TERMS OF USE & PRIVACY POLICYWelcome to charlestonfirm.com (the “Site”) website provided by The Charleston Firm, LLC. This Policy contains the terms, covenants, conditions, and provisions upon which you may access and use this Site and the information and materials found on this Site. This Policy also contains the privacy policy applicable to your use of this Site. This Policy is effective as of August 8, 2019.
By accessing, viewing, or using this Site, you, the User, indicate that you understand and intend these Terms of Use and Privacy Policy to be the legal equivalent of a signed, written contract and equally binding, and that you agree to such Terms of Use and Privacy Policy. Please note that The Charleston Firm reserves the right to change the Terms of Use and Privacy Policy under which this Site and its many offerings are extended to you. Your continued use of this Site following reasonable notice of such modifications will constitute your acceptance of such changes. You also agree that notices we may provide on the Site itself shall be deemed reasonable notice for this purpose.
Please read these Terms of Use (these “Terms”) carefully prior to visiting or using The Charleston Firm website (Site), as defined herein. By accessing and/or using the Site, you represent and warrant that you are at least eighteen (18) years of age and you agree to and are bound by these Terms. You should review these Terms regularly as they may change at any time at our sole discretion without notice or other obligation to you. Your continued use of the Site following such changes signifies your agreement to be bound by such changes. If you do not agree to any term or condition of these Terms, you must not access or otherwise use the Site.
You are also subject to The Charleston Firm Privacy Policy found at this website. You agree that The Charleston Firm may modify these Terms of Use and the Privacy Policy at any time and from time to time, with or without notice to you. When you access, use or browse the Site, you accept, without limitation or qualification, these Terms of Use as if you had signed them.
Definitions.
“Additional Terms” refers to (a) any written authorization regarding the use of the Site; and (b) any additional terms and conditions posted in connection with the Site and/or any portion or section thereof.
“Content” refers to any materials, data, documents, applications, source code, images, graphics, logos, design, audio, video, musical works, works of authorship, or any other information or materials provided from or by The Charleston Firm or any of The Charleston Firm’s Affiliates on the Site.
“Site” refers collectively to The Charleston Firm’s website including The Charleston Firm.com, and all other related Content and online services.
“User” refers to a Visitor.
We Provide the Site for your Convenience Only
We do not warrant or represent that the Content is accurate or complete; up-to-date or current; free from inaccuracies, omissions or errors; or free from changes, errors or problems.
We do not have a duty to update the Site and/or any Content, and any updates to the Site and/or the Content will be in our sole discretion. We reserve the right to modify, update, delete or replace the Site, the Content, and any portion thereof, or services offered in connection therewith, at any time and from time to time in our sole discretion without prior notice.
Except as agreed in any Additional Terms, you acknowledge and agree that The Charleston Firm, in its sole discretion, without notice or any further obligation to you, may:
- temporarily suspend or permanently discontinue your, and refuse any and all current and future, access to or use of the Site and/or the Content for any reason;
- reject or delete any unlawful, infringing, threatening, libelous, defamatory, infringing, obscene, scandalous, inflammatory, pornographic, discriminatory or profane or otherwise objectionable material, or any other Content that could give rise to any civil or criminal liability under the law;
- suspend, restrict, terminate or permanently delete your use if The Charleston Firm, in its sole discretion, determines that you breached these terms or any other agreements, pose a threat to The Charleston Firm, The Charleston Firm Affiliates, or any of its Users, or for any other reason; or
- take any other necessary or appropriate actions in case of technical problems or unauthorized activities.
We Provide the Site "As Is" and “As Available” and Disclaim All Warranties and Liability
THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY OR COMPLETENESS. THE SITES MAY CONTAIN BUGS, VIRUSES, OTHER MALICIOUS CODE, MALWARE, ERRORS, INTERRUPTIONS, PROBLEMS AND OTHER LIMITATIONS FOR WHICH THE CHARLESTON FIRM DISCLAIMS ANY RESPONSIBILITY AND LIABILITY.
WE DO NOT ASSUME, AND HEREBY EXPRESSLY DISCLAIM, ANY LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE OR ANY CONTENT. IN OTHER WORDS, YOU USE THE SITE AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL WE, OUR AFFILIATES, OR ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY CONTENT, SUBMISSIONS, USER PROFILES, ACTS OR OMISSIONS OF OTHER USERS, NEGLIGENCE, LOSS OF DATA, LOST BUSINESS OR LOST PROFIT ARISING OUT OF YOUR OR ANY THIRD PARTY’S USE OR THE INABILITY TO USE THE SITE AND/OR THE CONTENT. IF YOUR USE OF THE SITE RESULTS IN ANY INTERRUPTION, IMPAIRMENT OR LOSS OF, OR YOUR NEED TO SERVICE, REPAIR OR CORRECT, ANY SOFTWARE, EQUIPMENT, SYSTEMS OR DATA, YOU AGREE TO ASSUME, AND HOLD US HARMLESS FROM, ANY COSTS AND LOSSES IN CONNECTION THEREWITH.
Intellectual Property Rights in the Site
The Charleston Firm, LLC owns all rights and interest in and to the Site and the Content. The Charleston Firm does not grant you any ownership rights in the Content, nor grant you any right to use, reproduce, or display the Content through or on any other medium.
You may not copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, display, publicly perform, display, sell, use or sublicense any Content or materials on the Sites, including any Content of third parties except as authorized herein. Your license rights in the Site and the Content are for your use only and are limited to the rights specifically set forth in these Terms.
The copyright in the Site and the Content, including (without limitation) all graphics, text, and computer programs contained therein, the underlying code, the pages displaying the Site and the arrangement of the Site, is owned by The Charleston Firm unless otherwise indicated. You may not post, modify, distribute or reproduce in any way, any copyrighted material, trademarks, or other proprietary information belonging to The Charleston Firm or third parties except as provided in these Terms. Upon receipt of proper notification to The Charleston Firm by the copyright owner or its legal agent of copyright infringement, The Charleston Firm reserves the right to suspend or wholly terminate your right to access or use the Site based on such infringement, whether oral or alleged.
The Charleston Firm is a service mark of The Charleston Firm, LLC. Certain other trademarks and service marks owned by The Charleston Firm or The Charleston Firm Affiliates may be contained in the Sites. You may not use, and nothing on the Site should be construed as granting any license or right to use, any of the trade or service marks without our prior written permission. You are not authorized to use any of the service marks as a hyperlink to the Site, unless you obtain our prior written permission. All other marks contained herein are the property of their respective mark owners.
Links to Third Party Websites
Any links on the Site to third party websites are provided by The Charleston Firm solely as a convenience to you. The privacy and security practices of such third party websites may be different than The Charleston Firm’s privacy and security practices. We reserve the right to terminate a link to a third party website at any time. The fact that we provide a link to a third party website does not mean that we endorse, authorize or sponsor that website or its products. It also does not mean that we are affiliated with the third party website's owners or sponsors. The Charleston Firm does not control such websites and is not responsible for any such websites or the content, products, accuracy, opinions or services offered by any third parties.
Third Party Links to the Sites
If a third party links to our Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to the Site.
A website that links to the Site:
- may link to, but not replicate, the Site or the Content;
- may not create a browser, border environment or frame the Site or the Content;
- may not imply that we are endorsing it or its products or services;
- may not misrepresent its relationship with us;
- may not present false, misleading, deceptive, or inaccurate information about our products or services;
- may not contain content that could be construed as distasteful, offensive or controversial; and
- may not state or imply anything about The Charleston Firm’s services without our prior written consent.
Your Use of the Site is Restricted
You may not (a) decompile, disassemble, reverse engineer, translate, change, modify or otherwise alter the Site or any technology accessible thereon or (b) interfere with or alter the Site or gain access to any other services, hardware or networks owned, maintained or operated by The Charleston Firm, unless otherwise expressly permitted by The Charleston Firm. You represent, warrant and covenant that you will use the Site and the Content only for authorized and legal purposes, consistent with all applicable laws, rules, regulations and the proprietary rights of third parties and these Terms and any applicable Additional Terms.
Neither the Site, nor any Content owned, operated, licensed or controlled by us may be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, except as expressly authorized herein. If you violate these restrictions, you may be subject to civil and criminal penalties. If we waive these restrictions in accordance with these Terms, the permission terminates automatically if you breach these Terms.
Claims of Copyright Infringement
If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide us with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
- a description of the copyrighted work that you claim has been infringed;
- the location of the allegedly infringing material on the Site;
- your address, telephone number, and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Charleston Firm’s Agent for notice of claims of copyright infringement pursuant to this Section, can be reached as follows:
Attn: April L. Charleston
The Charleston Firm
60 W. Boot Road
Suite 201
West Chester, PA 19380
You are Bound by Changes to these Terms
We may at any time modify, amend, revise or replace these Terms, without notice to you, by updating this posting. By using the Site following any such modification, amendment, revision or replacement, you agree to be bound by the terms thereof and should therefore periodically visit this page to determine the then-current Terms to which you are bound.
You Agree to Indemnify Us for Using the Site
You agree to indemnify, defend and hold harmless The Charleston Firm, LLC the The Charleston Firm Affiliates and their respective officers, directors, employees, agents, licensors, suppliers and any third party information providers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or use of the Site.
Miscellaneous
Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. You agree that no joint venture, partnership, employment or agency relationship exists between you, The Charleston Firm, LLC or the The Charleston Firm Affiliates as a result of these Terms, any Additional Terms or your use of the Site. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. We may assign our rights and duties under these Terms to any party at any time without notice to you. All notices, demands and other communications hereunder shall be in writing and shall be effective upon receipt, provided that The Charleston Firm may provide notice to you by posting announcements to the Site or sending an e-mail to a User at any e-mail address furnished by such User. Except with respect to that body of law relating to conflicts of law, the laws of the Commonwealth of Pennsylvania shall govern these Terms. The parties agree to submit to jurisdiction and venue in the Commonwealth of Pennsylvania and in the U.S. district courts located therein. If any provision of these Terms or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of these Terms, or the application thereof to any person or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each provision of these Terms shall be valid and enforced to the fullest extent of the law. These Terms, together with any Additional Terms, constitute the complete agreement between the parties and supersedes all previous communications and representations or agreements, either oral or written, with respect to the subject matter hereof. Those provisions that, by their terms, should survive any termination or expiration of these Terms, shall survive any termination or expiration of these Terms. The headings and titles in these Terms are for convenience only and shall not have any legal or contractual effect.
By accessing, viewing, or using this Site, you, the User, indicate that you understand and intend these Terms of Use and Privacy Policy to be the legal equivalent of a signed, written contract and equally binding, and that you agree to such Terms of Use and Privacy Policy. Please note that The Charleston Firm reserves the right to change the Terms of Use and Privacy Policy under which this Site and its many offerings are extended to you. Your continued use of this Site following reasonable notice of such modifications will constitute your acceptance of such changes. You also agree that notices we may provide on the Site itself shall be deemed reasonable notice for this purpose.
Please read these Terms of Use (these “Terms”) carefully prior to visiting or using The Charleston Firm website (Site), as defined herein. By accessing and/or using the Site, you represent and warrant that you are at least eighteen (18) years of age and you agree to and are bound by these Terms. You should review these Terms regularly as they may change at any time at our sole discretion without notice or other obligation to you. Your continued use of the Site following such changes signifies your agreement to be bound by such changes. If you do not agree to any term or condition of these Terms, you must not access or otherwise use the Site.
You are also subject to The Charleston Firm Privacy Policy found at this website. You agree that The Charleston Firm may modify these Terms of Use and the Privacy Policy at any time and from time to time, with or without notice to you. When you access, use or browse the Site, you accept, without limitation or qualification, these Terms of Use as if you had signed them.
Definitions.
“Additional Terms” refers to (a) any written authorization regarding the use of the Site; and (b) any additional terms and conditions posted in connection with the Site and/or any portion or section thereof.
“Content” refers to any materials, data, documents, applications, source code, images, graphics, logos, design, audio, video, musical works, works of authorship, or any other information or materials provided from or by The Charleston Firm or any of The Charleston Firm’s Affiliates on the Site.
“Site” refers collectively to The Charleston Firm’s website including The Charleston Firm.com, and all other related Content and online services.
“User” refers to a Visitor.
We Provide the Site for your Convenience Only
We do not warrant or represent that the Content is accurate or complete; up-to-date or current; free from inaccuracies, omissions or errors; or free from changes, errors or problems.
We do not have a duty to update the Site and/or any Content, and any updates to the Site and/or the Content will be in our sole discretion. We reserve the right to modify, update, delete or replace the Site, the Content, and any portion thereof, or services offered in connection therewith, at any time and from time to time in our sole discretion without prior notice.
Except as agreed in any Additional Terms, you acknowledge and agree that The Charleston Firm, in its sole discretion, without notice or any further obligation to you, may:
- temporarily suspend or permanently discontinue your, and refuse any and all current and future, access to or use of the Site and/or the Content for any reason;
- reject or delete any unlawful, infringing, threatening, libelous, defamatory, infringing, obscene, scandalous, inflammatory, pornographic, discriminatory or profane or otherwise objectionable material, or any other Content that could give rise to any civil or criminal liability under the law;
- suspend, restrict, terminate or permanently delete your use if The Charleston Firm, in its sole discretion, determines that you breached these terms or any other agreements, pose a threat to The Charleston Firm, The Charleston Firm Affiliates, or any of its Users, or for any other reason; or
- take any other necessary or appropriate actions in case of technical problems or unauthorized activities.
We Provide the Site "As Is" and “As Available” and Disclaim All Warranties and Liability
THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY OR COMPLETENESS. THE SITES MAY CONTAIN BUGS, VIRUSES, OTHER MALICIOUS CODE, MALWARE, ERRORS, INTERRUPTIONS, PROBLEMS AND OTHER LIMITATIONS FOR WHICH THE CHARLESTON FIRM DISCLAIMS ANY RESPONSIBILITY AND LIABILITY.
WE DO NOT ASSUME, AND HEREBY EXPRESSLY DISCLAIM, ANY LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE OR ANY CONTENT. IN OTHER WORDS, YOU USE THE SITE AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL WE, OUR AFFILIATES, OR ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY CONTENT, SUBMISSIONS, USER PROFILES, ACTS OR OMISSIONS OF OTHER USERS, NEGLIGENCE, LOSS OF DATA, LOST BUSINESS OR LOST PROFIT ARISING OUT OF YOUR OR ANY THIRD PARTY’S USE OR THE INABILITY TO USE THE SITE AND/OR THE CONTENT. IF YOUR USE OF THE SITE RESULTS IN ANY INTERRUPTION, IMPAIRMENT OR LOSS OF, OR YOUR NEED TO SERVICE, REPAIR OR CORRECT, ANY SOFTWARE, EQUIPMENT, SYSTEMS OR DATA, YOU AGREE TO ASSUME, AND HOLD US HARMLESS FROM, ANY COSTS AND LOSSES IN CONNECTION THEREWITH.
Intellectual Property Rights in the Site
The Charleston Firm, LLC owns all rights and interest in and to the Site and the Content. The Charleston Firm does not grant you any ownership rights in the Content, nor grant you any right to use, reproduce, or display the Content through or on any other medium.
You may not copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, display, publicly perform, display, sell, use or sublicense any Content or materials on the Sites, including any Content of third parties except as authorized herein. Your license rights in the Site and the Content are for your use only and are limited to the rights specifically set forth in these Terms.
The copyright in the Site and the Content, including (without limitation) all graphics, text, and computer programs contained therein, the underlying code, the pages displaying the Site and the arrangement of the Site, is owned by The Charleston Firm unless otherwise indicated. You may not post, modify, distribute or reproduce in any way, any copyrighted material, trademarks, or other proprietary information belonging to The Charleston Firm or third parties except as provided in these Terms. Upon receipt of proper notification to The Charleston Firm by the copyright owner or its legal agent of copyright infringement, The Charleston Firm reserves the right to suspend or wholly terminate your right to access or use the Site based on such infringement, whether oral or alleged.
The Charleston Firm is a service mark of The Charleston Firm, LLC. Certain other trademarks and service marks owned by The Charleston Firm or The Charleston Firm Affiliates may be contained in the Sites. You may not use, and nothing on the Site should be construed as granting any license or right to use, any of the trade or service marks without our prior written permission. You are not authorized to use any of the service marks as a hyperlink to the Site, unless you obtain our prior written permission. All other marks contained herein are the property of their respective mark owners.
Links to Third Party Websites
Any links on the Site to third party websites are provided by The Charleston Firm solely as a convenience to you. The privacy and security practices of such third party websites may be different than The Charleston Firm’s privacy and security practices. We reserve the right to terminate a link to a third party website at any time. The fact that we provide a link to a third party website does not mean that we endorse, authorize or sponsor that website or its products. It also does not mean that we are affiliated with the third party website's owners or sponsors. The Charleston Firm does not control such websites and is not responsible for any such websites or the content, products, accuracy, opinions or services offered by any third parties.
Third Party Links to the Sites
If a third party links to our Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to the Site.
A website that links to the Site:
- may link to, but not replicate, the Site or the Content;
- may not create a browser, border environment or frame the Site or the Content;
- may not imply that we are endorsing it or its products or services;
- may not misrepresent its relationship with us;
- may not present false, misleading, deceptive, or inaccurate information about our products or services;
- may not contain content that could be construed as distasteful, offensive or controversial; and
- may not state or imply anything about The Charleston Firm’s services without our prior written consent.
Your Use of the Site is Restricted
You may not (a) decompile, disassemble, reverse engineer, translate, change, modify or otherwise alter the Site or any technology accessible thereon or (b) interfere with or alter the Site or gain access to any other services, hardware or networks owned, maintained or operated by The Charleston Firm, unless otherwise expressly permitted by The Charleston Firm. You represent, warrant and covenant that you will use the Site and the Content only for authorized and legal purposes, consistent with all applicable laws, rules, regulations and the proprietary rights of third parties and these Terms and any applicable Additional Terms.
Neither the Site, nor any Content owned, operated, licensed or controlled by us may be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, except as expressly authorized herein. If you violate these restrictions, you may be subject to civil and criminal penalties. If we waive these restrictions in accordance with these Terms, the permission terminates automatically if you breach these Terms.
Claims of Copyright Infringement
If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide us with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
- a description of the copyrighted work that you claim has been infringed;
- the location of the allegedly infringing material on the Site;
- your address, telephone number, and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Charleston Firm’s Agent for notice of claims of copyright infringement pursuant to this Section, can be reached as follows:
Attn: April L. Charleston
The Charleston Firm
60 W. Boot Road
Suite 201
West Chester, PA 19380
You are Bound by Changes to these Terms
We may at any time modify, amend, revise or replace these Terms, without notice to you, by updating this posting. By using the Site following any such modification, amendment, revision or replacement, you agree to be bound by the terms thereof and should therefore periodically visit this page to determine the then-current Terms to which you are bound.
You Agree to Indemnify Us for Using the Site
You agree to indemnify, defend and hold harmless The Charleston Firm, LLC the The Charleston Firm Affiliates and their respective officers, directors, employees, agents, licensors, suppliers and any third party information providers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or use of the Site.
Miscellaneous
Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. You agree that no joint venture, partnership, employment or agency relationship exists between you, The Charleston Firm, LLC or the The Charleston Firm Affiliates as a result of these Terms, any Additional Terms or your use of the Site. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. We may assign our rights and duties under these Terms to any party at any time without notice to you. All notices, demands and other communications hereunder shall be in writing and shall be effective upon receipt, provided that The Charleston Firm may provide notice to you by posting announcements to the Site or sending an e-mail to a User at any e-mail address furnished by such User. Except with respect to that body of law relating to conflicts of law, the laws of the Commonwealth of Pennsylvania shall govern these Terms. The parties agree to submit to jurisdiction and venue in the Commonwealth of Pennsylvania and in the U.S. district courts located therein. If any provision of these Terms or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of these Terms, or the application thereof to any person or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each provision of these Terms shall be valid and enforced to the fullest extent of the law. These Terms, together with any Additional Terms, constitute the complete agreement between the parties and supersedes all previous communications and representations or agreements, either oral or written, with respect to the subject matter hereof. Those provisions that, by their terms, should survive any termination or expiration of these Terms, shall survive any termination or expiration of these Terms. The headings and titles in these Terms are for convenience only and shall not have any legal or contractual effect.