Healthcare Law Blog WEB SITE
TERMS AND CONDITIONS OF USE
Healthcare Law Blog WEB SITE
TERMS AND CONDITIONS OF USE
(Revised March 31, 2006)

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (THE "TERMS") CAREFULLY BEFORE USING THIS WEB SITE. THESE TERMS GOVERN YOUR USE OF THIS SITE AND ARE BINDING BETWEEN YOU AND DAY PITNEY LLP ("DP" or the "Firm").

1. Purpose of this Site and Disclaimer
Day Pitney LLP provides this web site (the "Site") to visitors ("You") solely for informational, noncommercial use. Nothing displayed on the Site is intended to constitute legal advice. The information contained on the Site is not protected by the Attorney Client Privilege and does not create an attorney-client relationship with DP or with any of its attorneys. The Site is not an offer to represent You, and you should not act, or refrain from acting, based on any information contained on the Site.

New clients may only retain the Firm by executing a retainer agreement prepared for that company or individual. If you are not an existing client of the Firm and have not executed a retainer letter with the Firm, you are not a Client of the Firm.

Communications by You to Day Pitney or any of its attorneys or other professionals made through this Site may not be protected by the Attorney Client Privilege. While communications from exisiting clients may be privileged, we recommend that You do not transmit confidentail information to us via this Site but through direct email with the attorney at the Firm representing You or through other methods of communication.

DP maintains offices in New Jersey, New York, Connecticut, Boston, Washington DC, and Belgium and has attorneys licensed to practice in many jurisdictions.

2. Acceptance of Terms and Subsequent Amendments
Your use of the Site constitutes your full legal acceptance of each of these terms, to the same extent as if You had signed an agreement with the Firm. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE. You agree that Day Pitney may amend or alter these Terms by posting such revised Terms on this Site. Use of the Site after such posting of any modifications or additions shall constitute your acceptance of the new Terms as indicated above. We therefore suggest that You review these Terms periodically for any changes or modifications. .

3. Limited Authorization to Use Protected Material
DP grants You permission to display, download, and reproduce information posted on the Site ("Information") subject to your agreement to abide by the following conditions: You may display, download, and reproduce the Information solely for your personal, non-commercial purposes. You must retain and reproduce each copyright notice or other proprietary rights notice contained in any of the Information You display, download, or reproduce. With the exception of the foregoing limited authorization, You are not granted any license to or right in the Information on this Site, nor may You modify, transmit, reproduce, distribute, publish, transfer, sell or otherwise use any Information obtained from or through the Site .

This Site contains or references trademarks, copyrights, patents, trade secrets, logos or other proprietary rights of DP ("Intellectual Property"). The Information and Intellectual Property on the Site are the exclusive property of Day Pitney LLP. Removing or altering any copyright or other legal notice on Information on the Site is prohibited. DP also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination and arrangements of the Site's content. Except as otherwise expressly stated herein, You are not granted any license to use, or right in, any Information on this Site. Non-compliance relating to displaying, downloading and reproduction of the Information, and the use of the Intellectual Property displayed or otherwise made available on the Site, constitutes a material breach of these Terms and immediate forfeiture of the above limited authorization.

Images of people or places displayed on the Site are either the property of, or used with permission by, DP. The use of these images by You, or anyone else authorized by You, is prohibited unless specifically permitted by these Terms or by specific permission provided elsewhere on the Site or in a separate writing signed by a member of the Firmís Executive Committee. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and potentially other statutes and regulations.

The Site also contains or references the intellectual property of third parties. No license or permission is granted herein with respect to any of this information.

4. Accuracy; Limitation of Liability and Exclusion of Warranties
DP makes reasonable efforts to ensure that all information contained on the Site is accurate and up to date. Nevertheless, your use and browsing of this Site is exclusively at your own risk and this Site is provided to You AS-IS. DP MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THIS SITE AND THE MATERIALS CONTAINED HEREIN. DP EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY OR QUALITY AND ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ASSUMES NO LIABILITY FOR ANY ERRORS AND/OR OMISSIONS IN THE INFORMATION CONTAINED IN THIS SITE.

DP ALSO EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS YOU ACCESS OR BROWSE THE SITE OR DOWNLOAD MATERIAL FROM THE SITE.

UNDER NO CIRCUMSTANCES SHALL DP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) RESULTING FROM ITS PERFORMANCE OR ANY FAILURE TO PERFORM UNDER THIS AGREEMENT EVEN IF DP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DP's SOLE LIABILITY SHALL NEVER EXCEED $500.00.

5. Non-Proprietary and Non-Confidential Treatment of Information You Provide No attorney-client relationship can be created by sending an e-mail to DP or any of its attorneys. If You are not currently a client of DP, your e-mail will not be confidential or privileged and may be reviewed by third parties. Even as to existing clients, DP reserves the right to treat any communication You make with DP via this Site as non-proprietary and not confidential. DP is free to use any idea, concept, or invention created by You and transmitted to it via this Site notwithstanding any limiting language You may use when transmitting such information. If You do not want DP to use your idea unless it pays You a fee, or agrees to other terms, do not transmit it to DP via this Site.

6. Privacy
DP takes your privacy seriously. Your use of the Site constitutes the acceptance of DP's Privacy Policy, which is incorporated by reference into these Terms. Please read our privacy policy [LINK], which explains how we handle personal data collected by the Firm, if any, via this Site. Note that any third party Web sites linked to this Site have their own privacy policies, which may or may not differ from DP's privacy policy. You are responsible for reviewing the privacy policies of these sites to determine if these privacy policies are acceptable to You. DP reserves the right to change its privacy policy without prior notice. You are responsible for periodically reviewing our privacy policy. Your continued use of the Site will be deemed an acceptance of the privacy policy then in effect.

7. Links to Third Party Sites
This Site may contain links to other Web sites or frame information from other Web sites that are not under the control of DP. DP is providing these links and/or frames to You only as a convenience. DP MAKES NO ENDORSEMENTS, WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER REGARDING THOSE SITES, INCLUDING THE PRODUCTS, SOFTWARE, MATERIALS, SERVICES, CONTENT OR ACCURACY OR APPROPRIATENESS OF CONTENT ON SUCH LINKED WEB SITES. YOUR DECISION TO ACCESS ANY SUCH OTHER WEB SITES SHALL BE ENTIRELY AT YOUR OWN RISK AND DISCRETION. IN PARTICULAR, PLEASE NOTE THAT THE POLICIES OF OTHER SITES LINKED TO THE DPKS SITE MAY BE MATERIALLY DIFFERENT THAN OUR TERMS, ESPECIALLY WITH RESPECT TO THE USE AND COLLECTION OF PERSONAL INFORMATION AND WITH RESPECT TO THE USE OF PROPRIETARY INFORMATION POSTED ON THAT SITE. No permission is hereby granted to You to link from any other Web site to any portion of this Site, or to frame any content contained on this Site without DP's prior written permission.

8. Intended Audience; Local Laws; Dispute Resolution
This Site and the services described on this Site are intended for adult individuals only. DP does not target children under the age of 18 and does not seek to collect any personally identifiable information about children under the age of 18. We encourage and support the efforts of parents and legal guardians of children to monitor their children's internet usage and to caution them against providing personally identifiable information to any Web site over the Internet without permission.

The Site (excluding any linked Web site) is controlled by DP from its offices within the State of New Jersey, United States. By accessing this Site, You agree that all matters relating to access to, or use of, this Site or any other linked Web site, shall be governed by the laws of the State of New Jersey and the laws of the United States of America, without regard to the conflicts of laws principles. You also agree, and by using this Site hereby submit, to the exclusive personal jurisdiction and venue of the courts of the State of New Jersey relating to any dispute arising out of your use of the Site.

Your use of this Site is void where prohibited by laws in jurisdictions to which You are otherwise subject, and You agree that You shall not visit or use this Site in any such circumstances. You agree and acknowledge that your use of this Site, and all transactions occurring in connection with this Site, shall be deemed to have occurred and taken place solely in the State of New Jersey, United States.

9. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

10. Miscellaneous
If you discover a link on the Site that is not active or other information that You believe is out-of-date, we invite you to submit this information to us webmaster@daypitney.com.

If DP, in its sole discretion, determines that a violation of the Terms has occurred, DP may pursue any of its legal remedies. However, the failure of DP to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

In the event that any provision of these Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

The section titles in these Terms are for convenience only and have no legal or contractual effect.

DP is committed to providing the best possible experience for users of our Site. If You observe material or behavior that may violate one of the Terms, including without limitation material that You believe may be infringing another's rights, please contact Webmaster, Day Pitney LLP, PO Box 1945, Morristown, New Jersey 07962-1945 or by emailing webmaster@daypitney.com

Copyright 2013 Day Pitney LLP