Last updated April 15, 2013
Welcome to the Stoll Keenon Ogden PLLC (“SKO”) website. This website is offered to you, and its use by you is, conditioned upon your acceptance without modification of all of the terms and conditions set forth below (collectively, the “Terms”). By accessing or using this website in any manner, you agree to be bound by these Terms. Please read these Terms carefully. If you do not accept all of these Terms, please do not use this website. You will need to return to this page periodically to review the most current version of the Terms. We reserve the right at any time to change or otherwise modify these Terms without prior notice and your continued access or use of this website signifies your acceptance of the updated or modified Terms.
Table of Contents
If, at any time, you do not wish to accept these Terms, you may not access, link to, or use the website. Any terms and conditions proposed by you which are in addition to, or which conflict with, these Terms are expressly rejected by SKO and shall be of no force or effect. You can determine when we last changed the Terms by referring to the “Last Updated” legend above.
This website is operated from the United States of America and is not intended to be subject to non-U.S. jurisdiction or laws. If you access the website, you do so at your own risk, and you are responsible for complying with all local laws where you reside or where you access the website. We do not represent the content or materials present in the website are appropriate for use in other locations. We may limit the availability of the website in whole or in part to any person, location or jurisdiction we choose at any time.
4. Purpose of Website
Our website is designed to provide visitors to the site with information concerning the legal services we offer, our attorneys and their experience, employment opportunities, the history of our firm and other materials concerning our firm. For example, through the website, visitors may access articles prepared by our attorneys, seminars in which our attorneys are involved and news items related to the firm.
While much of the information on the site relates to legal issues, it is not legal advice. Use of the website is not intended to constitute, and does not constitute, solicitation for the formation of an attorney-client relationship. No attorney-client relationship is created by your use of the website. In addition, neither access to or receipt of information from this website, nor any email or other electronic communication sent through this website, will create an attorney-client relationship. Any such email or electronic communication will not be treated as confidential. No user of this website should act or refrain from acting on the basis of information included on this website without seeking advice of legal counsel in the applicable jurisdiction. SKO expressly disclaims any liability relating to actions taken or not taken based on any contents of this website.
5. Information You Submit
6. Use of the Website; Rules of Conduct
In using the website, you must comply with all applicable laws. Your use of the website is conditioned on your compliance with the rules of conduct.
The following restrictions apply to the use of the website. You agree that you will not, under any circumstances:
·Use the website for any fraudulent or unlawful purpose or in any way that we deem to be in conflict with the spirit or intent of the website;
·Use the website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the website;
·Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity; or state or imply that we endorse any statement you make;
·Restrict or inhibit any other person from using the website;
·Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the website;
·Interfere with or disrupt the operation of the website or the servers or networks through which the website operates;
·Transmit or otherwise make available in connection with the website any virus, worm, Trojan horse, Easter egg, time bomb, spyware, malware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
·Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the website;
·Remove any copyright, trademark or other proprietary rights notice from the website or materials originating from the website;
·Frame or mirror any part of the website without our express prior written consent;
·Create a database by systematically downloading and storing content from the website;
·Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather content from the website or reproduce or circumvent the navigational structure or presentation of the website. Notwithstanding the foregoing, SKO grants the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances.
Without limiting any other remedies, SKO may limit, suspend, terminate or modify access to the website or portions thereof, with or without notice to you, if SKO suspects that you are failing to comply with any of these terms or for any actual or suspected illegal or improper use of the website or the services.
The website, including without limitation any computer code, software, themes, objects, photographs, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, audio-visual effects, methods of operation, moral rights, documentation, profile information and recordings, are works owned or licensed by Stoll Keenon Ogden PLLC. SKO reserves all rights, including without limitation all intellectual property rights or other proprietary rights, in connection with the website and its content.
Your information, and the contents of all of your online communications (including without limitation communications, IP addresses and your personal information) may be accessed and monitored as necessary and may be disclosed: (a) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (b) to satisfy any applicable laws or regulations; (c) if we believe that the website is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection; (d) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (e) in order to protect the rights or property of SKO, including to enforce these Terms. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
8. Accuracy of Information
SKO attempts to ensure that information on this website is accurate, complete and current. However, information on the website may at times be inaccurate, incomplete or out of date. We make no representations as to whether any information is accurate, complete or current.
9. Links to Other Websites
10. Disclaimers / Limitations
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, AND ALL GOODS, SERVICES AND INFORMATION MADE AVAILABLE THROUGH THIS WEBSITE ARE AT YOUR SOLE RISK AND ARE PROVIDED “AS IS” WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NEITHER SKO NOR ITS EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, LICENSEES OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) WILL SKO BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, THAT ARISES OUT OF OR ARE RELATED TO THE USE OF, OR INABILITY TO USE, THE WEBSITE OR INFORMATION THEREIN.
Except to the extent prohibited under applicable law, you indemnify and hold SKO harmless from any claims, losses, damages and liabilities, including legal fees and expenses, arising out of your use or misuse of the website or activities connected with the website or any violation by you of these Terms. SKO reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify SKO, and you agree to cooperate with SKO’s defense of these claims. SKO will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of the website.
12. Law and Forum for Legal Disputes
These Terms and any dispute arising out of or related to them or the Service shall be governed in all respects by the laws of the Commonwealth of Kentucky as they apply to agreements entered into and to be performed entirely within Kentucky between Kentucky residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against SKO must be resolved exclusively by a state or federal court located in Kentucky. You agree to submit to the personal jurisdiction of the courts located within Kentucky for the purpose of litigating all such claims or disputes.
14. General Provisions
Except as expressly and specifically set forth in this these Terms, no representations, statements, consents, waivers or other acts or omissions by SKO shall be deemed a modification of these Terms nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of SKO.
Equitable Remedies. You acknowledge that the rights granted and obligations made under these Terms to SKO are of a unique and irreplaceable nature, the loss of which shall irreparably harm SKO and which cannot be replaced by monetary damages alone. Accordingly, SKO shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.