TERMS & CONDITIONS OF USE

By accessing or using the Nukk-Freeman & Cerra, P.C. (the “Firm”) website located at www.nfclegal.com (the “Website”), you indicate that you have read and understand this Terms of Use Agreement (the “Agreement”), which incorporates by reference our Privacy Policy, and agree to be bound by it in its entirety. If you do not understand or have questions about the Agreement, immediately stop all use of the Website and contact privacy@nfclegal.com. Your use of the Website will constitute your agreement to the most current version of this Terms of Use. The Terms of Use are subject to change at any time by us, without prior notice to you, by our posting them on the Website and will be effective immediately, unless otherwise stated.

The Terms of Use apply only to the Website and do not apply to any websites that are linked to the Website. For access to the terms and conditions or privacy policies of linked websites, please refer to the policies of such websites.

DISCLAIMER

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 use of the Website and its services is a privilege. Users who violate this Terms of Use may be denied access to the Website and we reserve the right to suspend your use of the Website for any reason at any time, in our sole discretion.

THIRD-PARTY WEBSITES

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.

INTELLECTUAL PROPERTY

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:

  1. You are solely responsible for the content or information you provide or communicate to us.
  2. You will not transmit or through the Website any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Furthermore, you will not take actions to promote the physical harm or harassment of another person, engage in or promote spamming, provide information that you know is illegal, false, or misleading, or designed to exploit those under 18 or otherwise provide instructional information about illegal activities, including without limitation, making or buying illegal weapons, identity theft, violating another’s right to privacy, or providing or creating malicious computer programs (malware).

 

PRIVACY POLICY

Your privacy is extremely important to us. All information collected from you through the Website is governed by our Privacy Policy, and to the extent applicable, the Attorney-Client Privilege. For more information, please see our Privacy Policy, which is incorporated herein.

INTERNATIONAL USE

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).

PRIVACY POLICY

This Privacy Policy applies to the Nukk-Freeman & Cerra, P.C. (the “Firm”) website located at www.nfclegal.com (the “Website”), which incorporates by reference the Firm’s Terms & Conditions of Use found at www.nfclegal.com/privacy-policy/.  As legal professionals engaged in the practice of law, the Firm is dedicated to protecting the privacy of our clients and their personal information.  The Firm also is committed to complying with our legal and ethical obligations imposed by the applicable rules of professional conduct, which include a duty to preserve and protect certain confidential client information.  Your use of the Website will constitute your agreement to the most current version of this Privacy Policy. The Privacy Policy is subject to change at any time by us, without prior notice to you, by our posting them on the Website and will be effective immediately, unless otherwise stated.

This Privacy Policy is intended to notify you of our online privacy practices, the types of information that may be collected and stored, with whom the information may be shared, what kind of security procedures are in place to protect the loss, misuse or alteration of information under our control, and whom to contact with questions or concerns.

This Privacy Policy does not apply to other websites to which the Website may link, and other websites may not treat information collected online in the same manner as we do. This Privacy Policy also does not apply to information we may obtain from other sources about you.

By using the Website and/or contacting us and providing any personal information, you consent to the provisions of this Privacy Policy. Please read this Privacy Policy carefully before using the Website.

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.

b.   We Collect Information Automatically:We automatically collect certain types of information when you visit our Website. For example, we automatically collect various types of technical information when you use our Website as otherwise described in this Privacy Policy, including information about the usage and technical efficiencies of our Website and services, which may include both personally identifiable and non-personably identifiable information (for example, domain type, browser type and version, service provider and IP address, referring/exit pages, operating system, date/time stamp, and click-stream data).

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.

d.   Use of Cookies: The Website may use a browser feature known as “cookies.” Cookies are bits of electronic information that a website may transfer to a visitor’s computer to identify specific information about that visitor’s visits to the website. Cookies are typically stored on your computer’s hard drive and are used to help track clicks as you navigate the Website. We, or our third-party providers, may use cookies, for example, to tell us whether you have previously visited the Website. We may also use cookies set by third-parties to enable us to obtain other information, such as analytics, about the use of our Website. You can set your browser not to accept cookies or to notify you when you are sent a cookie, giving you the opportunity to decide whether or not to accept it. You may also use commonly available tools in your browser to remove cookies which may have been placed onto your computer.

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.

Managing Cookies

 

e.   Use of Web Beacons, Clear-GIFs, Pixel Tags and JavaScript: We may use on our Website “web beacons” (also known as “action pixels”, “pixel tags”, or “clear GIFs”), JavaScript plug-ins and/or other similar technologies as they may develop over time. These web beacons and plug-ins are small graphic images (typically that you cannot see) or code on a website or in an email message which are used by third-parties to track the usage of the Website. These devices help us analyze our users’ online behavior and measure the effectiveness of our Website and marketing. We may also work with third-party service providers that help us track, collect, and analyze this information. Third-party entities with whom we have agreements may place these devices on the Website and/or in emails to use information obtained from them such as pages viewed, items purchased, emails opened and items upon which you may click in emails. These third-party providers may also place cookies on your computer to enable us to obtain aggregate demographic information and user statistics about you and your preferences from these third-party sources, as well as information we have about .

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.

VI.      Minors:

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.

E-mail address:

info@nfclegal.com

Postal Address:

Nukk-Freeman & Cerra, P.C.
Executive Center
26 Main Street, Suite 202
Chatham, New Jersey 07928
Attention: Privacy Officer

VIII.      Visitors to the Website From Outside of the United States:

If you are visiting the Website from a location outside of the United States, your connection will generally be through and to servers located in the United States. The Firm is United States-based and controls, operates and maintains the Website from its offices within the United States. The Firm does not intentionally solicit personal information through the Website from outside of the United States or transmit any personal information obtained through the Website to any location outside of the United States. You should be aware that the data protection laws in the United States may be different from those in your home country. Your continued use of the Website from a location outside of the United States constitutes your agreement that your use of these services is subject to this Privacy Policy and that your personal information will be transferred to or processed in the United States.

IX.      Security:

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.

X.        Opt-Out:

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 do not wish to receive marketing or other materials from us and/or you do not want us to share your personal information with other entities as stated in this Privacy Policy, please provide us with your exact name and address and advise us that you wish to opt-out for receiving information from us or information sharing or both as the case may be. Please note that de-identified and aggregated data including your personal information may still be shared, but it will not be identified or identifiable to you. Please direct your opt-out request to the following contacts and include the words “Nukk-Freeman & Cerra – OPT-OUT REQUEST” in the subject line:

E-mail address:

info@nfclegal.com

Postal Address:

Nukk-Freeman & Cerra, P.C.
Executive Center
26 Main Street, Suite 202
Chatham, New Jersey 07928
Attention: Privacy Officer

XI.      Changes:

We reserve the right to change, modify, add or remove portions of this Privacy Policy at any time.  Such changes, modifications, additions or deletions will be posted on the Website. Your continued use of the Website after posting of changes to this Privacy Policy constitutes your binding acceptance of such changes.

XII.       Questions:

If you have questions about our privacy practices, you may contact us at 973-665-9100, by email to info@nfclegal.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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