Greenwood Office:
3209 W. Smith Valley Rd., Ste. 134-4 Greenwood, Indiana 46142
Firm Phone Number:
+1 317 213 0070Attorney Email:
david@lekseharter.com
WEBSITE TERMS OF USE AND PRIVACY POLICY
1. Acceptance of the Terms of Use. These terms of use are entered into by and between you and Kirk Law Office, LLC d/b/a Kirk Law Office (the ”Firm”). The following terms and conditions (“Terms of Use”), govern your access to and use of www.skirklawoffice.com, including any content, functionality, and services offered on or through www.skirklawoffice.com (the “Website”). Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. The Firm may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when posted. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. The Firm does not intentionally collect or maintain information submitted online via the Website by anyone under the age of 18.
1.1 Attorney-Client Relationship. Your access of the Website or submission of information to the Firm through it does not give rise to the attorney-client relationship.
2. Access. The Firm may withdraw or amend this Website, and any service or material on it, without notice, and from time to time, the Firm may restrict access to some parts or all the Website, but the Firm will not be liable to you for such changes or the lack of access.
2.1 Providing Information. You may be asked to provide certain contact information or other details and, if you choose to do so, you affirm any information you submit to the Firm is correct, current, and complete. You further agree that all information you provide to register with this Website or otherwise, including but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy.
3. Intellectual Property Rights. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Firm, 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 Use permit you to use the Website for your personal, non-commercial use only. 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 to the extent required by your computer system hardware and software to access and use the Website for your personal use.
4. Prohibited Uses. You may use the Website only for lawful purposes and in accordance with these Terms of Use and Privacy Policy. Additionally, you agree not to: (a) use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website; (b) use any manual process to monitor or copy any of the material on the Website, without our prior written consent; (c) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; or (d) otherwise attempt to interfere with the proper working of the Website.
5. Reliance on Information Posted. The information presented on or through the Website is made available solely for general information and advertisement purposes. The Firm does not warrant the completeness or usefulness of this information and no information posted or provided by the Firm is intended to provide legal guidance or a legal opinion as to any general or specific issue. This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Firm, are solely the opinions and the responsibility of the person or entity providing those materials. Third party materials do not necessarily reflect the opinion of the Firm and the Firm is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only and you may use them at your risk.
6. Information About You and Your Visits to the Website. All information collected on this Website is subject to the Privacy Policy. By using the Website, you consent to all actions taken by the Firm with respect to your information in compliance with the Privacy Policy.
7. 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 express written consent. Further you agree that, if the Firm requests you to remove any such link, that you will do so and act without delay. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. The Firm may withdraw linking permission from you without notice and for any reason or no reason at all.
8. Geographic Restrictions. The owner of the Website is based in the state of Indiana in the United States. This Website is provided for use only by persons located in the United States and residents of Indiana or business doing business in Indiana.
9. Disclaimer of Warranties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, THE FIRM IS NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
10. Limitation on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE FIRM, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR OFFICERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF FORESEEABLE.
11. Indemnification; Attorneys’ Fees. You agree to defend, indemnify, and hold harmless the Firm, its affiliates, licensors, and service providers, and its and their respective officers, members, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use, Privacy Policy, or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website. You also agree to pay the Firm’s expenses, including any reasonable attorneys’ fees, incurred related to or arising from your breach of the Terms of Service or Privacy Policy.
12. Governing Law and Jurisdiction. All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Indiana. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
13. Limitation on Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
14. Waiver and Severability. No waiver by the Firm of any term or condition set out in these Terms of Use or Privacy Policy shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Firm to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use or Privacy Policy will continue in full force and effect.
15. Entire Agreement. The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and the Firm regarding the Website and its contents, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and its contents.
16. Website Privacy Policy. This Section 16 and its subparts describes the types of information the Firm may collect from you or that you may provide when you visit the Website and our practices for collecting, using, maintaining, protecting, and disclosing that information (the “Privacy Policy”). This policy applies to information the Firm collects: (a) on this Website; and (b) in email, text, and other electronic messages between you and this Website. Please read this policy carefully to understand our policies and practices regarding your information and it is treated. If you do not agree with the Firm’s policies and practices, your choice is not to use our Website, and, thus, by accessing or using this Website, you agree to this Privacy Policy. This policy may change from time to time.
16.1 Information Collected About You. The Firm, through this Website, collects several types of information from and about users of it, including information by which you may be personally identified, such as name, e-mail address, telephone number, or as you may provide (”personal information”), and about your internet connection, the equipment you use to access our Website and usage details. That information is collected directly from you when you provide it to us and automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
16.2 Information Collected Through Automatic Data Collection Technologies. As you navigate through and interact with the Website, the Firm may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including details of your visits to our Website, and information about your computer and internet connection, including your IP address, operating system, and browser type. The information collected automatically by the Firm may include personal information, and we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve the Website and to deliver a better and more personalized service, including by enabling us to estimate our audience size and usage patterns.
The technologies used by the Firm for automatic data collection may include: (a) Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website; (b) Flash Cookies. Certain features of our Website may use local stored objects (or flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies; (c) Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
16.3 Third-Party Use of Tracking Technologies. Some content or applications on the Website may be served by third-parties, including servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. The Firm does not control these third parties’ tracking technologies or how they may be used.
16.4 How the Firm Uses Your Information. The Firm uses information that it collects about you or that you provide to us, including any personal information: (a) to present our Website and its contents to you; (b) to provide you with information, products, or services that you request from us; (c) to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; and (d) for any other purpose to which you provide consent.
16.5 Disclosure of Your Information. The Firm does not disclose aggregated information about its users of the Website, information that does not identify any individual, personal information or any other information you submit to us. The Firm may disclose personal information that it collects, or you provide with your consent. Subject to the Rules of Professional Responsibility, the Firm may also disclose your personal information: (a) to comply with any court order, law, or legal process, including to respond to any government or regulatory request; or (b) to enforce or apply the Terms of Service and other agreements, including for billing and collection purposes.
16.6 Accessing and Correcting Your Information. You may also send the Firm an email to request access to, correct or delete any personal information that you have provided to the Firm. The Firm may not accommodate a request to change or delete information, if such change or deletion may violate any law or legal requirement or cause the information to be incorrect.
16.7 Data Security. The Firm has implemented reasonable measures designed to secure your personal information (and other information you submit) from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the internet or email is not completely secure. Although the Firm works to protect your information, it cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. The Firm is also not responsible for circumvention of any privacy settings or security measures contained on the Website.
17. Questions; Version Date. To ask questions or comment about the Terms of Service, Privacy Policy or the Firm’s privacy practices, contact us at the information provided on the primary page. Dated: February 18, 2019.