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CAFA Law Blog Information, cases and insights regarding the Class Action Fairness Act of 2005

Terms of Use

1. INTRODUCTION
Welcome to the CAFA Blog, which is owned and operated by McGlinchey Stafford. Before using this Web Site, please carefully read the Terms of Use set forth below. By accessing, browsing and/or using this site (hereinafter the “Web Site”), you acknowledge that you have read, understand, and agree to be bound by these terms and to comply with all applicable laws and regulations. You may not modify the terms, conditions, and notices contained herein. If you do not agree to the Terms of Use or find it to be unacceptable, in any manner whatsoever, you must immediately discontinue your use of this Web Site.

2. WEB SITE RULES
McGlinchey Stafford makes available to you this Web Site, including its discussion forum, provided that you agree to and actually abide by the Terms of Use, including that you agree not to:

a. Violate any applicable law, code, regulation or rule or to plan, encourage or help others violate any applicable law, code, regulation or rule;

b. Use the Web Site for commercial purposes or engage in activity that competes directly with the Web Site;

c. Harass, insult, offend, threaten, intimidate, embarrass, distress or invade the privacy of any individual or entity;

d. Post on or transmit through this Web Site any commercial, advertising or promotional materials, including without limitation, “spam” or mass distributions;

e. Post or transmit false, unlawful, inappropriate, improper, disorderly, defamatory, obscene, vulgar, pornographic, profane indecent or excessive messages or information;

f. Provide false or misleading information about another person, entity or yourself, including, but not limited to impersonating any person or entity or falsely stating or otherwise is representing your professional or other affiliation with any person or entity;

g. Post any or provide a link to any material that infringes upon any third party’s copyright, trademark, patent or other intellectual property rights;

h. Restrict, interfere or inhibit any other user from using or enjoying the Web Site;

i. Post or transmit any information, e-mail, software or other material which contains a virus, Trojan horse or other harmful component;

j. Post or transmit any content that encourages or provides instructional activities about illegal activities;

k. Resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database;

l. Use the Web Site to collect personally identifying information about users of the Web Site.

The above list is illustrative of prohibited conduct and not an exhaustive listing. If you violate such terms, or engage in other conduct that McGlinchey Stafford, in its sole and exclusive discretion, concludes constitutes prohibited conduct, McGlinchey Stafford may, without prior notice and without liability to you or any third party, ban you from any and all services, delete your messages or postings, and take any other action we deem appropriate. Under these circumstances, your right to use the Web Site immediately ceases. You shall have no right and McGlinchey Stafford will have no obligation thereafter to forward any unread or unsent messages to you or any third party.

McGlinchey Stafford reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this Web Site, including the right to block access from a particular Internet address to the Web Site.

Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms of Use.

3. NOTICE
All notices to a party shall be in writing and shall be made either via email or conventional mail. McGlinchey Stafford may broadcast notices or messages through the Web Site to inform you of changes to the Terms of Use, or other matters of importance. Such broadcasts shall constitute notice.

4. PRIVACY

4.1 Your Privacy
McGlinchey Stafford is committed to the protection of your privacy, and will treat all of the information you provide through any Web Site with the utmost respect. McGlinchey Stafford works diligently to ensure that it has taken all appropriate administrative and technical measures to prevent the unauthorized or unlawful use of your personally identifiable information, and to prevent any accidental loss or destruction of, or damage to, such information. McGlinchey Stafford will not sell or disclose personally identifiable information about you to unaffiliated third parties except, (1) in accordance with these Terms of Use, (2) if you provide permission, or (3) as required by law.

4.2 Collection of Information.
As with many Web Sites, this Web Site collects certain information about visitors, even when they are not logged in. McGlinchey Stafford may record your IP address, the URLs of the Web Sites and pages you visit (before, during and after your visit to any Web Site), the times and dates of such visits, information about the computer hardware and software you use and other information that may be available. Also, McGlinchey Stafford may place “cookies” on your computer to recognize you on return visits to enable McGlinchey Stafford to enhance your browsing experience, as well as to collect additional information about you. You may adjust your browser settings or use other means to prevent cookies from being placed on your computer, but doing so may result in reduced functionality and a less personalized browsing experience.
During registration and at other times when you visit the Web Site, McGlinchey Stafford may ask you to provide certain additional information about yourself, including your name, contact information, the organization you come from and certain other information that McGlinchey Stafford may use to identify you.

4.3 Use of Information.
McGlinchey Stafford uses the information that it collects about you to improve your browsing experience by personalizing the Web Site to your interest, and also to help McGlinchey Stafford select Content and Services that you may find interesting and useful. Information about the Content you visit and Services you use may be used alone or in conjunction with information collected from other users to help McGlinchey Stafford tailor the Web Site to better suit the needs and interests of you and other users.

Information that you provide may also be used as part of McGlinchey Stafford’s effort to keep you informed about events, special offers and selected products and services that may be of interest to you.

Please note McGlinchey Stafford reserves the right to disclose any information that it obtains through the Web Site to appropriate governmental or regulatory authorities, if required by law or any governmental agency.

5. COPYING
You may view this Web Site and you are welcome to print hard copies of material on it solely for your lawful, personal, non-commercial use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws world-wide. Furthermore, you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes, without our prior written consent. All other rights are reserved.

6. PROPRIETARY RIGHTS
Do not send confidential or proprietary information to McGlinchey Stafford. McGlinchey Stafford does not want to receive such information from you. Any information or materials sent to McGlinchey Stafford is deemed to be not confidential and by sending any information or materials, posting messages, uploading files, inputting data, or engaging in any form of communication on the Web Site, you grant McGlinchey Stafford and the public an unrestricted, royalty free, irrevocable, perpetual, non-exclusive, worldwide license to use, copy, modify, adapt, document, reproduce, sublicense, display, perform, transmit and distribute those materials or information or any underlying work in which you may possess proprietary rights, including, but not limited to, copyright rights; likewise, you agree that McGlinchey Stafford is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

You and all other users of the Web Site are therefore deemed to have disclaimed or waived all copyright ownership rights in their messages or files, even if they contain copyright notices. You shall have absolutely no recourse against McGlinchey Stafford for any alleged or actual infringement of any proprietary rights to which you may claim ownership.

Your use of the Web Site affords you access to many of the features of our system, but some aspects of our system remain within our exclusive proprietary control. We or our suppliers own the intellectual property rights to any and all protectable components of our system, including but not limited to the computer software, the related documentation, the “look and feel,” the end-user interfaces, the name of our system, many of the individual features, databases, and the collective works consisting of sequences of all hypertext links and public messages on our system. You may not reproduce any sequence of messages from our system, either electronically or in print, without our permission. You may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the system which we or our suppliers own.

7. GENERAL DISCLAIMERS; DISCLAIMERS OF WARRANTY
The services and content provided on this Web Site may be outdated, incomplete, inaccurate, contain typographical errors, or otherwise in error; such faults may be the result of human or mechanical error or failure. Such content includes, but is not limited to, all information, documents, graphics and images contained on this Web Site.

McGlinchey Stafford is not obligated and makes no commitment or promises to modify, update or correct what is contained in or through this Web Site. Furthermore, McGlinchey Stafford reserves the right to temporarily or permanently modify, alter, discontinue or delete any information contained on the Web Site without prior notice.

NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION FOUND ON OR THROUGH THE WEB SITE TO A PARTICULAR SITUATION. ALL INFORMATION SHOULD BE INDEPENDENTLY VERIFIED BEFORE BEING RELIED UPON. MCGLINCHEY STAFFORD DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, OR INACCURACY OF LAW OR FACT IN THE INFORMATION OR DOCUMENTS PRESENTED, PREPARED OR CONTAINED ON THIS WEB SITE.

THE WEB SITE AND INFORMATION PROVIDED ON, FROM OR THROUGH THE WEB SITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY OR THROUGH THE WEB SITE. THE INFORMATION PROVIDED ON, FROM OR THROUGH THE WEB SITE MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS.

MCGLINCHEY STAFFORD DOES NOT WARRANT THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN OR DOWNLOAD FROM THE WEB SITE IS FREE OF VIRUSES, WORMS OR TROJAN HORSES. THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. MCGLINCHEY STAFFORD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT CONTAINED ON THIS SITE, REGARDLESS OF THE REASON FOR OR CAUSE OF ANY ERROR OR OMISSION. IT IS POSSIBLE THAT THE ORIGINAL FORM OF THE INFORMATION OR DOCUMENTS MADE AVAILABLE DIFFERS FROM THAT PRESENTED ON THIS OR ANY LINKED WEB SITE BECAUSE OF ALTERATION, MECHANICAL FAILURE, ERROR IN TRANSMISSION, FAILURE IN REPRODUCTION, OR FOR OTHER REASONS.

The law firms and companies included or described on the Web Site are not associated or affiliated with McGlinchey Stafford. McGlinchey Stafford does not certify or endorse any such law firm or company, nor do the law firms and companies endorse the information provided on this site. McGlinchey Stafford does not represent or endorse the accuracy or reliability of any information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the law firms or companies listed on this Web Site, nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with this Web Site or that of a law firm or company listed on this Web Site. You hereby acknowledge that any reliance upon any information, content or advertisements on this Web Site or that of any law firm or company shall be at your sole risk. McGlinchey Stafford reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of this Web Site.

McGlinchey Stafford makes no representation that materials on the Web Site are appropriate or available for use in all geographic locations, including those outside the United States, and accessing them from territories where Web Site contents are illegal is prohibited. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

8. HYPERTEXT LINK DISCLAIMER
THIS WEB SITE CONTAINS LINKS TO OTHER WEB SITES, WHICH ARE PROVIDED FOR YOUR CONVENIENCE. THE LINKS CONTAINED ON THIS WEB SITE LET YOU LEAVE THIS WEB SITE. WHEN YOU ACCESS A LINKED WEB SITE, PLEASE UNDERSTAND THAT IT IS INDEPENDENT FROM MCGLINCHEY STAFFORD , AND THAT MCGLINCHEY STAFFORD HAS NO CONTROL OVER THE CONTENT ON THAT WEB SITE.

MCGLINCHEY STAFFORD MAKES NO REPRESENTATIONS WHATSOEVER ABOUT ANY OTHER WEB SITE WHICH YOU MAY ACCESS THROUGH MCGLINCHEY STAFFORD . THE CONTENT ON THESE SITES AND THE INFORMATION PROVIDED HAS NOT BEEN APPROVED, VERIFIED OR COMPLETELY REVIEWED BY MCGLINCHEY STAFFORD . MCGLINCHEY STAFFORD DOES NOT CONTROL OR GUARANTEE THE ACCURACY, VALUE, INTEGRITY, AUTHENTICITY, RELEVANCE, TIMELINESS, CURRENTNESS OR COMPLETENESS OF THIS CONTENT OR INFORMATION. THE INFORMATION CONTAINED ON LINKED SITES IS BELIEVED TO BE TRUE BUT NOT GUARANTEED; IT SHOULD BE INDEPENDENTLY VERIFIED BEFORE BEING RELIED UPON. AGAIN, MCGLINCHEY STAFFORD IS PROVIDING THESE LINKS TO OTHER INTERNET SITES AS A CONVENIENCE TO YOU AND FOR REFERENCE ONLY. ACCESS TO ANY OTHER LINKED INTERNET SITES LINKED IS AT YOUR OWN RISK. MCGLINCHEY STAFFORD MAKES NO REPRESENTATION OR WARRANTY CONCERNING THE QUALITY OR ANY OTHER CHARACTERISTIC OF THESE SITES.

THE INCLUSION OF LINKS TO EXTERNAL SOURCES IS NOT INTENDED TO REFLECT THEIR IMPORTANCE, NOR IS IT INTENDED TO ENDORSE ANY VIEWS EXPRESSED, OR PRODUCTS OR SERVICES OFFERED, ON THESE OUTSIDE SITES, OR THE ORGANIZATIONS SPONSORING THE SITES. THE CONTENT AVAILABLE ON ANY LINKED INTERNET SITE DO NOT NECESSARILY REFLECT THE OPINION OF MCGLINCHEY STAFFORD.

THESE LINKS MAY LEAD TO SITES OR LINKS THAT CONTAIN OFFENSIVE AND OBJECTIONABLE CONTENT OR WHICH MAY CONTAIN DANGEROUS COMPUTER VIRUSES. IT IS UP TO YOU TO TAKE PRECAUTIONS TO ENSURE THAT WHATEVER YOU SELECT FOR YOUR USE IS FREE OF SUCH ITEMS AS VIRUSES, WORMS, TROJAN HORSES AND OTHER ITEMS OF A DESTRUCTIVE NATURE. YOU ASSUME, AND WE HEREBY DISCLAIM, ALL RESPONSIBILITY FOR ANY OF THE CONTENT ON THESE SITES OR FOR ANY DAMAGE SUSTAINED BY USERS OF THESE SITES.

MCGLINCHEY STAFFORD IS NOT RESPONSIBLE FOR THE PRIVACY PRACTICES, LIMITATIONS, OR TERMS OF USE OF ANY LINKED SITE.

You should contact the site administrator or Webmaster of the linked-to site if you have any concerns regarding a linked site.

For your convenience, some links contained on this Web Site may be to web pages other than a web site’s home page (hereinafter referred to as “Deep Links”). Deep Links may bypass other pages of a web site or information relating directly or indirectly to the page or information that is Deep Linked. YOU ARE SOLELY RESPONSIBLE FOR ANY PAGE OR INFORMATION THAT RELATES TO THE DEEP LINKED PAGE OR INFORMATION. THAT INFORMATION INCLUDES, BUT IS NOT LIMITED TO, LOCATING (WHEREVER FOUND ON THE LINKED SITE) AND REVIEWING ANY AND ALL DISCLAIMERS, OTHER LIMITATION OF RIGHTS, OR INFORMATION PERTAINING TO THE LINKED SITE AND/OR THE INFORMATION PROVIDED ON, BY OR THROUGH THE LINKED SITE.

9. LIMITATION OF LIABILITY
YOUR USE OF THE WEB SITE IS ENTIRELY AT YOUR SOLE RISK.

MCGLINCHEY STAFFORD, ITS OFFICERS, EMPLOYEES, ANY OF ITS AFFILIATES, PARTNERS, LICENSORS, PARTICIPATING PUBLISHERS, THIRD PARTY CONTENT OR SERVICE PROVIDERS, OR AUTHORS, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF PROFITS, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION SYSTEM OR OTHERWISE, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE FOR ANY USE OF THIS WEB SITE, OR ANY OTHER LINKED WEB SITE, EVEN IF MCGLINCHEY STAFFORD OR ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES, PARTNERS OR SUPPLIERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LIABILITY IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM A USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEB SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEB SITE.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT MCGLINCHEY STAFFORD, ITS OFFICERS, EMPLOYEES, ANY OF ITS AFFILIATES, PARTNERS, LICENSORS, PARTICIPATING PUBLISHERS, THIRD PARTY CONTENT OR SERVICE PROVIDERS, OR AUTHORS IS NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEB SITE.

IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MCGLINCHEY STAFFORD AND YOU. THE INFORMATION AND SERVICES PROVIDED FROM THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, SERVICE OR INFORMATION PROVIDED, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF MCGLINCHEY STAFFORD , THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

10. INDEMNIFICATION
You hereby agree to indemnify, defend and hold McGlinchey Stafford, and all officers, directors, employees, subsidiaries, affiliates, successors and assigns, contractors, subcontractors, suppliers, agents, partners, licensors, content and service providers, participating publishers and authors (collectively, the “McGlinchey Stafford Group”) harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including attorneys’ fees) incurred by any McGlinchey Stafford Group member in connection with any claim arising out of your use of the Web Site, regardless of the type of claim or the nature of the cause of action, including, but not limited to, claims arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the service, (c) any non-compliance by you with the Terms of Use; and/or (d) claims brought by persons or entities other than the parties to this agreement arising from or related to your access and use of the service, including the information obtained through the service.

McGlinchey Stafford reserves the right to assume exclusive control of any defense or any matter subject to indemnification by you, and you agree to cooperate with us in such event.

11. NO ENDORSEMENT OR LEGAL ADVICE PROVIDED; NO ATTORNEY-CLIENT RELATIONSHIP CREATED; NOT A LAWYER REFERRAL SERVICE
MCGLINCHEY STAFFORD DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE ON OR THROUGH THE WEB SITE (INCLUDING THOSE CONTAINED IN THE DISCUSSION FORUM, LINKED WEB SITES, ARTICLES OR OTHER MATERIALS). THE INFORMATION PROVIDED, PRESENTED OR MADE AVAILABLE IS FOR GENERAL INFORMATION PURPOSES AND INTENDED SOLELY AS INFORMAL GUIDANCE; IT IS NOT A DETERMINATION OF YOUR LEGAL RIGHTS, NOR YOUR RESPONSIBILITIES UNDER THE LAW. THE INFORMATION SHOULD NOT BE RELIED UPON FOR LEGAL ADVICE. NONE OF THE INFORMATION CONTAINED ON THIS WEB SITE IS, OR SHOULD BE CONSTRUED, AS LEGAL ADVICE AND MCGLINCHEY STAFFORD IS NOT ENGAGED IN THE PRACTICE OF LAW. NOTHING CONTAINED IN, TRANSMITTED THROUGH, OR RECEIVED FROM THIS WEB SITE SHALL CREATE AN ATTORNEY-CLIENT RELATIONSHIP.

INDIVIDUAL JURISDICTION MAY HAVE SPECIFIC RULES, STATUTES, AND CASE LAW WHICH GOVERN PARTICULAR FACTUAL SITUATIONS. STATE AND FEDERAL COURTS, GOVERNMENTAL AGENCIES, ARBITRATORS OR OTHER ADJUDICATORS MAY INTERPRET THE LAW DIFFERENTLY THAN WHAT IS STATED ON THIS OR ANY OTHER LINKED WEB SITE. IT IS YOUR RESPONSIBILITY TO CONSULT A QUALIFIED ATTORNEY WHO IS CAPABLE TO VERIFY THE ACCURACY OF ANY MATERIALS OR INFORMATION CONTAINED ON THIS OR ANY LINKED WEB SITE AND WHO MAY ADDRESS THE PARTICULAR FACTUAL SITUATION FOR APPROPRIATE LEGAL ADVICE AS APPLIED TO THAT SITUATION IN THE APPLICABLE JURISDICTION(S).

YOU SHOULD NOT RELY UPON OPINIONS EXPRESSED ON OR THROUGH THIS WEB SITE WHEN MAKING BUSINESS, FINANCIAL, PERSONAL OR OTHER DECISIONS OF ANY KIND. YOU SHOULD ALWAYS SEEK OUT COMPETENT COUNSEL TO OBTAIN LEGAL ADVICE.

McGlinchey Stafford is not, nor does it operate, a lawyer referral service. McGlinchey Stafford is not responsible for any advice (whether legal or not) that you may receive from anyone (whether an attorney or not) contacted as a result of visiting this Web Site. McGlinchey Stafford is not responsible for any attorney’s qualifications, competence, diligence, or the results of any advice given or representation made by an attorney (or anyone purporting to be an attorney).

12. EXAMPLES
This Web Site and McGlinchey Stafford provides you with numerous documents, including but not limited to judicial opinions, scholarly articles, and attorney opinions, in addition to links to these types of documents. These documents are intended to serve solely as examples; they do not constitute legal advice and may not be appropriate for your particular situation or even lawful in your jurisdiction. You are solely responsible for determining the legal requirements of your jurisdiction or other applicable restrictions, whether legal or contractual.

You are expected to observe and respect the copyright rights of the individual authors whose materials may be accessed by the links in this Web Site.

13. DISCUSSION FORUM; USER WARNINGS; USER CONDUCT
The Web Site discussion forum is intended for use solely by our users. We reserve the right to delete or modify irrelevant postings or postings that contradict our policies or these Terms of Use. As with any discussion forum, participants may not actually be the person that they claim to be, and the information discussed may or may not be true, factual and/or accurate. McGlinchey Stafford makes no representation or warranty with respect to any discussion forum content and assumes no responsibility for the accuracy, integrity, quality, completeness, usefulness or value of any such content, data, documents, graphics, images, information, advice, or opinion contained in posted message. You should not rely on any posting or information without independent verification.

You understand that McGlinchey Stafford has no obligation to and does not monitor its discussion forums, although we reserve the right to do so. McGlinchey Stafford may from time to time, monitor any and all information transmitted or received through the Web Site, for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of the Web Site constitutes consent to such monitoring.

McGlinchey Stafford does not endorse any advice or opinion contained in its discussion forums. The opinions expressed in the discussion forums reflect solely the opinions of the participants. McGlinchey Stafford encourages participants to be truthful and discourages misleading, false or manipulative use of the discussion forums. McGlinchey Stafford may take any action it deems appropriate, in its sole discretion, to maintain the quality of its services and to protect McGlinchey Stafford and others.

You acknowledge and agree that McGlinchey Stafford may, from time to time, without notice to you and its sole discretion, establish various practices, limitations and restrictions for administering Web Site services, including without limitation: how often the Web Site may be accessed; the maximum number of days that discussion forum messages or postings will be retained; the maximum number of messages or postings allowed; the size and nature of messages and postings; the maximum storage space available for services; and all other matters related to administration of services.

McGlinchey Stafford reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in McGlinchey Stafford’s sole and absolute discretion are objectionable or in violation of the Terms of Use.

14. TRADEMARKS
All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Web Site belong to McGlinchey Stafford or its licensors. In addition, the names, images and other indicia identifying our products and services are our proprietary marks. All other copyrights, trademarks and other intellectual property rights referred to in this Web site belong to their respective owners.

Unauthorized use of any McGlinchey Stafford trademark or logo is a violation of federal and state trademark laws.

15. MODIFICATIONS

15.1 Web Site
McGlinchey Stafford reserves the right to modify this Web Site at any time. Information may be changed or updated without notice. McGlinchey Stafford may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. Continued use of this Web Site by you shall be deemed to indicate your acceptance to be bound by any changes to the Web Site.

15.2 Terms of Use Agreement
McGlinchey Stafford may modify this Agreement at any time by posting revised terms on the Web Site. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Web Site, via email or any other reasonable means. Continued use of this Web Site by you shall be deemed to indicate your acceptance to be bound by any such amendments, modifications, additions or deletions.

16. LICENSE
Nothing contained in this Web Site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party’s intellectual property rights, and no part of this Web site may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.

17. COPYRIGHT INFRINGEMENT
If you believe that any material on this Web Site infringes on any copyright which you own or control, or that any link on this Web Site directs you to another web site that contains material that infringes on any copyright which you own or control, you may file a notification of such infringement with our designated agent to have the material removed or otherwise blocked from access. Please click here to learn about the filing procedure.

18. CHOICE OF LAW
This Agreement shall be treated as though it were executed and performed in New Orleans, Louisiana, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of Louisiana (without regard to conflict of law principles). The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in the Civil District Court of Orleans Parish and, if appropriate, the United States District Court for the Eastern District of Louisiana, and you agree and expressly submit to the personal jurisdiction and venue of these courts and consent to extra-territorial service of process.

19. INTEGRATION AND SEVERABILITY
This Agreement incorporates by reference any notices contained on this Web Site and constitutes the entire and only agreement between McGlinchey Stafford and you with respect to your access to an use of this Web Site and supersedes any and all prior or contemporaneous agreement, representations, warranties, and understandings with respect to the Web Site, the content, goods and services provided by or through the Web Site, and the subject matter of this Agreement.

Any provision of this Agreement which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable in that jurisdiction without in any way invalidating the remaining provisions of this Agreement. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction. Any litigation arising out of or in connection with this Agreement or your use of this Web Site must be commenced within six (6) months after the cause of action arose, or it will be permanently barred.