Terms of Use

Our Website (mbwlawyers.com) provides general information only as a service to clients, colleagues, and others in the industry. This information is not designed to provide legal or other advice, or to create a binding lawyer-client relationship.

In an effort to help you understand these Terms of Use, we have reduced the use of “legalese” as much as possible on this page. That said, it can’t be eliminated completely. If you have any trouble understanding any of these points, please contact us. 

You should not take any action — or refrain from action — based on the content of this page. It is not a substitute for the lawyer-client relationship. Please do not send us any confidential information until we have confirmed in writing that we represent or act for you. 

Unsolicited emails from non-clients do not establish a lawyer-client relationship, may not be privileged, and may be disclosed to others. 

Prior results and case studies do not guarantee a similar outcome in future representation.

This Terms of Use Agreement (“Agreement”) describes the terms and conditions that apply to your use of the Website. Using or accessing any of the content on the Website (including our RSS feeds) means you accept this Agreement. 

Mackey Butts & Whalen, LLP (“the Firm”) may revise this Agreement at any time by posting the revised Terms of Use on the Website, and you agree that your use of the Website after such changes will constitute your acceptance of such changes. Changes to this Agreement will not be applied retroactively.

  • Changes. The Firm may make changes to the Website and its content and/or the services described on the Website at any time.
  • Proprietary Rights. The Website and its content are the sole and exclusive property of the Firm and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website or its content other than as expressly authorized by the Firm in writing. You agree that all right, title, and interest in and to the Website and its content is owned exclusively by the Firm. Use of the Website or its content in any way not expressly permitted by this Agreement is prohibited.
  • Permitted Uses. So long as you agree and comply with the terms of this Agreement, and unless this Agreement is otherwise terminated by the Firm, you may view and/or print a single copy of the Website and its content. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Website or in its content. Special terms may apply to some services offered on the Website and may be posted in connection with the applicable service, feature or activity. Any such terms are in addition to this Agreement and, in the event of a conflict, any such terms will prevail.
  • Additional Restrictions. You agree not to access the Website by any means other than through a standard web browser on a computer or mobile device. You further agree that you will not damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of it.
  • About The Information On This Site. The content available on the Website is intended to be a general information resource and is provided solely on an “as is” and “as available” basis. You are encouraged to confirm the information contained herein. You should not construe the Firm’s publication of the Website as a warranty or guarantee of the quality or availability of any services. Any content reflects only United States legal principles, except where expressly stated otherwise.
  • Links To Other Sites. The Website may contain links to websites operated by other parties. The Firm provides these links as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of the Firm, and we are not responsible for the content available on the other sites. These links do not imply the Firm’s endorsement of that content, and the Firm disclaims all liability with regard to your access to and use of such linked websites.
  • Links to mbwlawyers.com. Unless otherwise set forth in a written agreement between you and the Firm, you must adhere to the Firm’s linking policy as follows: 
    • the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the Firm’s name and trademarks;
    • the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with the Firm;
    • when selected by a user, the link must display the Website on full-screen and not within a “frame” on the linking website; and
    • the Firm reserves the right to revoke its consent to the link at any time and at its sole discretion.
  • Trademarks. Unauthorized use of any Firm trademark, service mark or logo are prohibited, and may be a violation of federal and state trademark laws.
  • Disclaimers And Limitation Of Liability.
    a. The Website and all its content are provided to you on an “as is” and “as available” basis without warranty of any kind either expressed or implied, including but not limited to the implied warranties or merchantability, fitness for a particular purpose, and non-infringement. The Firm makes no warranty as to the accuracy, completeness or reliability of any content available through the Website. You are responsible or verifying any information before relying it. Use of the Website and its content is at your sole risk. 

b. The Firm makes no representations or warranties that use of the Website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you may obtain from the Website is free of viruses or other harmful code.

c. To the maximum extent permitted by law, the Firm disclaims all liability, whether based in contract, tort (including negligence), strict liability or otherwise, and further disclaims all losses, including without limitation indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Website, the content, or the goods offered or sold through the Website, even the Firm has been advised of the possibility of such damages.

  • Exclusions And Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
  • Indemnity. You agree to indemnify, defend and hold the Firm, its subsidiaries, its affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of your use of the Website and/or breach of this Agreement.
  • Copyright. The Website is protected by international copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Website, or of individual sections of the content, design or layout of the Website, without the Firm’s express prior written permission.
  • Notice and Procedures for Claims of Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information:
    a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    b. A description of the copyrighted work or other intellectual property that you claim has been infringed;
    c. A description of where the material that you claim is infringing is located on the Website (providing URL(s) in the body of the communication is the best way to help locate content quickly);
    d. Your name, address, telephone number and e-mail address;
    e. A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    f. A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
  • Privacy Policy. By agreeing to these terms, you acknowledge that the Firm may collect, use and disclose your information as described in our Privacy Policy.
  • Choice Of Law and Forum. This Agreement will be governed by, and will be construed under, the laws of the State of New York, United States of America, and you irrevocably agree to the exclusive jurisdiction by the federal and state courts located in the County of Dutchess, in the State of New York, to settle any dispute which may arise out of, under, or in connection with this Agreement. You agree that no claim arising out of this agreement or your use of the Website may be brought as a class action. 
  • Data Processing. If the Firm acts as data processor for a client, we will only process such personal data on the client’s instructions and ensure that appropriate technical and organizational measures are in place to protect against unauthorized or unlawful processing of personal data and against accidental loss or destruction of or damage to personal data.
  • Miscellaneous.
    a. If any provision of this Agreement is held to be illegal, invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force.
    b. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
    c. The Firm’s failure to act with respect to any failure by you or others to comply with this Agreement does not waive the Firm’s right to act with respect to subsequent or similar failures.
    d. This Agreement sets forth the entire understanding and agreement between you and the Firm with respect to the subject matter hereof.
    e. Any cause of action or claim you may have with respect to this Agreement or the Website must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.
    f. You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of the Firm, and any assignment or transfer in violation
    of this provision shall be null and void.
    g. The Firm reserves the right to seek all remedies available at law and in equity for violations of this Agreement and/or the rules and regulations set forth on the Website, including without limitation the right to block access from a particular internet address.
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