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This website, https://www.thebeckagefirm.com/ is operated by The Beckage Firm PLLC (“us,” the “Firm”, “our”). Please read these Terms of Use carefully before accessing or using the website or any of the Firm’s digital assets (“Services”).
By accessing or using the Services, you agree to be bound by these Terms of Use. If you do not agree to all of the Terms of Use, then you may not access the website or use any of the Services.
I. GENERAL CONDITIONS AND SEVERABILITY The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Use. To the extent that any provision of this Terms of Use is deemed to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions. There are no third-party beneficiaries to the Terms of Use. The Firm shall have the right to assign its rights or delegate any of its responsibilities under these Terms of Use to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all of our assets.
II. NON-EXCLUSIVE, NON-TRANSFERABLE LICENSE TO USE THE WEBSITE The Firm grants you a limited, revocable, non-exclusive, non-transferable license to view, copy, and print content on the site for your personal and limited commercial purposes as long as they do not violate any aspect of this Terms of Use or law, including our intellectual property rights. The Firm reserves the right to terminate or limit your access to the website and/or the licenses granted herein for any reason and in our sole discretion. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any content on the website through which the Service is provided, without first obtaining express, written permission by us.
III. COPYRIGHTS AND TRADEMARKS All content on the website, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”) are either copyrighted by us or are the proprietary property of us, our affiliates, or licensors. The Firm reserves any and all rights to the Content. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or part without our prior written permission except you may download and print Content for uses that are not competitive with or derogatory to us, provided that you keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked at any time by us and does not include consent to republish Content on the Internet, or any Intranet or Extranet site, or to incorporate the information in any database or other compilation. Any other use of the Content is strictly prohibited. You further agree that you will not systematically extract, collect, or harvest through electronic means or otherwise, any data or data fields from the website, including but not limited to customer identities. All trademarks on the website are trademarks or registered trademarks of us, our affiliates, or licensors and may not be copied, imitated, or used in whole or in part without prior written permission of us. All page headers, custom graphics, button icons, and scripts are service marks, trademarks, and or trade dress of ours or our affiliates and may not be copied, imitated, or used in whole or in part without prior written permission of us.
IV. CHILDREN’S INFORMATION You agree that you are not under thirteen (13) years of age. The website is intended for users over the age of eighteen (18) and The Beckage Firm do not intend to collect information from anyone under the age of thirteen (13). V. PERSONAL INFORMATION & PRIVACY The Firm refers to our Privacy Policy on our website for information about the types of information the Firm collects, how the Firm uses it, how you can control the use and disclosure of it, and how you may access and update information about you provided to us. You understand that your Information may be transferred over various networks and there may be changes to such information to confirm and adapt to technical requirements of connecting networks or devices. The information the Firm receives about you is governed by our Privacy Policy, which is available at: https://www.thebeckagefirm.com/privacy-policy.
VI. THIRD PARTY WEBSITES Our Services might include links to third party websites. The Firm is not responsible for examining or evaluating the content or accuracy of any third-party website and do not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third parties. The Firm is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully third-party website policies and practices and make sure you understand them before you engage in any transaction. Claims, complaints, questions, or concerns regarding third parties should be directed to the third party. If you create a link to a page of this website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this The Beckage Firm website by linking to it.
VII. PROHIBITED USES
In addition to anything stated in this Terms of Use, you are prohibited from using the Services:
a. or any unlawful or fraudulent purpose or to submit false or misleading information;
b. to solicit others to perform or participate in any unlawful acts;
c. to violate any international, federal, provincial or state regulations, rules, laws or local ordinances;
d. to do, cause, or permit anything to be done that may infringe, damage or interfere with any intellectual property rights of the Firm, its licensors, or any third party;
e. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, threaten, or discriminate based upon gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; do anything for a damaging, obscene or immoral purpose; or engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services; or engage in any automated use of the system, such as using scripts to send comments or messages;
f. to collect or track the personal information of others or make any unauthorized use of the services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
g. to engage in unauthorized framing of or linking to the Services;
h. to impact negatively our data security and privacy practices related to the Services, including:
1. to spam, phish, pharm, pretext, spider, crawl, scrape or facilitate the use of any malware or ransomware,
2. to do anything which will or might damage, interfere with, disrupt access to, interrupt, impair, or circumvent the security of the Firm website, its data, and/or the Internet and/or Services, including but not limited to:
– uploading or transmitting viruses, malware, ransomware, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Firm website, or the Internet or Services;
– attempt to impose or imposes an unreasonable or disproportionately large load on website or any Services connected to the website;
– systematically retrieve data or other content from the services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us, including but not limited to uploading or transmitting (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
– using or launching any unauthorized script or other software; or probe, scan, or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;
i. to use any data mining, robots, or similar data gathering and extraction tools or, except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the services, decipher, decompile, disassemble, or reverse engineer any software comprising or in any way making up a part of the website; or copy or adapt the services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
j. to assume that an attorney-client privileged relationship has been created, when it has not.
k. to use a buying agent or purchasing agent to make purchases on the website;
l. to use the Services to advertise or offer to sell goods and services;
m. to use the Services as part of any effort to compete with us or otherwise use the Services and/or the content for any revenue-generating endeavor or commercial enterprise;
n. to take any action, or inaction, that in any way may be deemed a breach or violation of any of our Terms of Use or Website Privacy Policy.
o. to obtain unauthorized access to the Website or any private or member account areas on the Website; p. attempt to do any of the above.
VIII. ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
The Firm website may contain typographical errors, inaccuracies or omissions that may relate to Company products, offerings, promotions, packages, programs, events, and materials. We do not warrant the accuracy, completeness or usefulness of this information. We disclaim all liability and responsibility placed on such information by you, or by anyone who may be informed of any of its contents. The Firm reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders or programs if any information about the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order, request, submission, form, etc.). The Firm does not take on any obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing, dates, availability, location, products, services, except as required by law. No specified update or refresh data applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
IX. ATTORNEY ADVERTISING NOTICE Prior results do not guarantee a similar outcome. Testimonials and/or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. The Beckage Firm’s principal office is located at 430 Main St., Suite 413, Buffalo, NY 14202, telephone: 2 BECK FIRM 2 ((223 253 4762). Our Managing Director is Jennifer A. Beckage, CIPP/US, CIPP/E.
X. WARRANTY DISCLAIMER AND LIMITATION OF DAMAGES AND LIABLITY THE FIRM WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. THE FIRM DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE BECKAGE FIRM WEBSITE, OR THE SERVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR OWN RISK. THE BECKAGE FIRM DOES NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME THE BECKAGE FIRM MAY REMOVE THE WEBSITE AND SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THEM AT ANYTIME WITHOUT NOTICE TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF ITS CONTENT, YOOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THIS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE FIRM EXCLUDES ALL REPRESENTATIONS AND WARRANTIES RELATING TO THIS WEBSITE AND ITS CONTENTS AND SERVICES FOR WHICH IS OR MAY BE PROVIDED BY ANY AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN THIS THE BECKAGE FIRM SITE AND/OR THE COMPANY’S LITERATURE. IN NO CASE SHALL THE FIRM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ARISING FROM YOUR USE OF THE BECKAGE FIRM WEBSITE OR SERVICES OR IN ANY WAY RELATED TO THE FIRM WEBSITE AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY OF THE USE OF THE SERVICE OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE. IN ANY EVENT THE AGGREGATE LIABILITY OF THE COMPANY AND OUR SERVICE PROVIDERS UNDER THESE TERMS OF USE SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500). YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODDE § 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS. THE FIRM DOES NOT HOWEVER EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE. THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE EXTENT PERMITTED BY LAW. NONE OF YOUR STATUTORY RIGHTS AS A CONSUMER ARE AFFECTED. IN THE CASE OF JURISDICTIONS THAT RESTRICT LIMITATION CLAUSES, THE ABOVE LIMITATIONS SHALL BE APPLIED TO THE GREATEST EXTENT PERMITTED BY THE RELEVANT LAW IN SUCH JURISDICTIONS. THE ABOVE LIMITATIONS DO NOT, IN ANY WAY, EXCLUDE ANY LIABILITY OF THE BECKAGE FIRM, ITS AFFILIATES, ITS LICENSORS, OR ANY MEMBER OF THE FIRM GROUP WHERE IT WOULD BE UNLAWFUL TO DO SO.
XI. GOVERNING LAW Our Services shall be governed and construed in accordance with the laws of New York, without reference to any conflict of laws rules. The Firm website is hosted in the United States. If you access the website from a location outside of the United States, you are responsible for compliance with all local laws. You agree that you will not use the website Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
XII. DISPUTES ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
A. Arbitration Notice You and the Firm agree that if there is any dispute or claim arising from or related to our Services, these Terms of Use, and/or the Privacy Policy it will be resolved by confidential binding arbitration in Buffalo, New York, rather than in court, after first giving Notice of the Dispute (“Notice”) to the other party and the opportunity to discuss resolution within thirty (30) days of such notice. The notice to the company should be sent to Legal Department by emailing [email protected]. This notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought.
If you and the Firm are unable to resolve the claims described in the notice within thirty (30) days after the notice is sent, you or the company may initiate arbitration proceedings. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms of Use as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
The Federal Arbitration Act and federal arbitration law apply, and the American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
The arbitration shall be held in the State of New York or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and us unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator’s award shall be confidential, final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Notwithstanding any provision in these Terms of Use to the contrary, you and we agree that if us makes any change to this section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate this section, any such termination shall not be effective until thirty (30) days after the version of the Terms of Use containing this section is posted to the websites and shall not be effective as to any claim that was filed in a proceeding against us prior to the effective date of termination.
CLASS ACTION WAIVER: YOU AND THE BECKAGE FIRM AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
B. Claims and Disputes Must be Filed Within One Year To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Services, including, without limitation, any website or mobile application or other Services-related product, services, or other content must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors, and assigns.
XIII. INDEMNIFICATION To the fullest extent permitted by law, and except to the extent arising from our negligence, recklessness, gross negligence, or intentional misconduct, you agree to indemnify, defend, and hold harmless The Beckage Firm, and any parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, disbursements, and costs, made by any third-party due to or arising out of your use of the Site or breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or rights of a third-party. The Beckage Firm reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any actions or claims on our behalf without our prior written consent.
XIV. CHANGES TO THIS TERMS OF USE The Firm reserves the right to change, modify, or amend this Terms of Use at any time to reflect changes in our practices and Service offerings. If the Beckage Firm modify our Terms of Use, The Firm will update the “Effective Date” and such changes will be effective upon posting. It is your obligation to check our current Terms of Use for any changes.
This Terms of Use may only be modified in writing. Any ambiguities in the interpretation will not be construed against the drafter. In addition, These Terms of Use are effective until terminated. The Firm may terminate this agreement at any time without notice to you and may deny you access to the website and Services.
XV. ACCESSIBILITY Please see our accessibility website page if you experience any difficulty in accessing any part of this website or this Policy. You may also contact us at [email protected].
XVI. QUESTIONS/CONTACT US If you have any questions about this Terms of Use, please send us an email at [email protected], write us at The Beckage Firm, Attn: Terms of Use, 403 Main Street Suite 413, Buffalo, New York 14203 or call 2 BECKFIRM 2 (223-253-4762).