Please Read These Terms Carefully

These Terms of Use (the “Terms”) govern your use of and access to www.mccurdylaud.com and its sub-domains and affiliated sites, as well as McCurdy Laud, LLC’s (“the Firm”) pages and accounts, if any, on Twitter®, Facebook®, LinkedIn®, Google Plus®, Instagram® and YouTube® (the “Sites). Please read both these Terms and the Firm’s Privacy Policy carefully, which is incorporated into these Terms. By using any or all of the Sites, you accept and agree to be bound by these Terms. If you do not want to agree to be bound by these Terms, do not use the Sites. The Firm may modify these Terms from time to time, and any modifications will be effective immediately when the Firm posts them. You are responsible for reviewing any modified terms. Your continued use of a Site following any changes means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made.

By accessing the Sites, you are requesting information. The information you are requesting is not legal advice, advertising, or solicitation. Transmission and receipt of the materials on the Sites does not constitute legal advice, establish an attorney-client relationship, or create any duty of the Firm to any reader or user. An attorney-client relationship with the Firm may only be established by an engagement letter signed by the Firm. Unsolicited information sent to the Firm by persons who are not clients of the firm is not subject to any duty of confidentiality of the part of the Firm.

Site Content

The Firm exclusively owns and controls the Sites, which provides information about the Firm’s services and may, from time to time, provide access to news articles and/or educational materials pertaining to legal topics of interest. You agree that use of or access to any or all of the Sites does not, standing alone, create any sort of representation or future promise. The unauthorized reproduction, use of, or theft of any content, written, photographic, or otherwise, is expressly prohibited.

Intellectual Property

Unless explicitly stated otherwise, as between you and the Firm, the Firm owns all right, title and interest in and to the Sites, including, without limitation, photographs, graphics, site content, design, organization, compilation and other matters related to or included on the Sites. McCurdy Laud, LLC and all related names, product and service names, logos, slogans, and designs are the Firm’s trademarks and you may not use these marks without the Firm’s prior written permission. All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners and should not be used without those respective owners’ permission. You are granted a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to access and use the Sites and the resources available for download from the Sites strictly in accordance with these Terms and any terms made available by third parties for such Sites.

Third Party Rights

Content and materials posted to the Sites may be the copyrighted content of others (“Third Party Content”) that is used by the Firm either by permission or under Section 107 of the Copyright Act as “fair use” for purposes such as education and research. The Firm respects the intellectual property of others and ask that you do the same. Users must obtain permission from the owners of any Third-Party Content before copying, distributing or otherwise using those materials. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner.

If you believe that your work has been copied on one or more of the Sites in a way that constitutes copyright infringement or otherwise violates your intellectual property rights, please contact the Firm via email at the contact information listed below and provide the following: (1) identification of what is claimed to have been infringed; (2) identification of what is claimed to be infringing; (3) your contact information (or the contact information of the person the Firm needs to contact about the infringement); (4) a statement that the person submitting the complaint is doing so with a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; (5) a statement that the information provided is accurate, and under penalty of perjury; (6) a physical or electronic signature of the person submitting the complaint; and (7) if that person is not the owner of the content at issue, a statement that the person submitting the complaint is authorized to act on the owner’s behalf.

Linking to The Sites

Anyone linking to the Sites must comply with all applicable laws and must not: (1) misrepresent its relationship with the Firm; (2) present false or misleading information about the Firm; or (3) contain content that is reasonably considered profanity, offensive, defamatory, vulgar, or unlawful.

Advertisements and Links

Advertisements may be included on the Sites. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites are solely between you and such advertiser. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by advertisers, including information providers, or any other end users are those of the respective author(s) and not the Firm’s own. You agree that the Firm shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers.

You may find links to other websites on a Site. These links are provided solely as a convenience to you and not as an endorsement by the Firm of the contents on such third-party sites, and the Firm expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that the Firm shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites.

Disclaimer and Limitation of Liability

THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND. THE FIRM, TOGETHER WITH ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS (THE “RELEASED PARTIES”), SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. THE RELEASED PARTIES DO NOT GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF THE INFORMATION OR CONTENT ON THE SITES. ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SITES. THE ENTIRE RISK FOR USE OF THE SITES AND/OR SERVICES IS BORNE BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE POSTINGS OR ANY MATERIAL LINKED THROUGH THE SITES. YOUR SOLE REMEDY WITH RESPECT TO ANY CLAIM ARISING OUT OF YOUR USE OF THE SITES IS TO CEASE USING THE SITES. Some jurisdictions do not allow the disclaimer of implied warranties and/or limitations of liability, so a portion of this language may not apply to you. In such a case, any such disclaimer or limitation of liability is limited to the minimum extent permissible under applicable law.

Choice of Law and Venue

These Terms are governed by the laws of the State of Minnesota without regard to any conflict of laws. For any dispute regarding these Terms or the Sites, you agree to submit to the personal and exclusive jurisdiction and venue of the federal and state courts located in Hennepin County, Minnesota.

Your Comments and Concerns

This website is operated by McCurdy Laud, LLC, 400 South 4th Street, Suite 401, #31, Minneapolis, MN 55415. All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to info@mccurdylaud.com. Thank you for visiting the Sites!