Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE “Terms of Use”) CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND THESE TERMS OF USE SET OUT HERE AND AGREE TO BE BOUND BY THESE TERMS OF USE SET OUT HERE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, PLEASE EXIT THIS WEBSITE AND DO NOT USE IT OR ITS INFORMATION.

Introduction

The information on this page governs your use of this website. Bayard reserves the right to change or modify any of the terms and conditions contained in these Terms of Use or any policy or guideline of this website, at any time and in its sole discretion and without notice. Any changes or modification will be effective immediately upon posting of the revisions on this website, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this website following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review these Terms of Use and applicable policies from time-to-time to understand the terms and conditions that apply to your use of this website. If you do not agree to the amended terms, please exit this website and do not use it or its information.

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Bayard for products, services or otherwise. If you are using this website on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf, and that such entity agrees to indemnify you and defend, indemnify and hold harmless Bayard, its partners, members, associates, consultants, independent contractors, service providers and agents, and their respective directors, employees and agents from any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) resulting from your failure to comply with terms set out here, including without limitation any actual or threatened suit, demand or claim made against Bayard and/or its partners, members, associates, consultants, independent contractors, service providers and agents, arising out of or relating to the Site Materials, your conduct, your violation of these Terms of Use or your violation of the rights of any third party. If you have any questions about this obligation, you should contact Bayard, P.A. to clarify your questions.

Please read the following information carefully

No Attorney-Client Relationship Formed

Although we hope that you will find the content of this website informative, all materials on this website are provided by Bayard, P.A. for informational purposes only and do not contain legal advice, legal opinions or any other form of advice regarding any specific facts or circumstances. Information provided on this website may not constitute the most current or complete information with respect to legal topics or developments. Accordingly, a recipient of information from this website should not take or refrain from taking any action based on information on this website without first seeking legal advice from competent counsel in the relevant jurisdiction. Bayard, P.A. expressly disclaims all liability based on any information contained on this website.

The transmission and receipt of information contained on the website neither form nor constitute an attorney-client relationship with Bayard, P.A., or any of its partners, members, associates, consultants, independent contractors, service providers and agents. Any use of the information contained on this website or transmittal of information from emails on this website do not give you a reasonable basis for a belief that that use creates an attorney-client relationship.

Transmission of Information

If you would like Bayard, P.A. to represent you, the best way to initiate a discussion about that representation is to call the firm at +1-302-655-5000. It is important that we not create a conflict of interest between you and any of our current or past clients. This protects both you and them. Therefore, under no circumstance should you provide us with information, materials or documents pertaining to a matter without first speaking to one of our attorneys and receiving confirmation that the appropriate conflict checks have been cleared and the firm determines that it is otherwise able to accept the engagement.

The sending of an email to a Bayard lawyer does not create, and the receipt of it does not constitute, an attorney-client relationship. Unless we have created an attorney-client relationship in writing, please understand that no information, materials or documents provided in an email that you send to anyone at the firm will prevent Bayard from (i) representing a different client in the same matter, including representing a party adverse to you in the same matter, and (ii) using any such information, materials or documents you submit to us against you in that matter. Also, by acknowledging the terms here, you consent to the Firm’s subsequent use of information, materials or documents that you provide us in the representation of another client. Consequently, please do not send confidential or sensitive information, materials and/or documents to anyone at the Firm until you have been notified that a formal attorney-client relationship has been established.

If you communicate with us by email in connection with a matter for which we already represent you, you should note that the security of Internet email is uncertain. By sending sensitive or confidential information, materials or documents through email messages that are not encrypted, you accept the risks of such uncertainty and possible lack of confidentiality over the Internet.

Our “Cookie” Policy

This website uses cookies to improve functionality and performance. Cookies are small, often encrypted text files, that are stored on a browser, device or computer hard drive when a user’s browser loads certain websites. The website sends information to the browser which then creates a text file. Bayard does not use cookies to retrieve information that is unrelated to your visit to or your interaction with the website. By continuing to use our website, you are giving implied consent to our placing cookies on your computer in order to analyze the way you use our website. Please read our Cookie Policy carefully for more details about the information we collect when you use this website.

What Personal Information Does Bayard Collect?

When you visit the public area of Bayard’s website, you remain anonymous. To the extent you use email links via the website to communicate with Bayard or anyone affiliated with Bayard and provide us with personally identifiable information, however, you will not remain anonymous. Because it is not possible to anticipate every conceivable context in which such information might be provided to us via email, Bayard can provide you no assurance that personally identifiable information you choose to provide to us via email will be maintained as private.

Bayard collects your Internet Protocol (IP) address. An IP address is a number that is assigned to your computer when you use the Internet. The IP address data that we collect does not contain any personally identifiable information about you and is used to administer our website, to determine the numbers of different visitors to the website and to gather broad demographic data.

The non-personally identifiable data that Bayard collects in these ways is accessible by certain Bayard personnel as well as certain third-party website designers and personnel involved with the third-party service that hosts the website. Bayard uses all non-personally identifiable data that it collects internally and together with its website designer and host in order to improve the website. The information is used, for example, to evaluate what portions of the website are more popular than others, to determine from where visitors came to the website, and to determine how many times particular pages of the website were accessed in aggregate. Bayard personnel may use the data to prepare reports regarding website activity as part of the process of maintaining and improving the website.

What Steps Does Bayard Take to Protect Your Privacy?

To the extent permitted by law, Bayard will not sell, share, or otherwise disclose any of the information it collects online without your permission. Exceptions are disclosures to third parties who monitor the website, to parties who assist or cooperate in preparing firm mailings and to third parties with whom Bayard may co-sponsor an event (in which case Bayard may share attendee lists for purposes of the event). In addition, Bayard does not presently collect personally identifiable information via the public area of its website except to the extent that such information is provided from visitors who voluntarily submit a feedback/inquiry form, send electronic mail to Bayard or any of its lawyers, register for events, subscribe to newsletters or submit resumes through the website. Personal information collected through this website is saved in Bayard’s contact database where it may be combined with pre-existing contact information in the database. Bayard and the host of its website take reasonable security precautions to maintain the privacy of the data that is collected, such as ensuring that it is accessible only to appropriate personnel.

Is Data Storage and Processing Conducted in the United States?

Regardless of where you are located, this website collects information and processes and stores that information in databases located in the United States.

Limitation of Liability

Although Bayard, P.A. makes reasonable efforts to keep material on this website current, please understand that laws, regulations, other legal authorities and other information change quickly and may not be fully reflected on this website without delay. Therefore, you should not act upon any information on this website without seeking professional counsel. Bayard, P.A. makes no warranties, representations or claims of any kind with respect to any of the information on this website, including without limitation the accuracy, completeness and suitability for any purpose of this information. In particular, we do not promise that the content in this website applies to your situation or that the information is contained herein is complete, accurate, or up-to-date. You should not rely or act upon any law-related information provided over the Internet without conferring directly with qualified counsel. We disclaim any responsibility and liability in connection with any actions taken or not taken based on any of our website content. Under no circumstance shall Bayard, P.A. or any of its partners, members, associates, consultants, independent contractors, service providers and agents involved in the creation or delivery of the material on this website be liable to you or anyone else as a result of damages from your access or use of material on this website.

IN NO EVENT SHALL BAYARD, ITS PARTNERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THIS WEBSITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM BAYARD, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BAYARD’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BAYARD, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE SERVICES OR TO THESE TERMS OF USE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO BAYARD FOR ACCESS TO OR USE OF THIS WEBSITE.

Copyright

Unless otherwise indicated in this website, this website and all content and other materials on this website, including, without limitation, the Bayard logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Bayard or its licensors or users and are protected by U.S. and international copyright laws. You may use this material only for personal informational purposes. If you wish to use the material for any other purposes, you must have the expressed consent of Bayard, P.A. to do so. ©2014-2015 Bayard, P.A. | All Rights Reserved.

You are granted a limited, non-sublicensable license to access and use this website and electronically copy (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms of Use and does not include: (a) any resale or commercial use of this website or the Site Materials therein; (b) the distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of this website and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of this website, the Site Materials or any information contained therein, except as expressly permitted on this website; or (f) any use of this website or the Site Materials other than for its intended purpose. Any use of this website or the Site Materials other than as specifically authorized herein, without the prior written permission of Bayard, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Bayard has adopted a policy of terminating, in appropriate circumstances and at Bayard’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Bayard may also at its sole discretion limit access to this website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Copyright Complaints

If you believe that anything on this website infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below:

Name of Agent Designated to Receive Notification of Claimed Infringement: Scott D. Cousins

Full Address of Designated Agent to Which Notification Should be Sent: Bayard, P.A., 222 Delaware Avenue, Suite 900, Wilmington, DE 19899

Telephone Number of Designated Agent: +1-302-655-5000

Facsimile Number of Designated Agent: +1-302-658-6395

Email Address of Designated Agent: scousins@bayardlaw.com

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Trademarks

BAYARD, AGGRESSIVE ADVOCACY, UNCOMPROMISING DEDICATION, STRATEGIC EXPERIENCE, the Bayard logo and any other product or service name or slogan contained in this website are trademarks of Bayard and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Bayard or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Bayard” or any other name, trademark or product or service name of Bayard without our prior written permission. In addition, the look and feel of this website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Bayard and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in this website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Hyperlinks to Other Websites

Some hyperlinks within our website may lead you to other sites (third-party sites). We provide these hyperlinks to you only as a convenience, and the inclusion of any hyperlink does not imply affiliation, endorsement or adoption by Bayard of any site or any information contained therein. Bayard, P.A. does not have control over those websites and, accordingly, makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from this website, or websites linking to this website. Moreover, we undertake no obligation to review or ensure enforcement or compliance with the privacy policy of any website to which it links. Accordingly, once you go to a third-party website, you are subject to the terms, conditions of use and privacy policies of the third-party website. Therefore, Bayard urges you to review the privacy policies posted on these third party websites at the time you first visit such sites.

Hyperlinks to Our Website

You are granted a limited, non-exclusive right to create a text hyperlink to this website for noncommercial purposes, provided such hyperlink does not portray Bayard or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Bayard logo or other proprietary graphic of Bayard to link to this website without the express written permission of Bayard. Further, you may not use, frame or utilize framing techniques to enclose any Bayard trademark, logo or other proprietary information, including the images found at this website, the content of any text or the layout/design of any page or form contained on a page on this website without Bayard’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Bayard or any third party.

Limitations on Use

You are hereby notified that the owners of the email addresses published on this website do not wish to receive and you are prohibited from sending unsolicited commercial email messages for services or products to the email addresses provided on this website.

You are prohibited from attempting to interfere with the proper function of this website.

You are prohibited from forging any email addresses.

You are prohibited from framing any content of this web site.

You are responsible for all damages and costs resulting from these actions in any way and from any illegal actions involving the website of Bayard, P.A. whether or not enumerated here. If you have any questions about your obligations set out here, you should contact Bayard, P.A. to clarify your questions.

Children’s Privacy

This website is directed to businesses, governmental entities, and adult individuals who may be interested in our legal services. This website is not designed for or directed to children under 14 years of age, and we do not expect children to be attracted to or to use this websites. If you are under 14, please do not submit any personal information on this website. We do not knowingly collect or maintain information from children, and will delete any such information if it is brought to our attention.

Disclaimers

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY BAYARD, THIS WEBSITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BAYARD DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THIS WEBSITE AND THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. BAYARD DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEBSITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

BAYARD IS NOT RESPONSIBLE FOR TYPOGRACCICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHCY. WHILE BAYARD ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THIS WEBSITE AND THE SERVICES SAFE, BAYARD CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

Bayard reserves the right to change any and all content contained in this website and to modify, suspend or discontinue this website or any Services offered through this website or any features or functionality of this website or the Services at any time without notice and without obligation or liability to you. Reference to any products, Services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Bayard.

Applicable Law and Venue

These Terms of Use and your use of this website shall be governed by and construed in accordance with the laws of the State of Delaware, applicable to agreements made and to be entirely performed within the State of Delaware, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state and federal courts located in New Castle County, Delaware and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

Attorney Advertising Notice and Disclosures

Some of the content of this website is considered advertising material under the Rules of Professional Conduct in Delaware as well as other states. Prior results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask us to send you free written information about our qualifications and experiences. This website is not intended to be advertising and Bayard, P.A. does not wish to represent anyone desiring representation based upon viewing this website in a state where this website does not comply with all laws and ethical rules of that state. This website is not an offer to perform legal Services in any jurisdiction other than those in which we are licensed to practice, as set forth in the individual descriptions of our lawyers.

In the event you believe this website does not comply with the rules of the state where you reside, you should disregard its contents and, if you wish, seek information about the Services provided by Bayard, P.A. from other resources or directly from the firm, its partners, members, associates, consultants, independent contractors, service providers or agents.

Scott D. Cousins of Bayard, P.A. is responsible for the contents of this website. The principal office of Bayard, P.A. is located at 222 Delaware Avenue, Suite 900, Wilmington, DE 19801, +1-302-655-5000. If you have any questions regarding the contents of this website, please contact us by emailing us at scousins@bayardlaw.com.

Last updated: October 12, 2016

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