Terms of Use

We, the entity known as Joshpe Mooney Paltzik LLP and any of its affiliates (the “Firm”)) appreciate your interest in us and your visit to our website (the “Site”) owned and operated by the Firm.

These Terms of Use (“Terms”) set forth the basic terms and conditions that govern your visit to and use of the Site. By using the Site, you agree to be bound by these Terms and all disclaimers and terms and conditions that appear on the Site now or in the future. These Terms may be updated by us at any time. Your continued use of the Site after any such modifications constitutes your acceptance of the modified terms and conditions. If you do not agree to receive these legal notices and to abide by these Terms for any reason you agree that your sole and exclusive remedy is to discontinue using the Site. Nothing contained in these Terms is intended to modify or amend any other written agreement you may have with us (“Other Agreements”), if any, which may currently be in effect. In the event of any inconsistency between these Terms and any Other Agreements, the Other Agreements will govern. Your compliance with these Terms and all Other Agreements is a condition to your right to access the Site. Your breach of any provision of these Terms or Other Agreements will automatically, without the requirement of notice of other action, revoke and terminate your right to access the Site and you will be fully liable for conversion, misappropriation, trespass to chattels, and all other claims and causes of action, regardless of the identity of the claimant or injured party, arising from or relating to your continued use of the Site after such breach.

No Attorney-Client Relationship; No Reliance

The information contained on the Site is general information provided by the Firm (the “Information”). Providing the Information does not create an attorney-client relationship and should not be relied upon as a source of legal advice. No person viewing or receiving the Information should act or refrain from acting based upon such Information. The Firm and its attorneys disclaim all liability (i) based on the Information and (ii) with respect to any actions taken or not taken based on such Information.

Any information sent to the Firm or its attorneys through the Site or by e-mail is not secure and should be done on a non-confidential basis. You should first speak with one of our attorneys before you communicate sensitive information about any legal matter. The sending of information through the Site or via e-mail to the Firm or any of its attorneys does not create an attorney-client relationship. Such a relationship is only established after you have signed an engagement letter with the Firm.

The Firm does not endorse or recommend any links to other websites or third-party content that can be accessed through the Site. The Firm is not responsible for any such content and does not provide any warranty about the accuracy or source of the content.

Privacy

For information on how the Firm collects, uses, and discloses information from its users of the Site, please review the Privacy Policy. Your use of the Site indicates your consent to the data practices stated in our Privacy Policy.

Past Performance

Any performance data or comments expressed on the Site relating to past performance are not indicative of future results. No representation is being made that any results achieved in the past will guarantee certain results in the future.

Site Contents

All content included on the Site, such as text, images, graphics, logos, articles and other materials, is the property of the Firm or others and is protected by United States and international copyright and other laws. All trademarks and logos displayed on the Site are the property of the Firm or their respective owners, who may or may not be affiliated with the Firm. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any content or trademark displayed on the Site without the written permission of the Firm or such other third party that may own the content or trademark displayed on the Site. Nothing in these Terms shall constitute a waiver of any trademark or other intellectual property rights concerning name, logo or trademark. Please be advised that the Firm may enforce its intellectual property rights to the fullest extent by law.

Restrictions on Use

The Information, materials and other content of the Site may not be copied, displayed, distributed, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written consent of The Firm. Our prior permission is required for (i) any commercial use of materials on this Site; (ii) making more than minimal copies of Site materials; and (iii) copying large portions of our Site, such as by bots, robots or spiders that “harvest” the site. If you seek permission for such use of our site, please contact us at info@jmpllp.com. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes. You warrant that when using the Site, you shall not violate or facilitate any violation of any applicable local, state, federal or international law, statute, regulation, code or ordinance, including, without limitation, regulations promulgated by, or the rules of, any national or other securities exchange. The permission to use the Site granted by these Terms automatically terminate if you breach any of the terms and conditions contained herein.

Notification to The Firm

If you believe that anything posted on the Site infringes any intellectual property right that you own or control, please provide The Firm with the following written information:

1. Name, address, telephone number, e­mail address and physical or electronic signature of the rights holder, or someone authorized to act on the rights holder’s behalf; 2. A description of the intellectual property that you claim has been infringed upon; 3. A description of where the material that you claim is infringing is located on the Site, with enough detail that The Firm may find it; 4. A written statement that you have a good faith belief that the disputed use is not authorized by the rights holder, its agent or the law; and 5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the rights holder or authorized to act on the rights holder’s behalf.

The Firm’s agent for notice of claims of intellectual property right infringement on the Site can be reached by e­mail at info@jmpllp.com.  

Source of Information

Information on the Site may not have been independently verified by the Firm. The Firm does not assume responsibility for the accuracy of such information. Analysis on the Site represents the respective author’s opinion, not necessarily the views of the Firm.

Modifications to Content

The Firm may, at its discretion, modify or discontinue any of the content of the Site, or any portion thereof, with or without notice.

Links from Other Websites

The Site may contain links to, or may be linked from, other sites that are not maintained by The Firm and to which The Firm has not provided permission. The Firm does not endorse, have any responsibility for, or make any representations about, any other sites, including their products and services, content, communications and website use policies. The Firm has neither reviewed the contents of these third­ party websites, nor does The Firm claim any responsibility for the content or suitability of these third­ party websites. The Firm makes no express or implied warranty about the accuracy, copyright compliance, legality, merchantability or any other aspect of the content of such links. The use of third party websites is entirely at your own risk. The Firm expressly disclaims any responsibility for your access to or use of such other sites. By accessing these links, you acknowledge that such other sites or locations are not under the control of The Firm, and you agree that The Firm shall not be responsible for any information or additional links found at such site or location, or for your use of such information.

Confidentiality

All information available through any restricted area of the Site, if any, is confidential and proprietary to us.  You will use your best efforts to keep all this information strictly confidential. You will not disclose any of this information to any person or use it for any purpose other than as strictly permitted by us, in writing.

Disclaimer

THE SITE, ALL INFORMATION AND MATERIALS AVAILABLE ON OR THROUGH THE SITE AND ALL SERVICES OFFERED IN CONNECTION WITH THE SITE ARE PROVIDED AS IS, AS AVAILABLE AND WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE FIRM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON­INFRINGEMENT.

Limitation of Liability

BY USING THE SITE, YOU ACKNOWLEDGE: (1) THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH YOUR USE OF THE SITE; AND (3) THAT THE FIRM SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE FIRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE FIRM BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES, IN CONNECTION WITH YOUR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES ON THE SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMMISSION, INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE OR OTHER COMPUTER MALFUNCION EVEN IF THE FIRM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. NEITHER THE FIRM NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THE SITE, OR ANY ERRORS OR OMISSION IN THE CONTENT THEREOF. THIS LIMITATION INCLUDES DAMAGES TO, OR FOR ANY VIRUSES THAT INFECT YOUR COMPUTER EQUIPMENT.

THE FIRM RESERVES THE RIGHT TO ALTER OR REMOVE THE CONTENT OF THE SITE OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.

Governing Law

You agree that your use of the Site and any disputes relating thereto shall be governed in all respects by the laws of the State of New York, without giving effect to its conflict of laws principles. The failure of The Firm to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit The Firm’s rights with respect to such breach or any subsequent breaches.

Class Action Waiver

You agree that if any dispute should arise between you and The Firm, you will bring your claim on an individual basis and waive your right to pursue any claim in a class action. Any claim must be brought on an individual basis and seek no class relief. This section shall also be construed as a written agreement to arbitrate a dispute of any kind between you and the Firm that may arise through the use of the Site.

Severability

If any provision of these Terms is found to be invalid, void, or for any reason unenforceable, it will be construed in such a manner that would make the provision valid or enforceable. If it is not possible to construe the provision in such a manner that would make it valid or enforceable, then only the term or portion of the provision that renders it unenforceable will be stricken without affecting the enforceability of the remaining provisions.

Complete Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and The Firm relating to the public facing elements of the Site and your use of these portions of the Site, and supersede any prior agreements or understandings not incorporated herein with regards to these portions. Certain restricted areas of the Site may require you to agree to supplemental terms and conditions. These Terms are not intended to modify or amend Other Agreements you may have with The Firm regarding other matters.

International Use

The Site is operated and controlled by The Firm or its affiliates in the United States. Due to the global nature of the Internet, the Site may be accessed by users in countries other than the United States. The Firm makes no warranties that materials on the Site are appropriate or available for use in such locations. If it is illegal or prohibited in your country of origin to access or use the Site, then you should not do so. Those who choose to access the Site outside the United States do so on their own initiative and are responsible for compliance with all local laws and regulations. You agree to comply with all local laws, rules and regulations including, without limitation, all laws, rules and regulations in effect in the country in which you reside and the country from which you access the Site. The information on the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject The Firm or its affiliates to any registration requirement within such jurisdiction or country. Any offer for any matter made on this Site is void where prohibited.

Termination

Notwithstanding anything in these Terms or on the Site, The Firm reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site or any other site operated by The Firm.

Contact Information

Thank you for visiting our Site. Please contact us at info@jmpllp.com if you have any questions about the Site or these Terms. Electronic mail or other communications through the Site to The Firm (or any of its employees, agents or representatives) may not be secure and we do not guarantee the confidentiality of such communications.