Welcome to the web site owned and operated by Wicker Smith (“Wicker Smith”, “us” or “we”). These terms apply to the web site located at www.wickersmith.com (the “Web site”).
Your access and use of the web site is subject to the following terms and conditions and all applicable laws. By accessing or using any part of the web site, you accept, without limitation or qualification, these terms and conditions. Bf you do not agree with all of these terms and conditions, you may not use any portion of the web site.
Authorized use of the Web site
The Web site is provided for your personal use and informational purposes only. Any other use of the Web site requires our prior written consent.
Information and Privacy
Blogs – Acceptable Use Policy
This Web site provides you with a forum to express your personal opinions regarding various topics in the Wicker Smith Blog.
When using such blogs, you expressly agree that:
- You have the right to post all information and materials;
- All opinions expressed are genuinely held based upon your own analysis, experiences, beliefs or research;
- You will not post any content that is libelous, defamatory or invades any privacy or publicity rights of any third party; or is abusive, vulgar, hateful, obscene, scandalous, threatening, inflammatory or otherwise objectionable; or infringes any copyright, trademark, service mark, patent, trade secret or confidentiality obligation; and
- You will not used any profanity or masked profanity
You hereby grant us a perpetual license to use, redact, republish, copy and distribute your postings, and any ideas or suggestions in such postings, in any medium now known or hereinafter developed without payment of compensation to you and without seeking any further approval from you.
You agree to be solely liable for the content all of all information posted by you. Wicker Smith is not under any obligation to screen or monitor blog postings by other parties. By using the blogs, you acknowledge that you may be exposed to objectionable content and that you will not hold Wicker Smith liable for such content.
Unauthorized Use of the Web site
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce, store or distribute content available on the Web site. Further, you may not use any such automated means to manipulate the Web site or attempt to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not resell use of, or access to, the Web site to any third party.
We are the exclusive owner of the Web site, including all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained therein. However, materials on the Web site posted by members may belong to such members or to third parties. By using the Web site, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not expressly granted herein are reserved by Wicker Smith.
THE WEB SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold us and our agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, (i) any breach by you of any of these Terms and Conditions, (ii) the content of any posting you make to a blog or (iii) a violation by you of applicable law.
Our Web site is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Web site. We make no representations regarding the legality of this Web site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
The laws of the State of New Hampshire shall govern these Terms and Conditions. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW HAMPSHIRE FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE WEB SITE.
We may change, suspend or terminate the Web site, or your access to the Web site, at any time without notice. In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on the Web site, and you should check for such changes frequently. Your continued access of the Web site after such changes conclusively demonstrates your acceptance of those changes.
Digital Millennium Copyright Act (“DMCA”) Notice
Materials may be made available via the Web site by third parties not within our control (such as through blogs). We are under no obligation to, and do not, scan content posted on the Web site for defects, viruses or the inclusion of illegal content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Web site.
If you believe any materials on the Web site infringe a copyright, you should provide us with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
Phone: (305) 448-3939
2800 Ponce de Leon Boulevard, Suite 800
Coral Gables, FL 33134
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
Should you have any questions regarding these Terms and Conditions you may contact us at firstname.lastname@example.org.