Last Updated July 27, 2020
By accessing and using the Website, whether or not to contact us or request our services, you hereby acknowledge that you have read, understand, and agreed to the Terms. If you do NOT accept the Terms, you must neither access nor otherwise use the Website. The Firm hereby reserves the right to alter or update the Terms at the Firm’s sole discretion and without notice to you. Such alterations or updates to the Terms shall be effective immediately upon posting upon the Website. You agree to be bound by such altered and updated terms if you access or use this Website after the Firm has posted notice of alterations or updates. Any future amendments to the Terms will be located at https://zlatkinwong.com/terms-of-use.
2. Residency and Required Age.
The Website is intended to be accessed and utilized by Users who have attained the age of majority in their respective state or province. By accessing and using the Website, you hereby represent, warrant, and affirm that you are either at least 18 years of age, an emancipated minor, or have acquired your parent or guardian’s consent. You hereby affirm that you are, at a minimum and without exception, 16 years old. The Website is not intended to be accessed or utilized by children less than 16 years of age.
THIS WEBSITE: (I) IS NOT A SUBSTITUTE FOR PROFESSIONAL LEGAL ADVICE; (II) IS NOT INTENDED TO, AND DOES NOT CREATE, ANY ATTORNEY-CLIENT RELATIONSHIP; AND (III) IS NOT A SOLICITATION TO OFFER LEGAL ADVICE. THE INTERNET IS INHERENTLY INSECURE, AND WE ENCOURAGE YOU TO AVOID DISCLOSING ANY CONFIDENTIAL INFORMATION TO US THROUGH THE WEBSITE. WE ASSUME NO RESPONSIBILITY FOR THE ACCURACY OR TIMELINESS OF ANY INFORMATION PROVIDED HEREIN. THIS WEBSITE AND INFORMATION CONTAINED HEREIN IS FOR INFORMATIONAL PURPOSES ONLY, IS NOT LEGAL ADVICE, AND IS NOT A SUBSTITUTE FOR ACTUAL LEGAL COUNSEL. YOU SHOULD NOT ACT UPON INFORMATION CONTAINED ON THIS WEBSITE WITHOUT FIRST SEEKING ACTUAL PROFESSIONAL COUNSEL. WE ARE PROVIDING THE WEBSITE, THE INFORMATION, THE LISTINGS, AND THE LINKS CONTAINED HEREIN ONLY AS A CONVENIENCE TO YOU. SOME OF THE CONTENT OF THIS SITE IS CONSIDERED ADVERTISING MATERIAL UNDER THE APPLICABLE RULES OF CERTAIN STATES AND YOU UNDERSTAND THAT PRIOR RESULTS DO NOT GUARANTEE SIMILAR OUTCOMES.
5. Proprietary Rights.
a. Ownership. All Website content, including, but not limited to, intellectual property and any content you may provide through the Website, are protected under international law and are owned by the Firm or the Firm’s licensors. All rights not expressly granted under these Terms are reserved by the Firm and the Firm’s licensors.
b. Limited License. The Firm hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicenseable right to use the Website solely subject to the Terms. You agree not to sell, license, modify, distribute, reproduce, publicly display, or perform, publish, or create derivative works from content available on the Website.
c. Termination. Any rights granted to you under the section shall immediately terminate upon your breach of the Terms.
6. Prohibited Use and Conduct.
You agree NOT to: (i) use any content or information available through the Website for any unauthorized purpose; (ii) interfere with or damage the Website including, without limitation, through the use of viruses, spyware, malware, harmful code, flood pings, denial of service attacks, packet or intellectual property (IP) spoofing, forged routing, or methods that in any way reproduce or circumvent the navigational structure or presentation of the Website or the Website’s contents; (iii) collect, store, or distribute any information about any other user other than in the course of the permitted use of the Website; (iv) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third-party privacy rights; (v) impersonate any person, company, or entity; (vi) modify, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Website or any software used on or for the Website; (vii) attempt to gain unauthorized access to the Website or the Website’s related systems or networks; or (viii) assist any third-party in doing any of the foregoing.
7. Errors, Corrections, and Changes.
We do not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Website will be correct, accurate, timely or otherwise reliable. The law is constantly changing and the information may not be complete or accurate depending on your particular legal issue. Each legal issue depends on its individual facts and different jurisdictions have different laws and regulations. We may make changes to the features, functionality, or content of the Website at any time and without notice to you. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website.
8. Limits on Liability.
THE FIRM AND THE FIRM’S AFFILIATES, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS, AND ASSIGNS (TOGETHER WITH THE FIRM, “FIRM PARTIES”) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO: (I) THE WEBSITE’S AVAILABILITY; (II) THE ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR THIRD-PARTY, WHETHER ONLINE OR OFFLINE; (III) ANY WEBSITE CONTENT; (IV) ANY PRODUCTS OR INFORMATION ACQUIRED AS A RESULT OF ANY TRANSACTION ENTERED INTO THROUGH THE WEBSITE; OR (V) ANY USE OF PRODUCTS OR SERVICES MADE AVAILABLE ON ANY INTERNET RESOURCE OR WEBPAGE LINKED TO THE WEBSITE. THE FIRM PARTIES SHALL NOT BE HELD RESPONSIBLE FOR TECHNICAL MALFUNCTIONS OF ANY TELEPHONE SYSTEM, CABLE SYSTEM, COMPUTER EQUIPMENT, SERVER, PROVIDER, OR SOFTWARE. THE FIRM PARTIES SHALL NOT BE HELD RESPONSIBLE FOR ANY INJURY OR DAMAGE TO YOU COMPUTER RESULTING FROM USE OF THE WEBSITE INCLUDING, BUT NOT LIMITED TO, WEB PAGE VIEWING, FILE DOWNLOADING, GAME SERVER USE OR ACCESS, OR FOLLOWING WEBSITE LINKS. YOU ACKNOWLEDGE THAT YOU ACCESS THE WEBSITE AT YOUR OWN RISK AND THAT YOU ARE SINGULARLY RESPONSIBLE FOR ANY LOSS, DAMAGE, OR COSTS INCURRED DURING SUCH ACTIVITY. THE FIRM PARTIES SHALL NOT BE RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE, REGARDLESS OF THE CAUSE OF SUCH INACCURACY. THE FIRM PARTIES SHALL NOT BE RESPONSIBLE FOR ANY CONDUCT OF ANY USER OF THE WEBSITE. THE FIRM PARTIES SHALL NOT BE RESPONSIBLE FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OPERATIONAL DELAY, COMMUNICATION LINE FAILURE, OR THEFT, DESTRUCTION, OR ALTERATION OF YOUR COMMUNICATIONS TO OR THROUGH THE WEBSITE. NO DATA OR INFORMATION OBTAINED FROM THE FIRM PARTIES SHALL CREATE ANY WARRANTY.
THE FIRM PARTIES’ AGGREGATE LIABILITY TO YOU OR ANY THIRD-PARTY, IN ANY MATTER ARISING FROM OR RELATED TO THE WEBSITE OR THE TERMS, SHALL NOT EXCEED THE SUM OF ONE HUNDRED DOLLARS ($100.00).
YOUR ACCESS OR USE OF ANY THIRD-PARTY WEBSITE OR INTERNET RESOURCE LINKED TO OR FROM THE WEBSITE, OR YOUR USE OF PRODUCTS OR SERVICES FROM THIRD-PARTY WEBSITES OR INTERNET RESOURCES LINKED TO OR FROM THE WEBSITE, IS MADE AT YOUR OWN RISK. YOU HEREBY RELEASE THE FIRM PARTIES FROM ANY DAMAGES YOU SUFFER FROM YOUR ACCESS TO THIRD-PARTY WEBSITES OR INTERNET RESOURCES, AND YOU AGREE NOT TO MAKE ANY CLAIMS AGAINST THE FIRM PARTIES ARISING FROM ANY PURCHASE OR ACQUISITION OF PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE WEBSITE OR THOUGH THIRD-PARTY WEBSITES OR INTERNET RESOURCES.
THE FIRM PARTIES SHALL NOT BE LIABLE FOR ANY FAILURE OR PERFORMANCE DELAY UNDER THE TERMS DUE TO CIRCUMSTANCES BEYOND THE FIRM PARTIES’ CONTROL INCLUDING, BUT NOT LIMITED TO, NATURAL CATASTROPHES, GOVERNMENTAL ACTS, LAWS, OR REGULATIONS, TERRORISM, LABOR STRIKES, OR DIFFICULTIES, COMMUNICATION SYSTEM INTERRUPTIONS, PANDEMIC OR EPIDEMIC, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION INTERRUPTIONS, OR ANY INABILITY TO ACQUIRE MATERIALS OR SUPPLIES.
9. Suspension / Termination.
We, in our sole and unfettered discretion, may suspend or terminate all or part of your access to the Website for any reason including, without limitation, your breach of these Terms. You agree that any suspension or termination of your access to the Website may be effected without prior notice, and you agree that we may bar your subsequent access to the Website. You agree that we shall not be liable to you or any third-party for any costs or damages of any kind for or resulting from any suspension or termination of your Website access. We reserve the right to block users from certain IP addresses from accessing the Website.
10. Dispute Resolution Protocol.
b. Negotiations. In the event any dispute arises, the parties agree to first attempt to negotiate the resolution of any dispute for at least thirty (30) days before initiating any arbitration or court proceeding.
Except as otherwise explicitly set forth in this Agreement, this Agreement is the entire agreement between the parties hereto, and replaces any and all prior negotiations, representations, or agreements between the parties, whether oral, electronic, or written, pertaining to the Website use outlined herein. If a User has become a client of the Firm, such User’s relationship with the Firm shall also be governed by the terms of any engagement letter entered into between such User and the Firm (“Engagement Letter”). To the extent that this Agreement does not contradict a User’s Engagement Letter with the Firm, this Agreement shall be deemed to have been integrated into the Engagement Letter. In the event of a conflict between the provisions of this Agreement and an Engagement Letter, the terms of the Engagement Letter shall govern, but solely to the extent of any such conflict. If any provision – or portion of a provision – of this Agreement is held invalid, unenforceable, or void, the remainder of the Agreement shall remain unaffected and shall continue in full force and effect. The parties acknowledge that they have not relied on any promise, representation, or warranty, express or implied, not contained in this Agreement. No waiver or any breach of this Agreement shall be construed as a continuing waiver or consent to any subsequent breach hereof. This Agreement is not intended, and will not be construed, to render the Firm, User, or any third parties as joint venturers or co-owners.