TERMS OF USE

Your use of our website on which these terms reside (the “Site”) and any features on the Site are subject to our Terms of Use,, which includes and incorporates our Privacy Policy (collectively, the Agreement”) which we may update from time to time. By accessing this Site in any way, including, without limitation, browsing this Site, using any information, and/or submitting information to BurgherGray LLP (“BurgherGray”), you agree to and are bound by the Agreement. If you do not agree to this Agreement, please do not use this Site.  This Agreement is subject to applicable law.

BurgherGray reserves the right to revise and update this Agreement at any time and for any reason, with or without notice or obligation. Your use of this Site after we post any changes constitutes your agreement to those changes and your agreement to be bound by any such revisions. You agree to periodically review this Agreement to ensure you are familiar with the most recent version. You agree that you do not have any rights in this Site and that BurgherGray will have no liability to you if this Site is discontinued or your ability to access the Site is restricted.

JURISDICTION

The Site is controlled and/or operated from the United States, and is not intended to subject us to non-U.S. jurisdiction or laws, except as otherwise expressly stated in this Agreement.  The Site may not be appropriate or available for use in some jurisdictions outside of the United States.    If you access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules, and regulations.  We may limit the Site’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.

NOT LEGAL ADVICE

WHILE THE INFORMATION ON THE SITE CONCERNS LEGAL ISSUES, IT IS NOT LEGAL ADVICE.  MOREOVER, USE OF THE SITE IS NOT INTENDED TO CONSTITUTE, AND DOES NOT CONSTITUTE, A SOLICITATION FOR THE FORMATION OF AN ATTORNEY-CLIENT RELATIONSHIP; NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED THROUGH YOUR USE OF THE SITE.  MOREOVER, NEITHER RECEIPT OF INFORMATION PRESENTED ON THIS SITE NOR ANY EMAIL OR OTHER ELECTRONIC COMMUNICATION SENT THROUGH THIS SITE WILL CREATE AN ATTORNEY-CLIENT RELATIONSHIP, AND ANY SUCH EMAIL OR COMMUNICATION WILL NOT BE TREATED AS CONFIDENTIAL.  NO USER OF THIS SITE SHOULD ACT OR REFRAIN FROM ACTING ON THE BASIS OF INFORMATION INCLUDED ON THIS SITE WITHOUT SEEKING LEGAL ADVICE OF COUNSEL IN THE RELEVANT JURISDICTION.  WE EXPRESSLY DISCLAIM ALL LIABILITY IN RESPECT OF ACTIONS TAKEN OR NOT TAKEN BASED ON ANY CONTENTS OF THIS SITE.  THIS SITE MAY BE DEEMED TO BE ATTORNEY ADVERTISING.

By entering this Site you acknowledge and agree that any communication or material you transmit to this Site or BurgherGray, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to BurgherGray may be used by BurgherGray, anywhere, anytime, and for any reason whatsoever.

While we would like to hear from you, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you (an engagement letter).

PROPRIETARY RIGHTS

Content on this Site that is provided by BurgherGray, or its licensors, including, but not limited to, certain graphics, photographs, images, screen shots, text, digitally downloadable files, audio, videos, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“BurgherGray Content”) is the property of BurgherGray and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

You agree not to download, display, or use any BurgherGray Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of BurgherGray, in any other manner that is likely to cause confusion among consumers, that disparages or discredits BurgherGray and/or its licensors, that dilutes the strength of BurgherGray’s or its licensors’ property, or that otherwise infringes BurgherGray’s or its licensors’ intellectual property rights. You further agree to, in no other way, misuse any BurgherGray Content or third party’s content that appears on this Site.

By entering this Site you acknowledge and agree that any name, logo, trademark, or service mark contained on this Site and all BurgherGray Content is owned or licensed by BurgherGray or its licensees and may not be used by you without prior written approval. BurgherGray will aggressively enforce its intellectual property rights to the full extent of the law. Nothing contained in this Site shall be construed as granting a license or other rights under any patent, trademark, copyright, or other intellectual property of BurgherGray.

REPRESENTATIONS AND LIMITATIONS OF LIABILITY

By entering this Site you acknowledge and agree that the Site is provided on an “as is, as available” basis. No warranties, express or implied, including but not limited to those of merchantability or fitness for a particular purpose, are made with respect to this Site or any information or software therein. You agree that your use is at your own risk and that, under no circumstance (including negligence), shall BurgherGray or any of the parties involved in creating, producing, or delivering this Site shall be liable for any direct, incidental, special, consequential, indirect, or punitive damages, or any other losses, costs, or expenses or any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, through the access to, use of, or browsing of this Site or through your downloading of any materials, data, text, images, video or audio from this Site, including but not limited to anything caused by any viruses, bugs, human action or inaction or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections even if BurgherGray has been advised of such damages. Nor shall BurgherGray be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond BurgherGray’s reasonable control, including but not limited to acts of god, communications line failure, theft, destruction, or unauthorized access to this Site’s records, programs, or services. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; as a result, the above limitation or exclusion may not apply to you.

Although the information contained in the Site is based upon up-to-date information, and while BurgherGray makes all reasonable efforts to insure that all material on this Site is correct, accuracy cannot be guaranteed and BurgherGray makes no warranties or representations as to its accuracy.

LINKS TO THIRD PARTY WEBSITES

Although this Site may be linked to other sites, BurgherGray is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering this Site you acknowledge and agree that BurgherGray has not reviewed all the sites linked to this Site and is not responsible for the content of any off-site pages or any other site linked to this Site. Your linking to any other off-site pages or other sites is at your own risk.

INDEMNITY

Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold us or our affiliates harmless from and against all claims, losses, costs, and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site or (b) any violation of this Agreement by you.

GOVERNING LAW; DISPUTE RESOLUTION

You hereby agree that this Agreement (and any claim or dispute arising in connection with this Agreement or your use of the Site) is governed by and shall be construed in accordance with the laws of the State of New York, without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in New York, New York, U.S.A., and waive any jurisdictional, venue, or inconvenient forum objections thereto.

MISCELLANEOUS

This Agreement does not create any partnership, joint venture, employer-employee, agency, franchisor-franchisee, or exclusive relationship between you and us.  If any provision of this Agreement is found to be unenforceable, that provision will not affect the validity and enforceability of any other provision.  You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent.  No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.  This Agreement hereby incorporates by this reference any additional terms that we post on the Site (including, without limitation, our Privacy Policy) and, except as otherwise expressly stated herein, this Agreement is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter.  Notices to you may be made via posting to the Site, by email, or by regular mail, in our discretion.

Any inquiries concerning these Terms of Use should be directed to [email protected] or to the following address:

BurgherGray LLP

1350 Broadway

Suite 406

New York, NY 10018