COHEN KINNE VALICENTI & COOK TERMS OF SERVICE
Welcome to cohenkinne.com (the “Site”), created by Cohen Kinne Valicenti & Cook LLP. This document constitutes a legally-binding agreement (“Agreement”) governing the terms of providing you with services.
Throughout the document, “Cohen Kinne”, “us”, “we”, and “our” refer to us, Cohen Kinne Valicenti & Cook LLP, or our website, www.cohenkinne.com as is appropriate in the use of the words. Likewise, the words “you” and “your” refer to you, the person who is being presented with this document for your agreement.
2. Description of Site
Cohen Kinne is a law firm and provider of legal services. The Site provides information about the firm and our attorneys. The “Contact Us” and “Get in Touch” sections of the Site include opportunities to submit information to Cohen Kinne.
3. License to Access and Use
You may access and use our Site for your personal use. Any other access to or use of the Site or its contents constitutes a violation of this Agreement and may violate other applicable laws, including copyright and trademark laws.
You may not access, use, or copy any portion of the Site or their content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Site’s content. Except as expressly authorized by us in writing, in no event you will reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or its content or any access to or use of the Site or its content.
4. Information Supplied
By making a submission, you represent and agree that all information that you provide to us in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief, and that you are not infringing the rights of anyone through your submission. You also agree that you will not post or transmit any material that contains viruses, or other computer programming routines that may damage, interfere with, intercept, or expropriate any system, data, or personally identifiable information.
Our Site and Service is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Site. If you are under 13, do not use this Site or provide any information about yourself to us.
If a parent or guardian is made aware that a child under the age of 13 has provided us with personally identifiable information through any point of contact, we ask to be contacted by email via the contact page and we will delete the information.
7. Rules for Online Conduct
You agree to use the Site in accordance with all applicable laws. You are responsible for your own communications, including the upload and transmission of information.
8. Intellectual Property
You acknowledge and agree that the Site and its contents, including, without limitation, all photographs, information, data, text, product descriptions, software, music, sound, graphics, video, messages, tags and/or other materials (collectively, the “Content”) are proprietary or confidential information that belongs exclusively to Cohen Kinne and is protected by applicable copyright, trademark, trade secret, patent or other proprietary rights and laws. You are not authorized to reproduce, republish, distribute, transmit, modify, sell or otherwise use the Content, or to create derivative works based on the Content, in whole or in part, without Cohen Kinne’s express written authorization. This includes, but is not limited to, a prohibition on aggregating information on our Site that is in the public domain and publishing it elsewhere. Without limiting the above, you are not authorized to use the Content in order to gain a competitive advantage for marketing purposes (including third-party solicitations), to harass, abuse or harm others, or in a way that otherwise exceeds the scope of your authorized access to this Site. In addition, you are not authorized to use, access, search or obtain data from the Content of this Site by using any deep-link, framing, page scrape, robot, spider or other automatic device, program, algorithm or similar methodology.
The name “Cohen Kinne Valicenti & Cook,” all logos, slogans and trade dress, including the look and feel of the Site (“Trademarks”) are trademarks owned by Cohen Kinne to uniquely identify our Site. You agree not to use these Trademarks anywhere without our prior written consent. In other words, by accepting this Agreement, you cannot use the Trademarks for any purpose.
9. Termination of Access
Cohen Kinne reserves the right, in its sole discretion, to terminate your access to all or part of the Site, without notice or liability, for any reason, including, without limitation, the breach of any agreement between you and Cohen Kinne, including, without limitation, this Agreement. Following any such termination of access, you will continue to be bound hereunder to the fullest extent applicable.
COHEN KINNE MAY PROVIDE LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES (“THIRD PARTY SITES”) AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SERVICE. COHEN KINNE DOES NOT OPERATE OR CONTROL IN ANY RESPECT, ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE SITE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SITE, AND ANY THIRD PARTY SITES ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COHEN KINNE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. COHEN KINNE DOES NOT PROMISE THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SITE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COHEN KINNE DOES NOT PROMISE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SITE OR IN THIRD PARTY SITES OR THE SERVICES PROVIDED BY THIRD PARTIES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE.
YOU ASSUME ALL RISK OF ERROR AND/OR OMISSIONS IN THE SITE, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SITE, INCLUDING INFORMATION, AND FOR MAINTAINING ANY MEANS THAT YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES.
11. Limitation of Liability
IN NO EVENT WILL COHEN KINNE, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES, INCLUDING ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR SIMILAR DAMAGES, ALLEGED UNDER ANY LEGAL THEORY IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SITE, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SITE, NEGLIGENCE, OR ANY OTHER TORT.
You agree to defend, indemnify and hold us and our representatives harmless from any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of the Site, their content and any services available on or through the Site. You also agree that you have a duty to defend us against such claims, and we may require you to pay for an attorney(s) in such cases. However, we reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you hereunder. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties, and you shall be liable for the damages as though we had proceeded with a trial.
13. Choice of Law and Forum
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. The offer and acceptance of this contract is deemed to have occurred in the Commonwealth of Massachusetts.
By using the Site, you agree to submit to the personal and exclusive jurisdiction of the courts located within Berkshire County in the Commonwealth of Massachusetts with respect to any claims arising from these Terms or your use of the Site.
14. Waiver of Jury Trial
YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTION, SUIT, OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE MATTERS CONTEMPLATED HEREBY.
15. Waiver and Severability
Cohen Kinne’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If such right or provision is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court shall endeavor to give effect to the parties’ intentions as reflected in the provision, and other provisions of this Agreement shall remain in full force.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we do so, we will update this page with the amended Agreement. You may refuse to agree to the amendments, but if you do so, you must immediately cease using our Site. You must visit this page each time you come to our website and read and agree to it.
If you have any questions regarding the Site or this Agreement, please email us.