Terms of Service

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Effective date: March 1, 2024

 

Please read on to learn the rules and restrictions that govern your use of our website (the “Site”) and any of its content or features (the “Content”), and any communication you have with us prior to having an executed engagement letter in place (collectively with the Site and Content referred to as the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:

 

Email: mail@kpiplaw.com

Phone: 978-346-5494

Address: 11 S Main Street, Suite 200, Concord, NH 03301

 

These Terms of Use (the “Terms”) are a binding contract between you and KPIP LAW, PLLC (“KPIP Law,” “we” and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy.

 

Please read these Terms carefully. They cover important information about Services provided to you. These Terms include information about future changes to these Terms and limitations of liability. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

 

Important Notices

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, KPIP Law 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.

 

No Attorney-Client Relationship or Privilege. Your access to or use of the Site, any portion thereof, or use of any Services, including but not limited to any Content or email links or other contact information listed for KPIP Law attorneys, does not create an attorney-client relationship between you and KPIP Law. Your transmission or communication of any information, whatever its nature, does not create an attorney-client relationship between you and KPIP Law and does not invoke any attorney-client privilege. KPIP Law 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 may include, without limitation, a consultation that is understood and acknowledged by both parties to potentially lead to an attorney-client relationship, the consideration by KPIP Law 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 or the Services by you or transmission or communication of information to KPIP Law by you, such actions shall not prevent KPIP Law from representing any other party, including without limitation any party with business or legal interests adverse to you.

 

No Confidentiality. You acknowledge and agree that, unless you are an existing client of KPIP Law, any email, voicemail, telephone call, or other communication from you to KPIP Law 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 KPIP Law, you should not communicate or transmit to us any information of a sensitive, confidential, or proprietary nature, as KPIP Law 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 KPIP Law.

 

No Advertising or Solicitation. The Site, the Content (including 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. If you have any questions regarding attorney advertising rules, please contact: mail@kpiplaw.com

 

No Guaranteed Outcomes. The Content may contain descriptions of matters in which KPIP Law 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 KPIP Law’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 KPIP Law should not imply the continued retention or future grant or achievement by KPIP Law of such awards, designations, or rankings.

 

No Unauthorized Jurisdictions. If the Site, Content or Services are in any way non-compliant or inconsistent with your jurisdiction’s rules or state bar requirements regarding communication of legal services, KPIP Law does not seek to represent you or any other individual or entity in your jurisdiction.

 

No Admissions or Certifications Unless Specified. While KPIP Law practices law in the jurisdictions in which its offices are located as well as others, each KPIP Law 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 KPIP Law attorney is certified by any professional or government authority. The listing of KPIP Law attorneys in practice groups is not intended to indicate any professional or governmental certification.

 

 

 

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time.

 

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

 

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

 

 

 

What about my privacy?

KPIP Law takes the privacy of its users very seriously. For the current KPIP Law Privacy Policy, please click here.

 

Children’s Online Privacy Protection Act

 

We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal information, please contact us at mail@kpiplaw.com.

 

What are the basics of using KPIPLaw.com?

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf).

 

You will only use the Services for your own internal or personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

 

What about messaging?

As part of the Services, you may receive communications through the Services, including messages that KPIP Law sends you (for example, via email).

 

Are there restrictions in how I can use the Services?

You represent, warrant, and agree that you will not provide or contribute anything, including any Content (as that term is defined below), to the Services, or otherwise use or interact with the Services, in a manner that:

 

infringes or violates the intellectual property rights or any other rights of anyone else (including KPIP Law);

violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by KPIP Law;

is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

attempts, in any manner, to obtain the password, account, or other security information from any other user;

violates the security of any computer network, or cracks any passwords or security encryption codes;

runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

“crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

copies or stores any significant portion of the Content; or

decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

 

What are my rights in the Services?

The Content displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including KPIP Law’s) rights.

 

Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Site and Services. Use, reproduction, modification, distribution, or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that KPIP Law owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

 

 

 

Who is responsible for what I see and do on the Services?

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.

 

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.

 

The Services may contain links or connections to third-party websites or services that are not owned or controlled by KPIP Law. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that KPIP Law is not responsible for such risks.

 

KPIP Law has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, KPIP Law will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

 

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that KPIP Law shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

 

If there is a dispute between participants on this site or Services, or between users and any third party, you agree that KPIP Law is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release KPIP Law, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

 

Will KPIP Law ever change the Services?

We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

 

What if I want to stop using the Services?

You’re free to do that at any time; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

KPIP Law is also free to terminate (or suspend access to) your use of the Services for any reason in our discretion, including your breach of these Terms. KPIP Law has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

 

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

 

What else do I need to know?

Warranty Disclaimer. KPIP Law and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (KPIP Law and all such parties together, the “KPIP Law Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the KPIP Law Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The KPIP Law Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY KPIP LAW (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE KPIP LAW PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED ($100) DOLLARS OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

Indemnity. You agree to indemnify and hold the KPIP Law Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services, and (b) your violation of these Terms.

 

Assignment. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without KPIP Law’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

 

Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of New Hampshire, without regard to the conflicts of laws provisions thereof.

 

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that KPIP Law may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and KPIP Law agree that these Terms are the complete and exclusive statement of the mutual understanding between you and KPIP Law, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of KPIP Law, and you do not have any authority of any kind to bind KPIP Law in any respect whatsoever.

 

You and KPIP Law agree there are no third-party beneficiaries intended under these Terms.