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Our Terms of Use

Last updated: March 23, 2020

 

BY USING THE WEBSITE YOU AGREE TO THESE TERMS OF USE AND THE PRIVACY POLICY.  PLEASE READ BOTH THOROUGHLY.

 

ISHIMBAYEV LAW FIRM, P.C. (“ILF”) operates https://www.ishimbayev.com (the “Website”). Please carefully read these Terms of Use (the "Terms") and the Privacy Policy (the “Privacy Policy”), which apply to Your use of the Website. When you use the Website, you agree to all of the Terms listed below, our Privacy Policy, which is incorporated here by reference, and any other policies and rules that we create.   Please read them carefully. Also check these Terms of Use periodically because ILF updates them from time to time. All updates become effective when posted.

 

General

The Website provides general information, not legal advice. Use of the Website does not make you ILF’s client. The purpose of the Website is to provide general information about ILF, its attorneys and the areas of law in which ILF attorneys practice.  Use of the Website does not create an attorney-client relationship or other fiduciary relationship with ILF. Further, any communications sent to ILF through the Website are not confidential and do not create an attorney-client privilege. ILF provides legal advice only to clients with which it has entered into an attorney-client relationship as evidenced in an engagement letter indicating agreement by both ILF and the individual to engage in the relationship.

 

We do not warrant nor guarantee that the information on the Website or provided by ILF is accurate or up-to-date. We do not warrant or guarantee any results based on your use of the Website. When you use the Website, you do so at your own risk.

 

The Website does not and cannot:

  • give you advice, opinions, or recommendations about your rights or your case;

  • apply the law to the facts of your case;

  • represent or protect you or your interests.

 

By using the Website, you agree that:

  • if you decide to rely on information received from the Website, you do so at your own risk;

  • you do not have the right to make a claim that you were harmed because you used the Website;

  • your use of the Website does not create any attorney-client relationship or any other fiduciary relationship between you and ILF, and

  • you will use the Website in accordance with the laws of the jurisdiction where you are located.

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Who May Use The Website

To use any part of the Website, you must be:

  • 13 or older, and

  • legally able to agree to the terms of using the Website or use the Website with a guardian or other representative who is able to legally agree to the terms of using the Website.

 

You may use the Website if you:

  • do not use any of its content for commercial purpose,

  • credit ILF as the source of any information from the Website, either by copyright or attribution, and

  • consent to having any information you provide to ILF, including personal information, transferred to and processed in the United States.

 

Not for Commercial Use

You may not use the content published on the Website for any commercial purpose.  Unless ILF gives you its written permission, you may not reproduce, copy, change, publish, display, distribute any part of the Website, except as allowed herein.

 

No Illegal Activity

ILF may investigate complaints and reported violations of the Terms. If we suspect illegal or inappropriate activity, we may report it to law enforcement officials, regulators, or other parties. We may disclose user information of anyone or any entity involved in that activity to the extent necessary, including, but not limited to: user profiles, e-mail addresses, usage history, submitted or uploaded materials, IP addresses, and traffic information. If possible, we will take reasonable steps to minimize the disclosure of confidential information of users who are not the target of the investigations, such as by redacting confidential information.

 

You must not use the Website in any way that would be considered illegal under the laws of any state, federal or international law that applies to your use of the Website.

 

Do not use the Website to:

  • upload content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of someone’s privacy, hateful, or racially, ethnically objectionable, or wrongful in some other way;

  • harm a child in any way;

  • misrepresent your affiliation with a person or agency or impersonate a person or agency, including ILF or its staff;

  • upload content that you do not have a right to transmit, including information from fiduciary relationships, such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;

  • upload content that infringes, misappropriates, or in any way violates a party’s patent, trademark, trade secret, copyright or other proprietary rights;

  • stalk or harass someone; or

  • use any function of the Website to collect or store personal data about other users unless ILF and the user(s) have authorized you to do so.

 

ILF’s Ownership Rights

The Website is protected by trademarks and other proprietary rights and laws. ILF alone owns its copyrights to the Website’ layout, graphics, navigation design, source code, the collective and compiled copyrights in its databases, and all other content created by ILF employees, contractors, consultants, and contributors to the Website.

 

You may not use or alter any of the information or content on the Website in any way, except that you may use the Website and print copies of it for personal, non-commercial use. Any print-outs from the Website must retain all copyright, trademark and other proprietary notices.

 

You may not use ILF’s trademarks, service marks, or trade dress in any way, including in: 

  • services or products not owned by ILF,

  • a way that causes confusion or implies that ILF sponsors, endorses, or is connected to your own activities, products, or services,

  • hidden or embedded text in web pages, or

  • a way that is critical of ILF or the Website.

 

Follow ILF's Rules

To use the Website you must follow the Terms unless you get ILF’s express written permission to do otherwise.

 

Do not:

  • interfere with the Website or the servers and networks connected to the Website; or

  • disobey any requirement, procedure, policy or regulation of a network connected to the Website.

 

You must not use any part of the Website, its content, or its underlying programs to:

  • decompile, extract or disassemble our source code;

  • copy, change, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes any part of the Website, its content or its software, except as allowed by other terms of this agreement;

  • rent, lease, loan, sell, sublicense, or create derivative works from the Website, except as allowed by the terms of this agreement;

  • use software or other method to monitor or copy our Website;

  • determine the Website architecture or extract information about usage, users, or their identities; or

  • use, export, or re-export any part of the Website or its content in violation of U.S. export control laws.

 

You must not use any material owned by ILF or licensed to ILF by a third party for any use, especially not for any commercial use. This includes:

  • text, forms, documents, images, graphics, logos, or button icons,

  • any other material or information you get from an ILF’s contributors,

  • other content or copyright material owned by ILF or an ILF contributor, and

  • any ILF trademark, service mark, or logo.

 

Links

The Website may list links to other websites. We do this for your convenience only. When you click on a link to other websites, you leave the Website. Those links are not a recommendation or approval of those websites or their owners.  Such third-party website, even if cobranded with ILF’s logo, are not under ILF’s control. We are not responsible for those websites, the information, services or products they may offer, or any loss or damage you may have at those websites.

You may not link to ILF’s Website from another website for commercial purposes. Any links to ILF’s Website from other website do not imply any affiliation between ILF and those other websites.

 

Limited Liability

ILF PROVIDES ALL CONTENT ON THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ILF DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.  THESE WARRANTIES INCLUDE, BUT ARE NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 

 

BY YOUR USE OF THE WEBSITE, YOU AGREE TO WAIVE ANY AND ALL CLAIMS RELATING TO THE USE OF THE WEBSITE OR ITS CONTENT, WHETHER SUCH CLAIMS ARE AGAINST ILF OR ANY OTHER PERSON WHO HAS SUPPLIED CONTENT TO THE WEBSITE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL ILF OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION FROM, YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THE WEBSITE. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, THE SOLE OBLIGATION OF ILF OR ANY OTHER PERSON WHO HAS SUPPLIED CONTENT TO THE WEBSITE TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.  NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE EVENT UNDERLYING THE CAUSE OF ACTION HAS OCCURRED.  THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THESE TERMS AND YOUR USE OF THE WEBSITE.  IN JURISDICTIONS THAT RESTRICT LIMITATION OF LIABILITY PROVISIONS, ILF’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.  THE FEES (OR LACK THEREOF) CHARGED FOR ACCESS TO THE WEBSITE OR THE SERVICES AVAILABLE THROUGH THE WEBSITE HAVE BEEN CALCULATED BASED ON THESE LIMITATIONS.

 

Governing Law

These Terms will be governed by and construed in accordance with the laws of New York, without regard to its conflict of laws provisions.  You consent to the jurisdiction of the federal courts located within the District of New York and waive all objections to such jurisdiction and venue.

 

Indemnification

You agree to indemnify and hold harmless ILF and any third party providing content to the Website, from any and all claims, losses, expenses, damages and costs, including but not limited to reasonable attorneys' fees, arising as a result of your use of the Website.

 

Enforcing ILF's Rights

When you use the Website, you agree that any use that violates these Terms may cause irreparable injury to ILF. If you do not follow these terms, you agree that ILF will:

  • Have the right to non-monetary relief, including a court order requiring you to stop or to perform any relief a court may impose, and

  • Not have to post any bond or other security.

 

Third Party Rights

ILF and any contributor or other third party submitting materials to the Website have the right to enforce this agreement’s provisions with regard to Disclaimer, Liability, and Indemnification against you on its own behalf.

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Severability

If any part of these Terms is found invalid or unenforceable, ILF and you agree that:

  • All other parts of this agreement are valid,

  • The intended meaning of the invalidated part will be replaced with language that closely matches ILF’s original intent, and

  • This agreement remains valid.

 

Even if a term of this agreement goes unenforced, ILF does not waive any part of this agreement, unless it does so in writing.

 

Notification of Alleged Copyright Infringement

ILF reserves the right to remove any content that allegedly infringes a third party's copyright or otherwise violates the rights of any third party, or for any reason whatsoever, and to prohibit further use of the Website by the individuals responsible for said infringement or violation. ILF also reserves the right to pursue any party that submits an erroneous declaration. If you believe that any content appears on the Website in violation of your copyright or other proprietary rights, you should send a notice to ILF by first-class mail, return receipt requested, at the following address: 1 World Trade Center, Suite 8500, New York, NY 10007, Attn: Privacy Officer, which should include:

  • identification of the copyrighted work claimed to have been infringed;

  • identification of the material that is claimed to be infringing or to be the subject of infringing activity; include information reasonably sufficient to permit ILF to locate the material;

  • information reasonably sufficient to permit ILF to contact you, such as an address, telephone number, and, if available, an e-mail address;

  • the signature of the complaining party;

  • the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law;"

  • the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

 

Integration

The version of these Terms, currently available on the Website, incorporating by reference any supplemental rules, terms or policies posted on the Website, constitutes the complete statement of the agreement between you and ILF for your use of the Website.

 

Modification to Terms of Use

Updated versions of the Terms of Use will appear on the Website and are effective immediately. Your continued use of the Website after any update constitutes your agreement to be bound by the updated Terms of Use. You are responsible for regularly reviewing the Terms of Use.

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