Terms of Service

Kavinoky Cook LLP (“Kavinoky Cook,” “KC” or “us” or “we” or “our”) owns and operates the Kavinoky.com site (“Site”). The following Terms of Use/Legal Notice and Disclaimer (“TOU”) govern your use of the Site.

By using the Site, you agree to be bound by this TOU. If you do not agree to be so bound, you are not authorized to use the Site. This TOU is a legal contract between you and KC and governs your access to and use of the Site. Your rights to use the Site are limited by applicable federal, state, and local laws and regulations.

The Site is intended for adults 18 years of age or older. By accessing the Site, you represent that you are 18 years of age or older.

 

Legal Disclaimer

Use of the Site does not create an attorney-client relationship with KC.  Neither transmitting nor receiving any information or content to or from the Site, nor any other use of the Site, will create an attorney-client relationship between KC and the transmitter/receiver and/or Site user.

Nothing on the Site is intended to act as legal advice.  The Site is not meant to replace the services of a trained legal professional and/or to be a substitute for the legal advice of a licensed attorney.

 

Attorney Advertising

For purposes of the New York State Bar rules, and other applicable bar rules, the Site may be considered attorney advertising. The headquarters of KC is: Kavinoky Cook LLP, 726 Exchange Street, Suite 800, Buffalo, NY 14210 / phone: 716.845.6000.

 

The Site

The purpose of the Site is to provide general information about Kavinoky Cook and the legal services we provide.

The information contained on the Site is provided for informational purposes only. You agree that you will only use the Site for its intended purposes, and not for other commercial ventures without first seeking approval from KC.  This site is not intended to and does not provide legal advice.

 

License

KC hereby grants you a revocable and nonexclusive right and license to access and use the Site in a manner that is consistent with the other terms in this TOU. KC reserves the right to terminate this License for any or no reason and at any time without notice to you, including, but not limited to, for breach of any term contained in this TOU.

 

TOU Changes

KC reserves the right to modify this TOU at any time without prior notice. You should visit the Site from time to time to review the current TOU. By using the Site subsequent to any modification of this TOU, you agree to be bound by such modification(s). KC will highlight any change to this TOU for 30 days after such change(s) is/are made.

KC does not represent that any of the Site content is completely accurate, and therefore any reliance on the Site is done at your own risk.  Again, this site does not provide legal advice.

 

Unsolicited Submissions

Please note that KC does not accept unsolicited content or ideas you may attempt to transmit to KC directly. As such, we take no responsibility for such transmitted content or ideas. If you do send KC unsolicited content or ideas, you agree that KC may use such content and ideas in any way KC wishes without any compensation to you.

 

Intellectual and Other Property

Other than the exceptions referenced in this TOU or noted elsewhere, all other content on the Site is the property of KC including, but not limited to, all marks, logos, names, text, data, documents, messages, pictures, images, video, audio, graphics, links, software and its underlying code, domain name, or other electronic files (referred hereafter as “KC Content”).

The articles contained on the Site are copyright protected.  Any KC Content protected by intellectual property laws may not be copied, republished, posted, modified, edited, transmitted, distributed, used to create derivative works of, or reverse engineered without permission, except that you may print out one copy of each Site page solely for non commercial personal use. No right, title, or interest in any KC Content is transferred to you as a result of you accessing, downloading, or printing such content from the Site. Any use of KC Content must display the appropriate copyright, trademark, and other proprietary notices.

You acknowledge that you have no right, title, or interest in or to the Site and/or KC Content.

Kavinoky Cook is a mark of KC.  Other marks, names, and logos on the Site are the property of their respective owners.

There may be other content located on the Site not owned by KC, and you should respect those property rights as well. All rights not expressly granted herein are reserved to KC.

 

Links to Third Party Sites

The Site contains links to external sites not controlled and/or affiliated with KC. If you use these links, you will leave the Site. KC provides these links to you only as a convenience. KC is not responsible for the content at the linked sites, including, without limitation, links displayed on such sites. You access any linked sites at your own risk.

The display of the links are not meant to imply that KC guarantees, approves, recommends, or endorses the linked sites or any information, content and/or products/services available on those linked sites. The links are not meant to indicate any association with KC. KC is not responsible or liable for any linked site nor does KC warrant that the linked sites or any goods, services, or information on the sites are current, accurate, or error-free. If you access the linked sites, you will be subject to the terms of use, privacy, and other policies applicable to those sites. You visit those sites at your own risk and should consult the sites’ policies.

KC will delete from the Site any link to a third party website upon receipt of a request from the owner of the third party website.

 

Other Prohibited Conduct

In connection with your access and/or use of the Site, you agree not to:

  • Violate any federal, state, or local laws or regulations.
  • Upload anything that imposes an unreasonable or disproportionately large strain on KC’s network or computer infrastructure.
  • Engage in any behavior that is designed to hack into or gain unauthorized access to protected areas of the Site and/or KC’s computers, servers or networks, and/or any computers or systems used by other users of the Site.
  • Upload anything that could destroy, damage, or impair any portion of the Site or any computers, systems, hardware, or software used by KC or other users.
  • Make unauthorized attempts to modify any information stored on the Site.
  • Make attempts to defeat or circumvent security features, or to utilize the Site for any other purpose other than its intended purposes.
  • Use any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Site.
  • Upload any false or misleading information or content through the Site.

The previous list of prohibitions is not exclusive. KC reserves the right to terminate your access to the Site for any reason.

By accepting this TOU, you waive and hold harmless KC from any claims resulting from any action taken by KC during or as a result of KC’s investigation and/or from any actions taken as a consequence of investigations by either KC or law enforcement related to your use of the Site.

 

Disclaimer of Warranties

YOUR USE OF THE SITE IS AT YOUR OWN RISK.

KC MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR ANY SERVICES OFFERED ON OR THROUGH THE SITE. KC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SECURITY, COMPLETENESS, TIMELINESS, APPROPRIATENESS, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUSES, TITLE, AND NON-INFRINGEMENT. THE DISCLAIMER OF WARRANTIES APPLIES TO THE SITE, ITS CONTENT, AND ANY SERVICES OFFERED ON OR THROUGH THE SITE. KC DOES NOT WARRANT THAT THE SITE FUNCTIONS OR CONTENT WILL BE UNINTERRUPTED, TIMELY, OR SECURE. KC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE. KC DOES NOT WARRANT THAT THE SITE AND/OR CONTENT WILL BE ERROR-FREE, THAT ANY ERRORS ON THE SITE WILL BE CORRECTED, OR THAT THE SITE/SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE SITE AND RELATED CONTENT, INCLUDING ANY SERVICES OR INFORMATION PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS IN THE EVENT YOU EXPERIENCE ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ANY SITE SERVICES. KC MAKES NO WARRANTIES THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY FOR SUCH INFRINGEMENT.

 

Limitation of Liability

IN NO EVENT WILL KC OR ITS PARTNERS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL, OR OTHER INDIRECT DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOST DATA, LOSS OF GOODWILL, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF KC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF: (1) THE USE OR INABILITY TO USE THE SITE OR ANY SITE SERVICES; (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR INACCURACIES ON THE SITE; AND/OR (3) ANY OTHER MATTER RELATING TO THE SITE OR ANY SERVICE OFFERED ON OR THROUGH THE SITE.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF KC OR ITS PARTNERS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS TO ANY PARTY, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF $100.00 OR THE AMOUNT YOU PAID TO KC FOR THE APPLICABLE SERVICE OUT OF WHICH THE LIABILITY AROSE.

IF YOU ARE DISSATISFIED WITH THIS TOU, THE SITE, OR ANY SERVICE OFFERED ON OR THROUGH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

GIVEN THAT SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE LIMITATION OF LIABILITY WILL APPLY TO THE GREATEST EXTENT ALLOWED UNDER THE LAW.

 

Geographic Limitation

KC operates the Site from its headquarters in the United States, and the Site and TOU are intended only for users within the United States. If you use the Site outside the United States, you are responsible for following your applicable local laws and determining, among other things, whether your use of the Site violates any of those local laws. By using the Site, you agree and acknowledge that information about you, including personally identifiable information, may be transmitted to and stored in the United States.

 

Site Privacy Policy

Your use of the Site is governed by the Site Privacy Policy which can be accessed from the Site’s home page. The Site Privacy Policy is incorporated by reference into this TOU.

 

Miscellaneous

Any and all disputes relating to this TOU, the Site, and/or any services offered on or through the Site, are governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any conflict of laws provisions. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of New York (USA) for any litigation arising out of or relating to the use of the Site, waive any objection to the venue of any such litigation in the State of New York courts located in Erie County, New York, and agree not to plead or claim in any State of New York court that such litigation brought therein has been brought in an inconvenient forum.

If any part of this TOU is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this TOU, all of which will remain in full force and effect.

This TOU constitutes the entire agreement of the parties with respect to the Site and supersedes all prior communications, promises and proposals, whether oral, written, or electronic, between you and KC, with respect to the Site.

If you violate any portion of this TOU, KC reserves the right, without an obligation to do so, to deny you access to the Site.

KC’s failure to enforce any portion of this TOU is not a waiver of such portion.

The proprietary rights, disclaimer of warranties, representations made by you, indemnities, and limitations of liability shall survive the termination of this TOU.

KC reserves the right, without notice and reason, to take down or terminate the Site or otherwise revoke any and all access granted to you related to the Site. You agree that KC is not liable to you or any other third party for this action.

KC does not assume any liability or responsibility for your use of the Internet or the Site including, but not limited to, any change your computer or related systems may sustain as a result of accessing the Site.

Certain software elements of the Site and related Site services may be subject to U.S. export laws and controls.  As such, no software may be downloaded or exported to any country or foreign citizen that is under a U.S. embargo or that would otherwise violate U.S. law or regulations.

If you need to contact KC for any reason not already specified in this TOU, please email us at info@Kavinokycook.com.