, move, or edit any User Generated Content that we consider inappropriate or unacceptable for any reason.

* you grant to us, and to each user of the websites, a global, nonexclusive, unlimited license to publish, reproduce, sell, display, perform, disclose, distribute, use, edit or modify the User Generated Content, and any ideas, concepts or techniques embodied in the User Generated Content, for any purpose whatsoever, and you waive any and all moral rights you may have in the foregoing.

Ownership, License & Limitations On Use

Ownership by the Firm

As between you and the Firm, all right, title and interest in the websites (including all copyrights, trademarks and other intellectual property rights) belongs to the Firm or its licensors. In addition, the names, images, pictures, logos, icons and other marks identifying our products and services in many countries are proprietary marks of the Firm and/or our affiliates. Except as expressly provided below, nothing contained herein should be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.

Limited License and Right to Use the Websites and Content

You are hereby granted a nonexclusive, nontransferable, limited license to view and use information from the websites (i) solely for your personal, informational, non-commercial purposes, (ii) on the terms herein, (iii) provided that you do not modify or alter the content in any way, and (iv) provided that you do not delete or change any copyright or trademark notice.

Except as expressly provided herein, no part of the websites, including but not limited to materials retrieved and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means. In no event should materials from the websites be stored in any information storage and retrieval system without prior written permission from the Firm.

In addition, you may only use the websites if you agree not to take any action that might (i) interfere with their proper working, (ii) impose an unreasonable or disproportionately large load on their infrastructure, (iii) compromise their security, (iv) render them or their features inaccessible to others, (v) cause other damage to the websites or any content, or (vi) launch any automated system, including without limitation, any “robot,” “spider,” or “offline reader” that sends more requests to their server(s) in a given period of time than a human can reasonably generate using a conventional web browser.

Use, duplication, or disclosure by or for the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19.

Other Disclaimers, Limitation of Liability, and Indemnity

"Covered Parties" means the Firm (including affiliated and other related entities), its listees, business partners and other entities participating in the websites, and its and their officers, directors, partners, principals, managers, members, employees, contractors, agents, successors, and assigns.

Other Disclaimers

THE WEBSITES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND THE COVERED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE GENERALITY OF OTHER TERMS HEREIN, THE COVERED PARTIES ALSO DISCLAIM ALL WARRANTIES, RESPONSIBILITY AND LIABILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITES AND THEIR CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) USER GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS THEREIN, (C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN OUR WEBSITES, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS THEREIN, (D) THE UNAVAILABILITY OF THE WEBSITES OR ANY PORTION THEREOF, (E) YOUR USE OF THE WEBSITES, (F) ANY SOFTWARE YOU MAY DOWNLOAD FROM OUR WEBSITES OR THIRD-PARTY WEBSITES, (G) VIRUSES OR OTHER DAMAGING FACTORS, OR (H) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITES.

Limitation of Liability

The Covered Parties are and will not be liable for any damages, including but not limited to any direct, indirect, incidental, special, reliance, or consequential damages of any kind whatsoever (including, without limitation, attorneys' fees, lost profits, savings, or data), in any way due to, resulting from, or arising in connection with the websites, including their content and your use thereof, regardless of any negligence or fault of any of the Covered Parties, and whether or not any of the Covered Parties were apprised of the possibility of such damages. In no event will the aggregate liability of any of Covered Parties related to your use of the websites, User Generated Content, or their other content be greater than $100.

Indemnity

You agree to indemnify and hold harmless the Covered Parties from any losses, damages, claims, or liabilities of any nature, including reasonable attorneys fees, arising from your use of the websites, User Generated Content, or their other content, or your breach of the terms hereof. The indemnity does not apply to events arising directly from an attorney-client relationship, if any, that may be entered between you and the Firm on the terms described herein.

Legal and Ethical Requirements

It is the Firm’s intention to fully comply with all legal and ethical requirements related to the websites. To the extent that the professional responsibility requirements of any jurisdiction require us to designate a principal office or an attorney responsible for the websites, the Firm designates its office located at 1340 Centre Street in Newton, Massachusetts (USA), and James G. Sokolove.

Capacity to Accept Terms of Use

In accessing or using the websites, you affirm that you (i) are more than 18 years old, or an emancipated minor, or possess legal parental or guardian consent, (ii) are fully able and competent to understand and enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use and our Privacy Policy, and (iii) agree to comply with these Terms of Use and our Privacy Policy. In any case, you acknowledge that the websites are not intended for children under the age of 13, and affirm that you are more than 13 years old. Please do not use the websites if you are under the age of 13, and talk to your parents or guardian about which websites you can visit.

Entire Agreement; Severability; No Waiver

These Terms of Use incorporate by reference any notices contained on the websites and, with our Privacy Policy and any end-user license agreements, constitute the entire agreement regarding your access to and use of the websites. If any provision of these Terms of Use or our Privacy Policy is unlawful, void or unenforceable, that provision will be severable from the remaining provisions and will not affect their validity and enforceability. The Firm’s failure to enforce any provision on any occasion is not and should not be construed as a waiver of such provision.

Governing Law; Jurisdiction

These Terms of Use and our Privacy Policy are to be governed by and construed in accord with the laws of the Commonwealth of Massachusetts, USA, without regard to choice of law principles, and U.S. federal and state courts located in the Commonwealth of Massachusetts, USA, are the exclusive forum and have sole jurisdiction for any dispute.

Claims of Copyright Infringement and the Digital Millennium Copyright Act

The Firm is committed to complying with U.S. copyright and related laws, and requires all customers and users of the Service to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements.

The Firm is committed to complying with U.S. copyright and related laws, and requires all customers and users of the Service to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements.

your physical or electronic signature or that of a person authorized to act on behalf of you, the purported owner of an exclusive right that is allegedly infringed;
identification of the copyright or work claimed to have been infringed, or a multiple copyrighted work at a single online site or covered by a single notification, or a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
information reasonably sufficient to permit us to contact you, the complaining party, or the person authorized to act on your behalf;
a statement that you, the complaining party, have a good faith belief that the use of the material in the manner complained of is not authorized by you the copyright owner, your agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of you, the owner of an exclusive right that is allegedly infringed. The Firm’s Copyright Agent for notice of claims of copyright infringement on or relating to the websites can be reached either by:

* sending an e-mail request to clientservices@sokolovelaw.com; or
* sending a letter via the U.S. Mail to:

Copyright Agent
c/o General Counsel
Sokolove Law, LLC
93 Worcester St., Suite 101
Wellesley, MA 02481

The Firm will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s) stored on the websites or (ii) disable access to the work(s). The Firm will also notify the affected customer or user of the Service of the removal or disabling of access to the work(s). Copyright owners may use their own notification of claimed infringement form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to the Firm, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.

If you receive a notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to the Firm. Upon the Firm’s receipt of a counter notification that satisfies the DMCA requirements, the Firm will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification. In all events, you expressly agree that the Firm will not be a party to any disputes or lawsuits regarding alleged copyright infringement.

If a notification of claimed infringement has been filed against you, you can file a counter notification with the Firm’s designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.

Material available on the Firm’s websites is protected by copyright law. Copyright © 2003-10

Effective date: March 19, 2009

Privacy Policy

Thank you for visiting one of the websites of Sokolove Law, LLC and Sokolove Law, LLP. Our websites provide general information about the legal services that we offer and/or other general information and resources.

All references to "Firm," "we," "us," or "our" refer to Sokolove Law, LLC (which operates as a limited liability company in all states except California, Michigan, Tennessee and Virginia), Sokolove Law, LLP (which operates as a limited liability partnership in California, Michigan, Tennessee and Virginia), and their affiliated and related entities. All references to the or our “websites” refer to this website and our other Firm-owned and/or operated websites that include our Terms of Use and Privacy Policy.

This Privacy Policy and our Terms of Use set forth the conditions under which you may access and use the websites. By accessing and using the websites, you agree to be bound by our Privacy Policy and Terms of Use then in effect and by all applicable law. If you do not agree with any of the Terms of Use or our Privacy Policy, you should not access or use the websites for any purpose. We reserve the right to terminate or limit your access to the websites for any violation of the Terms of Use or our Privacy Policy, or for any other reason, in our sole discretion.

What Information Do We Collect?

Our websites generally collect your personally identifiable information when you voluntarily submit it through any of the websites. For example, you may submit and we may collect your name, e-mail address, or similar information when you choose to apply for a free case evaluation, register for or provide it on one of our discussion boards or blogs, or otherwise submit it to us through one of our websites.

We also may collect non-personally identifiable information when you access and use our websites.

We are not responsible for the data collection, privacy practices or policies of any third-party websites that we may link to or that may link to our websites. We encourage you to read the privacy policy of every website you visit.

Cookies

Like many other websites, we use cookies for various reasons. Cookies are bits of text that are placed on your computer’s hard drive when you visit certain websites. We use cookies to tell us, for example, whether you’ve visited us before or if you’re a new visitor, and to help us understand what areas of the websites are of greatest interest to you. Cookies also may enhance your online experience by saving your preferences and password so you do not have to re-enter this information each time you visit our websites. Cookies are not used to identify you and will not collect personally identifiable information.

Most web browsers automatically accept cookies, but you can configure your browser to stop accepting new cookies, to notify you when you a new cookie is received, and to disable existing cookies. If you choose to disable cookies in your browser, however, you may not be able to take full advantage of all our websites’ features.

How Do We Use and Share Your Information?

By submitting information, including personally identifiable information, to our websites, you (i) consent to our use and disclosure of such information in any manner permitted by law, and (ii) acknowledge that you have no expectation of privacy, confidentiality, or privilege in it.

Specifically, but without limitation, you consent that any information you submit to the Firm, other users, and other third-parties over the websites may be collected, used, shared, sold, or disclosed to:

* evaluate whether to represent you (and it may be shared with other law firms for this purpose)

* provide you with legal services if you are or become a client of the Firm

* monitor and analyze our business or website operations

* collect debts, fight fraud, or protect the rights or property of the Firm, our clients, our websites, their users, or third parties, or as otherwise permitted by law

* be incorporated into our database for mailings or other purposes

* otherwise be provided to our affiliates, business partners, or others who work for us such as service providers, vendors, contractors and agents, and/or to other unaffiliated third parties, for marketing or other business purposes

Furthermore, any communication, material or content you submit, post or access on an interactive discussion board, blog, other public area, or other interactive function on the websites is a public or other non-private communication, and may be viewed by the general public and/or by the other website users to whom you share or provide it.

Legally Required and Other Related Disclosures

In addition to the foregoing, we may release your personally identifiable information to law enforcement, governmental authorities, or third parties if (i) required to do so by law, search warrant, subpoena, court order, or other legal process, (ii) requested by law enforcement or other governmental authorities, in our discretion, or (iii) we otherwise have a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of the Firm or third parties.

How Do We Protect Personally Identifiable Information You Provide to Us?

We make reasonable efforts to protect personally identifiable information that you submit over the websites from loss, misuse, and unauthorized access, disclosure, alteration and destruction, which may include the use of firewalls and other security measures on our servers. However, the Firm does not warrant or represent that its level of security meets or exceeds any particular standard, and no server or internet transmission is ever 100% secure or error-free. You should take this into account when submitting personal or confidential data on any websites, including ours. Similarly, any information that you send us in an e-mail message or other form through the websites is not confidential or privileged, and may be subject to applicable disclosure and reporting requirements, as required by law.

What Personally Identifiable Information is Collected from Children?

The websites are general audience websites with content directed primarily at individuals over the age of 18 and are not directed at children under the age of 13. We do not knowingly collect personally identifiable information from children under the age of 13. If you are under the age of 13, please do not provide personally identifiable information of any kind whatsoever.

What Happens to Your Personally Identifiable Information in a Corporate Change of Control?

In the event of a corporate change in control resulting from, for example, a sale to, or merger with, another entity, we may transfer your personally identifiable information to the new party in control.

What About Changes to This Privacy Policy?

The Firm reserves the right, in its sole discretion, to modify or otherwise update this policy at any time and you agree to be bound by such modifications or updates. We will notify you of material changes to this privacy policy by posting the revised policy with the date it was revised on this page. Your continued use of our websites constitutes your agreement to this privacy policy and any updates. We encourage you to periodically review this privacy policy to stay informed about how we are protecting the personally identifiable information we collect.

How Can You Ask Questions or Raise Concerns?

If you have other questions or concerns about our privacy policy or data use, please call 1-800-275-0192 or e-mail us at clientservices@sokolovelaw.com.

Effective Date: March 19, 2009