ACCEPTANCE OF TERMS. BY ACCESSING AND USING THIS WEBSITE, YOU ACCEPT, AGREE TO AND WILL BE DEEMED TO BE BOUND BY THE CURRENT VERSION OF THE TOSA PUBLISHED ON THE WEBSITE. If you do not agree to be bound by the TOSA, you are not to view, print, distribute, or utilize the website. You hereby acknowledge that any reliance upon any content, information or other material on this website shall be at your sole risk.
NOT LEGAL ADVICE. The materials on this website are intended to provide general information and should not be relied upon for specific legal advice. Legal counsel should be consulted regarding questions and advice for your specific situation. Each situation is different and advice will vary depending on a wide variety of factors.
JURISDICTION. Viewer understands and agrees that use of this website is not intended to and does not create jurisdiction in any state or country other than South Dakota of the United States of America. Viewer understands and agrees not to use this site if Viewer deems electronic communication as consent to jurisdiction in any other state. Viewer further understands and agrees that the information on this site is not directed towards any specific jurisdiction other than South Dakota of the United States of America. Viewer understands that the information on this website was published and maintained from South Dakota. Viewer acknowledges and agrees that all information contained on this site is deemed “published” when first posted to our web server.
CONSENT TO JURISDICTION. VIEWER CONSENTS TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS LOCATED WITHIN THE COUNTY OF MINNEHAHA, SOUTH DAKOTA U.S.A., REGARDING ANY AND ALL DISPUTES RELATING TO THIS AGREEMENT OR ANY Redstone WEBSITE. USER AGREES THAT THIS CHOICE OF FORUM IS CONVENIENT AND WAIVES ANY OBJECTION TO THE SUBMISSION OF SUCH JURISDICTION.
ATTORNEY-CLIENT RELATIONSHIP. Viewer understands and agrees that no attorney-client relationship shall be created or exists between Viewer and any agent, employee, owner or officer of Redstone by viewing this website. Viewer understands that all communications through e-mail, telephone, or other means of communication to any agent, employee, owner or officer of Redstone may not be protected by the attorney-client privilege and therefore may be discoverable in a court of law.
COMMUNICATIONS. Viewer understands and agrees that Redstone is not obligated to respond to, review or retain unsolicited written or electronic communications received from any Viewer without providing notice to Viewer. Viewer understands and agrees that Redstone may, in its sole discretion, respond to or discard such communications on a case by case basis. If Viewer does not receive a response to a communication sent to Redstone, Viewer is strongly advised to contact Redstone by telephone or immediately seek legal counsel elsewhere.
“AS IS” OF INFORMATION. VIEWER UNDERSTANDS AND AGREES THAT THE SERVICE PROVIDED BY Redstone IS PROVIDED “AS-IS” AND THAT Redstone ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR THE FAILURE TO STORE, UPDATE, OR PROVIDE ANY CONTENT OR OTHER SUBJECT MATTER ON THIS SITE. Information on this website may contain inaccuracies or typographical errors. Information may be changed or updated without notice. Since laws sometimes change, the information on this website is not guaranteed to be accurate, current or complete.
EXTERNAL LINKS. Redstone may not regularly review materials posted on linked sites and does not necessarily endorse or sponsor the materials appearing on linked sites. Redstone may provide links to other websites or resources. Because Redstone has no control over such sites and resources, Viewer acknowledges and agrees that Redstone is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. Viewer further acknowledges and agrees that Redstone shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
DISCLAIMER OF WARRANTIES. VIEWER EXPRESSLY UNDERSTANDS AND AGREES THAT:
- YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. REDSTONE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- REDSTONE MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REDSTONE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOSA.
LIMITATION OF LIABILITY. VIEWER EXPRESSLY UNDERSTANDS AND AGREES THAT REDSTONE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF REDSTONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (iv) ANY OTHER MATTER RELATING TO THE WEBSITE.
INDEMNITY. You agree to defend, indemnify and hold Redstone, and its subsidiaries, affiliates, officers, employees, agents, co-branders or other partners, harmless from any action, claim, proceeding, demand, cost or expense, including reasonable attorneys’ fees, from a third party due to or arising out of your use of the website, your violation of the TOSA, or your violation of any rights of another.
TRADEMARK INFORMATION. Redstone Law Firm, LLP, http://www.redstonelawfirm.com, and the Redstone design logo are trademarks of Redstone (the “Redstone Marks”). You agree not to display or use the Redstone Marks in any manner without first obtaining written permission of an authorized representative of Redstone.
REPRODUCTION OF CONTENT. Viewer understands that the content upon the Redstone website is protected by United States and International copyrights. Viewer agrees not to reproduce, distribute, duplicate, retransmit, copy, sell, resell or exploit for any commercial purposes, any portion of the website without the prior permission of Redstone. Notwithstanding the foregoing, Redstone grants the right to download website materials for personal non-commercial use.
NO GRANT OF LICENSE. Nothing on this website or on any Redstone site, or your use of the website, shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of Redstone, its affiliates or any third party, whether by estoppel, implication or otherwise.
COPYRIGHTS AND COPYRIGHT AGENTS. Redstone respects the intellectual property of others, and we ask all Viewers and contributing writers to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Redstone with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Redstone’s Copyright Agent for notice of claims of copyright infringement is Vance R.C. Goldammer, who can be reached as follows:
Vance R. C. Goldammer
Redstone Law Firm, LLP
101 North Phillips Avenue
Sioux Falls, SD 57104
GOVERNING LAW. The TOSA and the relationship between Viewer and Redstone shall be governed by the laws of the State of South Dakota without regard to its conflict of law provisions.
SECTION TITLES OF TOSA. The section titles in the TOSA are for convenience only and have no legal or contractual effect.
ENTIRE AGREEMENT. The TOSA constitutes the entire agreement between Viewer and Redstone and governs the entire usage and viewing of the website, and supersedes any prior agreements between Viewer and Redstone. No subsequent alteration, amendment, change or addition to the TOSA shall be binding upon either party unless published upon the Redstone website at http://www.redstonelawfirm.com/terms/ or agreed to in writing between the respective parties.
QUOTATIONS. In some cases our clients have provided us with quotes to use on the Website to give each Viewer additional background a Redstone lawyer from the perspective of one or more clients of our firm that have worked with that lawyer. Each quote that is reproduced on this Website came from a current or former client of Redstone, and the quotes been used (anonymously) with written/electronic consent of the respective client. The quotes are used, without attribution, to protect the identity of our client(s), and Redstone did not give or exchange anything of value for the quotes. Any testimonial or endorsement by a current or former client, or any other person, does not constitute a guaranty, warranty, or prediction regarding the outcome of your legal matter.