Introduction
These terms and conditions govern your use of this website; by using this website,
you accept these terms and conditions in full. If you disagree with these terms
and conditions or any part of these terms and conditions, you must not use this
website.
License to use website
You may view, download for caching purposes only, and print pages from the website
for your own personal use, subject to the restrictions set out below and elsewhere
in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- reproduce, duplicate, copy or otherwise exploit material on this website for a
commercial purpose;
- edit or otherwise modify any material on the website;
- redistribute material from this website
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the
website or impairment of the availability or accessibility of the website; or in
any way which is unlawful, illegal, fraudulent or harmful, or in connection with
any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish
or distribute any material which consists of (or is linked to) any spyware, computer
virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer
software.
You must not conduct any systematic or automated data collection activities (including
without limitation scraping, data mining, data extraction and data harvesting) on
or in relation to this website without Attorney Dave Falvey's express written
consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Attorney
Dave Falvey's express written consent.
Restricted access
Access to certain areas of this website is restricted.
Attorney Dave Falvey reserves the right to restrict access to areas of this website.
If Attorney Dave Falvey provides you with a user ID and password to enable you to
access restricted areas of this website or other content or services (including
the creation of your own user ID and password through the site's registration
system) you must ensure that the user ID and password are kept confidential.
Attorney Dave Falvey may disable your user ID and password in Attorney Dave Falvey's
sole discretion without notice or explanation.
You understand that Attorney Dave Falvey and his officers, employees, and licensees
may have access to the restricted access areas of the site and any information you
store there.
User content
In these terms and conditions, "your user content" means material (including
without limitation text, images, audio material, video material and audio-visual
material) that you submit to this website, for whatever purpose.
You grant to Attorney Dave Falvey a worldwide, irrevocable, non-exclusive, royalty-free
license to use, reproduce, adapt, publish, translate and distribute your user content
in any existing or future media. You also grant to Attorney Dave Falvey the right
to sub-license these rights, and the right to bring an action for infringement of
these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's
legal rights, and must not be capable of giving rise to legal action whether against
you or Attorney Dave Falvey or a third party (in each case under any applicable
law).
You must not submit any user content to the website that is or has ever been the
subject of any threatened or actual legal proceedings or other similar complaint.
Attorney Dave Falvey reserves the right to edit or remove any material submitted
to this website, or stored on Attorney Dave Falvey's servers, or hosted or published
upon this website.
Notwithstanding Attorney Dave Falvey's rights under these terms and conditions
in relation to user content, Attorney Dave Falvey does not undertake to monitor
the submission of such content to, or the publication of such content on, this website.
No warranties This website is provided "as is" without any representations
or warranties, express or implied. Attorney Dave Falvey makes no representations
or warranties in relation to this website or the information and materials provided
on this website. Without prejudice to the generality of the foregoing paragraph,
Attorney Dave Falvey does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
The web site is for educational purposes only. Nothing on this website constitutes, or is meant to constitute, advice of any kind.
If you require advice in relation to any legal or financial matter you should consult
Attorney Dave Falvey.
Limitations of liability
Attorney Dave Falvey will not be liable to you (whether under the law of contact,
the law of torts or otherwise) in relation to the contents of, or use of, or otherwise
in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings,
loss of contracts or business relationships, loss of reputation or goodwill, or
loss or corruption of information or data.
These limitations of liability apply even if Attorney Dave Falvey has been expressly
advised of the potential loss.
Use of this web site does not constitute and Attorney/Client relationship between any user and Attorney Dave Faley.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by
law that it would be unlawful to exclude or limit; and nothing in this website disclaimer
will exclude or limit Attorney Dave Falvey's liability in respect of any:
- death or personal injury caused by Attorney Dave Falvey's negligence;
- fraud or fraudulent misrepresentation on the part of Attorney Dave Falvey; or
- matter which it would be illegal or unlawful for Attorney Dave Falvey to exclude
or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability
set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
You accept that, as a limited liability entity, Attorney Dave Falvey has an interest
in limiting the personal liability of its officers and employees. You agree that
you will not bring any claim personally against Attorney Dave Falvey's officers
or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of
warranties and liability set out in this website disclaimer will protect Attorney
Dave Falvey's officers, employees, agents, subsidiaries, successors, assigns
and sub-contractors as well as Attorney Dave Falvey.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable
under applicable law, that will not affect the enforceability of the other provisions
of this website disclaimer.
Indemnity
You hereby indemnify Attorney Dave Falvey and undertake to keep Attorney Dave Falvey
indemnified against any losses, damages, costs, liabilities and expenses (including
without limitation legal expenses and any amounts paid by Attorney Dave Falvey to
a third party in settlement of a claim or dispute on the advice of Attorney Dave
Falvey's legal advisers) incurred or suffered by Attorney Dave Falvey arising
out of any breach by you of any provision of these terms and conditions, or arising
out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Attorney Dave Falvey's other rights under these terms and
conditions, if you breach these terms and conditions in any way, Attorney Dave Falvey
may take such action as Attorney Dave Falvey deems appropriate to deal with the
breach, including suspending your access to the website, prohibiting you from accessing
the website, blocking computers using your IP address from accessing the website,
contacting your internet service provider to request that they block your access
to the website and/or bringing court proceedings against you.
Variation
Attorney Dave Falvey may revise these terms and conditions from time-to-time. Revised
terms and conditions will apply to the use of this website from the date of the
publication of the revised terms and conditions on this website. Please check this
page regularly to ensure you are familiar with the current version.
Assignment
Attorney Dave Falvey may transfer, sub-contract or otherwise deal with Attorney
Dave Falvey's rights and/or obligations under these terms and conditions without
notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations
under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other
competent authority to be unlawful and/or unenforceable, the other provisions will
continue in effect. If any unlawful and/or unenforceable provision would be lawful
or enforceable if part of it were deleted, that part will be deemed to be deleted,
and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions constitute the entire agreement between you and Attorney
Dave Falvey in relation to your use of this website, and supersede all previous
agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with
the State of Connecticut, and any disputes relating to these terms and conditions
will be subject to the exclusive jurisdiction of the courts of the State of Connecticut.