(Updated July 1, 2015)
Welcome, and thank you for visiting Neviscam (and/or its affiliated sites and Apps, collectively the “Neviscam” or “Site”) which are owned and operated by Neviscam.com (“Neviscam” or “we”).
If you do not agree to these Terms, your sole remedy is to discontinue use of Neviscam.com
- Legal Disclaimers:
- No Legal Advice:The materials on Neviscam.com are general in nature and are intended only as background materials for informational purposes. They do not constitute legal advice. They may not apply to your specific situation or may be incomplete. Although we may update certain information on Neviscam.com, some of the information may be outdated. You should not act or rely on any information on Neviscam.com. You are not authorized to treat Neviscam.com as a source of legal advice. Before acting or delaying action, you should first seek the advice of an attorney qualified in the applicable subject matter and jurisdiction.
- No Tax Advice (Required Tax Disclosure—Circular 230): Any tax information presented on Neviscam.com is not intended to constitute a complete analysis of all tax considerations. Internal Revenue Service regulations generally provide that, for the purpose of avoiding United States federal tax penalties, a taxpayer may rely only on formal written opinions meeting specific regulatory requirements. The information presented on Neviscam.com does not meet those requirements. Accordingly, such information is not intended or written to be used, and a taxpayer cannot use it, for the purpose of avoiding United States federal or other tax penalties or for the purpose of promoting, marketing or recommending to another party any tax-related matters.
- No Attorney-Client Relationship: Your access to or use of Neviscam.com does not create an attorney-client relationship between you and Neviscam. If you are not a current client of Neviscam and you communicate with us through the Site, we are under no obligation to keep confidential your communication nor will the communication invoke the attorney client privilege. Thus, unless you have a pre-existing, documented attorney-client relationship with a Neviscam attorney, you should not communicate confidential information to Neviscam.
- Sensitive Communications: Should you choose to contact Neviscam electronically, you should be aware that information transmitted electronically cannot be guaranteed to be securely transmitted. Neviscam assumes no responsibility for the loss of confidentiality for any information you transmit through the internet.
- Advertising Notice: Neviscam does not seek to be retained by anyone who approaches Neviscam as a result of Neviscam.com and who is from a state where Neviscam.com fails to comply with all laws and ethical rules of that state. Under the New York State Lawyer’s Code of Professional Responsibility, the content of Neviscam.com might contain advertising. Prior results do not guarantee a similar outcome. Each representation has unique facts and circumstances that may impact results.
- Jurisdictional Issues: Neviscam has offices in a number of locations, and no individual Neviscam attorney is admitted to practice in all the locations where we have offices. Please consult the attorney biographies on this site to determine the particular jurisdictions in which individual Neviscam attorneys are licensed to practice. If the State Bar Rules in your jurisdiction require us to designate a principal office and/or a single attorney responsible for Neviscam.com, Neviscam designates its office in New York as its principal office and designates Ron Van Buskirk as the person responsible for Neviscam.com. Neviscam’s attorneys admitted in Texas are not certified by the Texas Board of Legal Specialization. Except as specifically stated, each Neviscam attorney is not certified (including as a specialist) by any professional or governmental authority.
- Proprietary Rights
- Our Intellectual Property Rights. The materials on Neviscam.com, including without limitation any and all text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to Neviscam, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
- Use of Neviscam.com. For your personal, non-commercial and informational purposes, and subject to these Terms, you may (a) access and view Neviscam.com and its materials, and (b) make a limited number of prints, downloads and copies of the documents made available on Neviscam.com, provided that you maintain all copyright and other notices in print outs or downloads on all copies. Any other use (and in particular, any commercial use) of Neviscam.com or its contents is not permitted. Except as expressly authorized by Neviscam, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site in whole or in part. You are not permitted to use any automated means of compiling e-mail addresses from Neviscam.com for the purpose of sending unsolicited commercial e-mails. Any rights not expressly granted herein are reserved.
- Linking to the Site. You may hyperlink to the home page of Neviscam.com, but you may not frame or mirror Neviscam.com or use any meta tags or any other “hidden text” using Neviscam’s name or trademarks. You must remove any hyperlink to Neviscam.com upon Neviscam’s request.
- Permission Requests. Please contact Neviscam at 408-733-9701 and ask for the Marketing Technology Manager if you wish to request permission to use any materials of Neviscam.com in a manner not authorized above.
- NEVISCAM, NEVISCAM and other Neviscam logos, service marks and trademarks are trademarks of Neviscam (the “Neviscam Marks”). Without Neviscam’s prior permission, you agree not to display or use in any manner, the Neviscam Marks.
- Registration Obligations.
- Neviscam.com may allow you to register in order to personalize your viewing of content on the site and to receive certain publications from Neviscam. In registering, you agree to provide complete and accurate information about yourself. You are responsible for maintaining the confidentiality of your username and password and you accept responsibility for all activities that occur under your username and password.
- Neviscam reserves the right to change Neviscam.com, including its contents, and to block or terminate access to or use of Neviscam.com, including through usernames and passwords, at any time for any reason and without notice.
- No Warranties.net, INCLUDING THE INFORMATION PROVIDED THROUGH NEVISCAM.COM, IS PROVIDED “AS IS” AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. NEVISCAM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN, OR RELIANCE UPON, THE INFORMATION IN THIS WEBSITE. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH Neviscam.com IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
- Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL NEVISCAM BE LIABLE FOR ANY DAMAGES OR INJURY OF ANY KIND OR UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS PROVIDED ON THIS WEBSITE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN CERTAIN CIRCUMSTANCES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
- You agree to indemnify and hold Neviscam, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of the Terms, or your violation of any rights of another.
- These Terms, including the Privacy Statement below, along with any other terms and policies posted on Neviscam.com, constitute the entire agreement between you and Neviscam regarding your use of Neviscam.com and supersedes any prior agreements between you and Neviscam regarding such use, other than any written agreement between you and Neviscam.
- Copyright Complaints. The Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that any material uploaded, posted or otherwise transmitted through the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to Neviscam’s designated DMCA agent (“Designated DMCA Agent”).
The Designated DMCA Agent’s contact information is as follows:
Neviscam Attn: Dino Fredrick Phone: 408-733-9701
Email: [email protected]
- Notification of Alleged Copyright Infringement If you believe that your own copyrighted work is accessible through the Site in violation of your copyright, you may provide our Designated DMCA Agent with a written communication as set forth in Section 512(c)(3) of the DMCA that contains substantially the following information:
- Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material. If multiple copyrighted works at a single online site are covered by your notification, you may provide a representative list of such works at that site.
- Identify the URL or other specific location on the Site that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material.
- Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
- Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- Include a statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
- Include your name, mailing address, telephone number and email address.
You may submit any notification of alleged copyright infringement to our Designated Copyright Agent by fax, mail, or email at the contact information noted above.
Please note that you may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that content on the Site is copyright infringing.
Upon receiving a proper notification of alleged copyright infringement as described in this Section I, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory counter-notification procedure described below in Section j by which the alleged infringer may respond to your claim and request that we restore this material.
- Counter Notification. If you believe your own copyrighted material has been removed from the Site as a result of mistake or misidentification, you may submit a written counter-notification letter to our Designated Copyright Agent pursuant to Sections 512(g)(2) and (3) of the DMCA. To be an effective counter notification under the DMCA, your letter must include substantially the following:
- Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
- A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found.
- A statement that you will accept service of process from the party that filed the notification of alleged copyright infringement or the party’s agent.
- Your name, address and telephone number.
- A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your physical or electronic signature.
You may submit your counter-notification to our Designated Copyright Agent by fax, mail, or email at the contact information noted above.
If you send us a valid, written counter-notification letter meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your counter notification, unless our Designated Copyright Agent first receives notice from the party filing the original notification of alleged copyright infringement informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees.
- Repeat Infringer Policy. In accordance with the DMCA and other applicable law, Neviscam has adopted a policy of terminating, in appropriate circumstances and at Neviscam’s sole discretion, users of the Site who are deemed to be repeat infringers. Neviscam may also at its sole discretion limit a user’s access to the Site who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
- Privacy Statement
- APPLICABILITY OF THIS PRIVACY STATEMENT
- This Privacy Statement applies to information Neviscam collects from users of Neviscam.com. It does not apply to information received by Neviscam from you in the course of an attorney-client relationship, or received or collected by Neviscam offline or through any other means.
- Individual User Information. If you are a client of Neviscam, we protect the confidentiality of your information in accordance with the applicable professional standards of conduct. However, if you choose to submit personal information to Neviscam through Neviscam.com (for example, to sign up to receive Neviscam publications), we will store and use that information in accordance with this Privacy Statement unless you notify us otherwise as described below.
- Our Commitment to Children’s Privacy.net is not directed to, nor intended for use by, minors. If Neviscam becomes aware that it received personal information of minors, it will delete that information.
- Third Party Sites. This Privacy Statement also does not apply to information you submit to websites not controlled by Neviscam, even if linked to Neviscam.com, including third party providers of webinar services offered to users of Neviscam.com. You should read and understand the privacy policies applicable to such third party sites and service providers.
- INFORMATION WE COLLECT AND HOW WE USE IT. In general, you may use Neviscam.com without providing any information that personally identifies you (“Personal Information”). However, as described in greater detail below, you may choose to provide Personal Information to us. In addition, we will store and use information about you, including information about where and when you browse our website (“Visitor Information”), to continually improve the quality of our business and our website, as further described below.
- Personal Information. You may choose to sign up for Neviscam Connect through Neviscam.com in order to personalize your visit to the Site and to receive certain publications and information from Neviscam. You also may contact us by e-mail through Neviscam.com. In either case, you may be asked to provide us with Personal Information, such as your name, address, telephone number, email address, employer’s name and your title. We use this information in order to provide you with the publications and information you requested and to respond to your comments and questions about our services and this site. We may also use your Personal Information to send you additional information that we believe may be of interest to you.
- Visitor Information. When you use Neviscam.com, we may collect certain information to help diagnose problems with our server, administer our site, gather broad demographic information and generate user statistics. The Visitor Information we collect includes your Internet Protocol (IP) address, your Internet host company (e.g., AOL), your browser software (e.g., Microsoft Internet Explorer), your software platform (e.g., Windows 2000), the duration of your visit to our site, and the domain (e.g., .COM, .NET, .JP) of the site from which you arrived at our site.
- WITH WHOM WE MAY SHARE YOUR INFORMATION
- Personal Information. We will not share your Personal Information (including e-mail address) with any third party except (1) with your consent, (2) when we believe in good faith disclosure is required by law, or (3) to third parties who are providing services to Neviscam as needed to provide such services and subject to appropriate confidentiality obligations. We reserve the right to disclose information about you, including data on which pages you have visited, to third parties if we feel it is necessary to protect the security of our systems, Site, business, users or others.
- Visitor Information. Visitor Information may be provided to third parties at Neviscam’s discretion so long as the information is not linked to your Personal Information.
- Transfer of Practice. We may provide and transfer to third parties any or all information regarding Neviscam.com, including your Personal Information and Visitor Information, in connection with the transfer of all or a portion of Neviscam’s practice, whether by merger, acquisition or otherwise.
- YOUR CHOICES AND OPTING-OUT.net provides current subscribers the opportunity to opt-out of receiving email from us at any time, to update your email subscription information and to review and request changes to your Personal Information that Neviscam has collected through Neviscam.com. To do so, please click here or follow the instructions contained in any email sent from Neviscam.com. You may also notify us of your opt-out request by phoning us and ask for the firm’s general counsel.
- SECURITY MEASURES. We use commercially reasonable security measures designed to protect against unauthorized access to Personal Information under our control, including physical, electronic and procedural safeguards. However, please be aware that, despite these efforts, data transmission over the Internet is inherently insecure and we cannot guarantee the security of information transmitted or provided through Neviscam.com. Once we received your transmission, we use appropriate efforts to ensure its security on our systems, but we do not accept liability for unintentional disclosure.
- We may change this Privacy Statement from time to time, and such changes will be effective upon posting the amended terms to Neviscam.com. The date of update is specified at the beginning of these Terms.
Severability. If any provision of these Terms, including the Privacy Statement, is found to be void or unenforceable, such provision shall be severed and all other provisions shall remain in force.
How to Contact Us. If you have any questions about these Terms, including the Privacy Statement, the practices of this site, or your dealings with this site, please contact us via e-mail at: [email protected]