November 23rd, 2016
No Legal Advice
The information and materials available on the Site (the “Materials”) are for informational purposes only and are not intended to and do not constitute legal advice or a solicitation for the formation of an attorney-client relationship. The information provided on this Site may not apply to your particular facts or circumstances; therefore, you should seek legal counsel prior to relying on any information that may be found on this Site. Furthermore, information provided on this Site may not reflect the most recent developments in the law and may not be applicable in your particular jurisdiction. Therefore, you should not act on any of the information contained on this Site until you obtain legal counsel from a qualified individual in your jurisdiction.
No attorney-client relationship is created through your use of the Site or your receipt of the Materials. LMVT accepts clients only in accordance with certain formal procedures, and renders legal advice only after completion of those procedures. LMVT does not seek to represent anyone desiring representation based upon viewing the Site in a state, territory or foreign country where the Site fails to comply with applicable laws and ethical rules. In addition, LMVT’s attorneys do not seek to practice law in states, territories or foreign countries where they are not properly authorized to do so.
No Attorney-Client Relationship
LMVT has established procedures in place for accepting representation of a new client and establishing an attorney-client relationship, which include obtaining a signed copy of an engagement letter and clearing conflicts in accordance with the rules of professional ethics. Therefore, if you submit an unsolicited email or other communication or information to LMVT via this Site, please understand that no attorney-client relationship is created. Because no attorney-client relationship is created in these instances, any such communications are not considered confidential and may be disclosed to third parties.
This Site and the information contained herein are not intended to be an advertisement or solicitation of business.
Intellectual Property Rights
All content, text, images, graphics, data, information, and other material displayed (including without limitation the Alabama Employer’s Desk Manual and. Employment Law Bulletin newsletters), as well as the original selection, arrangement, and presentation of such material displayed, available or present on this Site (“Content”), including any intellectual property rights in such Content (including without limitation trademarks and copyrights) (hereinafter “Intellectual Property Rights”), are the property of LMVT, its affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws. You should assume that everything you see or read on this Site is the property of LMVT or its licensors and is protected by copyright, trademark, and other proprietary rights and laws unless otherwise noted and may not be used without our written permission, except as otherwise provided in these Site Terms.
Trade names, trademarks, service marks and domain names (collectively, “Marks”) of LMVT include, without limitation, Lehr Middlebrooks & Vreeland, P.C., Lehr Middlebrooks Vreeland & Thompson, P.C., LMV, LMVT, Your Workplace is our Work®, Effective Supervisor®, and Employment Law Bulletin. All Marks on the Site that are not owned by LMVT are the property of their respective owners. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any of the Marks without LMVT’s prior express written permission.
Authorized and Prohibited Uses
You may access, use and display this Site on a single computer only and download and print copies of the Content only for noncommercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Site Terms and applicable laws. Except as may otherwise be expressly authorized by these Site Terms, you may not otherwise reproduce, sell, publish, distribute, transmit, modify, display, use or perform or create any derivative works of any of this Site or the Content or Materials without our prior written permission.
Compliance With the Digital Millennium Copyright Act
LMVT respects the rights of all copyright holders, and in this regard we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of this Site who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(c) Identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the information reasonably sufficient to permit us to locate the Content;
(d) Information reasonably sufficient to permit us to contact the complaining party;
(e) A statement that the complaining party has a good faith belief that the use of the Content in the manner complained of is not authorized by the copyright owner, its agent or the law;
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act, please contact LMVT at email@example.com.
THIS SITE, ITS CONTENT, MATERIALS AND ITS LINKS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. LMVT, ITS AFFILIATES AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS SITE (INCLUDING ITS CONTENT, MATERIALS, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitations on Liability and Remedies
LMVT’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH LMVT (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SITE) IS TO DISCONTINUE YOUR USE OF THE SITE. LMVT, ITS AFFILIATES, SUPPLIERS AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THIS SITE OR MATERIALS OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH LMVT. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF LMVT HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS LMVT’S AND ITS SUPPLIERS’ OR VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF LMVT WILL BE LIMITED TO, IN THE SOLE DISCRETION OF LMVT, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK, OR (2) REFUND OF ANY FEES FOR THIS SITE RECEIVED BY LMVT FROM YOU.
Dispute Resolution; Applicable Law and Forum
With respect to any and all disputes arising from or in connection with this Site or these Site Terms, LMVT and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another to achieve a mutually satisfactory resolution.
These Site Terms shall be governed by the laws of the State of Alabama as applied to agreements made, entered into, and performed entirely in Alabama by Alabama residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Site Terms or your use of the Site or Content or Materials shall be brought exclusively in the Federal or State courts located in Jefferson County, Alabama, and you hereby unconditionally and irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site or these Site Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of LMVT to exercise or enforce any right or provision of these Site Terms shall not constitute a waiver of such right or provision.
Separate Terms and Conditions
From time to time in connection with your use of and/or access to Content or Materials contained in certain areas of this Site, it may be necessary for you to consent to policies or terms and conditions in addition to these Site Terms. You should read carefully any such additional terms and conditions before making any use of such Content or Materials or areas of this Site. Any such terms will not vary or replace these Site Terms regarding any use of this Site, unless otherwise expressly stated.
You may link to any page of this Site, but no framing is permitted. In the event we deem your linking practices in relation to this Site to be inappropriate, we may provide you with notice concerning removal or modification of the inappropriate link, and you agree to comply with any and all requirements of LMVT relating thereto. Please use an official LMVT Web banner when linking to this Site. You may use such Web banner solely in connection with the link unless and until LMVT gives notice that you must stop using the Web banner and/or discontinue linking to this Site.
Authority of Website Administrator
LMVT may in its discretion modify, edit, translate, suspend, restrict access to or terminate this Site, these Site Terms, the Content, the Materials or any other link at any time without liability or prior notice. LMVT may in its discretion terminate the browsing of, registration with and use of this Site by any user at any time without liability or prior notice for any reason, including without limitation for any breach of these Site Terms.
Good Samaritan Policy
It is LMVT’s policy not to tolerate any acts of intellectual property infringement or violations of federal or state law. We will, in good faith, make our best efforts to remove, disable or restrict access to the availability of Content or Materials on the Site that, in our subjective view, is obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable, whether or not such material is constitutionally protected. This provision does not impose upon LMVT any contractual obligation to undertake, or refrain from undertaking, any particular course of conduct, or to monitor the Site.
If you believe that someone has violated this policy, we ask you to promptly notify us by email at firstname.lastname@example.org. You must use this address if you want to ensure that the complaint is actually received by the appropriate party who is responsible for investigating alleged violations of this policy.
Third Party Sites and Other Information
This Site may contain, as a convenience to you, Content, links and other information submitted by third parties over whom LMVT has no control or responsibility, as well as translations thereof that we may arrange. LMVT has no obligation to monitor, control or restrict the use of this Site or third party websites accessible via links on this Site. These third party sites are not under our control, and you acknowledge that (whether or not such sites are affiliated in any way with LMVT) LMVT is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by LMVT or any association with its operators. Moreover, we have no obligation to verify any User Content submitted by a user or to provide any registration or other information to you concerning any Content.
These Site Terms referenced herein constitute the complete agreement between you and LMVT with respect to their subject matter and supersede any prior agreement or communication. These Site Terms are subject to change from time to time. LMVT will endeavor to post a notice of any changes to these Site Terms for a period of thirty (30) days following any such modifications. Therefore, you are advised to review these Site Terms occasionally, or at least every thirty (30) days. Your continued use of this Site subsequent to our notice of modification of these Site Terms shall constitute your acceptance of the modified Site Terms. If any term or provision of these Site Terms shall be found to be invalid, illegal or otherwise unenforceable, such finding shall not affect the other terms or provisions of these Site Terms or the whole of these Site Terms, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of you and LMVT shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Site Terms. Your obligations pursuant to these Site Terms shall survive termination of this Site, any use by you of this Site, any User Content on this Site or these Site Terms.
If you have any questions regarding these Site Terms or this Site, please contact us by email at email@example.com.
Last updated May 2015