The terms of use below and the privacy policy (that you may access here) apply to all users of this website. Please read each document carefully before using this website. By accessing or using this website, including all information, products or services provided on this website, you agree to comply with and be bound by the terms of use and you consent to the privacy policy, each without modification, and acknowledge reading the terms of use and the privacy policy. If you do not agree to be bound by the terms of use or do not consent to the privacy policy, you may not access or use this website for any purpose.
Thank you for visiting the website of TKA Law Firm PLLC (“TKA Law”, “we”, “our” or “us”).
REQUIRED AGE
By accessing or using this website, you represent and affirm that you (1) are, at least, 18 years of age, an emancipated minor, or have requisite legal capacity or parental or guardian consent; (2) are fully able and competent to understand and enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms of use and the privacy policy; and (3) agree to comply with these terms of use and the privacy policy. In any event, you acknowledge and agree that this website is not intended for children under the age of 13 and you represent and affirm that you are above the age of 13. Please do not access or use this website if you are under the age of 13 and talk to your parents or guardians about websites that you can use.
NO ATTORNEY-CLIENT RELATIONSHIP
While this website is owned by a law firm, you acknowledge and agree that you are not entering into an attorney-client relationship by accessing, using or purchasing any of the information, products or services contained on this website. An attorney-client relationship will only be formed when an engagement letter is executed between you and TKA Law. All information, products and services on this website are for informational or educational purposes only and do not, and are not intended to, constitute legal advice and may not reflect the opinions of TKA Law, our attorneys or our clients. You should consult a licensed attorney in your jurisdiction for advice regarding your individual situation.
DISCLAIMER
The decision to hire an attorney is important and should not be based solely upon advertisements. We do not make any representation that the quality of legal services to be performed by us is greater than the quality of legal services performed by other attorneys. Prior results do not guarantee similar outcomes.
LEGAL REPRESENTATION
If you would like to request TKA Law to provide you legal representation, please contact us via this website, email or phone so that we can determine if we are able and willing to accept professional responsibility for your matter. Our email address(es) and telephone number(s) may be found on this website. You acknowledge and agree that information submitted on this website, by email, phone or otherwise is not privileged or confidential. We reserve the right to decline any representation and may be required to decline representation where such representation would create a conflict of interest with any of our current or former clients.
INFORMATION YOU PROVIDE
You agree that any personal information you provide when using this website will be true, current, accurate and complete and that you will update all personal information promptly and as necessary.
FEEDBACK
If, at our request, you send certain submissions (including surveys or contest entries) or, without our request, you send ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (collectively, “feedback”), you hereby grant us a non-exclusive, worldwide, royalty-free, sub-licensable, transferable and perpetual license to any such feedback; you agree that we may, at any time and without restriction, edit, modify, adapt, reproduce, copy, publish, distribute, sub-license, transmit, translate or otherwise use in any medium such feedback; and you grant us the right to use your name in connection with any advertising, promotional or marketing materials related to such feedback. We are not, and shall not be, under any obligation to maintain any feedback in confidence, pay compensation for any feedback or respond to any feedback.
We may, but are not obligated to, monitor, edit or remove content that we determine, in our sole discretion, is unlawful, harassing, offensive, threatening, tortious, libelous, defamatory, profane, pornographic, obscene, invasive of another’s privacy or otherwise objectionable or violates any party’s intellectual property rights or these terms of use. We are not responsible, and assume no liability, for any feedback posted by you or any third party.
You acknowledge and agree that:
- Your feedback will not violate the rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights.
- Your feedback will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could impact the operation of this website or a related website or the delivery of any product or service.
- You will not pretend to be someone, use a fake or false email address or mislead us or third parties regarding the source of any feedback.
- You are solely responsible for any feedback you provide, including the accuracy of such feedback.
CHANGES TO PRODUCTS OR SERVICES
We aim to be as accurate as possible in describing products and services but may, in our sole discretion, correct errors in the price or description of products or services. We reserve the right to refuse or cancel, in our sole discretion, any order placed with incorrect price information or an incorrect description.
PURCHASES
You acknowledge and agree that the purchase of any product or service is non-refundable. All sales are final.
INTELLECTUAL PROPERTY
You acknowledge and agree that this website, including but not limited to the products or services offered on this website, business names, logos, graphics, designs, video files, audio files, text and the user interface contained on this website, contains intellectual property, including but not limited to trademarks, copyrights and other proprietary information, that is owned by TKA Law or its licensors and is protected by applicable intellectual property and other laws. You acknowledge and agree that you will not copy, reproduce, publish, modify, alter, create derivative works of, display, distribute or otherwise exploit such intellectual property, or any portion thereof, without prior and express written consent. If you believe that any content on this website infringes another party’s rights, please contact us here immediately.
INTERNATIONAL USE
You agree to comply with all laws of the jurisdiction from which you access or use this website, including without limitation laws regarding data, privacy, email, the internet and copyright and trademark infringement.
STOCK PHOTOGRAPHY
Free stock photography may appear on this website. All images used have an irrevocable, non-exclusive copyright license to download, copy, modify, distribute and use the photos free of charge, including for commercial purposes, without permission from, or giving attribution to, the photographer. Images of people used on this website may be actor portrayals and not depictions of attorneys or clients.
THIRD-PARTY LINKS
This website may contain links to third-party websites. These terms of use and the privacy policy only address this website and our products and services, and we are not responsible for, nor do we endorse or make guarantees as to the quality of, the use, products, services or contents of such third-party websites. Such third-party websites have separate and unrelated terms of use and privacy policies that we encourage you to read. TKA Law is not responsible, and assumes no liability, for the terms of use, privacy policies or practices of such third parties.
NO WARRANTIES; LIMITATION ON LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE, INFORMATION, PRODUCTS OR SERVICES IS AT YOUR SOLE RISK. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY, ACCURACY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR SECURITY OF ANY INFORMATION, PRODUCT, SERVICE OR OTHER MATERIAL OBTAINED BY YOU, INCLUDING WHETHER SUCH INFORMATION, PRODUCT, SERVICE OR MATERIAL WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN SUCH INFORMATION, PRODUCT, SERVICE OR MATERIAL WILL BE CORRECTED. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE ACCESSING THE INFORMATION, PRODUCTS OR SERVICES “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DISABILITY, TITLE AND NON-INFRINGEMENT.
WE ARE NOT RESPONSIBLE, AND ASSUME NO LIABILITY, IF INFORMATION MADE AVAILABLE ON THIS WEBSITE IS NOT ACCURATE, COMPLETE OR CURRENT. THE INFORMATION ON THIS WEBSITE IS PROVIDED FOR GENERAL INFORMATION AND EDUCATION ONLY AND SHOULD NOT BE RELIED UPON OR USED AS THE SOLE BASIS FOR MAKING DECISIONS, ACTING OR FAILING TO ACT WITHOUT CONSULTING PRIMARY, MORE ACCURATE, COMPLETE OR TIMELY SOURCES OF INFORMATION, INCLUDING A LICENSED ATTORNEY IN YOUR JURISDICTION. ANY RELIANCE ON THE INFORMATION ON THIS WEBSITE IS AT YOUR OWN RISK.
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE OF ERRORS. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THIS WEBSITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS WEBSITE WILL BE FREE OF ANY HARMFUL COMPONENTS, INCLUDING VIRUSES.
TKA LAW, ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, PARTNERS, MEMBERS, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, SUBCONTRACTORS OR LICENSORS SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR EXPENSE OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF DATA, LOSS OF USE, LOSS CAUSED BY A VIRUS, REPLACEMENT COSTS, CLAIMS OF THIRD PARTIES OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, DELICT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING FROM YOUR USE OF THIS WEBSITE OR ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED BY USING THIS WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THIS WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THIS WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION. WHERE A JURISDICTION DOES NOT ALLOW EXCLUDING OR LIMITING LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
CERTAIN JURISDICTIONS DO NOT PERMIT LIMITING IMPLIED WARRANTIES OR EXCLUDING OR LIMITING CERTAIN DAMAGES. IF THE LAWS OF SUCH JURISDICTIONS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to indemnify, defend and hold TKA Law and our subsidiaries, affiliates, partners, members, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (our “team”) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these terms of use or your violation of any law or the rights of a third party. You also agree to indemnify and hold us and our team harmless from any losses, including legal fees and expenses, that directly or indirectly result from any claims you make that are not allowed under these terms of use due to a “Limitation of Liability” or other provision. (To indemnify means you agree to compensate someone for a loss.)
TERMINATION
These terms of use shall be effective unless and until terminated by either you or us. You may terminate these terms of use at any time by ceasing use of this website or by notifying us that you no longer wish to use our products or services. If at any time, as determined in our sole discretion, you fail, or we suspect that you have failed, to comply with any of these terms of use or the privacy policy, we reserve the right to immediately deny access to this website and our products or services, without refund, and terminate this agreement without notice. You will remain liable for all amounts due up to and including the date of the termination of these terms of use.
WAIVER
TKA Law’s waiver of any of these terms of use shall not be deemed, nor shall it constitute, a waiver of any other term, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless made in writing and executed by an authorized representative of TKA Law.
SEVERABILITY
If any of these terms of use, or a portion thereof, is determined by a court of competent jurisdiction to be unlawful, void or unenforceable, the enforceable portion of such term, if applicable, shall be enforceable to the fullest extent permitted by applicable law, the unenforceable term, or unenforceable portion of a term, shall be deemed to be severed from these terms of use and such severance shall not affect the validity and enforceability of any remaining terms.
GOVERNING LAW; JURISDICTION
These terms of use are governed by the laws of the State of New York, in the United States of America, without regard to conflicts of laws principles. You agree to submit to the exclusive jurisdiction of state and federal courts located in New York County, New York in any action or proceeding arising out of or relating to these terms of use and you agree that all claims in respect of any such action or proceeding shall be heard and determined exclusively in such New York state or, to the extent permitted by law, such federal court.
ENTIRE AGREEMENT
These terms of use, including any documents incorporated by reference, represent the entire agreement and understanding between you and TKA Law and govern your use of this website and the information, products and services provided on this website. These terms of use supersede any prior or simultaneous proposals, communications or agreements, whether oral or written, between you and us, including, without limitation, any prior versions of these terms of use. Any ambiguities in the interpretation of these terms of use shall not be construed against the drafting party.
UPDATES TO TERMS OF USE
TKA Law may change, modify or update any of these terms of use at any time without notice. We will post any such change, modification or update on this website and any change, modification or update will be effective immediately upon posting. Under certain circumstances, we may choose to notify you of, or obtain your consent to, changes, modifications or updates to these terms of use by additional means, including posting a notice on the homepage of this website or sending you an email. You are responsible for checking this website periodically for changes, modifications or updates. Your continued access or use of this website, including accessing or using the information, products or services offered on this website, after a change, modification or update to these terms of use has been posted constitutes your acceptance of such change, modification or update.
Effective June 26, 2020