BARRETT McNAGNY LLP

WEBSITE TERMS AND CONDITIONS OF USE

Last Modified: May 22, 2020

Welcome to our website. Barrett McNagny (“Barrett,” “we” or “us”), owns and operates this website, www.barrettlaw.com  the (“Website”). By using this website, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this website.

1. Terms of Use. 

This Terms of Use specifies the Terms and Conditions for access to and use of the “Website” and describe the terms and conditions applicable to your access of and use thereof.

2. Changes to the Terms of Use.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. You can view the most recent version of these terms at any time at www.barrettlaw..com. Each use by you shall constitute and be deemed your unconditional acceptance of the Terms of Use.

3. Privacy

Your visit to our website is also governed by our Privacy Policy. Please review our Privacy Policy at [www.barrettlaw.com.com/privacy-policy].

4. Ownership and Use of Content.

(a) The Website and its entire contents, features, and functionality (including but not limited to all information, text, graphics, displays, images, user and visual interfaces, , data, video, audio, and other Barrett materials contained herein, as well as the design, structure, selection, coordination, expression, “look and feel” and arrangement thereof (herein, the “Content”),are owned by Barrett, its licensors, or other third party providers of such Content and are protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.Any copying, redistribution, uploading, posting, mirroring (to any other computer, server, website or other medium, public display), republication, transmission, sale, incorporation into derivative works, or other distribution by you of any such Content or any part of the Website is prohibited, except as expressly permitted in these Terms of Use. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website.

(b) Barrett makes no claims that this Website and its Content are appropriate or may be downloaded outside of the location in which Barrett has a physical location. Access to the Content may not be legal by certain persons or in other countries, so if you access the Website from outside Barrett’s location, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

(c) So long as you agree and comply with this Terms of Use, and unless this Terms of Use is otherwise terminated by Barrett, Barrett invites you to view and/or print a single copy of the Website and Content. You agree that you will not remove or modify any acknowledgments, credits or legal notices contained on the Website or in the Content. Special terms may apply to some services offered on the Website and may be posted in connection with the applicable service, feature or activity. Any such terms are in addition to this Terms of Use and, in the event of a conflict, any such terms shall prevail.

5. Trademarks

Barrett name, Barrett logos, trademarks (whether issued or applied for), service marks, and all related names, logos, trade dress, products and service names, designs, and slogans are the intellectual property of Barrett or its affiliates or licensors. You must not use such marks without the prior written permission of Barrett. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

6. Intended Audience

This Website is intended for adults only. This Website is not intended for any user under the age of 18. Certain sections of this Website are intended for particular audiences including Barrett’s employees and customers, as well as the general public.

7. Website Use.

(a)Barrett grants you a limited, revocable, nonexclusive license to use this Website solely for your own personal use. By using the Website, you agree not to use the Website in violation of any applicable laws, not to use it for insertion of your own or a third party’s advertising, branding or other promotional content, nor to infringe or violate any third party rights, or employ any device intended to disable or impair the Website’s operation.

(b)You agree not to copy materials on the Website, reverse engineer or break into the Website, or use materials, products or services in violation of any law. The use of this Website is at the discretion of Barrett and Barrett may terminate your use of this website at any time.

(c)By using the Website you understand that an attorney-client relationship is not formed. The information included within the Website is for informational purposes only and should not be considered legal advice. Information submitted through the Website will not be considered confidential or privileged. Users of the Website should contact Barrett to confirm that a conflict does not exist and the Barrett is willing to accept representation before submitting confidential or sensitive information. Please do not send confidential information to us until you speak with one of our attorneys and receive authorization to do so. Any unsolicited request or information received by Barrett will not be regarded as confidential.

(d) The information on the Website may not reflect the most current developments. Users should not act upon this information without consulting legal counsel.

8. Compliance with Laws

You agree to comply with all applicable laws regarding your use of the Website. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

9. Services Available. T

This Website has been established primarily for the benefit and use of Barrett’s clients and potential clients. Not all services referred to may be available or available to certain users based on conflicts with current clients, and Barrett may change or discontinue the service described by this Website at any time. This Website may include inaccuracies, and the information in this Website may be changed periodically. Any rate information, pricing or quotes are subject to change at the discretion of Barrett. Check with legal counsel before relying on any information found in this Website.

10. Indemnification

You agree to defend, indemnify, and hold harmless Barrett, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use or misuse of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

11. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS THAT ARISE OUT OF ITS USE THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BARRETT NOR ANY OF ITS PARTNERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTS, LICENSORS, OR ANY PERSON ASSOCIATED WITH BARRETT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER BARRETT NOR ANY OF ITS PARTNERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTS, LICENSORS, OR ANYONE ASSOCIATED WITH BARRETT REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, BARRETT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, UNDER NO CIRCUMSTANCES WILL BARRETT, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. NEITHER BARRETT NOR ANY OF ITS PARTNERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTS, LICENSORS, OR ANYONE ASSOCIATED WITH BARRETT SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, ARISING OUT OF YOUR USE OF THE WEBSITE OR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.

You may have additional rights under certain laws which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms of Use that directly conflict with such laws may not apply to you.

13. Links from the Website. 

If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in articles, profiles and to other sites that include banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and are subject to the terms and conditions of use for such websites.

14. Use of Information

You understand and agree that any submission by you of any information relating to a legal matter, ideas, suggestions, concepts, methods, systems, techniques, business information, inventions or other information relating to Barrett’s services is on a non-confidential basis, and by doing so you represent and warrant that you own or have a license to use such information, and, further, grant Barrett an unrestricted, irrevocable, perpetual, sublicensable, and royalty free license to use, reproduce, display and transmit such information. Barrett reserves the right, and you authorize us, to use and assign all information regarding Website uses by you and all information provided by you in any manner consistent with our Privacy Policy, found at [http://www.barrettlaw.com.com/privacy-policy], incorporated by reference.

15. Applicable Law

You expressly agree that all matters relating to the Website and to these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction). You further agree and consent to the exercise of exclusive subject matter and personal jurisdiction, regarding any dispute with Barrett, or in any way relating to your use of the Website, in any state of federal court in Allen County, Indiana in connection with any such dispute.

16. Waiver and Severability

No waiver by Barrett of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Barrett to assert a right or a provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

17. Termination

Barrett may terminate these Terms of Use at any time, with or without notice, for any reason.

18. Relationship of the Parties

Nothing contained in these Terms of Use or your use of the Website shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such.Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

19. Entire Agreement. 

The Terms of Use constitutes the entire agreement between you and Barrett and governs the terms and conditions of your use of the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Barrett with respect to this Website.Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. Barrett may revise these Terms of Use at any time by updating these Terms of Use and posting it on the Website.Accordingly, you should visit the Website and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this Website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.

Barrett McNagny LLP

Legal Disclaimer

The information contained in the Barrett McNagny LLP website is for informational purposes only and should not be considered legal advice on any subject matter. Furthermore, the information contained on our website may not reflect the most current legal developments. You should not act upon this information without consulting legal counsel.

Your transmission and receipt of information on the Barrett McNagny LLP website, or sending an e-mail to one of our attorneys or staff, will not create an attorney-client relationship between you and Barrett McNagny LLP. If you need legal advice and want to establish an attorney-client relationship with Barrett McNagny LLP, please contact one of our attorneys by telephone, email, or other means of communication, and allow the attorney to confirm that the firm does not represent other persons or entities involved in the matter and that the firm is willing to accept representation. Until such confirmation is provided by one of our attorneys, you should not transmit information to us that you consider confidential. If you do provide information to us, and no attorney-client relationship is established, the information will not be considered confidential or privileged, and our receipt of such information will not preclude us from representing another client in a matter adverse to you.

Any links to other websites are not intended to be referrals or endorsements of those sites.

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An attorney-client relationship will NOT be formed merely by sending an email to Barrett McNagny, LLP or to any of its attorneys. Please do not send any information specific to your legal needs until you obtain approval from a Barrett McNagny, LLP attorney, as the content of such email will not be considered confidential or privileged. By sending us an email, you confirm your understanding of this notification. If you agree, you may use the e-mail links on this page to contact an attorney.
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