Terms And Conditions
TERMS AND CONDITIONS FOR ACCESS, REVIEW AND/OR USE OF THE LANCASTER & ANASTASIA,
LLP WEBSITE
Please carefully and thoroughly review these Terms and Conditions each time you
access, review and/or use this Lancaster & Anastasia, LLP ("L&A") website as
your access, review and/or use of this website is specifically governed by and
subject to these Terms and Conditions. By accessing, reviewing and/or using this
website, you acknowledge that you have fully read, understand and accept these
Terms and Conditions. If you do not understand and/or accept these Terms and
Conditions, immediately stop all use of this website. L&A reserves the right to
change, amend, alter or modify these Terms and Conditions at any time and for
any reason. Should L&A do so, changes, amendments, alterations or modifications
in these Terms and Conditions will be posted on this website and will be
effective immediately.
NO LEGAL ADVICE; NO ATTORNEY-CLIENT RELATIONSHIP
The information, materials and content contained in this website have been
prepared by L&A for informational purposes only; it does not constitute legal
advice; and it is not intended to create and specifically does not create an
attorney-client relationship or any other similar type of relationship with you.
The mere act of you electronically contacting L&A and/or any of its attorneys or
employees does not create an attorney-client relationship or any other similar
type of relationship. Neither this website nor any of the information, material
or content contained in it is or should be construed in any way as an invitation
to form an attorney-client or other similar type of relationship with L&A and/or
any of its attorneys or employees. You should not rely or act upon in any way
any information, material and/or content contained in this website without
seeking advice from an attorney properly licensed to practice law in your own
state, country or jurisdiction and who is fully familiar and acquainted with the
your specific facts and legal issues. Any e-mail or other communications sent
from you to L&A and/or any of its attorneys or employees through this website
will not be treated as confidential unless L&A agrees in advance and in writing
to the contrary. You have no expectation of privacy or confidentiality in any
communications sent by you to L&A via this website, including, but not limited
to, any information, material, comments or questions sent by you to L&A.
Accordingly, under no circumstances should you send L&A any information,
confidential or otherwise, about any matter involving you unless and until L&A
has agreed in writing to represent you and such agreement is evidenced by the
execution by both you and L&A of a written engagement agreement setting forth
the specific terms of our engagement as legal counsel. No attorney listed on
this website is either certified by the Texas Board of Legal Specialization or
is certified as an "expert" or "specialist" pursuant to any authority governing
the practice of law in the state of New York. Attorney Advertising: For purposes
of the New York State Bar rules, this website may be considered attorney
advertising. Prior results described herein do not guarantee a similar outcome.
DISCLAIMER OF WARRANTY
This website, its contents and all services available on this website are
provided solely on an "as is" and "as available" basis without any
representation, warranty or claim of any kind concerning the information
presented on or through this website. L&A expressly disclaims all
representations and warranties, express or implied, of any kind with respect to
this website, its uses and the services, if any, offered on this 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
Your access and use of this website is entirely at your own risk. The information
and materials contained in and presented on this website may not reflect the
most current state of the law. The information and materials contained in and
presented on this website may be changed, deleted, amended and/or updated
without notice, however, L&A is under no duty or obligation to make any such
changes, deletions, amendments and/or updates. L&A is not responsible for any
errors or omissions in the content of this website or for any damages whatsoever
arising from the use or performance of this website under any circumstances.
Specifically, in no event shall L&A, its attorneys, employees, agents,
representatives or service providers be liable for damages of any kind or
nature, including, but not limited to, actual, consequential, compensatory,
special, incidental, punitive and/or exemplary damages, arising out of or in
connection with in any way the access, review, use, inability to use or
performance of this website and/or any content, materials or services available
on this website.
NO PRO BONO REQUESTS ACCEPTED
No e-mail solicitations for Pro Bono advice or assistance will be accepted.
IRS CIRCULAR 230 DISCLOSURE
Any tax information or written tax advice contained in this website (including
any attachments) 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 or for
promoting, marketing or recommending to another party any transaction or matter
contained or addressed in this website (including any attachments). The
foregoing statement is made pursuant to U.S. Treasury Regulations governing tax
practice.
COMMUNICATIONS WITH L&A
By sending L&A any information, material, comments or questions via this website,
you specifically grant L&A unrestricted, royalty-free, worldwide, irrevocable
license to use, reproduce, display, perform, modify, transmit and distribute
such information, material or questions in any manner, including in connection
with L&A’s business, and you also agree that L&A may use any ideas, concepts,
know-how or techniques that you send to L&A for any purpose.
YOUR USE OF THIS WEBSITE
You agree that you will not use this website for any illegal purpose whatsoever.
In addition, you agree that you will not collect or otherwise use contact
information made available on this website for the purpose of sending
unsolicited improper communications, including, but not limited to, unsolicited
bulk email and/or spam. You further agree that you will not circumvent or
attempt to circumvent in any way the security or access control technology
associated with this website or degrade the performance or functionality of this
website. You further agree that you will not gain or attempt to gain in any way
unauthorized access to this website or the server(s) and/or network(s)
associated with L&A and/or this website. You agree that no information,
material, comments or questions submitted by you to L&A via this website
violates any personal or proprietary right of any third party, including, but
not limited to, copyright and trademark rights. You agree that no information,
material, comments or questions submitted by you to L&A via this website will be
libelous, slanderous, harassing, obscene and/or unlawful in any way. You
specifically acknowledge and agree that you will be solely liable for the
content of any information, material, comments or questions submitted by you to
L&A via this website.
LINKS TO OTHER WEBSITES
If you use any links on this website to access any third party websites not
maintained by L&A, you will leave the L&A website. You are hereby advised that
those third party websites are not maintained or controlled by L&A which is
specifically not responsible for the contents of any third party linked websites
or any other links contained therein. If L&A provides links to third party
websites via this website, it does so only as a convenience, and L&A
specifically disclaims any and all express or implied endorsement or
recommendation of such third party websites.
INDEMNITY
You agree to indemnify, defend, and hold harmless L&A, its attorneys, employees,
agents, representatives, suppliers and content and service providers from and
against all losses, expenses, damages and costs, including, but not limited to,
reasonable attorneys’ fees and costs (including expert witness fees), resulting
from any violation of these Terms and Conditions and/or any access, review
and/or use of this website.
SEVERABILITY
If any provision of these Terms and Conditions is found to be void or
unenforceable, such provision shall be severed and all other provisions shall
remain in full force and effect.
APPLICABLE LAW; VENUE; ARBITRATION
YOUR ACCESS, REVIEW, USE, INABILITY TO USE OR PERFORMANCE OF THIS WEBSITE AND/OR
ANY CONTENT, MATERIALS OR SERVICES AVAILABLE ON THIS WEBSITE SHALL BE GOVERNED
EXCLUSIVE BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO CONFLICT OF
LAW PRINCIPLES OR THE CHOICE OF LAW PROVISIONS OF OTHER STATES. BY ACCESSING,
REVIEWING AND/OR USING THIS WEBSITE IN ANY WAY, YOU SPECIFICALLY AGREE TO SUBMIT
ANY AND ALL DISPUTES RELATED TO YOUR ACCESS, REVIEW, USE, INABILITY TO USE OR
PERFORMANCE OF THIS WEBSITE AND/OR ANY CONTENT, MATERIALS OR SERVICES AVAILABLE
ON THIS WEBSITE OR THESE TERMS AND CONDITIONS TO FINAL, BINDING AND
NON-APPEALABLE ARBITRATION BEFORE THE JUDICIAL ARBITRATION AND MEDIATION SERVICE
(“JAMS”) EXCLUSIVELY IN LOS ANGELES, CALIFORNIA. THE CONDUCT OF SUCH
ARBITRATION, INCLUDING, BUT NOT LIMITED TO, THE SELECTION OF A SINGLE ARBITRATOR
FROM THE JAMS-APPROVED PANEL OF ARBITRATORS TO PRESIDE OVER THE FINAL, BINDING
AND NON-APPEALABLE ARBITRATION, SHALL BE IN ACCORDANCE WITH THE JAMS
COMPREHENSIVE ARBITRATION RULES & PROCEDURES, OR ITS SUCCESSOR RULES AND
PROCEDURES, THEN IN EFFECT AT THE TIME OF THE COMMENCEMENT OF THE ARBITRATION.
ANY PARTY TO THE ARBITRATION PROCEEDING MAY HAVE THE JAMS ARBITRATION AWARD
ENTERED AS A FINAL, NON-APPEALABLE JUDGMENT IN A COURT OF COMPETENT
JURISDICTION. YOUR SPECIFIC AGREEMENT AND CONSENT TO THIS ARBITRATION PROVISION
IS GIVEN WITH YOUR KNOWING AND VOLUNTARY CONSENT TO A WAIVER OF THE RIGHT TO A
JURY TRIAL, IF ANY. NOTWITHSTANDING ANY RULES, PROCEDURES, PROVISIONS OR OTHER
AGREEMENTS GOVERNING THE CONDUCT OF THE ARBITRATION AND/OR ANY AWARD ARISING
FROM IT, YOU EXPRESSLY AGREE THAT ALL COSTS AND EXPENSES ASSOCIATED IN ANY WAY
WHATSOEVER WITH ANY DISPUTE PROCEEDING PROVIDED FOR HEREIN, INCLUDING, BUT NOT
LIMITED TO, ALL FILING FEES, ARBITRATOR FEES/COSTS, ATTORNEYS’ FEES/COSTS,
EXPERT WITNESS FEES/COSTS AND ALL DISCOVERY FEES/COSTS, SHALL BE SEPARATELY AND
SOLELY PAID AND BORNE BY THE PARTY INCURRING SUCH FEES AND COSTS OR WITH RESPECT
TO RETAINING SUCH EXPERT(S), REGARDLESS OF THE OUTCOME OF THE PROCEEDING(S) AND
REGARDLESS OF AND NOTWITHSTANDING ANY FINDING OR DETERMINATION AS TO A
“PREVAILING PARTY.”
Copyright © 2011 Lancaster & Anastasia, LLP. All rights reserved. L&A claims a
copyright in all proprietary and copyrightable elements comprising this website,
including, but not limited to, text, graphics, logos and computer code on this
website, the overall design of this website, and the selection, arrangement and
presentation of all materials on this website, including information in the
public domain. Any and all software used in this website is the property of L&A
or its licensors. Permission is granted by L&A solely to electronically display
and electronically copy and print hard copy portions of this website for your
own personal, non-commercial use provided, however, that (1) no portion of this
website is modified or changed in any manner; and (2) a copy of these Terms and
Conditions is included with any such permissible printing, copying, or other
allowable use. Any other use, including, but not limited to, the reproduction,
modification, distribution, transmission, republication, display or performance
of any content of this website is strictly prohibited.