TERMS & CONDITIONS OF USE
This Website contains general information about the Firm, as well as other materials which have been prepared for informational purposes only, and are not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. To obtain legal counsel or legal services from the Firm, you must first establish an attorney-client relationship with the firm. Communicating with the Firm or its attorneys through this Website, by email or otherwise may not create an attorney-client relationship. If you wish to become a client of the Firm, you must first enter into a written retainer agreement with us.
The Firm’s lawyers are admitted to practice in the jurisdictions listed on their individual biographies. The listing of an area of practice by a Firm lawyer does not indicate any certification or expertise therein. This Website may be considered attorney advertising in your jurisdiction. Please note that results may vary depending on your particular facts and legal circumstances.
USE OF THE WEBSITE
The Firm may provide links to third-party websites as a convenience. Linked websites are not reviewed, controlled or examined by the Firm and the Firm is not responsible for the contents of any linked website, including the information, advertising, products, resources, links or other materials contained in such website. The inclusion of any link does not imply endorsement by the Firm. The Firm makes no representations or warranties with respect to any such third-party, and you agree that the Firm shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
Except as expressly and unambiguously provided herein, the Firm does not grant you any express or implied rights to the information or content provided on this Website, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights or any other intellectual property rights. None of the content or information provided on our website may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, unless you obtain our prior written consent.
DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY
Your agreement to the following disclaimers and limitations are a material inducement for us to permit you to access the Website. Your use of the Website, and the Firm’s obligations and liabilities in connection therewith, is expressly limited as follows:
Disclaimer of Warranties
THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL THE FIRM, ITS SHAREHOLDERS, EMPLOYEES, AGENTS OR OTHER THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES (INCLUDING LOST PROFITS AND DAMAGES OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING, OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE FIRM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF THE FIRM TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY SERVICES OFFERED ON THE WEBSITE OR ONE HUNDRED UNITED STATES DOLLARS ($100.00).
MINIMUM AGE TO USE THE WEBSITE AND CHILDREN’S PRIVACY
This Website is not intended for use by those who are under age 18. You must be 18 years or older to use this Website. If you are not 18 years or older, please do not continue to access the Website or provide us with any information on or through the Website. We do not knowingly collect any personally identifiable information from children under age 13 through the Website.
ONLINE CONDUCT THROUGH THE WEBSITE
In using the Website, you agree that:
The Website, including the information provided on the Website, is designed for and intended for users in the United States. We make no representation that the Website is applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Website from locations or territories where the content is illegal is prohibited. If you choose to access the Website from a location outside the United States, you do so on your own initiative and you are responsible for compliance with local laws.
JURISDICTION AND VENUE
You agree that New Jersey law (regardless of conflicts of law principles) shall exclusively govern your use of the Website, and that any dispute arising out of or relating to this Website or your use/access thereof shall be subject to the exclusive jurisdiction of the federal and state courts in the State of New Jersey (USA).
I. Why We Collect and Maintain Personal Information:
Personal information includes any information that identifies, relates to, describes or is reasonably capable of being associated with a particular individual. The Firm collects and maintains personal information of Website users for various purposes, including as required to provide our services; respond to your questions and requests; contact you in response to your inquiries; communicate about news, updates, webinars, newsletters, podcasts and other events that may be of interest to you; maintain records of utilization of our Website for business purposes and otherwise as required by law; gather demographic information about our user base as a whole; track, assess, analyze, understand, and improve on usage of the Website; and otherwise operate our business or any other purpose that complies with applicable laws, rules and regulations. The foregoing will always be in compliance with our legal and ethical obligations as legal professionals.
II. How We Collect Personal Information:
We collect personal information in three primary ways:
a. You Share Information With Us: We collect information from you when you submit it to us through the Website or by other means (for example, by contacting us through our “Contact Us” or “Let’s Talk” page, to apply for a job, or by email or telephone). Please do not share with us any other person’s personal information (unless the Firm explicitly asks you to do so and you have the legal authority to do so), any categories of your own personal information that have not been explicitly requested by the Firm, or any confidential, proprietary, secret or legally protected information which you are under any legal obligation to not provide to or share with the Firm.
c. We Collect Information from Other Sources: We may obtain information about you from outside sources. For example, if you are an employee of a client of the Firm, we may collect information about you from your employer or references.
III. What Personal Information We Collect:
The personal information that we may collect from you typically includes name, address, e-mail address, telephone, fax or mobile number, referral source data, any other information provided to us by you or on your behalf in connection with our services or your communications to us. In addition, we may collect information concerning Internet or other electronic network activity information, including, but not limited to, browsing history, search , and information regarding your interaction with the Website.
IV. How We Collect Personal Information From You:
We may collect personal or other types of information about when as follows:
a. Publications and Alerts: You may sign up to receive news, updates, and webinar, podcast, or event alerts from the Firm, or to attend webinars, podcasts, or other events. To sign up or in connection with Firm events, you or your employer may provide your personal information through forms, applications, surveys, or other online . We use this information to communicate with you, to provide you with various communications about news and events that may be of interest to you, and otherwise for business purpose in a manner compatible with the context in which the information is provided to us.
b. Contact Us or Let’s Talk: If you communicate with us through our Contact Us or Let’s Talk page or otherwise contact us directly, we may ask you to provide personal information in addition to whatever personal information you may otherwise provide to us. We use this information to communicate with you and to respond to any inquiry you make, and otherwise for business purposes in a manner compatible with the context in which you have provided the information to us.
c. General Browsing: Even if you do not submit personal information through the Website as described above, we may gather navigational information about where you and other visitors go on the Website and information about the technical efficiencies of our Website and services (i.e., time to connect to the Website, time to download pages, etc.). In this process of gathering information, we may collect personally identifiable and non-personally identifiable information (for example, domain type, device and browser type and version, browsing behavior, service provider and IP address, region or location where computer or device is accessing the internet, referring/exit pages, operating system, date/time stamp, and click-stream data). We use this information for analysis of the use of our Website and we may also create and use electronic records to compile statistics about how our visitors collectively interact with our Website.
Shared local objects (commonly referred to as “FLASH cookies”) are cookies that are placed on your computer that are not removed through normal browser management tools. If we use FLASH cookies, we will only do so in a manner consistent with the purposes for which they were designed unless you are specifically notified that we intend to use them for a specific service.
f. Server Logs: A “server log” is a record of activity created by a computer that delivers certain webpages to your browser. Certain activities that you perform on our Website may record information in server logs. For example, if you enter a search term into a search box located on the Website, the server log may record the search term(s) you use, or the link you clicked on to bring you to our Website. The server log may also record information about your browser, such as your IP address and the cookies set on your browser. We use this information for analysis of the use of our Website.
V. How We Share Personal Information:
a. We Do Not Sell or Share Personal Information to Third Parties for Their Marketing Purposes: We do not sell or share your personal information to/with third parties for their marketing or promotional uses.
b. We May Share Personal Information on a Limited Basis: We do not disclose your personal information to unrelated parties outside of the Firm except in very limited circumstances. Such disclosures outside of the Firm may include disclosures to our agents or other contractors who are acting on our behalf and solely at our direction with respect to your personal information, subject to appropriate legal and confidentiality obligations, or where we deem it necessary in connection with the services we provide to you (or which you seek from us), or as permitted, required, or authorized by law or by you. Certain personal information may also be disclosed, subject to appropriate restrictions and limitations, in connection with a sale or potential sale of all or part of our business or assets, or if we go through a reorganization or merger, or for any other purpose that complies with applicable law and regulation, including in connection with conflicts checks.
This Website is not directed to or intended for access or use by individuals under 18 years of age. If you are under 18 years of age, please do not access or use the Website at any time or in any manner. Any collection of personal information of minors is inadvertent. To the extent the Firm collects personal information related to minors, it only does so with appropriate consent or as permitted by applicable law.
VII. California Residents:
We collect various types of personal information about you during the course of your relationship with us. Under California law, if you are a resident of California, you may make a written request to us to disclose the categories or personal information of yours which we have shared with third parties, for the third parties’ direct marketing purposes during the prior year. In response to your written request, we are allowed to provide you with a notice describing the cost-free means to opt-out of our sharing your information with third parties with whom we do not share the same brand name, if the third party will use such information for its direct marketing purposes. Please note that, at this time, we do not share personal information with third parties for their direct marketing purposes.
If you would like to exercise your rights under California law, please send your written request to the email or postal address below. Please include your name and postal address in your request and the words “Nukk-Freeman & Cerra – CALIFORNIA REQUEST” in the subject line.
Nukk-Freeman & Cerra, P.C.Executive Center26 Main Street, Suite 202Chatham, New Jersey 07928Attention: Privacy Officer
VIII. Visitors to the Website From Outside of the United States:
Our goal is to protect personal information submitted through the Website. We maintain reasonable administrative, physical, and electronic safeguards designed to limit unauthorized access to your personally identifiable information. However, we do not guarantee that our safeguards and security will always work.
If you do not consent to the way in which we may use your personal information, please do not submit any personal information to us. Please note that if you opt not to provide us with certain information, the Firm may be unable to provide you with its services, or its services may not be as good or effective.
If you have questions about our privacy practices, you may contact us at 973-665-9100, by email to email@example.com, or by postal mail at Nukk-Freeman & Cerra, P.C., Executive Center, 26 Main Street, Suite 202, Chatham, New Jersey 07928, Attention: Privacy Officer.
Updated as of May 10, 2021
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