1. Introduction
We take your right to privacy seriously and want you to feel comfortable using our web site. This Privacy Policy deals with personally identifiable information (referred to as “Data” below) that may be collected by us on our site.
2. Contact Information
This is the web site of davelima.com. Our postal address is: Law Offices of David W. Lima, 30 Turnpike Road, Suite 4, Southborough, MA 01772. We can be reached via e-mail using “Contact Us” or you can reach us by telephone at (508)-485-0363.
3. Collection of Data
Providing us with information by email, or as a comment to a Blog Post is at your option. Please take note that your email address, or other submissions that you make on this site may contain your real name or other personally identifiable information. Obviously, Bog Post responses will be accessible to view by the general public. Like many web sites, we may also automatically receive general information that is contained in our server log files such as your IP address and cookie information. Aggregate information on what pages visitors or users access or visit, information volunteered by the user/visitor, such as survey information and/or site registrations are also collected.
4. Use of Data
We may use Data to customize and improve your user experience on this site. We will make efforts so that your Data will not be provided to third parties unless pursuant to legal process or law enforcement. In the event you choose to use links that appear on our site to visit other web sites, you are advised to read the privacy policies that appear on those sites.
5. Cookies
Like many web sites, we set and use cookies to enhance your user experience, such as retaining your personal settings.
6. Use of Web Site
You explicitly agree, by using this web site or any service provided, that you shall not:
a. provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
b. impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
c. collect or harvest any data about other users;
d. provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
7. No Guarantees
While this Privacy Policy states our standards for maintenance of Data and we will make efforts to meet them, we are not in a position to guarantee these standards. There may be factors beyond our control that may result in disclosure of data. As a consequence, we disclaim any warranties or representations relating to maintenance or nondisclosure of Data.
8. Acceptance of Terms of Use and Amendments
Each time you use or access this web site, you agree to be bound by these Terms of Use as may be amended from time to time with or without prior notice to you.
9. The Web Site
Our web site and its services are provided to you on an “AS IS” basis. You agree that the owners of this web site may, at any time and without prior notice to you, modify or discontinue this web site or any part thereof and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data, information or service.
10. No Lawyer-Client Relationship
We believe the information set out here to be correct at the date which it was first published. However, the information provided is not complete and should not be relied on as definitive. No warranty is given that it is free from error or omission. We accept no responsibility for any loss or damage that you may suffer as a consequence of visiting this web site. You are strongly advised to consult a professional advisor and to check the accuracy of any information that is of importance to you with another reference source. This Web Site neither gives legal advice nor creates a lawyer-client relationship. Where there is any statement of law in this web site, the purpose is strictly to give the visitor a general understanding of the law and is not specific advice.
11. Linking Obligations and Restrictions
The links from our web site to the World Wide Web provide access to information from a variety of sources. We disclaim any and all responsibility for the information which is accessible through this web site, and assume no liability associated therewith.
All links from this web site are included on the basis of good faith, and shall not be construed as a claim to any interests or rights over such links, sites, trademarks or other intellectual property rights of the rightful owners. If for any reason you are the owner of any such right and object to its inclusion in our web site, please inform us immediately.
12. Intellectual Property
You agree that all information or data of any kind, whether text, software, code, music or sound,
photographs or graphics, video or other materials (“Content”), publicly or privately provided, shall be our property unless it is otherwise stated. Mere publication of the Content on this web site shall be deemed to be “in the public domain”. Reproduction of part or all of the Content in any form is strictly prohibited. None of the content of this web site may be copied or otherwise incorporated into or stored in any other web site, electronic retrieval system, publication or other work in any form (whether hard copy, electronic or other). For the avoidance of doubt, framing of this site or any part of it is not permitted without our written permission.
13. Submission of Content By providing any Content to our web site:
a. you grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
b. you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us this license;
c. you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without prior notice to you.
14. Third Party Services
Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
15. Indemnify
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including legal costs on an indemnity basis, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of this Terms of Use or any other violation of the rights of another person or party.
16. Limitation of Liability
You expressly understand and agree that we shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible loss (even if we have been advised of the possibility of such damages), resulting from or arising out of:
a. the use of or the inability to use the service,
b. the cost to obtain substitute goods and/or services resulting from any transaction entered into on through the service,
c. unauthorized access to or alteration of your data transmissions,
d. statements or conduct of any third party on the service, or
e. any other matter relating to the service.
f. In some jurisdictions, it is not permitted to limit liability & therefore such limitations may not apply to you.
17. Reservation of Rights
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.
18. Notification of Copyright Infringement
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, contact using “Contact Us”.
19. Applicable Law
You agree that this Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with the laws of Massachusetts, without regard to its conflict of law provisions. By using this web site you consent and submit to the non-exclusive jurisdiction and venue of the courts of Massachusetts.
20. Miscellaneous Information
a. In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court of competent jurisdiction, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact;
b. The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any right of that party and that right will remain in full force and effect.