OVERVIEW
Some states may consider this website to be a form of advertising for legal services and thus, requires specific disclosures.
The terms “we”, “us”, and “our” refers to de Vos Devine Law. The term the “Site” refers to devosdevine.com. The term “user,” “you” and “your” refers to site visitors, clients, and any other users of the site.
The following terms and conditions and disclaimers (The Agreement”) tells you about your (and our) rights and makes certain disclosures required by the law.
By using this Website, you give your assent to the terms of the Agreement. If you do not agree to these terms, please do not use the site.
THIS IS NOT LEGAL ADVICE
This website is not intended to create an attorney-client relationship between you and Katherine de Vos Devine. The act of sending an e-mail to this law office and/or receiving an e-mail from this law office does not create an attorney-client relationship. An attorney-client relationship between you and Katherine de Vos Devine can only be established in writing.
As a potential or current client of de Vos Devine Law, you should not rely on the contents of any websites to evaluate your particular situation, and you should always contact a licensed attorney to seek legal advice tailored to your particular case. No user of the Site should act, or refrain from acting, on the basis of information included on devosdevine.com without first consulting legal counsel in the relevant jurisdiction.
All of the information provided throughout the Site including legal education delivered via email, live and recorded events (including webinars), blog posts, and digital legal resources linked in the Library are resources for educational and informational purposes only and should not take the place of hiring an attorney.
de Vos Devine Law cannot guarantee the success of a case and any descriptions or references to past successes does not guarantee future success.
Please note that de Vos Devine Law retains the right not to respond to your inquiry and bears no liability for any consequences this has on you or the outcome of your potential case.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site.
Information provided on the Site and in the Service related to law and the legal needs of actual or potential clients and other information are subject to change. de Vos Devine Law makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. de Vos Devine Law disclaims all liability for any inaccuracy, error or incompleteness in the Content.
ACCOUNT CREATION
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you give to de Vos Devine Law will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
LAWFUL PURPOSES
You may use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
REFUSAL OF SERVICE
We reserve the right to refuse any matter, something we frequently must do because of our capacity limitations.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
Material posted on the website by third parties (for example, blog comments) is not to be attributed to de Vos Devine Law, its values, or its views. de Vos Devine Law requires that content submitted by third parties be presented in a dignified and respectful manner and be of merit, intelligence, relevance, and in furtherance of the discussion. Third-party commentary that fails to meet those standards may be removed without notice. Failure to remove comments does not indicate that de Vos Devine Law believes such standards to have been met. All material submitted remains under the exclusive control of de Vos Devine Law and at its sole discretion may be removed for any or no reason.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to de Vos Devine Law. You retain copyright and any other rights you may rightfully hold in any content which you submit through the Site or Third-Party Services (e.g. sample of creative work uploaded to Dropbox, Clio, etc.). Content you submit to de Vos Devine Law remains yours to the extent that you have any legal claims therein. You agree to hold de Vos Devine Law harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site or Third Party Services, or by sending us testimonials and other positive feedback to the [email protected] email address, you grant us a worldwide, nonexclusive license to use the material for promotional, business development and marketing purposes.
OUR INTELLECTUAL PROPERTY
The Site contains intellectual property owned by de Vos Devine Law, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the de Vos Devine Law name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.”
de Vos Devine Law claims a copyright in work presented at this site. Reproduction, copying, or redistribution of materials on this site for commercial purposes requires the advance written permission of Katherine de Vos Devine which may be requested by emailing us with a description of the content requested, the purposes for which it will be used, and the manner of distribution. Requests will be evaluated on a case by case basis and de Vos Devine Law reserves the right to refuse, restrict, or limit permissions.
Reproduction, copying, or distribution of materials for non-commercial purposes require copyright attribution to de Vos Devine Law, including, if online, an active link to this website. No modifications are permitted without advance express permission.
COMMUNICATIONS AND PRIVACY
When choosing to submit any form on this website, you agree to let us use the data you have
willingly provided to send marketing emails that contain only information we think will be interesting or useful to you. You can unsubscribe at any time using the valid unsubscribe link in everything we send by mass mail.
You agree to let us send personal one-to-one communications to you, which may include sending email address verification messages and replying to queries sent from your mail address.
You can read our full Privacy Policy here.
CHANGED TERMS
de Vos Devine has the right, at our sole discretion, to modify, add or remove any terms or conditions of this Agreement without individual notice to you, by posting the changes on this site. Your continuing use of this site signifies your acceptance of any such changes.
LIMITATION OF LIABILITY
Information provided on this web site is provided “as is” without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. de Vos Devine Law and its staff assume no liability or responsibility for any errors or omissions in the content of this website. Your use of this website is at your own risk. Under no circumstances and under no legal theory shall de Vos Devine Law, or its staff or any other party involved in creating, producing, or delivering this web site’s contents be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character arising from your access to, or use of, this website.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. Links to other websites do not constitute an endorsement of those views. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with de Vos Devine Law. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and de Vos Devine Law pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by de Vos Devine Law shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by de Vos Devine Law.
NOTICES
All notices, requests, demands, and other communications under this Agreement shall be sent to [email protected].
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of North Carolina as applied to contracts that are executed and performed entirely in North Carolina. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Buncombe County, North Carolina. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
Questions about these Terms and Conditions? Email us at [email protected]
Updated: June 2020