VIVICAR Law, PLLC
Website Legal Notices and Terms of Use
IMPORTANT: Please read these Legal Notices and Terms of Use (these "Notices and Terms") carefully before accessing this website.
These Notices and Terms create a legal agreement between you ("You") and VIVICAR Law, PLLC ("VIVICAR Law") that governs: (1) the information of VIVICAR Law (the "Information") made available through this website; (2) the nature of the relationship between You and VIVICAR Law; (3) certain other matters of professional responsibility; (4) VIVICAR Law's use of Your information that VIVICAR Law gathers through this website; and (5) Your use of this website, related systems, and the Information (collectively, the "VIVICAR Law Site"). By accessing any portion of the VIVICAR Law Site, You are indicating that You have read and understood, and that You assent to be bound by, these Notices and Terms, which may be amended from time to time by VIVICAR Law pursuant to the terms herein. If You do not agree to these Notices and Terms, You are not permitted to access the VIVICAR Law Site.
1. No Legal Advice
The Information is made available for general informational purposes only, and is not intended to constitute specific legal advice or to be a substitute for advice from qualified counsel. Without limiting the foregoing, the Information may not reflect recent developments in the law, may not be complete, and may not be accurate in or applicable to Your jurisdiction. Because the Information is general in nature and may not pertain to Your specific circumstances, You should not act or refrain from acting based on any Information without first obtaining advice from professional counsel qualified in the applicable subject matter and jurisdictions.
2. No Attorney-Client Relationship
VIVICAR Law has a policy of entering into attorney-client relationships with its clients only in accordance with certain procedures that include executing an engagement letter and addressing professional responsibility conflicts as required by the Bar Associations of the states in which VIVICAR Law maintains offices. You agree that Your access of the VIVICAR Law Site or receipt of the Information, or Your transmission of electronic mail to addresses on the VIVICAR Law Site, does not create an attorney-client relationship between You and VIVICAR Law.3. Other Matters of Professional Responsibility
3.1 No Advertising or Solicitation. The VIVICAR Law Site is not intended to be an advertisement or solicitation, but may be deemed an advertisement in certain jurisdictions.
3.2 Sensitive Communications. You agree that electronic mail sent by You to VIVICAR Law will not be treated as confidential or invoke an attorney-client privilege; provided, however, that if You are an existing client of VIVICAR Law and You send an electronic mail to VIVICAR Law pertaining to a matter in which VIVICAR Law then represents You, such electronic mail may be entitled to be treated as confidential or privileged. Notwithstanding the foregoing, You acknowledge that electronic mail and the Internet are generally insecure media of communication, and cannot guarantee the confidentiality of any electronic mail sent to or received by it or any information submitted by You to VIVICAR Law through the VIVICAR Law Site.
3.3 Authorized Jurisdictions; Certifications. While VIVICAR Law practices law in the jurisdictions in which its offices are located as well as other jurisdictions, each VIVICAR Law attorney is licensed to practice only in those jurisdictions set forth in that attorney's biography on the VIVICAR Law Site. Except as specifically stated, each VIVICAR Law attorney is not certified (including as a specialist) by any professional or government authority. The listing of VIVICAR Law attorneys in practice groups is not intended to indicate any professional or governmental certification.
3.4 Principal Office; Responsible Attorney. To the extent the requirements of the Bar Association in Your jurisdiction require such designation: VIVICAR Law's principal office is its Washington, D.C. office. VIVICAR Law's responsible attorney for the VIVICAR Law Site is John Purcell for its office in Washington, D.C.
3.5 No Warranty of Results. The Information may contain descriptions of matters in which VIVICAR Law successfully represented its clients. The results of these matters were dependent on their specific circumstances, and are in no way intended to be predictive of future results, even in similar circumstances, or offer any type of guarantee or assurance of outcome. Information pertaining to VIVICAR Law clients may not reflect the opinions of such clients.
4. Privacy
With respect to information submitted or collected on the VIVICAR Law Site, You accept VIVICAR Law's privacy policy as set forth in this Section 4. This Section 4 does not pertain to, and VIVICAR Law is not responsible for the privacy practices of, any third party websites to which the VIVICAR Law Site hyperlinks. Certain areas of the VIVICAR Law Site may be subject to additional privacy-related provisions, links to which will be posted in those areas.
4.1 Activity Logging. When You use the VIVICAR Law Site, which may be hosted in part or its entirety by a third party, the VIVICAR Law Site may collect information indirectly and automatically (through, for example, the use of "cookies" or Your "IP address") about Your activities. VIVICAR Law uses this activity information (the "Activity Information") for internal purposes such as to administer the VIVICAR Law Site, improve the VIVICAR Law Site, and help VIVICAR Law understand how the VIVICAR Law Site is being used including the demographics and "clickstreams" of its visitors. "Cookies" are small pieces of information stored on Your hard drive, not on the VIVICAR Law Site. You are always free to decline cookies if Your browser permits, but in that case, some portions of the VIVICAR Law Site may not operate properly. An "IP address" is a number that is automatically assigned to Your computer when You use the Internet.
4.2 Personally Identifiable Information. The VIVICAR Law Site is designed so that You may generally browse it without providing any Personally Identifiable Information (defined below). Certain areas of the VIVICAR Law Site, however, may require or allow the voluntarily submission of Personally Identifiable Information (for example, registration to receive VIVICAR Law publications). VIVICAR Law uses Your Personally Identifiable Information for the purposes for which it was submitted by You to VIVICAR Law and for VIVICAR Law to send you publications and invitations that may be of interest to you. Except as otherwise set forth in this Section 4, VIVICAR Law does not share Your Personally Identifiable Information with third parties. "Personally Identifiable Information" means information that would allow someone to identify or contact You, such as Your name, physical or electronic mail address, and telephone number; provided, however, that Personally Identifiable Information does not include aggregated information that, by itself, does not permit the identification of individual persons and does not include the Activity Information.
4.3 Removal of Personally Identifiable Information. VIVICAR Law will use reasonable efforts to remove Your Personally Identifiable Information from our then-current VIVICAR Law Site at any time upon Your written request to vivicar@vivicar.com. Such removal of Personally Identifiable Information will not ensure the permanent removal of such Personally Identifiable Information from the VIVICAR Law Site. For example, such Personally Identifiable Information may remain in VIVICAR Law's archival or backup copies of the VIVICAR Law Site.
4.4 Additional Disclosure of Personally Identifiable Information. VIVICAR Law may share Personally Identifiable Information with third parties, including affiliated firms and third parties performing services for or on behalf of VIVICAR Law. Such services may include communications, database, event management, hosting, mailing, and marketing services. Additionally, VIVICAR Law cannot fully ensure that Your Personally Identifiable Information will not be disclosed to third parties. For example, VIVICAR Law may be legally obligated to disclose information to the government or third parties under certain circumstances, third parties may circumvent VIVICAR Law's security measures to unlawfully intercept or access transmissions or private communications, or an error may occur in the administration of the VIVICAR Law Site. In the unlikely event that VIVICAR Law needs to investigate or resolve possible problems or inquiries, VIVICAR Law may, and You authorize VIVICAR Law to, disclose any information about You to government officials as permitted by applicable law. 4.5 Miscellaneous Privacy Terms. VIVICAR Law has implemented and follows appropriate technical measures to protect against the risks of unauthorized access to, erroneous disclosure of, and unlawful interception of Personally Identifiable Information. You should know, however, that VIVICAR Law cannot fully eliminate such risks. VIVICAR Law hopes this Section 4 clarifies VIVICAR Law's procedures regarding its collection, use and disclosure of Your information including Personally Identifiable Information. From time to time, VIVICAR Law may modify this Section 4. Such modifications will be effective on the date that VIVICAR Law posts the modified statement to the VIVICAR Law Site. Questions or concerns regarding the privacy policy in this Section 4 may be submitted to vivicar@vivicar.com.
5. General Terms of Use
5.1 Prohibited Uses. You will not use the VIVICAR Law Site in violation of any applicable law. Without limiting the foregoing, You will not use the VIVICAR Law Site in connection with (a) the infringement of intellectual property rights including VIVICAR Law's rights in its marks and its articles and alerts; (b) the unauthorized transmission of unsolicited commercial electronic mail; (c) the transmission of defamatory materials; or (d) fraud. You will not violate, attempt to violate, or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of the VIVICAR Law Site.
5.2 Copyright in Information. The VIVICAR Law Site including the Information is protected by United States and international copyright laws. All rights are reserved. Subject to the terms of these Notices and Terms, VIVICAR Law grants to You a limited, nonexclusive, personal license to access, view, download and print the Information solely for noncommercial and informational purposes. You may not modify the Information in any way and You may not remove or obscure any copyright or permission notices provided on or in connection with the Information. VIVICAR Law does not grant to You any rights in its marks. You are free to hyperlink to any page in the publicly available pages of the VIVICAR Law Site; provided, however, that You agree to remove any such hyperlink upon VIVICAR Law's written request.
5.3 Electronic Mail. Subject to Section 5.1, You may send electronic mail to those addresses made available on the VIVICAR Law Site for the purposes of requesting alerts or other news notification services, submitting voluntary survey responses, responding to or making inquiries regarding VIVICAR Law events, requesting information regarding VIVICAR Law or legal or other services offered by VIVICAR Law, and inquiring about employment opportunities. You agree to cease sending electronic mail to any VIVICAR Law address upon VIVICAR Law's request.
5.4 No Warranties. THE VIVICAR LAW SITE IS PROVIDED TO YOU "AS IS." YOUR ACCESS AND USE OF THE VIVICAR LAW SITE IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY THE LAW AND RULES OF PROFESSIONAL RESPONSIBILITY IN THE APPLICABLE JURISDICTION, VIVICAR LAW DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, QUIET ENJOYMENT, AND UNINTERRUPTED OR ERROR FREE OPERATION.
5.5 Disclaimer of Liability. TO THE EXTENT PERMITTED BY THE LAW AND RULES OF PROFESSIONAL RESPONSIBILITY IN THE APPLICABLE JURISDICTION, VIVICAR LAW DISCLAIMS LIABILITY FOR ANY LOST PROFITS OR INCOME, LOST BUSINESS, OR LOST DATA, OR FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THE VIVICAR LAW SITE.
5.6 Third Party Information. VIVICAR Law may hyperlink to or otherwise make third party information available on the VIVICAR Law Site. This is done solely for the purposes of convenience. VIVICAR Law does not endorse or approve of any such third party information or such third parties.
5.7 Miscellaneous. You agree that any dispute arising out of or in connection with the VIVICAR Law Site or these Notices and Terms will be governed by the laws of the District of Columbia without reference to conflict of laws principles that would require the application of the laws of any other jurisdiction, and You submit to the exclusive jurisdiction and venue of the state and federal courts located in Washington, D.C. In the event that You gain access to information not intended to be accessed by You, You agree that You will immediately notify VIVICAR Law and lawfully destroy all copies of such information in Your possession. VIVICAR Law may be contacted at vivicar@vivicar.com.