LEGAL DISCLAIMER & PRIVACY STATEMENT

Ingram Yuzek Gainen Carroll & Bertolotti LLP
Site Terms of Use and Privacy Statement

Last Updated: January 2011

Welcome, and thank you for visiting Ingramllp.com and/or subscribing to the Ingram Blog (collectively, the “Ingram Site” or “Site”) which are owned and operated by Ingram Yuzek Gainen Carroll & Bertolotti LLP (“Ingram” or “we” or “our” or “us”).

Please read these Terms of Use and Privacy Statement (collectively, the “Terms”) carefully before using this Site. Using this Site indicates that you accept these Terms. Ingram provides the Ingram Site to you subject to the following Terms, which may be updated by us from time to time without any notice to you. Any changes are effective upon posting, and you are responsible for regularly reviewing these Terms. Your continued use after a change has been posted constitutes your acceptance of those changes.

If you do not agree to these Terms, your sole remedy is to discontinue use of the Ingram Site.

1. Terms of Use

1. Legal Disclaimers:

1. No Legal Advice: The information contained on the Ingram Yuzek Site is provided for informational purposes only, and should not be construed as legal advice on any subject matter.  No recipients of content from the Site, clients or otherwise, should act or refrain from acting on the basis of any content included in the Site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. The content of the Site contains general information and may not reflect current legal developments, verdicts or settlements. We expressly disclaim all liability in respect to actions taken or not taken based on any or all the contents of the Site.
2. No Tax Advice (Required Tax Disclosure—Circular 230): Any tax information presented on the Ingram Yuzek Site is not intended to constitute a complete analysis of all tax considerations. Internal Revenue Service regulations generally provide that, for the purpose of avoiding United States federal tax penalties, a taxpayer may rely only on formal written opinions meeting specific regulatory requirements. The information presented on the Ingram Yuzek Site does not meet those requirements. Accordingly, such information is not intended or written to be used, and a taxpayer cannot use it, for the purpose of avoiding United States federal or other tax penalties or for the purpose of promoting, marketing or recommending to another party any tax-related matters.
3. No Attorney-Client Relationship: Your access to or use of the Ingram Yuzek Site does not create an attorney-client relationship between you and Ingram Yuzek. If you are not a current client of Ingram Yuzek and you communicate with us through the Site, we are under no obligation to keep confidential your communication nor will the communication invoke the attorney client privilege. Thus, unless you have a pre-existing, documented attorney-client relationship with an Ingram Yuzek attorney, you should not communicate confidential information to Ingram Yuzek.
4. Sensitive Communications: Any information sent to Ingram Yuzek via Internet e-mail or through the Site is not secure and is done so on a non-confidential basis. Ingram Yuzek assumes no responsibility for the loss of confidentiality for any information you transmit through the internet.

2. Proprietary Rights

1. Our Intellectual Property Rights. The materials on the Ingram Yuzek Site, including without limitation any and all text, software, scripts, graphics, photos, and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to Ingram Yuzek, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.

1. Use of the Ingram Yuzek Site. You are hereby granted a nonexclusive, nontransferable, limited license to view and use information from the Site (i) solely for your personal, informational, non-commercial purposes, (ii) on the terms herein, (iii) provided that you do not modify or alter the content in any way, and (iv) provided that you do not delete or change any copyright or trademark notice. Except as expressly provided herein, no part of the Site, including but not limited to materials retrieved and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.  In no event should materials from the Site be stored in any information storage and retrieval system without prior written permission from us.  In addition, you may only use the Site if you agree not to take any action that might (i) interfere with its proper working, (ii) impose an unreasonable or disproportionately large load on its infrastructure, (iii) compromise its security, (iv) render its features inaccessible to others, (v) cause other damage to the Site or any content, or (vi)  launch any automated system, including without limitation, any “robot,” “spider,” or “offline reader” that sends more requests to their server(s) in a given period of time than a human can reasonably generate using a conventional web browser.  Use, duplication, or disclosure by or for the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19.
2. Reproduction Policy. The Ingram Yuzek Wire newsletters are protected by copyright and willful infringement may result in serious legal consequences. However, Ingram Yuzek consents to the copying of its newsletters or articles therein if, and only if, the copied material: (i) is clearly attributed to Ingram Yuzek and to the individual authors if they are named in the newsletter; (ii) is not presented in a way that suggests some other attribution; (iii) is not sold, alone or as part of a collection, for more than the direct costs of reproduction and distribution; and (iv) if you received our permission to reproduce commercially in any form.
3. Linking to the Site. You may hyperlink to the home page of the Ingram Yuzek Site, but you may not frame or mirror the Ingram Yuzek Site or use any meta tags or any other “hidden text” using Ingram Yuzek’s name or trademarks. You must remove any hyperlink to the Ingram Yuzek Site upon Ingram Yuzek’s request.
4. Trademarks. THE INGRAM YUZEK WIRE, INGRAM YUZEK,  INGRAM and other Ingram Yuzek logos, slogans, service marks and trademarks are trademarks of Ingram Yuzek (the “Ingram Yuzek Marks”). Without Ingram Yuzek's prior written permissiom, you agree not to display or use in any manner, the Ingram Yuzek Marks.
5. Credits and Copyright Notice.  The Site was created by Ingram Yuzek.  The entire Site is copyright protected by Ingram Yuzek. All rights are reserved. In addition, certain parts of the Site may also be protected by copyrights belonging to other parties.

3. Registration Obligations.

1. Registration. The Ingram Yuzek Site may allow you to register in order to personalize your viewing of content on the Site and to receive certain publications from Ingram Yuzek. In registering, you agree to provide complete, accurate and up to date information about yourself.
2. Termination. Ingram Yuzek reserves the right to change the Ingram Yuzek Site, including its contents, and to block or terminate access to or use of the Ingram Yuzek Site at any time for any reason and without notice.

4. Third Party Sites. Any links on the Ingram Yuzek Site to third party sites are provided solely as a convenience to you and are not intended to state or imply that Ingram Yuzek sponsors, or is affiliated or associated with, the linked sites. Your privacy and conditions of your use at those websites are governed by the privacy Statement and terms of use at that website and not Ingram Yuzek’s policies and terms.

5. Covered Parties, Other Disclaimers, Limitation of Liability, and Indemnity

1. Covered Parties” means Ingram Yuzek (including affiliated and other related entities), its, business partners and other entities participating in this Site and our publications, and its and their respective officers, directors, partners, principals, managers, members, counsel, employees, contractors, agents, successors, and assigns.
2. Other Disclaimers.  THIS SITE INCLUDING THE INFORMATION PROVIDED THROUGH THIS SITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS AND THE COVERED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  WITHOUT LIMITING THE GENERALITY OF OTHER TERMS HEREIN, THE COVERED PARTIES ALSO DISCLAIM ALL WARRANTIES, RESPONSIBILITY AND LIABILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) USER GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREIN,  (C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN OUR SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREIN, (D) THE UNAVAILABILITY OF THE SITE OR ANY PORTION THEREOF, (E) YOUR USE OF THE SITE, (F) VIRUSES OR OTHER DAMAGING  FACTORS, OR (G) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE.
3. Limitation of Liability.  The Covered Parties are and will not be liable for any damages, including but not limited to any direct, indirect, incidental, special, reliance, or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees, lost profits, savings, or data), in any way due to, resulting from, or arising in connection with the Site, including its content and your use thereof, regardless of any negligence or fault of any of the Covered Parties, and whether or not apprised of the possibility of such damages.  In no event will the aggregate liability of any of Covered Parties related to your use of the Site, including its content, be greater than $50.
4. Indemnity. You agree to promptly indemnify, defend and hold harmless the Covered Parties from any losses, damages, claims, or liabilities of any nature, including reasonable attorneys’ fees as incurred, arising from your use of the Site, including its content, or your breach of the Terms hereof.

6. Authorization.  In accessing or using this Site, you affirm that you (i) are more than 18 years old, or an emancipated minor, or possess legal parental or guardian consent, (ii) are fully able and competent to understand and enter into these Terms of Use and our Privacy Statement, and (iii) agree to comply with these Terms of Use and our Privacy Statement.  In any case, you acknowledge that this Site and information provided thereunder, including our publications are not intended for children under the age of 13, and affirm that you are more than 13 years old.

7. General. These Terms, including the Privacy Statement below, along with any other terms and policies posted on the Ingram Yuzek Site, constitute the entire agreement between you and Ingram Yuzek regarding your use of the Ingram Yuzek Site and supersedes any prior agreements between you and Ingram Yuzek regarding such use, other than any written agreement between you and an authorized representative of Ingram Yuzek. Ingram Yuzek’s failure to enforce any provision on any occasion is not and should not be construed as a waiver of such provision.

8. Governing Law and Jurisdiction.  These Terms of Use and our Privacy Statement are to be governed by and construed in accord with the laws of the State of New York, USA, without regard to choice of law principles, and U.S. federal and state courts located in the State of New York, USA, are the exclusive forum and have sole jurisdiction for any dispute.

9. Severability. If any provision of these Terms, including the Privacy Statement, is found to be void or unenforceable, such provision shall be severed and all other provisions shall remain in force.

2. Privacy Statement

1. APPLICABILITY OF THIS PRIVACY STATEMENT

1. Scope. This Privacy Statement applies to information Ingram Yuzek collects or manages from users of the Ingram Yuzek Site. It does not apply to information received by Ingram Yuzek from you in the course of an attorney-client relationship, or received or collected by Ingram Yuzek offline or through any other means.
2. Individual User Information. If you are a client of Ingram Yuzek, we protect the confidentiality of your information in accordance with the applicable professional standards of conduct. However, if you choose to submit personal information to Ingram Yuzek through the Ingram Yuzek Site (for example, to sign up to receive The Ingram Yuzek Wire), we will store and use that information in accordance with this Privacy Statement unless you notify us otherwise as described below.
3. Third Party Sites. This Privacy Statement also does not apply to information you submit to websites not controlled by Ingram Yuzek, even if linked to the Ingram Yuzek Site, including third party providers of webinar services offered to users of the Ingram Yuzek Site. You should read and understand the privacy policies applicable to such third party sites and service providers.

2. INFORMATION WE COLLECT AND HOW WE USE IT. In general, you may use the Ingram Yuzek Site without providing any information that personally identifies you (“Personal Information”). However, as described in greater detail below, you may choose to provide Personal Information to us. In addition, we will store and use information about you, including information about where and when you browse our Site (“Visitor Information”), to continually improve the quality of our business and our Site, as further described below.  Personal information collected through the Site is saved in the firm's contact database where it may be combined with pre-existing contact information in the database.

1. Personal Information. You may choose to sign up for The Ingram Yuzek Wire through the Ingram Yuzek Site in order to receive this publication and other information from Ingram Yuzek. You also may contact us by e-mail through the Ingram Yuzek Site. In either case, you may be asked to provide us with Personal Information, such as your name, address, telephone number, email address, employer’s name and your title. We use this information in order to provide you with our publications and information you requested and to respond to your comments and questions about our services and this Site. We may also use your Personal Information to send you additional information that we believe may be of interest to you.
2. Visitor Information. When you use the Ingram Yuzek Site, we may collect certain information to help diagnose problems with our server, administer our Site, gather broad demographic information and generate user statistics. The Visitor Information we collect includes your Internet Protocol (IP) address, your Internet host company (e.g., COMCAST), your browser software (e.g., Chrome), your software platform (e.g., Windows 7), the duration of your visit to our Site, and the domain (e.g., .COM, .NET, .CA) of the website from which you arrived at our Site.
3. Cookies. Like many other websites, we use cookies for various reasons. You may also prevent Flash cookies using the settings in your Adobe Flash Player software. Cookies are bits of text that are placed on your computer’s hard drive when you visit certain websites.  We use cookies to tell us, for example, whether you’ve visited us before or if you’re a new visitor, and to help us understand what areas of the website are of greatest interest to you.  Cookies also may enhance your online experience by saving your preferences and password so you do not have to re-enter this information each time you visit our website.  Cookies are not used to identify you and will not collect personally identifiable information.  Most web browsers automatically accept cookies, but you can configure your browser to stop accepting new cookies, to notify you when you a new cookie is received, and to disable existing cookies.  If you choose to disable cookies in your browser, however, you may not be able to take full advantage of all our Site’s features.

3. WITH WHOM WE MAY SHARE YOUR INFORMATION

1. Personal Information. We will not share your Personal Information (including e-mail address) with any third party except (1) with your consent, (2) when we believe in good faith disclosure is required by law, search warrant, subpoena, court order, or other legal process, (3) requested by law enforcement or other governmental authorities, in our discretion, or (4) to third parties who are providing services to Ingram Yuzek as needed to provide such services. We reserve the right to disclose information about you, including Personal Information and data on which pages you have visited, to third parties if we feel it is necessary to protect the security of our systems, Site, business, users or others.
2. Visitor Information. Visitor Information may be provided to third parties at Ingram Yuzek’s discretion so long as the information is not linked to your Personal Information.
3. Transfer of Practice. We may provide and transfer to third parties any or all information regarding the Ingram Yuzek Site, including your Personal Information and Visitor Information, in connection with the transfer of all or a portion of Ingram Yuzek’s practice, whether by merger, acquisition, liquidation or otherwise.

4. CONSENT. The Ingram Yuzek Site is hosted within the United States. By providing any Personal Information to the Site, you consent to the collection, processing, transfer, and storage of such information in the United States, even if the United States has a different level of privacy protection than the protection available under your local law. If you are a user accessing this Site from any region with regulations or laws governing personal data collection, use and disclosure, that differ from United States laws/regulations, please note that through your continued use of this Site, which is governed by U.S. Law, this Privacy Statement, and our Terms of Use, you are transferring Personal Information to the United States and you consent to that transfer.

5. YOUR CHOICE TO OPTING-OUT. The Ingram Yuzek Wire provides current subscribers the opportunity to opt-out of receiving future publications, to do so, please follow the instructions contained therein.

6. Wireless Addresses: If the email address you provide to us is a wireless email address, you agree to receive messages at such address from and/or on behalf of us (unless and until you opt out). You understand that your wireless carrier's standard or premium rates apply to these messages. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.

7. SECURITY MEASURES. We and/or our third party providers use commercially reasonable security measures designed to protect against unauthorized access to Personal Information under our control. However, the firm does not warrant or represent that its level of security meets or exceeds any particular standard, and no server or internet transmission is ever 100% secure or error-free.  You should take this into account when submitting personal or confidential data on any websites, including ours.  Similarly, any information that you send us in an email message or other form through this Site is not confidential or privileged.

8. CHANGES. We may change this Privacy Statement from time to time, and such changes will be effective upon posting the amended terms to the Ingram Yuzek Site. The date of update is specified at the beginning of these Terms.

How to Contact Us. If you have any questions about these Terms, including the Privacy Statement, the practices of the Site, or your dealings with the Site, please contact us via e-mail at: info@ingramllp.com.