Cox O’Brien LLP Terms of Service
These terms and conditions of service are a legal agreement (these “Terms”) between you and Cox O’Brien LLP (“the Firm” or “we”, “us” or “our”), establishing terms and conditions under which you may access and use the services and features available on the Firm’s websites located at coxobrien.com as well as all other websites owned, operated, licensed, or controlled by the Firm (collectively, the “Websites”). BY ACCESSING OR USING THE WEBSITES, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE WEBSITES.
By using the Websites, you hereby represent and warrant that: (1) you are an individual of at least eighteen (18) years of age; (2) you have the legal power and authority to agree to, and be bound by, these Terms; (3) if you have provided information to us in connection with your use of the Websites, such information is true and accurate.
We may revise and update these Terms at any time and without notice. Your continued use of the Websites will constitute your acceptance of these changes and the current version of these Terms.
INTELLECTUAL PROPERTY RIGHTS AND RESTRICTIONS
The Firm hereby grants you a personal, non-exclusive, non-transferable, limited, revocable right to use the Websites for personal, non-commercial purposes only and in accordance with these Terms. You agree not to use the Websites for any other purpose, including but not limited to any commercial purpose, without the prior written consent of the Firm. For example, you may not (and may not direct or authorize any other party to), (1) co-brand the Websites or any portion thereof, (2) frame the Websites or any portion thereof (whereby the Websites will appear on the same screen with a portion of another website), or (3) link the Websites to any other website. “Co-brand” means to display a name, logo, trademark or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user of the Websites the impression that such party has the right to display, publish or distribute the Websites or any content accessible within the Websites. You agree to cooperate with the Firm in causing any unauthorized co-branding, framing or linking immediately to cease.
The material and content accessible within the Websites and any other website owned, operated, licensed, or controlled by the Firm (collectively, the “Content”) is the intellectual property and proprietary information of the Firm or the party that provided the Content to the Firm (as applicable). All title to, ownership of, and rights in and to such Consent is, and at all times shall remain, the sole and exclusive property of the Firm and its content providers (as the case may be). Accordingly, you may not copy, distribute, republish, upload, post, transmit, or create derivative works of the Content in any way without the prior written consent of the Firm, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause or direct to be removed or altered, any copyright, trademark, service mark, trade name, or any other proprietary notice or legend appearing on the Websites or on any of the Content.
You may not use any Firm names or trademarks in any advertising or publicity, or otherwise to indicate or imply sponsorship of or affiliation with any product or service, without the prior written consent of the Firm.
The Websites may contain hyperlinks, directly, or by means of search results, to other sites that are not maintained by, or affiliated with, the Firm. Hyperlinks to such third-party sites are provided as a service to users and are not sponsored by or affiliated with the Websites or with the Firm. The Firm has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyperlinks are to be accessed at your own risk, and the Firm makes no representations or warranties about the content, completeness, or accuracy of these hyperlinks or the sites hyperlinked to the Websites. Further, the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by the Firm of that site or the material or content contained therein.
COMMUNICATION POLICY
In the event the following functionality exists on the Websites, the Firm reserves the right but is not obligated to do any or all of the following:
(a) Record the dialogue in any public chat rooms;
(b) Investigate any allegation that a communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication;
(c) Remove any communication that in the Firm’s sole discretion is abusive, illegal, disruptive, or otherwise fails to comply with these Terms;
(d) Terminate your access to the Websites or any area thereof upon any breach of these Terms;
(e) Monitor, editor, or disclose any communication in the public areas; and
(f) Edit or delete any communication posted on the Websites, regardless of whether such communication violates these standards.
NO WARRANTY
THE WEBSITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. THE FIRM HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES. THE FIRM DOES NOT WARRANT THAT THE CONTENT CONTAINED IN THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVER(S) THAT MAKE THE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FIRM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT ON THE WEBSITES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE WEBSITES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE FIRM MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. THE FIRM MAKES NO WARRANTIES THAT YOUR USE OF THE WEBSITES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT PROVIDED HEREIN.
BY ACCESSING THE WEBSITES, YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE WEBSITES AND ANY PRODUCT OR SERVICE DESCRIBED HEREIN.
LIMITATION OF LIABILITY
Under no circumstances shall the Firm, or any of its directors, officers, affiliates, employees, agents, representatives, medical staff, successors, or assigns be liable to you or any other party for any punitive, special, incidental, indirect or consequential damages whatsoever, however arising (including, without limitation, our negligence), including, without limitation, damages resulting from loss of use, data, sales, goodwill or profits, whether or not we have been advised of such possibility, or under any legal or equitable theory, in tort, in contract, at equity, or otherwise, arising out of or in connection with your use of the Websites.
Your sole and exclusive remedy for dissatisfaction with the Websites is to stop using the Websites. All information is transmitted over a medium that is beyond the control and jurisdiction of the Firm. Accordingly, the Firm assumes no responsibility for, or relating to, delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Websites or other sites accessed via the Websites.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FIRM DISCLAIMS ANY AND ALL LIABILITIES OR OBLIGATIONS WHATSOEVER RELATED TO THE USE OF THE WEBSITES BY ANYONE OTHER THAN YOU.
INDEMNITY
You shall indemnify and hold the Firm, its directors, officers, affiliates, employees, agents, representatives, medical staff, successors, and assigns (the “Indemnified Parties”) harmless from any breach by you of these Terms, including any use of the Websites other than as expressly authorized in these Terms. You agree that the Indemnified Parties shall have no liability in connection with any such breach or unauthorized use.
GENERAL
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflicts of laws principles.
These Terms can be modified by the Firm at any time, and such modification shall be effective immediately upon posting. You agree to review these Terms periodically to be aware of such modification and your access or use of the site shall be deemed your acceptance of the modified agreement.
PRIVACY
The Firm is committed to respecting and protecting your privacy. Our current Privacy Policy is available at https://coxobrien.com/privacy-policy, and is incorporated by reference herein.
DISCLAIMERS / NOTICES REGARDING ATTORNEY ADVERTISING
Our current notices and disclaimers regarding attorney advertising are available at https://coxobrien.com/disclaimer, and are incorporated by reference herein.