Terms of service
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Notices and Terms of Use
Before you access this website (the “Site”) or any of its content or features, please read these Notices and Terms of Use (“Notices and Terms”), along with our Privacy Policy (hereby incorporated by reference into these Notices and Terms) fully and carefully. By accessing or using any portion of the Site, you acknowledge that you have read and understood these Notices and Terms, and agree that these Notices and Terms will constitute the entire, exclusive agreement between you and Cytowski & Partners (“C&P,” “we,” “us,” or “our”) with respect to:
- Your access and use of this Site or any of its features, including without limitation any email links or any articles, descriptions, forms or templates, documents, notices, or other written content (collectively, and together with the information contained therein, “Content”) found on the Site.
- Any and all rights or obligations relating to arising from the Site, the Content, and your access or use of the Site and Content.
- Any and all communications or transmissions of information made by (i) you to C&P, or (ii) C&P to you relating to or arising from your access or use of the Site or any of its features, until and to the extent that you are expressly informed otherwise by C&P or you and C&P have an operative, executed engagement letter in place.
These Notices and Terms, together with any disclaimers, terms, or conditions you encounter on the Site (which are incorporated into these Notices and Terms), may be amended at any time by C&P from time to time without specific notice to you. The latest version of these Notices and Terms will always be posted on the Site, and when we amend or update these Notices and Terms (as we may do from time to time), we will update the date listed above.
THESE NOTICES AND TERMS CONTAIN A MANDATORY ARBITRATION PROVISION. BY AGREEING TO THE NOTICES AND TERMS, YOU AGREE THAT ANY DISPUTES BETWEEN YOU AND C&P WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
1. NOTICES
1.1. No Legal Advice, Opinion, or Services. The Site and the Content, including without limitation Content regarding legal issues and developments, is provided for general informational purposes only, and is not intended to, and does not, constitute legal advice, legal opinion, or legal services under any circumstances. Because legal advice cannot be given without consideration of all relevant information relating to your particular circumstances, you should never consider any Content a substitute for advice from qualified counsel or a basis for any decision, action, or inaction whatsoever. Further, C&P does not guarantee that any Content is accurate, comprehensive, or up-to-date, and expressly disclaims any warranties with respect to such Content. The Content may not reflect recent developments in the law or apply to your specific jurisdiction or set of facts or circumstances. Your use of any information contained in the Content is entirely at your own risk.
1.2. No Attorney-Client Relationship or Privilege. Your access to or use of the Site or any portion thereof, including but not limited to any Content or email links or other contact information listed for C&P attorneys, does not create an attorney-client relationship between you and C&P. Your transmission or communication of any information, whatever its nature, does not create an attorney-client relationship between you and C&P and does not invoke any attorney-client privilege. C&P only enters into attorney-client relationships after undertaking certain procedures unrelated to this Site, in accordance with its own policies and the rules and regulations of the Bar Associations of the states in which it maintains offices. These procedures include, without limitation, a consultation that is understood and acknowledged by both parties to potentially lead to an attorney-client relationship, the consideration by C&P of potential conflicts of interest and professional responsibility, and the execution of a formal engagement letter between the parties memorializing and outlining the scope of the attorney-client relationship. Further, because an attorney-client relationship will not result from any access or use of the Site by you or transmission or communication of information to C&P by you, such actions shall not prevent C&P from representing any other party, including without limitation any party with business or legal interests adverse to you.
1.3. No Confidentiality. You acknowledge and agree that, unless you are an existing client of C&P, any email, voicemail, telephone call, or other communication from you to C&P or any of its attorneys or other employees, whatever the nature of such communication, shall not be treated as confidential. If you are not already an existing client of C&P, you should not communicate or transmit to us any information of a sensitive, confidential, or proprietary nature, as C&P makes no guarantees or representations regarding the security, use, disclosure, or return of any information or communication received from you, absent an independent, explicit agreement between you and C&P. In any case, given the inherent insecurity of email communication and the Internet, C&P cannot guarantee, and assumes no responsibility for, the integrity or confidentiality of any unencrypted email you send to C&P, whether in connection with an existing attorney-client relationship or otherwise.
1.4. No Advertising or Solicitation. The Site, the Content, the Attorney Information, and any other content or information on the site are intended and provided for general informational purposes only, and are not intended to be, and should not be interpreted as, advertising or solicitation. 1.5. No Guaranteed Outcomes.The Content may contain descriptions of matters in which C&P achieved a successful outcome for its current or former clients. Such descriptions are not intended to, and do not, predict or guarantee future successful outcomes, even in similar circumstances. Further, such descriptions should not imply C&P’s continued or current representation of, or endorsement by, any clients mentioned. Any references in any Content to past awards, designations, or rankings granted to or achieved by C&P should not imply the continued retention or future grant or achievement by C&P of such awards, designations, or rankings.
1.6. No Unauthorized Jurisdictions. If the Site or Content is in any way non-compliant or inconsistent with your jurisdiction’s rules or state bar requirements regarding communication of legal services, C&P does not seek to represent you or any other individual or entity in your jurisdiction.
1.7. No Admissions or Certifications Unless Specified. While C&P practices law in the jurisdictions in which its offices are located as well as others, each C&P attorney is licensed to practice only in those jurisdictions set forth in that attorney’s biography on the Site. Unless specifically stated in his or her biography, no C&P attorney is certified by any professional or government authority. The listing of C&P attorneys in practice groups is not intended to indicate any professional or governmental certification.
2. PRIVACY
You acknowledge that any information submitted by you or collected by C&P in connection with your access or use of the Site shall be treated in accordance with our Privacy Policy and consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described therein. This Section, the Privacy Policy, and these Notices and Terms generally do not apply to – and C&P is not responsible for – the practices of any third party websites, services, and applications that you may be able to access through the Site. You may direct any questions or concerns regarding the privacy policy set out in this Section by emailing office@cytlaw.com.
3. PROHIBITED USES
As a condition of accessing and using the Site, you agree not to use the Site or any Content for any purpose that is prohibited by these Notices and Terms, and further agree not to use the Site in any manner that (a) violates any applicable law, rule, or regulation, whether domestic or foreign; (b) infringes the intellectual property rights of C&P (including in its marks and any Content) or any third party; (c) constitutes the unauthorized transmission of unsolicited commercial electronic mail; (d) involves the transmission of defamatory materials; (e) violates, attempts to violate, or knowingly facilitates the violation of the security (including access control or authentication systems) of the Site or the integrity of any Content; (f) involves software viruses or any other malicious computer codes, files, or programs; (g) impersonates any person or entity, including any C&P employee or representative; (h) constitutes fraud; (i) interferes or attempts to interfere with the proper working of the Site; (j) bypasses, circumvents or attempts to bypass or circumvent any measures used by C&P to prevent or restrict access to the Site (or computer systems or networks connected to the Site); (k) harvests or scrapes any information from the Site; or (l) otherwise violates the Notices and Terms or Privacy Policy. You are responsible for all of your activity in connection with the Services.
4. PERMITTED USES; LIMITED LICENSES.
4.1. Copyright in Site and Content. The Site and Content are protected by United States and international copyright laws. All rights are reserved. Subject to the terms of these Notices and Terms, C&P grants you a limited, nonexclusive, personal license to access, view, download and print the Content solely for noncommercial and informational purposes. You may not modify the Content in any way and you may not remove or obscure any copyright or permission notices provided on or in connection with the Content. C&P reserves the right in its sole discretion to edit or delete any Content or other information appearing on the Site.
4.2.Marks and Domain Name. C&P does not grant to you any rights in its marks. Although you may link to any publicly available page on the Site, you agree to immediately remove any such link upon C&P’s written request.
5. DISCLAIMER WARRANTIES.
THE SITE AND CONTENT IS PROVIDED TO YOU "AS IS." YOUR ACCESS TO AND USE OF THE SITE AND CONTENT IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY THE LAW AND APPLICABLE RULES OF PROFESSIONAL RESPONSIBILITY, C&P DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF INFORMATION, TIMELINESS OF INFORMATION, SYSTEM INTEGRATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, QUIET ENJOYMENT, AND UNINTERRUPTED OR ERROR FREE OPERATION. THE SITE AND CONTENT MAY CONTAIN BUGS, ERRORS, OR OTHER LIMITATIONS. TO THE EXTENT PERMITTED BY LAW AND APPLICABLE RULES OF PROFESSIONAL RESPONSIBILITY, C&P DISCLAIMS LIABILITY FOR ANY LOST PROFITS OR INCOME, LOST BUSINESS, OR LOST DATA, OR FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THE SITE AND ANY CONTENT.
6. LIMITATION OF LIABILITY.
IN NO EVENT SHALL C&P OR ITS AFFILIATED PARTIES, AGENTS, DIRECTORS, EMPLOYEES, VENDORS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING [$100.00], WHICH AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST C&P AND THE AFOREMENTIONED PERSONS AND ENTITIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
7. THIRD PARTY SITES
To the extent that C&P links to, or otherwise presents, third party websites and information on the Site, such links or presentations do not constitute an endorsement by C&P of any such third party information or such third parties. C&P does not monitor or verify, is not responsible for, and assumes no liability with respect to any third-party content.
8. ARITRATION.
You agree that any legal controversy or legal claim arising out, relating to, or connected with these Notices and Terms, the Site, or any Content, other than claims brought by C&P to collect or recover damages for, or obtain an injunction relating to, intellectual property ownership or infringement, will be resolved by binding, individual arbitration pursuant to the commercial arbitration rules of Judicial Arbitration and Mediation Services (“JAMS”). Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and in accordance with the “Governing Law” Section below. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY WAIVE ANY RIGHTS YOU MAY OTHERWISE HAVE HAD TO A TRIAL BY JURY, OR TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM AGAINST C&P, INCLUDING ANY CLASS ARBITRATION, CONSOLIDATION OF INDIVIDUAL ARBITRATIONS, OR ANY PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. This arbitration provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on any award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Notices and Terms. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of these Notices and Terms, the Site, or any Content must be filed within one (1) year after such claim of action arose or be forever banned.
9. MISCELLANEOUS.
You agree that any dispute arising out of or in connection with the Site, the Content, or these Notices and Terms will be governed by the laws of the State of New York without reference to conflict of laws principles that would require the application of the laws of any other jurisdiction. In the event that you gain access to information not intended to be accessed by you, you agree that you will immediately notify C&P and lawfully destroy all copies of such information in your possession.. These Notices and Terms are the entire agreement between you and us with respect to the Site and Content, and supersede any prior or contemporaneous communications and proposals between you and us with respect to the Site. If any provision of these Notices and Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Notices and Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. C&P shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. These Notices and Terms are not assignable, transferable or sublicensable by you except with C&P’s prior written consent. C&P may assign, transfer or delegate any of its rights and obligations hereunder without your consent. The section and paragraph headings in these Notices and Terms are for convenience only and shall not affect their interpretation.
Privacy Policy
This Privacy Policy describes the policies and procedures of Cytowski & Partners LLC (“C&P,” “we,” “us,” or “our”) regarding the collection, use, and disclosure of your information in connection with your access to and use of our website (the “Site”). C&P receives information about you from various sources, including but not limited to: (i) if you register to receive emails or publications from us; (ii) your use of the Site generally; and (iii) from third party websites or services. By accessing or using the Site, you are consenting to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy and in our Terms of Use (the “Notices and Terms”). Any defined terms not defined herein shall have the meaning ascribed to them in the Notices and Terms.
This Privacy Policy covers the treatment of personally identifiable information, or information that would allow someone to identify or contact you (“Personal Information”), that we gather when you use the Site. This Privacy Policy does notapply to the practices of third parties we do not control, including any third party services, websites, or applications that you elect to access through the Site (“Linked Third Parties”), or to individuals that we do not manage or employ. We encourage you to carefully review the privacy policies of any Linked Third Parties you choose to access.
C&P may amend this Privacy Policy from time to time. Any such amendments will be effective as of the date they are posted on the Site. Each time the Privacy Policy is amended, the “Date Updated” field located above will be updated. C&P’s use of any information it collects is subject to the Privacy Policy in effect at the time of collection. You agree to be bound by any amendments to the Privacy Policy if you access or use the Site after such amendments have been posted. Thus, we advise you to refer to this Privacy Policy regularly for any amendments.
If you have any questions or concerns about the Privacy Policy or C&P data privacy practices, you may contact us at office@cytlaw.com.
Collection and Use of Information by C&P
C&P collects information in order to personalize, improve, and continue to operate the Site, as well as to provide you with certain features of the Site, certain Content, and other information that you may request or that C&P believes may be of interest to you, including updates, newsletters, or publications by C&P and invitations to events hosted, sponsored, or recommended by C&P.
The information collected by C&P falls into the following categories:
Usage Information.C&P automatically collects certain information regarding your access to and usage of the Site, including from the web browser and device you use to access and use the Site. Such information includes, but is not limited to: your browser type, operating system, MAC address, IP address, “cookie” information (described in greater detail below), the last web page that you visited before accessing the Site, search terms that you enter on the Site, pages or features accessed by you on the Site (and the time spent accessing those pages or features), any links on our Site that you clicked on, and, if you access the Site with a mobile device, information such as unique device identifiers, network information, and hardware model (such information, individually and collectively, “Usage Information”). Usage Information enables C&P and its Agents (defined below) to determine how often individuals use portions or features of the Site, to analyze the demographics and usage patterns of the Site’s visitors, and to fight spam and malware, among other uses.
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Cookies. “Cookies” are pieces of text that may be provided to your computer through your web browser when you access a website. Your browser stores cookies in a manner associated with each website you visit, and C&P uses cookies it provides to enable us to recognize your web browser, and to tell us how and when you visit the Site and use its features.
- Our cookies do not, by themselves, contain Personal Information. As noted, however, we do use cookies to identify that your web browser has accessed portions of the Site and may associate that information with your Personal Information if you have voluntarily provided such information.
- Most browsers have an option for disabling cookies, which will prevent your browser from accepting new cookies, and perhaps (depending on the sophistication of your browser software) allow you to decide on acceptance of each new cookie in a variety of ways. Please note that if you disable cookies, you may find that some aspects or features of the Site may not operate properly or be available to you.
- You may always access and delete cookies through your web browser settings.
- This Privacy Policy covers our use of cookies only, and does not cover the use of cookies by third parties. We do not control when or how third parties place cookies on your computer. For example, Linked Third Parties may set cookies on your computer if you choose to access them.
- Pixel Tags.C&P may also use pixel tags (also known as web beacons) in connection with the Site or certain email communications. Pixel tags are tiny graphics with a unique identifier that are embedded invisibly on web pages, and C& Puses them to collect or capture Usage Information from you and your web browser and device.
Personal Information. You may access and generally browse the Site without providing any Personal Information. Please note, however, that if you do not provide such information, you will not be able to take advantage of certain features of the Site, such as receiving informational emails and alerts from C&P and invitations to events, seminars, or workshops that may be of interest to you.
- C&P will never ask you through the Site, or in any communications you receive from us in connection with your use of the Site, for any Personal Information other than your name, your email address, and your physical address. Please do not under any circumstances provide C&P with any sensitive Personal Information, such as your Social Security Number.
- C&P will use your Personal Information only for the following purposes: (i) to send you emails or mailings which you have requested, or to which you have subscribed, through the Site; (ii) to send you emails or mailings that C&P believes may be of interest to you; (iii) to respond to your inquiries; (iv) for recordkeeping purposes related to purposes (i)-(iii); (iv) for C&P’s own internal business purposes, such as improving or modifying the Site or understanding the demographics of the Site’s users; or (v) as otherwise described in this Privacy Policy.
- C&P will not share your Personal Information with any third parties other than Agents (defined below), unless we reasonably believe it is necessary to do so in order to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce this Privacy Policy and/or our Terms of Use, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam and malware prevention.
- C&P employs and contracts with people and other entities that perform certain tasks on our behalf and who are under our control (“Agents”), including without limitation providers of hosting services, data analytics services, and IT and infrastructure support services. We may need to share Personal Information with our Agents in order to offer certain features on the Site and Content to you. Unless we tell you differently, our Agents do not have any right to use Personal Information or other information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information with our Agents.
- Notwithstanding the foregoing, C&P cannot and does not guarantee that your Personal Information will not be otherwise accessed by third parties, including without limitation through unlawful interception, circumvention or disabling of C&P’s (and/or its Agents’) security controls, unauthorized access to C&P’s (and/or its Agents’) systems or servers, or administrative errors by C&P (and/or its Agents).
- You may request the removal of your Personal Information from the Site and our records at any time by emailing office@cytlaw.com. If you do so, C& will exercise reasonable efforts to promptly remove your Personal Information. However, C&P does not guarantee the permanent removal of your Personal Information, which may, for example, remain in archived or backup copies of the Site.
- We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law.
Aggregate Information. We collect statistical information about how visitors of the Site, collectively, use the Site (“Aggregate Information”). While some of this information may possibly be derived from Personal Information, this statistical information is not Personal Information and cannot be tied back to you or your web browser or device. We may share Aggregate Information with third parties for demographic profiling, analytics, or other purposes.
Your Rights Regarding Your Information
You have the following rights with regard to your Personal Information:
- You may request the removal of your Personal Information from the Site and C&P’s (and/or its Agents’) systems at any time by emailing office@cytlaw.com. If and when you do so, C&P (and/or its Agents) will exercise reasonable efforts to promptly remove your Personal Information. However, C&P does not guarantee the permanent removal of your Personal Information, which may, for example, remain in archival or backup copies of the Site.
- You may request the cessation of any email publications, invitations, alerts, or other communications from C&P at any time by clicking the “Unsubscribe” link at the bottom of any such email. C&P will exercise reasonable efforts to promptly comply with such requests. Please note that such requests may take up to 14 days to be fulfilled, and that you may receive email communications in the meantime.
- Depending on the jurisdiction in which you are located, you may make a request to access, amend, or suspend or object to the use of any Personal Information that you have previously provided to C&P in connection with your use of the Site, by contacting us at office@cytlaw.com. Such requests should clearly indicate the specific Personal Information to which it relates and the action that is being requested on the part of C&P. Please note that, as stated above, C&P does not guarantee the permanent removal of your Personal Information, which may, for example, remain in archival or backup copies of the Site. C&P will respond to, and fulfill, your request only if it is commercially reasonable to do so. Additionally, you may also oppose the processing or transferring of Personal Information to the extent the laws of your country require, if you have a legitimate reason to do so.
Information Security
C&P seeks to protect your Personal Information to ensure that it is kept private; however, we cannot guarantee the security of any such information. C&P stores all of its information, including your Personal Information, using industry-standard techniques. We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. If you have reason to believe that your Personal Information has been compromised in any way, please notify us immediately by contacting office@cytlaw.com.
Business Transfer
If C&P or substantially all of its assets is acquired, or if we undergo a merger or reorganization involving another entity, your Personal Information would be one of the assets that may be transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any such third party may continue to use your Personal Information as set forth in this policy.
