Terms of Use

THESE TERMS OF USE represent an agreement made between The Law Offices of Sean M. Cleary and any person accessing The Law Offices of Sean M. Cleary's website with respect to your use of the website. The Law Offices of Sean M. Cleary website is offered to you depending on your agreement without modification to the terms, conditions, and notices included within. Your access, view or use of this website constitutes your agreement to all such terms, conditions, and notices.

BY ACCESSING, VIEWING, OR USING ANY SECTION OF THE SITE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS OF THIS AGREEMENT, YOU DO NOT HAVE THE LAW OFFICES OF SEAN M. CLEARY'S PERMISSION TO ACCESS, VIEW, OR USE ANY PART OF THE SITE. ANY SUCH UNAUTHORIZED USE VIOLATES THE LAW OFFICES OF SEAN M. CLEARY'S RIGHTS IN THE SITE AND IS PROHIBITED.

Changes

The Law Offices of Sean M. Cleary reserves the right to change, modify, add, or remove any fraction of these terms of use, in whole or in part, at any time in our sole and absolute discretion. Adjustments in these terms of use will be posted on this site. Your continued use of this site after any changes are made shall be deemed your acceptance of the changes.

Site Description

1. Description. The site is proprietary to The Law Offices of Sean M. Cleary and is protected by intellectual property laws and international intellectual property agreements. Your access to the site is licensed and not made available unconditionally to you. Subject to the terms and limitations outlined in this agreement, The Law Offices of Sean M. Cleary agrees to provide you with a personal, non-transferable, and non-exclusive right to access, view, and use of the site.
2. Accessibility. You agree that, occasionally, the site may be unavailable or defective for any reason, including, without limitation: (i) equipment malfunctions; (ii) regular maintenance procedures or repairs which the Law Offices of Sean M. Cleary may undertake occasionally; or (iii) causes beyond the control of The Law Offices of Sean M. Cleary, whether or not foreseeable.
3. Equipment. You shall be uniquely responsible for providing, maintaining, and ensuring compatibility with the site, the hardware, software, electrical, and other physical requisitions for the use of the website, as well as, without limitation, telecommunications and Internet access connections and links, web browsers, or additional gear for activities, services and programs necessary to access and use of the site.

Limitations

1. Security. You shall be uniquely responsible for the security, confidentiality, integrity, and use of all messages and the content that you transmit to the website.
2. Confidentiality of information transmitted. Except when we already represent you or expressly agree to represent you, communications sent by you through the Internet, electronic mail, or through the site will not necessarily be viewed as privileged or confidential. The Law Offices of Sean M. Cleary doesn't guarantee the confidentiality of such communications. Please also remember that Internet e-mail is not secure and you should avoid sending sensitive or confidential messages unless they are appropriately encrypted. The Law Offices of Sean M. Cleary doesn't agree to accept and maintain the secrecy of any unsolicited information you send to The Law Offices of Sean M. Cleary unless an attorney-client relationship currently exists between you and The Law Offices of Sean M. Cleary. Although the Law Offices of Sean M. Cleary makes reasonable effort to read emails that we receive, The Law Offices of Sean M. Cleary reserves the rights not to read or respond to any unsolicited communications.

Copyright

This Website was created by The Law Offices of Sean M. Cleary and is copyrighted 2017 by The Law Offices of Sean M. Cleary Professional Association. All rights are reserved. All intellectual property rights to the site rest exclusively with the firm or the parties cooperating with the firm. The site is protected by copyright under US copyright laws, international conventions, and other copyright laws. You are permitted to view, store, print, reproduce and distribute the material contained in this website for your purposes, provided that none of the material is modified or altered. Reproduction or distribution of any material from the Website for commercial purposes is prohibited without the express written permission of the firm. You agree to submit to any and all additional copyright notices, information, or restrictions contained in any part of the site.

Trademarks

The names of actual businesses and products mentioned on the website may be the trademarks of their correspondent owners. The example companies, products, people, and events depicted on the website are fictitious. No association with any real company, organization, product, person, or event is intended or should be understood. Any rights not expressly granted are reserved.

Prohibited Uses

You are uniquely responsible for any and all of your acts and omissions that happen when using the site, and you comply not to engage in unacceptable use of the website. An unacceptable use involves, without limitation, use of the website to

• send unsolicited messages, chain letters, surveys, contests, pyramid schemes, or unsolicited commercial email;
• publish, post, upload, distribute or disseminate topic, name, material, or information that, to a reasonable person may be abusive, defamatory, obscene, pornographic, grossly offensive, harassing, vulgar, malicious, profane, infringing, indecent, unlawful, or threatening;  
• defame, abuse, threaten, stalk, harass, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• upload files, software, graphics, or other material that actually or potentially violates the copyright, trademark, trade secret, patent, or other intellectual property rights or rights of privacy of publicity of anyone;
• transmit viruses, corrupted files, Trojan horses, malware, or all other program or malicious code that may damage the operation of another’s computer;
• engage in a methodical retrieval of data or other content from this website to create or compile, directly or indirectly, selection, database, compilation, or directory by use of scrapers or other tools in the absence of written permission from The Law Offices of Sean M. Cleary;
• damage, disable, overburden, or impair the website;
• obstruct another party’s use and enjoyment of the site or violate any code of conduct or other guidelines which may be applicable;
• advertise or propose to sell or buy any goods or services for any business purpose, unless such communication service specifically allows such messages;
• engage in any other activity considered by The Law Offices of Sean M. Cleary to collide with the spirit or intent of these terms of use or violate any applicable laws or regulations.

The Law Offices of Sean M. Cleary retains the right at all times to make public any information as needed to comply with any applicable law,  legal process, regulation, or governmental request. Also, we reserve the right to edit, refuse to post or to remove any materials or information, in whole or in part, in The Law Offices of Sean M. Cleary’s sole discretion.

Materials uploaded may be liable to be subjected to posted limitations on usage, reproduction, and dissemination. You are responsible for respecting such limitations if you download the materials.

Materials Provided to the Law Offices of Sean M. Cleary or Posted at The Law Offices of Sean M. Cleary Website.

The Law Offices of Sean M. Cleary doesn't claim ownership of the materials you provide to The Law Offices of Sean M. Cleary (together with feedback and suggestions) or post, upload, input or submit (Submissions) to the website or its associated services. However, by posting, uploading, inputting, providing or submitting you are granting The Law Offices of Sean M. Cleary permission to use your Submissions in connection with the operation of the Internet businesses together with, without limitation, the rights to copy, transmit, distribute, publicly perform, publicly display, edit, reproduce, reformat, and translate your Submissions; and to publish your name with reference to your Submissions.

No compensation will be paid for using your Submissions, as provided herein. The Law Offices of Sean M. Cleary is under no obligation to post or use any Submissions you may provide and may remove them at any time in The Law Offices of Sean M. Cleary’s sole discretion.

By posting, inputting, uploading, submitting, or providing your Submissions, you warrant and represent that you own or otherwise control all of the rights as presented in this section including, without limitation, all the rights necessary for you to post, input, upload, submit, or provide the submissions.

Termination

This agreement is in effect when your access or use our site and shall continue in full force until terminated. The Law Offices of Sean M. Cleary reserves the right, in its sole discretion and without notice, at any time and for any reason, to

• remove or disable your access to the site and related services or any portion thereof,
• suspend your access to or use of all or any part of the site, and
• terminate this agreement.

Use of The Law Offices of Sean M. Cleary website is disapproved in any jurisdiction that does not put into practice all provisions of these terms of use, including without limitation this paragraph. You acknowledge that no joint venture, employment, partnership, or agency relationship exists between you and The Law Offices of Sean M. Cleary as a result of this agreement or use of the site. The Law Offices of Sean M. Cleary’s execution of this agreement is subject to current laws and legal process. Nothing in this agreement is in disapproval of The Law Offices of Sean M. Cleary’s right to fulfil governmental, court, and law enforcement demands or requirements linked with your use of The Law Offices of Sean M. Cleary site or information provided to or gathered by The Law Offices of Sean M. Cleary with reference to such use.

If any portion of this agreement is deemed invalid or unenforceable pursuant to applicable law inclusive of, but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be determined superseded by a valid, enforceable provision that matches most closely the intent of the original provision and the remaining agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Law Offices of Sean M. Cleary with respect to The Law Offices of Sean M. Cleary website. It takes the place of all prior or current communications and suggestions, whether electronic, oral or written, between you and The Law Offices of Sean M. Cleary with respect to The Law Offices of Sean M. Cleary site. A printed version of this agreement and all notice given in electronic form shall be allowed in judicial or administrative reports based upon or relating to this agreement to the identical extent and subject to the identical conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

Limitation of Liability

THE INFORMATION, PRODUCTS, SOFTWARE, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE LAW OFFICES OF SEAN M. CLEARY SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE LAW OFFICES OF SEAN M. CLEARY MAY MAKE IMPROVEMENTS AND MODIFICATIONS IN THE LAW OFFICES OF SEAN M. CLEARY WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE LAW OFFICES OF SEAN M. CLEARY SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS. FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.

THE LAW OFFICES OF SEAN M. CLEARY MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, AVAILABILITY, RELIABILITY, TIMELINESS, AND PRECISION OF THE INFORMATION, PRODUCTS, SERVICES, SOFTWARE, AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. ALL SUCH INFORMATION, PRODUCTS, SERVICES, SOFTWARE, AND RELATED GRAPHICS ARE PRESENTED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE LAW OFFICES OF SEAN M. CLEARY AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS ABOUT THIS INFORMATION, PRODUCTS, SERVICES, SOFTWARE, AND RELATED GRAPHICS, AS WELL AS ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE HIGHEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE LAW OFFICES OF SEAN M. CLEARY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER. DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING FROM OR RELATING TO THIS AGREEMENT, THE USE OR PERFORMANCE OF THE LAW OFFICES OF SEAN M. CLEARY WEBSITE, ANY LINKED SITE, OR THE INTERNET GENERALLY, AS WELL AS, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND ASSOCIATED GRAPHICS OBTAINED THROUGH THE LAW OFFICES OF SEAN M. CLEARY WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE LAW OFFICES OF SEAN M. CLEARY WEBSITE. ALSO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, STEMMING FROM ANY CHANGES TO THE SITE,  FAILURE, DELAY, UNAPPROVED ACCESS TO, OR REVISION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENGAGED INTO THROUGH THE SITE OR ANY LINKED SITE, OR ANY DATA OR MATERIAL FROM A THIRD PARTY ACCESSED ON OR THROUGH THE SITE OR ANY LINKED SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE LAW OFFICES OF SEAN M. CLEARY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND NOTWITHSTANDING THAT ANY EXCLUSIVE REMEDY SHALL FAIL OF ITS ESSENTIAL PURPOSE OR OTHERWISE BE UNAVAILABLE.

IN NO EVENT SHALL THE LAW OFFICES OF SEAN M. CLEARY'S TOTAL LIABILITY TO YOU FOR ANY DIRECT DAMAGES WHETHER CONTRACT OR TORT ASSERTS SUCH LIABILITY OR OTHERWISE EXCEEDS THE TOTAL AGGREGATE AMOUNT OF $5.00. SOME STATES OR JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE THE USE OF THE SITE.

Indemnification

You agree to indemnify, hold harmless, and defend The Law Offices of Sean M. Cleary, its shareholders, officers, directors, employees, and agents from and contra any action, claim, cause, debt, damage, demand, or liability, inclusive of equitable costs and attorneys' fees, advanced by any person, issuing out of or having connection with

• your use of the website, inclusive of any data or work sent or received by you; and
• any unacceptable use of the website, including, without limitation, any statement, data or content made, sent, or republished by you which is prohibited as unacceptable.

Miscellaneous

1. Waiver. No waiver of any term, provision, or status of this agreement, whether by conduct or otherwise, in any one or more situations, shall be considered to be or shall comprise, a waiver of any other term, condition, or provision in this regard, whether or not similar. Such waiver shall not constitute a continuing waiver of any such term, provision or condition in this regard. No waiver shall be mandatory unless done in writing by the party making the waiver.
2. Severability. If any provision of these terms of use is deemed to be illegal or unenforceable, then it will be sanctioned to the maximum extent possible. All other provisions will continue to be completely valid and enforceable.
3. Notice. All notices shall be in writing and shall be delivered when sent by e-mail to each parties' last known e-mail address. You at this moment consent to notice by email.
4. Attorney's Fees. If any action in law or equity is necessary to enforce these terms of use, The Law Offices of Sean M. Cleary shall hold right to fair fees of lawyers, accountants, and other professionals, and costs and expenses as an extra to any other relief to which The Law Offices of Sean M. Cleary may be entitled.
5. Headings. The captions and headings of these terms of use will not be considered in interpreting or construing them. They are inserted for ease of reference only.
6. Force Majeure. If the performance of any part of these terms of use by either party is prevented, delayed, hindered, or in any other way made impossible by reason of any flood, fire, riot, judicial or governmental action, labor disputes, act of God or any other causes outside the limits of control of either party, that party shall be excused from such to the degree that it is prevented, hindered, or delayed by such causes.
7. Entire Terms of Use. These terms of use constitute the complete and exclusive statement of the agreement between the parties with respect to the site and supersede any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the site.

YOU HAVE READ, UNDERSTAND AND AGREE TO THE PRECEDING TERMS & CONDITIONS OF USE OUTLINED IN THE ABOVE TERMS OF USE.