READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE
DISCLAIMERS/LIMITATIONS OF LIABILITY
The information provided in this website/ blog should not be construed as or used as legal advice it is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the website/ blog publisher. The website/ blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
The Content contained on the Website has been prepared by William Nowakowski as a service to the public and is not intended to constitute legal advice. William Nowakowski does not warrant or guarantee said content its correctness, comprehensiveness, sufficiency or if it is up to date. Users of Content contained on the Website or links do so at their own risk. This website/blog may also include links to other websites. These links to other websites are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
The information provided here is for educational purposes only, in order to help inventors learn general background information before consulting a patent practitioner. It should be understood that the best course of action in any matter will depend on the specific facts pertaining to that matter, NOTHING on this website/blog can be a substitute for the advice of competent legal counsel. Consult with a professional for specific advice regarding your invention.
The content in the website is provided “as is”, “as available” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, non-infringement and fitness for a particular purpose.
William Nowakowski disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to
(a) any errors in or omissions from this site and its content, including but not limited to technical inaccuracies and typographical errors,
(b) any third party websites or content therein directly or indirectly accessed through links in this site, including but not limited to any errors in or omissions therefrom,
(c) the unavailability of this site or any portion thereof,
(d) your use of this site, or
(e) your use of any equipment or software in connection with this site
(e) for any damages associated with or between you and any lawyer or law firm, you may have found and/or secured as a result of using this site or any of its links.
A covered party (as defined below) shall not be liable for any direct, indirect, incidental, special, or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees and lost profits or savings) in any way due to, resulting from, or arising in connection with this site, including its content, regardless of any negligence of any covered party.
“Covered party,” means William Nowakowski, his affiliates, his listees, and any officer, director, employee, subcontractor, agent, successor, or assign of William Nowakowski, his affiliates, and his listees. Under no circumstances, including, but not limited to, negligence, shall William Nowakowski be liable for any special or consequential damages that result from the use of, or the inability to use, the content on the website, even if William Nowakowski or an William Nowakowski authorized representative has been advised of the possibility of such damages. In no event shall William Nowakowski’s total liability to you for all damages, losses, and causes of action whether in contract, tort and/or negligence, or otherwise exceed the amount paid by you, if any, for accessing the web site.
“Client” means anyone who establishes an attorney-client relationship with William Nowakowski as defined in the “HOW CREATE AN ATTORNEY-CLIENT RELATIONSHIP” section below.
GOVERNING LAWS IN CASE OF DISPUTE: JURISDICTION
All users, including those users who access the Web site from a country other than the U.S., agree that These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, USA, as they apply to agreements made and solely performed therein. Any Disputes arising hereunder, including those arising from William Nowakowski ‘s use of personal information or otherwise relating to privacy, shall be exclusively subject to the jurisdiction of the federal courts of the United States of America and/or the state courts of New York and jurisdiction therefor shall rest solely in New York, USA.
CHANGES TO SITE AND THESE TERMS AND CONDITIONS
From time to time and as may be prescribed by law, William Nowakowski will make changes to this Site and these Terms and Conditions with or without notice. The contents of this statement may be altered at any time, at our discretion. Please review this link on a regular basis for changes. Continued use of this Site following any change constitutes your acceptance of the change.
ENTIRE AGREEMENT; SEVERABILITY
These Terms and Conditions incorporate by reference any notices contained on this Site and constitute the entire agreement with respect to your access to and use of this Site. If any provision of these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
HOW CREATE AN ATTORNEY-CLIENT RELATIONSHIP
We are obligated to advise you that submission of any question on any of our forms on this webpage does not create an attorney-client relationship. Of course, we hope that you hire us to help you file an application for patent, trademark or copyright or other service.
An attorney-client relationship is not established with William Nowakowski UNLESS:
1. Client reads, understands and agrees to the terms of the ENGAGEMENT AGREEMENT attached to the submission form associated with services the client wishes to purchase;
2. William Nowakowski receives and acknowledges by e-mail receipt client’s disclosure of information including any drawings or description if invention; and payment of fees for services. William Nowakowski does not accept any liability whatsoever for any electronic submissions of sensitive material that does not reach our office; and
3. William Nowakowski receives client’s payment in advance for any services that we provide and disbursements including governmental filling fees and draftsmen’s fees. William Nowakowski is not responsible for payment of any governmental filing fees.
The various ENGAGEMENT AGREEMENT(s) posted on the website in association to the submission form(s) associated with the services offered the potential clients is incorporated by reference to these TERMS AND CONDITIONS/ DISCLAIMERS/LIMITATIONS OF LIABILITY.
If you wish to build a hyperlink to the Web site, you may do so provided you agree to cease such link upon request from William Nowakowski. No other use is permitted without prior written permission of William Nowakowski.
You agree to indemnify, defend and hold William Nowakowski harmless from any liability, loss, claim and expense, including reasonable attorneys fees, related to your violation or alleged violation of this Agreement or use of the Web site.
All material on William Nowakowski web site is protected by United States copyright law. No Content from the Web site may be copied, reproduced, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted, or distributed in any way; provided, however, you may download, where specifically permitted, one copy of the Content on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Copying or storing of any Content for other than personal use is expressly prohibited without prior permission from Willam Nowakowski, or the copyright holder identified in the copyright notice contained in the Content.
The publishing lawyer and law firm values the privacy of its clients and Web/blog site viewers. Any of the following personal information that may be made available to the lawyer or firm when browsing or navigating the site shall be kept confidential:
• First and last name
• Company, home, postal or other physical address
• Other contact information, for example, telephone number, fax number, email address, and other similar information
• Title or position in a company or an organization
• Personal interests
• Any other information needed to provide a service you requested
Examples of scenarios where our visitors provide their personal information include, but may not be limited, to:
• Emailing, calling or communicating with the lawyer or law firm.
• Posting a question or comment through the site.
• Requesting literature.
• Registering to attend a seminar or any event.
• Participating in an online survey.
• Requesting inclusion in an email or other mailing list.
• Submitting an entry for a contest or other promotions.
• Logging in to the site, thus requiring a user name and/or a password.
• Any other business-related reason.
The lawyer or law firm provides you the opportunity to agree or decline to give your personal information via the Internet. The lawyer or firm will inform you of the purpose for the collection and does not intend to transfer your personal information to third parties without your consent, except under the limited conditions described under the discussion entitled “Information Sharing and Disclosure” below. If you choose to provide us with your personal information, we may transfer that information, within the law firm or to a third party service provider as necessary.
Domain Information Collection
The lawyer or firm may collect domain information to enable us to analyze how our visitors use this site. This data enables us to become more familiar with which people visit our site, how often they visit, and what parts of the site they visit most often. The lawyer or firm uses this information to improve its Web-based offerings. This information is collected automatically and requires no action on your part.
Some pages on this site may use “cookies”—small files that the site places on your hard drive for identification purposes. A cookie file can contain information such as a user ID to track the pages visited, but the only personal information a cookie can contain is information you supply yourself. These files are used for site registration and customization the next time you visit us.
Information Sharing and Disclosure
Your personal information is never shared outside the lawyer or firm without your permission, except under conditions listed below:
• Consenting to share your information to a third party service provider working on our behalf to serve you.
• Requiring us to provide you with a product or service.
The lawyer or firm will also disclose your personal information, if required to do so by law, or in urgent circumstances, to protect personal safety, the public or our sites.
The lawyer or firm strives to protect your personal information; however, we urge you to take every precaution to protect your personal data when you are on the Internet. Change your passwords often, use a combination of letters
Protecting the Privacy of Children
Children under 13 years old are not the target audience for our Web site. To protect their privacy, the lawyer or firm prohibits the solicitation of personal information from these children.
Links to Third Party Sites
This site may contain links to other sites. The lawyer or firm does not share your personal information with those Web sites and is not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies.
The lawyer or firm reserves the right to change, modify or update this policy at any time without notice. Any substantial changes in the way we use your personal information will be posted on this site.