Please carefully review these Terms of Use before using this website. These Terms of Use govern the relationship between you and Berman Fink Van Horn P.C. (“BFV“) and constitute a legally binding agreement between you and BFV.  By accessing or using the BFV website, you acknowledge that you have read, understood and accept these Terms of Use.  These Terms of Use are effective as of October 15, 2013.

No Legal Advice; No Attorney-Client Relationship.

The content and materials on this website, including blogs, articles, newsletters and other materials (collectively, the “Website Content“), is for informational purposes only and does not constitute legal advice, advertising or a solicitation for you to use our services.  Transmission of the Website Content is not intended to create, and your receipt or use or both of the Website Content does not create, an attorney-client relationship. You should not rely upon this information for any purpose without seeking legal advice from a licensed attorney in your state familiar with your particular facts and legal issues.

Privacy Policy.

Please review BFV’s privacy policy for information on BFV’s privacy practices with respect to the BFV website.

Circular 230 Disclosure.

Any tax information or written tax advice contained on the BFV website is not intended to be and cannot be used by any taxpayer for the purpose of avoiding tax penalties that may be imposed on the taxpayer. This statement is made pursuant to U.S. Treasury Regulations governing tax practice.

Communications with BFV.

Any e-mail or other communications sent from you to BFV through the BFV website will not be treated as confidential unless BFV agrees in advance to treat it as such.  Accordingly, please do not send us any information about any matter which may involve you unless and until you have entered into a formal engagement agreement for BFV to represent you.

By sending BFV any ideas, comments, suggestions, questions or other material (“Unsolicited Ideas“), you agree BFV (i) has no obligations with respect to the Unsolicited Ideas, including without limitation, any obligation to keep, protect the confidentiality of or maintain or protect in any other way; and (ii) will own all Unsolicited Ideas it receives from you and it may use the Unsolicited Ideas in any way it desires, including without limitation, disclosing or redistributing the Unsolicited Ideas to third parties, all without restriction and without any obligation to acknowledge or compensate you.

You agree that no comments or other information submitted by you to BFV will violate any personal or proprietary right of any third party (including, without limitation, copyright and trademark rights). You agree that no comments or other information submitted by you to BFV will be libellous, obscene, harassing, abusive or otherwise unlawful. You agree that you shall remain solely liable for the contents of any comments or other information submitted by you to BFV. 

Intellectual Property.

The BFV website and all of the Website Content is owned by BFV and is protected by U.S. and international copyright laws. Copyright 2013 Berman Fink Van Horn P.C.. All rights reserved. All elements comprising the BFV website, including without limitation, the text, site design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof are the sole property of BFV or its licensors, and are protected by U.S. and international copyright laws. All software used in this site is the property of BFV or its licensors, and such software is also protected by U.S. and international copyright laws. BFV grants you a non-exclusive license for the sole purposes of electronically displaying and electronically copying and printing hard copy portions of this site for your own non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of any content of this site is strictly prohibited.

Disclaimer of Warranty.

THE BFV WEBSITE, THE WEBSITE CONTENT AND THE SERVICES AVAILABLE ON THE BFV WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. BFV EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE BFV WEBSITE, ITS USES AND THE SERVICES OFFERED ON THE BFV WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY AND FREEDOM FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability.

IN NO EVENT SHALL BFV, ITS SHAREHOLDERS, PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES EVEN IF MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE SITE AND/OR ANY CONTENT, MATERIALS OR SERVICES AVAILABLE AT THE SITE.

Third Parties.

The BFV website may include links to other third party websites, services or resources (each, a “Third Party Service“).  Your use of Third Party Services is at your own risk.  BFV makes no representations whatsoever about any third party websites that you may access through the BFV website, and the fact that we have linked to another site should not be construed as an endorsement of that site or its proprietor. BFV is not responsible for the privacy practices, terms and conditions or content of such websites, or the services provided by such third parties. BFV prohibits (i) the framing of any materials available through this site, and (ii) “deep linking” to pages of the site other than the home page. BFV reserves the right to disable any unauthorized frames and specifically disclaims any responsibility for the contents of any other websites linked to this site.

Indemnity.

You agree to indemnify, defend, and hold harmless BFV, its shareholders, principals, officers, directors, employees, agents, representatives, suppliers and content and service providers from and against all losses, expenses, damages and costs, including reasonable attorneys fees, resulting from any (i) violation of these Terms of Use, (ii) activity related to your account with BFV (including negligent or wrongful conduct), or (iii) your access to or use of the BFV website.

Applicable Law.

Your use of the site shall be governed by the laws of the State of Georgia without regard to its choice of law principles. You agree to submit to the personal jurisdiction of the state and federal courts located in Fulton County, Georgia with respect to any legal proceedings arising out of these Terms of Use, the BFV privacy policy, or your use of the BFV website.

Changes to the Website and Website Content.

BFV reserves the right to make additions, deletions or modifications to the BFV website and the Website Content at any time without prior notice to you.  BFV is under no obligation to update any Website Content, even if BFV knows that the Website Content includes outdated information or information that is based on outdated law. 

Miscellaneous.

BFV reserves the right to change, alter or modify these Terms of Use or the privacy policy for any reason at any time. When we do so, changes in these Terms of Use will be posted on the BFV website and will be effective immediately. If you are a regular visitor to the BFV website, we recommend that you check these Terms of Use on a regular basis.

These Terms of Use contain the entire agreement between you and BFV regarding the BFV website and the Website Content and supersede any prior agreement between you and BFV relating to its subject matter.

If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable.

Contact.

If you have any questions about these Terms of Use, please feel free to contact us at info@bfvlaw.com.