Terms of Use and Privacy Policy

Terms of Use

Overview

Welcome to the www.businesslawmw.com website and Web 2.0 Law Blog (the “Site”). The following, along with the Privacy Policy below, are terms of a legal agreement (the “Terms”) between you and the Law Office of Kelcey Patrick-Ferree (the “Law Office”). By accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use the Site.

The material provided on the Site is protected by law, including, but not limited to, United States Copyright law and international treaties. The Law Office makes no representations as to the appropriateness of the materials for access from other locations. Access to these materials from territories where their contents are illegal is prohibited; if you choose to access these materials from such a territory, you are responsible for compliance with local laws and regulations.

The Site is attorney advertising material. Any information provided on the Site is for informational purposes only and does not constitute legal advice, nor should it be relied upon in lieu of the advice of an attorney. Your specific situation will often contain nuances that cannot be addressed by basic information of the sort provided on the Site. Nothing on the Site creates an attorney-client relationship between you and the Law Office or its attorney(s). There is no attorney-client relationship until you have signed an engagement agreement with the Law Office.

The Law Office may at any time revise these Terms of Use, the Terms, and any other information contained in the Site by updating this posting or other Terms. If the Law Office makes such revisions, you will be notified via a notation that the Terms of Use or other Terms are new next to the link to the relevant Terms. A notice of the last date of revision will always appear at the bottom of these Terms of Use. Your continued use of the Site constitutes your consent to any updates to the Terms.

These Terms may be superseded by a written agreement between you and the Law Office signed by both parties.

Permissible Use

The Site and all content on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, mirrored, framed, or otherwise used or displayed, or used for the creation of derivative works, without the Law Office’s prior written consent, except that the Law Office grants you a non-exclusive, non-transferable, limited and revocable permission to access and display the Web pages within the Site, for your personal, non-commercial (unless you have a business relationship with the Law Office) use of the Site. The Law Office further grants you a limited, nonexclusive and revocable right to create a hyperlink to the Site, including using websites that provide a preview or thumbnail automatically with such hyperlink, so long as the link does not portray the Law Office, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter. These permissions are conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth on the Site.

You may not use the Site in a manner that violates any local, state, national, foreign or international statute. You may not interfere with the functioning of the Site or with other users’ use of the Site in any way, including but not limited to modification of the Site; attempting to gain access to unauthorized portions of the website; enabling high volume, automated, electronic processes that apply to the Site or its systems, the content of the Site or any portion or derivative thereof; or attempting to gain access to other accounts, computer systems or networks connected to the Site, whether through hacking, password mining, or any other means. You may not use the Law Office of Kelcey Patrick-Ferree name, the Web 2.0 Law Blog name, or any of the Law Office’s trademarks, services marks or logos in any meta tags or any other “hidden text”; use data mining, robots, spiders, crawlers, scrapers or similar automated or non-automated data gathering or extraction methods; or compile, repackage, disseminate or otherwise use data extracted from the Site.

The Site is not meant for use by minors. If you are a legal minor in your jurisdiction, please do not use the Site, or access the Site only under the supervision of a parent or legal guardian.  Furthermore, the Site does not knowingly solicit or collect information about children under the age of 13. Should the Law Office learn that it has inadvertently collected information about a child under the age of 13, it will delete that information as soon as possible.

Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, the Law Office does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.

Disclaimers Regarding Content

Although the Law Office endeavours to keep all information on both the Site and the Web 2.0 Law Blog current and correct, information on the Site is not promised or guaranteed to be correct, current, or complete, and the Site may contain inaccuracies or typographical errors. The Law Office assumes no responsibility (and expressly disclaims responsibility) for updating the Site to keep information current or to ensure the accuracy or completeness of any posted information. If you believe any information on the Site is inaccurate or incomplete, please let the Law Office know by sending an email.

The Law Office provides no assurances that any reported problems will be resolved, even if the Law Office elects to provide information with the goal of addressing a problem.

Confidential Information and Submissions

The Site does not collect confidential information from you, except to the extent that you submit it via email or comments on the Web 2.0 Law Blog. Information sent to the Law Office via e-mail as part of the exploration of forming an attorney-client relationship, or by a client of the Law Office, will be treated according to the confidentiality obligations of attorney ethics rules. Information submitted for purposes unrelated to representation by the Law Office by non-clients (a “Submission”), however, will be deemed not to be confidential. By sending the Law Office any Submission, you grant the Law Office an unrestricted, irrevocable and fully paid-up license to use, copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, the Submission. You also agree that the Law Office is free to use any ideas, concepts, know-how, or techniques in a Submission, without compensation of any sort.

Comment Policy

You may choose to submit a comment to the Web 2.0 Law Blog (a “Comment”). The Law Office reserves the right, but does not take the responsibility, to moderate all Comments, and may remove any Comment at any time for violation of these Terms in its sole discretion. By submitting any Comment to the Site, you:

  1. Agree to grant to the Law Office an irrevocable, perpetual, worldwide, royalty-free, fully sublicenseable, non-exclusive license to use, modify, delete from, add to, create derivative works of, publicly perform, publicly display, reproduce and distribute such Comment for any reason, including but not limited to advertising and promoting the Site and the Law Office (including, for example, through screen shots and blogs) and/or our products and services in any format and through any channel now existing or created in the future.
  2. Waive any applicable moral rights in your Comment.
  3. Represent and warrant that you are the sole owner and author of the Comment, or that you are otherwise authorized to submit the Comment and give the license granted in paragraph 1 above.
  4. Represent and warrant that the Law Office’s publication of the Comment does not violate any intellectual property rights, publicity rights, privacy rights, contractual rights, or other rights of any person or entity, and that the information contained in the Comment is accurate to the best of your knowledge.

No Comment may contain any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic or sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. No Comment may contain the personal information of any third party, including but not limited to home address, personal email address, or home telephone number, if not a matter of public record; or any Social Security numbers, other government-issued identifying numbers, or financial account numbers whatsoever. No Comment may contain spam, viruses, Trojans, worms, or other harmful content designed to damage the Site or the computer or other internet access device of other visitors to the Site.

Outside Websites

The Site may provide links or references to other websites and resources. The Law Office does not own or control these third-party websites, and these Terms of Use do not apply to them. The Law Office makes no representations, warranties, or other commitments whatsoever about any third-party websites resources that may be referenced, accessible from, or linked to the Site. A link to a third-party website does not mean that the Law Office endorses the content or use of such website or its owner. In addition, the Law Office is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from the Site. Accordingly, you acknowledge and agree that the Law Office is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

When you access a third party website, even one that may contain the Law Office name or logo, or the Web 2.0 Law name or logo, please understand that it is independent from the Law Office, and that the Law Office does not control the content on that website. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

Intellectual Property

The information and other intellectual property featured on the Site are produced, distributed and owned by the Law Office. You acknowledge that this content is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. The Law Office owns a copyright in the selection, coordination, arrangement, and enhancement of such intellectual property. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any the Law Office intellectual property, in whole or in part.

The Binary Logo and the Web 2.0 Law name are trademarks of the Law Office. These, along with any other trademarks, service marks and logos used and displayed on the Site are registered and unregistered trademarks of the Law Office. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Site, without the prior written permission of the Law Office. The Law Office aggressively enforces its intellectual property rights to the fullest extent of the law. Fair use of the Law Office’s trademarks requires proper acknowledgment. Other product and company names mentioned in the Site, if any, may be the trademarks of their respective owners.

DISCLAIMER OF WARRANTY

USE OF THE SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, SERVICES AND PRODUCTS ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. THE LAW OFFICE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, THE LAW OFFICE MAKES NO WARRANTY OR GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED, CORRECT, COMPLETE, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.

YOU UNDERSTAND AND AGREE THAT IF YOU OBTAIN MATERIALS, INFORMATION, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL THE LAW OFFICE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE SITE OR ANY USE OF THE SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF THE LAW OFFICE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Disputes

You agree that these Terms of Use and your use of the Site are governed by the laws of the State of Iowa, without regard to conflict of law principles. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Johnson County, Iowa, in all disputes arising out of, relating to, or concerning the Site and/or these Terms of Use. Use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. The Law Office has endeavored to comply with all legal requirements known to it in creating and maintaining the Site, but makes no representation that materials on the Site are appropriate or available for use in any particular jurisdiction. Use of the Site is unauthorized in any jurisdiction where all or any portion of the Site may violate any legal requirements, and you agree not to access the Site in any such jurisdiction. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

Last revised: November 15, 2015.

 

 

Privacy Policy

Overview

Welcome to www.businesslawmw.com and the Web 2.0 Law Blog (the “Site”). The Law Office of Kelcey Patrick-Ferree (the “Law Office”) is committed to maintaining the privacy and security of your personal information. “Personal Information” means information that identifies you personally, including your name, physical address, e-mail address, phone number, or credit card information. As part of our commitment to the privacy and security of your Personal information, the Law Office has developed this Privacy Policy to make you aware of our information gathering practices and how we use the information we receive.

By using the Site, you signify your agreement to the terms of this privacy policy (the “Privacy Policy”). If you do not agree to this Privacy Policy, please do not use the Site. The Law Office reserves the right, in its sole discretion, to modify, alter or otherwise update this Privacy Policy at any time. You will be notified of changes to the Privacy Policy via a notation next to the link to the Privacy Policy from the main page of the Site stating that the Privacy Policy is new and the date on which it was updated. The last date on which the Privacy Policy was updated will always appear at the bottom of the Privacy Policy. By continuing to use this Site after changes to the Privacy Policy are posted, you agree to these modifications, alterations and/or updates.

Please also review the Terms and Conditions of Use of this Site, above, to which the Privacy Policy forms a part. If you are a client or prospective client of the Law Office, this Privacy Policy does not apply to you to the extent that it conflicts with any attorney ethics rules.

Gathering and Use of Information You Provide to Us

You can visit and browse this Site without telling us who you are or revealing any Personal Information. If you choose only to look at the Site and do not wish to contact the Law Office or comment on the Web 2.0 Law Blog, you need not provide any Personal Information.

If you choose to send an e-mail to the Law Office, we will have your e-mail address and may use it to send you information or newsletters. If you choose to enter into an attorney-client relationship with the Law Office, that relationship is not governed by this Privacy Policy. If you choose to comment on a blog post in the Web 2.0 Law Blog, we will collect your name and email address from you. We will use this information to post your comment and to send you any follow-up information you request in the posting process, such as notification of subsequent posts.

Gathering and Use of Information Automatically Collected

When you visit this Site, our Web servers collect some information automatically, such as your Internet protocol address, the identity of your Internet Service Provider, your operating system, how you found the Site, and the time and date of your visit. This information is not linked to Personal Information. This information is used to compile aggregate statistics about how visitors find and use the Site. By collecting this information, we get a better understanding of visitor preferences so we can continually improve your online experience with us. The Site uses Google Analytics to collect aggregate statistics about how visitors find and use the Site. If you wish to opt out of Google Analytics, you may do so by clicking here.

The Site uses a third-party hosting service, NameCheap. For more information about what information NameCheap may collect about your use of the Site, please refer to the NameCheap website, www.namecheap.com.

Unsolicited Information

If you choose to use a comment on a Web 2.0 Law Blog post to send us any information, you understand that you are choosing to publicly disclose that information, and we are not responsible for keeping that information private, regardless of your status as a client or potential client of the Law Office. Please see our Terms and Conditions of Use for further information about our policies regarding unsolicited information.

Disclosure of Information We Collect

The Law Office will disclose Personal Information 1) in accordance with this Privacy Policy; 2) in order to comply in the event that law requires a disclosure of information submitted to our Site, including when required by a warrant, subpoena or court order (though bear in mind that information may be subject to the attorney-client privilege); or 3) when we believe in good faith that disclosure is necessary to prevent harm or injury, such as in the event of product recalls, fraud, claims or other liability. The Law Office does not sell, trade, or rent your personal information to outside parties. The Law Office may share statistical information about our users, traffic patterns, and related Site information, in aggregate form, with third-party affiliates and vendors, but these statistics will include no Personal Information.

Your Choices Regarding Your Personal Information

If you do not wish to receive information and promotional material from the Law Office, you may notify us by sending an email. If you already receive e-mail or direct mail communications from us and no longer wish to receive such communications, please contact us to be removed from our e-mailing and direct mailing lists.

External Links

We do not endorse and are not responsible for the information practices or privacy policies of websites operated by others that may be linked to or from this Site. If you decide to access a third party’s website that may be linked to or from this Site, you should consult that website’s privacy policy.

Business Transition

The information covered by this Privacy Policy is an asset of the Law Office and will become part of our normal business records. If The Law Office or a substantial part of our business is sold or otherwise transferred to a third party, such as a legal successor in interest, your information may be transferred to that third party.

Updating Your Information

If any of the Personal Information you submitted to our Site is inaccurate or outdated or otherwise needs to be changed, please contact us and we will use reasonable efforts in our control to revise that information.

How We Secure Your Information

This Site has standard measures in place to protect against the loss, misuse and alteration of the information under our control. Personal Information you submit to the Site is stored for us by NameCheap. For more information on NameCheap’s information security practices, visit www.namecheap.com. This Privacy Policy does not govern Personal Information you submit to the Law Office via e-mail. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, you acknowledge that: 1) there are privacy and security risks to the Internet which are beyond our control; 2) the security, integrity and privacy of any and all information exchanged between you and us through the Site cannot be guaranteed; and 3) any information or data my be viewed or tampered with by a third party while in transit.

These measures standing alone are not sufficient to ensure the security of your Personal Information. It is also important for you to guard against unauthorized access to your passwords and unauthorized use of your computer.

Children

Protecting the privacy of children is very important to us. For that reason, our Site does not intentionally solicit, collect and/or maintain personally identifiable information from users under age 13. If you are under the age of 13, we ask that you do not submit any Personal Information to us and use this Site only under the supervision of a parent or guardian. If you are a parent or guardian and you believe your child has submitted Personal Information to us, please contact us, and we will delete your child’s Personal Information from our records.

Web 2.0 Law Blog Comments

Please be aware that when Personal Information is voluntarily disclosed in public areas of this Site, such as the Web 2.0 Law Blog comment section, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond our control and this Policy does not apply to such information. Any submissions to public areas on this site are accepted with the understanding that they are accessible to all third parties, and this Privacy Policy does not apply to such submissions. If you do not want your comments to be viewed by third parties, you are advised not to make any such submissions. Please be careful and responsible whenever you are online.

Applicable Law

This Privacy Policy shall be governed by, and construed and enforced in accordance with, the laws of the State of Iowa, without giving effect to any principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Privacy Policy or your use of this Site shall be filed only in the state or federal courts located in the State of Iowa, Johnson County, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Questions

If you have any questions regarding this Privacy Policy, please contact us.

Last Updated: November 15, 2015.