KaufmanBusinessLaw.com Terms and Conditions
Effective Date: July 16, 2021
- Legal Disclaimers/No Attorney-Client Relationship. The Site provides an online portal to give Users a general understanding of some of the legal and business issues affecting entrepreneurs and small businesses in their quest to build scalable and sellable businesses. The materials on this website have been provided for informational and educational purposes only. Information is intended—but not promised or guaranteed—to be current and correct because the law changes rapidly. We do not assume any responsibility for any mistakes or inaccuracies in the products, “Site Content” (as defined in Paragraph 4, below), or other information appearing on this site. Laws differ from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. We do not represent that materials on the Site are appropriate or available for use in other locations, or for any specific location. Users who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any information you read, learn, and/or acquire on or from the Site is not provided in the course of an attorney-client relationship, and shall not be deemed legal services or involving the practice of law in any jurisdiction. The Site and Site Content is not intended to constitute legal advice or to substitute for obtaining legal advice from an attorney licensed in your state regarding your specific situation. Therefore, if you need legal advice for your specific problem, you should consult a licensed attorney in your area. Neither the transmission of the information, nor any receipt or response to email or a contact form, is intended to create or constitutes an attorney-client relationship. Do not send confidential information via this Site or any contact form as such information will not be considered or treated as privileged and confidential. Kaufman Law PLLC is licensed to practice law only in New York State and does not wish to represent any business owners and/or their companies that reside outside of New York State. No attorney-client relationship is created between you and Kaufman Law PLLC unless and until you have signed a formal “Engagement Agreement” for legal services provided to you directly by Kaufman Law PLLC directly, and have paid to Kaufman Law PLLC any advance escrow deposit fee(s) required.
- User Requirements. You must be at least 18 years old in order to participate on our Site, and we will not knowingly collect personally identifiable information from anyone under the age of 18. Further, you may not make use of the Site if such use violates any applicable law or regulation. You agree to abide by these restrictions and not to help anyone avoid these restrictions.
You are free to do the following without our permission:
- Link to the Site or any specific post on the Site
- Extract and re-post less than 200 words on any other site, provided you link back to the original post on our Site
You may not, without our prior written permission:
- Print off our posts and make multiple copies for internal distribution within your own company or organization
- Print our posts in any non-commercial publication (e.g., company newsletter, church newsletter, class syllabus, etc.)
- Re-post one of our posts in its entirety anywhere else on the Internet
- Use the Site content in for commercial purposes, including selling or licensing printed or digital versions of the Site Content
- Alter, transform, or build upon the Site Content
Guest bloggers, if any, retain the copyright to the posts they write. If you are interested in re-posting or publishing their content, you must contact them directly. We do not serve as a broker, agent, or contact point. If you have some use for our content that is not covered here, please email us.
- User Conduct. By accessing the Site, you agree not to:
- Use the Site in any unlawful manner or in any manner that could damage, disable, disrupt or impair the Site or interfere with any other User’s use and enjoyment of the Site
- Reproduce in any form or incorporate into any information retrieval system, electronic or mechanical, any part of the Site
- Use spiders, robots, data mining techniques or similar data gathering or extraction methods to catalogue, download or otherwise reproduce, store or distribute the Marks or Site Content
- Post or transmit any information, software or other material that contains a virus or other harmful component
Further, by participating in the Forums, you agree not to:
- Intimidate, harass or insult other Users
- Post, transmit, share or otherwise make available any language or material that is abusive, vulgar (including masked vulgarity), harmful, unlawful, infringing on the rights of others, fraudulent, threatening, hateful, harassing, defamatory, insulting, obscene, profane, racist, sexually explicit or otherwise objectionable
- Post, transmit, share or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offence, violate the rights of any person or entity or that would otherwise create liability or violate any local, state, national or international laws or regulation
- Post, transmit, share or otherwise make available any content that infringes the confidentiality and/or intellectual property rights of others and/or that libels or slanders another
- Post, transmit, share or otherwise make available any advertising, solicitations (for funds, goods, services or otherwise), promotional materials, “junk mail,” “spam,” “pyramid schemes” or any other commercial material, including, but not limited to, business and charity solicitations
- Post, transmit, share, or otherwise make available or solicit personal information of third parties such as phone numbers, addresses, social security numbers, last names (you may use last initials) or any other private information
- Post the same message or comment more than once
- Impersonate any person or entity (including, but not limited to, any of our employees or representatives), or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity
- Use or attempt to use another User’s information, without that User’s authorization
- Post, transmit, share or otherwise make available links to third-party sites in a spamming or unduly promotional manner (as we may determine in our sole discretion)
- User Participation. You participate on the Site at your own risk. We will not treat information that you post to areas of this site that are viewable to others (for example, a blog, forum, or chat room) as proprietary, private, or confidential. Additionally, you hereby release us, our directors, officers, agents, contractors, partners, assigns, successors-in-interest and employees from any and all liability, direct or indirect, and for any liability, loss or damage that is caused or alleged to have been caused to you from your use of the Site.
You understand and agree that we may, in our sole discretion and at any time, terminate or temporarily suspend your rights under any of the Licenses granted hereunder and otherwise, terminate or temporarily suspend your access to the Site, and discard, remove, and/or disable or deactivate any or all of your User Submissions that you submitted to the Site (and/or any other User Submissions) and/or any other information and data that you (and/or anyone else) may have provided to the Site, for any reason. We may also, in its sole discretion and at any time, discontinue the Site or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice. YOU UNDERSTAND AND AGREE THAT WE MAY TAKE ANY ONE OR MORE OF THESE ACTIONS WITHOUT ANY NOTICE TO YOU, PRIOR OR OTHERWISE, AND YOU UNDERSTAND AND AGREE THAT NEITHER WE NOR ANY OF OUR AFFILIATES SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY TERMINATION OF YOUR (OR ANYONE ELSE’S) ACCESS TO SITE OR PARTS THEREOF AND/OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OF YOUR USER SUBMISSIONS (OR THE USER SUBMISSIONS OF ANYONE ELSE) OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OTHER INFORMATION OR DATA THAT YOU (OR ANYONE ELSE) MAY HAVE PROVIDED ON OR THROUGH THE SITE. You may discontinue your access to, use or participation on the Site at any time by reviewing your registration.
By posting, transmitting, sharing or otherwise making available UGC on the Forums, you automatically grant, or warrant that the owner of such UGC has expressly granted us, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, adapt, translate and distribute such UGC (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such UGC. You also permit any other User to access, view, store or reproduce the UGC for that User’s personal use only. You hereby grant us the right to copy and distribute any UGC made available on the Site by you. You represent and warrant that you are the sole creator and owner of or have all the necessary licenses, rights, consents, releases and permissions to post the UGC submitted through your Account or otherwise posted, transmitted or shared by you on or through the Site. Additionally, you represent and warrant that no element of your UGC will violate or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy rights, right of publicity or other personal or proprietary rights. By using the Site, you further represent and warrant that you (and any licensor of content that you post on the Site), have waived any “moral rights” in connection with your UGC and that you will be solely responsible for paying all royalties and other fees that might be due to any person or entity by reason of any UGC posted by you on or through the Site. You are not entitled to any compensation for any UGC you post on the Site.
- Testimonials and Results Disclosure: The testimonials we post on the Site are in the nature of subjective opinions. We do not independently verify them, nor do we seek independent verification of them. To the best of our knowledge, we believe the people providing testimonials are giving their honest opinions. If you’re not sure regarding whether a particular testimonial is a “success story”/”best-case” scenario testimonial or a subjective opinion testimonial, email us to request clarification.
- Outbound Links to Third Party and Affiliate Sites. This Site may contain links to Web sites controlled by parties other than us (a “Third Party Site”). We also work with a number of partners and outbound affiliates whose sites are linked with the Site (an “Affiliate Site”). We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site or Affiliate Site, any website accessed from a Third Party Site or Affiliate Site, or any changes or updates to such sites. We make no guarantees about the content or quality of the products or services provided by such sites. We are not responsible for webcasting or any other form of transmission received from any Third Party Site or Affiliate Site. We are providing these links to you only as a convenience. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site or affiliate Site and agree that we are is not responsible for any loss or damage of any sort you may incur from dealing with a third party or affiliate. You should contact the site administrator for the applicable Third Party Site or Affiliate Site if you have any concerns regarding such links or the content located on any such Third Party Site or Affiliate Site.
- Copyright Claims/DMCA Notice.This site is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). We respect the intellectual property rights of others and take any violation of those rights very seriously. In accordance with the DMCA, if you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent with the following information:
- Identification of the copyrighted work claimed to have been infringed or, in the case of multiple copyrighted works, a representative list of such works
- 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, such as an address, telephone number and, if available, an e-mail address at which you may be contacted
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or under applicable laws
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Our agent for notice of claims of copyright and other intellectual property right infringement can be reached as follows:
Kaufman Law PLLC, 230 Park Avenue, 3rd Floor West, New York, New York 10169, Attention: Copyright Agent; and by email.
- NO WARRANTY/LIMITATION OF LIABILITY.YOU EXPRESSLY AGREE THAT ACCESS AND/OR USE OF THE SITE, THE SITE CONTENT, AND/OR ANY AND ALL PRODUCTS IN THE SHOP IS AT YOUR SOLE RISK. THE SITE, SITE CONTENT, AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. THE SITE, SITE CONTENT, AND/OR PRODUCTS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND THE COVERED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, THE SITE, SITE CONTENT, AND/OR PRODUCTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND THE COVERED PARTIES ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE WEBSITE OR SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE, SITE CONTENT, AND PRODUCTS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
WE ARE NOT RESPONSIBLE TO YOU AND/OR ANY THIRD PARTY FOR WITHOUT LIMITATION,: 1) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF, USER AND/OR MEMBER COMMUNICATIONS; 2) ANY POTENTIALLY OFFENSIVE, INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE, SITE CONTENT, AND/OR PRODUCTS WHETHER CAUSED BY US OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH, OR UTILIZED ON THE SITE, SITE CONTENT, AND/OR PRODUCTS; 3) ANY COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS; OR 4) ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
WE MAKE NO WARRANTY THAT: (A) THE SITE, SITE CONTENT, AND/OR PRODUCTS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, SITE CONTENT, AND/OR PRODUCTS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SITE CONTENT, AND/OR PRODUCTS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OUR MAXIMUM LIABILITY (AND THAT OF THE COVERED PARTIES) TO YOU OR TO ANY THIRD PARTY, IN THE AGGREGATE, UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO ANY FEES THAT YOU HAVE PAID TO US OUTSIDE OF LEGAL FEES PAID PURSUANT TO A FULLY-EXECUTED ENGAGEMENT LETTER BETWEEN YOU AND KAUFMAN LAW PLLC. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SHALL NOT BE LIABLE TO YOU FOR ANY SERVICES, GOODS AND/OR INFORMATION AVAILABLE FROM THIRD PARTIES, EVEN IF OBTAINED AT OR THROUGH THE SITE, SITE CONTENT, AND/OR PRODUCTS. IF YOU ARE DISSATISFIED WITH THE SITE, SITE CONTENT, AND/OR PRODUCTS OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE OR SERVICE.
- Intended For Use Only Within The United States. This site is intended for use only from within the United States. We do not represent that this site is appropriate for use elsewhere. Access to this site from locations where its contents are illegal is not authorized.
- Onward Transfer of Personal Information Outside Your Country of Residence. Any personal information which we may collect on this site will be stored and processed in our servers located only in the United States. If you reside outside the United States, you consent to the transfer of personal information outside your country of residence to the United States.