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This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are 18 years of age or older and have legal capacity to form a binding contract with the Company. If you do not meet all of these requirements, you must not access or use the Website.
Legal Services: The information that you receive from Briefcase, and its affiliates or otherwise on the Site are to be considered limited legal services of a limited scope provided only through the Site. The scope of the legal services provided by Briefcase is limited to the following: (i) general business information and guidance relating to general principles of law not limited to any specific jurisdiction or territory; (ii) Briefcase is not a law firm and at this time all content and user interaction is provided by the law firm of Pierce McCoy, PLLC, a Virginia professional limited liability company (“Pierce / McCoy”). To the extent you receive any legal advice or guidance using Briefcase, any such advice, recommendations, mediations or any kind of counseling and/or any attorney-client relationship is also governed by the terms and conditions applicable to clients of Pierce / McCoy available at www.piercemccoy.com. If you submit a legal related question to Briefcase which is outside of the scope of legal or other services by Briefcase, as determined by Briefcase and/or Pierce / McCoy, in their sole discretion, any responses, recommendations, mediations or any kind of counseling are (i) for business informational purposes only, (ii) do not constitute legal advice and (iii) do not establish any attorney-client relationship.
Conflict Waiver: Briefcase and Pierce / McCoy provide simultaneous services to all of its respective users. The provision the Briefcase Services to the potential of adverse interests involves a number of departures from professional norms, and should not be undertaken by any such you without careful consideration. In particular, you should be aware of the following:
- Under applicable rules of professional conduct, a law firm owes each of its clients a duty of loyalty, which would normally preclude any attorney from undertaking a representation adverse to any client without the affected client’s informed consent. Other rules generally prohibit an attorney from undertaking any representation involving an actual or potential conflict of interest without the informed consent of all affected parties. Such a situation exists whenever a firm represents two clients simultaneously in a situation in which their interests are actually or potentially adverse.
- The conflict of interest and the need for informed consent exist no matter how cordial the business or personal relationship between the parties currently is or is anticipated to be, and no matter how non-controversial the Briefcase Services are anticipated to be.
Accessing the Briefcase Service and Account Security
Account Security: You are solely responsible for maintaining the confidentiality, security, and correctness of your registration information. You are solely and fully responsible for all activities, liabilities, and damage that occurs under your account or password or from your failure to maintain password confidentiality. You agree that Briefcase shall not be liable for any loss or damage arising from your failure to keep your password or registration information secure. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You agree to comply with all applicable laws regarding online conduct and acceptable content.
Access: We reserve the right to withdraw or amend this Website or any Briefcase Service, and any product, service or material we provide on the Website or the Application, in our sole discretion without notice. We will not be liable to you if, for any reason, any part of or the entire Website or Briefcase Service is unavailable for your access or use at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
Registering for an account with Briefcase requires a combination of an initial registration fee and a monthly subscription fee so long as you desire and use Briefcase Services. Briefcase reserves the right to introduce various additional or increased fees in the future. You shall pay the fee rates and methods of charges we require to use the Website and Briefcase Services, which are charged to you and can be accessed and viewed through the Website. These may be modified or updated by Briefcase from time to time in its sole discretion, timing and quantity. It is your responsibility to remain informed about the current fee rates and charges for the Briefcase Services.
Cancellation and Termination: You may cancel your account with Briefcase for no charge at any time. In the event you or Briefcase terminates your access and account with Briefcase for any or no reason (1) Briefcase shall own all Intellectual Property and User Contributions as provided for herein below; and (2) your access to and use of the Website and Briefcase Services shall automatically be cancelled and cease.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses [or screen names] associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Briefcase Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Briefcase Service, including their ability to engage in real time activities through the Briefcase Service.
- Use any robot, spider or other automatic device, process or means to access the Briefcase Service for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Briefcase Service or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Briefcase Service via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
Intellectual Property Rights
The Website, Briefcase Services, and Application, and its entire contents, features and functionality (including but not limited to all information, content (whether provided by you or Briefcase), software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Briefcase, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Service do not constitute a sale or convey to you any rights, title, or interest of ownership in or related to the Briefcase Service or any intellectual property rights owned by Briefcase. Briefcase, Briefcase’ logo and all related names, logos, content (whether provided by you or Briefcase), product and service names, designs and slogans are trademarks of Briefcase or its affiliates or licensors. You must not use such marks without the prior written permission of Briefcase. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print [or download] one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
You must not:
- Modify copies of any materials from a Briefcase Service or the Website.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from a Briefcase Service or the Website.
Briefcase provides website creation services only. You will provide and are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials uploaded, posted or stored in connection with your use of the Briefcase Services (“Content”). Briefcase is not responsible for your Content.
You hereby grant Briefcase a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Briefcase Services and hereby represent and warrant that you have all the rights necessary to grant us such license. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You are encouraged to archive your Content regularly and frequently.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement: We reserve the right to (1) remove or refuse to post any User Contributions for any or no reason in our sole discretion; and (2) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted and Provided
The information presented on or through the Briefcase Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, Application, or platform, or by anyone who may be informed of any of its contents.
The Briefcase Service may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Information About You and Your Visits to the Website
Online Purchases and Other Terms and Conditions
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our prior express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send e-mails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us solely with respect to the content which they are displayed. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Website other than the homepage.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, we provide these links for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restriction: We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties: EXCEPT AS OTHERWISE PROVIDED, THE BRIEFCASE SERVICES ARE MADE AVAILABLE ON AS “AS IS” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY. BRIEFCASE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
Limitation of Liability: You acknowledge that all services sold and provided by you are separate and distinct from Briefcase Services. ACCORDINGLY, EXCEPT AS OTHERWISE PROVIDED, BRIEFCASE HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES OR PARTY PROVIDED TO YOU BY SUCH SERVICES.
Equitable Relief: Without limiting any Company rights of recourse at law or equity to the extent you have in any manner violated or threatened to violate Briefcase’ intellectual property rights, Briefcase may seek injunctive or other appropriate relief in any state or federal court in the Commonwealth of Virginia, without posting bond, and you consent to exclusive jurisdiction and venue of such courts situated therein.
Notices. We may give notice to you by email or other reasonable means. You must give notice to Briefcase by certified mail (postage pre-paid and return receipt requested) to:
c/o Pierce / McCoy
101 West Main Street, Suite 101
Norfolk, Virginia 23510