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Boland Law Group.com
Disclaimer & Terms of Use

These terms of use constitute an agreement (“Agreement”) made between Boland Law Group, PLLC (herein “BLG”) and any person, software, or computer accessing BLG’s website (the “Site”). This site (together with any successor site(s) and all Services) is operated by BLG. Your use of the Site is governed by this Agreement, regardless of how you access the Site (including through the Internet, through Wireless Access Protocol (commonly referred to as "WAP"), through a mobile network, or otherwise). If you are unable to accept and abide by these terms, please do not use this site or its information. Also note that we may change these terms and conditions from time to time without otherwise providing notice. You should refer to this material whenever using the site.

1. Site Description

a. Description. The Site is proprietary to BLG and is protected by intellectual property laws and international intellectual property treaties. Your access to the Site is licensed and not made available to unconditionally to You. Subject to the terms and limitations set forth in this Agreement, BLG agrees to provide You with a personal, non-transferable and non-exclusive right to access, view and use the Site.

b. Accessibility. You agree that from time to time the Site may be inaccessible or inoperable for any reason, including, without limitation:

i. Equipment malfunctions;

ii. Periodic maintenance procedures or repairs which BLG may undertake from time to time; or

iii. Causes beyond the control of BLG, whether or not foreseeable.

c. Equipment. You shall be solely responsible for providing, maintaining and ensuring compatibility with the Site, all hardware, software, electrical and physical requirements for your use of the Site, including, without limitation, telecommunications and Internet access connections and links, web browsers or other equipment, programs and services required to access and use the Site.

d. Nature of Site Content. BLG makes information available on this Site as a service to our clients and other friends for informational purposes only. The materials on this Site are not intended to constitute advertising, solicitation, or legal advice, and transmission of the information from this Site is not intended to, nor does it, create an attorney-client relationship between BLG and you, or anyone else. This Site is not intended to be used as a substitute for legal advice, nor should You consider it as such. You should not act (or refrain from acting) based upon information in his Site without obtaining professional advice regarding your particular facts and circumstances.

2. Limitations

a. Security. You shall be solely responsible for the security, confidentiality, integrity, and use of all messages and/or the content hat You transmit to the site.

b. Privacy. When reasonably practicable, BLG will attempt to respect your privacy. BLG will not monitor, edit, , or disclose any personal information about You, including Your use of the Site, without Your prior consent unless BLG has a good faith belief that such action is necessary to:

i. Comply with legal process or other legal requirements of any governmental entity;

ii. Protect and defend the rights or property of BLG;

iii. Enforce this Agreement;

iv. Protect the interests of users of the Site other than you or any other person; or

v. Operate or conduct maintenance and repair of BLG’s services or equipment, including the Site as authorized by law. You have no expectation of privacy with respect to the Internet generally or this Site in particular.

c. Limitation of Liability. Although Boland Law Group, PLLC makes reasonable efforts to keep material on this web site current, please understand that laws, regulations, other legal authorities and other information change quickly and may not be fully reflected on this site without delay. Therefore, you should not act upon any information on this website without seeking professional counsel. Boland Law Group, PLLC makes no warranties, representations or claims of any kind with respect to any of the information on this web site, including without limitation the accuracy, completeness and suitability for any purpose of this information. Under no circumstance shall Boland Law Group, PLLC or any of its partners, associates, consultants or agents involved in the creation or delivery of the material on this web site be liable to you or anyone else as a result of damages from your access or use of material on this web site.

UNDER NO CIRCUMSTANCES SHALL BLG BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, ACCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE, ANY LINKED SITE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE OR ANY LINKED SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THOUGH THE SITE OR ANY LINKED SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE EVEN IF BLG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING HAT ANY EXCLUSIVE REMEDY SHALL FAIL OF ITS ESSENTIAL PURPOSE OR OTHERWISE BE UNAVAILABLE. IN NO EVENT SHALL BLG’s TOTAL LIABILITY TO YOU FOR ANY DIRECT DAMAGES WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE EXCEED THE TOTAL AGGREGATE AMOUNT OF $5.00.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN THE PRECEDING PARAGRAPH WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU.

IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS OF USE, THE SITES AND/OR THE ABA CONTENT, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE SITES, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT HAS NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY.

3. Attorney-Client Relationship

a. Creation of an Attorney-Client Relationship. Use of this Site by You or Your contact with BLG by email or otherwise will not establish an attorney-client relationship between You and BLG unless and until a shareholder in BLG expressly and explicitly agrees IN WRITING that the firm will undertake an attorney-client relationship with You. As a result, you should not transmit any confidential or sensitive information to us until a formal attorney-client relationship has been established.

BLG DOES NOT UNDERTAKE TO REPRESENT ANY PERSON OR ENTITY WITHOUT OBTAINING ALL NECESSARY INFORMATION CONCERNING POTENTIAL CONFLICTS OF INTEREST AND EVALUATING THAT INFORMATION, AND UNTIL SUCH A CONFLICTS CHECK IS COMPLETED AND EVALUATED, BLG WILL NOT UNDERTAKE AN ATTORNEY-CLIENT RELATIONSHIP WITH A PERSON OR ENTITY, AND EVEN IF SUCH A CONFLICTS CHECK REVEALS NO CONFLICTS UNDER APPLICABLE ETHICS RULES, BLG MAY, IN ITS DISCRETION, DECLINE TO ACCEPT ATTORNEY-CLIENT RELATIONSHIP WITH ANY PERSON OR ENTITY. BLG MAY US YOUR INFORMATION TRANSMITTED VIA EMAIL FOR THIS SITE FOR ANY PURPOSE, IF YOU ARE NOT A CLIENT AND IF YOU HAVE NOT ESTABLISHED AN ATTORNEY-CLIENT RELATIONSHIP PURSUANT TO THE PARAGRAPH ABOVE.

b. Confidentiality of Information Transmitted to BLG. You also should be aware that if You send messages to BLG (or any of its attorneys, staff, employees, agents or representatives) through Internet electronic mail or through the BLG home page, such means are not secure, and BLG does not guarantee the confidentiality of such communications. BLG does not agree to accept and/or maintain the secrecy of any unsolicited information You send to BLG except if and attorney-client relationship currently exists between us. No attorney-client relationship is created unilaterally by your sending to BLG any information whether or not You consider such information to be confidential. Although BLG makes reasonable efforts to read emails that we receive, BLG reserves the right not to read or respond to any unsolicited communications.

The transmission and receipt of information contained on the Web site neither form nor constitute an attorney-client relationship with Boland Law Group, PLLC, or any of its partners, associates or consultants. Any use of the information contained on this web site or transmittal of information from emails on this web site do not give you a reasonable basis for a belief that that use creates an attorney-client relationship. Under no circumstance should you provide us with information 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. If you email or otherwise provide information, materials or documents prior to your receipt of such confirmation and an appropriate engagement, we may not be able to treat that information as privileged, confidential or protected information. In addition, we can represent a party adverse to you even if the information you submit to us could be used against you in that matter.

c. Attorney Advertising. The contents of this Site may constitute advertising under the applicable laws, regulations and ethical rules (the “Bar Rules”) of some jurisdictions. If this Site fails to comply with the Bar Rules of the state in which You are viewing this Site, BLG does not wish to represent You. Unless otherwise noted, BLG attorneys are NOT certified by the Boards of Legal Specialization of any State.

d. Changes. BLG reserves the right to change, modify, add or remove ant portion of this Agreement, in whole or in part, at any time in our sole and absolute discretion. Changes in this Agreement will be posted on this Site or available by contact our main office as detailed below. Your continued use of this site after any changes are made shall be deemed your acceptance of the changes.

4. Rules of Conduct. While using the Site you will comply with all applicable laws, rules, and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Site pursuant to Section 12 below. You agree that you will not:

a. Use the Site for any fraudulent or unlawful purpose.

b. Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.

c. Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.

d. Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.

e. Transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.

f. Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).

g. Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.

h. Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site.

i. Remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.

j. Frame or mirror any part of the Site without our express prior written consent.

k. Create a database by systematically downloading and storing Site content.

l. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine," or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances.

m. Use any links to the Site from any other Web sites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of this Site with any other Web site without our prior written permission.

5. Limitations on Use; Prohibited Uses. You are hereby notified that the owners of the email addresses published on this site 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 site. You are prohibited from forging any email addresses. You are responsible for all damages and costs resulting from these actions in any way and from any illegal actions involving the web site of Boland Law Group, PLLC whether or not enumerated here. If you have any questions about your obligations set out here, you should contact Boland Law Group, PLLC to clarify your questions.

You are solely responsible for any and all of your act and omissions that occur while using the Site, which includes, without limitation, use of the Site to: (a) transmit unsolicited messages, chain letters, or commercial email; (b) transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) transmit viruses, Trojan horses or any other malicious code or programs; (e) engage in systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from BLG by use of scrapers or other tools; or (f) engage in any other activity deemed by BLG to be in conflict with the spirit or intent of this Agreement.

This Site may periodically provide links to third-party Web sites (“Third-Party Sites”). This Agreement governs only this Site and not any Third-Party Sites. Our decision to link to a Third-Party Site is not an endorsement of the content or services in that linked Third-Party Site. Boland Law Group, PLLC does not control these Third-Party Sites and expressly disclaims any responsibility for the content, the accuracy of the information and any products or services available on the Third-Party Sites. If you decide to access linked Third-Party Sites, you do so at your own risk. You should direct any concerns regarding any Third-Party Sites to the administrator of the applicable Third-Party Site. You should also refer to the separate terms of use, privacy policies and other rules posted on Third-Party Sites before you use them.

6. Indemnification. You must defend, indemnify and hold harmless Boland Law Group, PLLC, its partners, associates, affiliates, shareholders, directors, officers, co-branders, subsidiaries, parents, employees, agents, whole for any and all claims, and consultants from any claims, damages, costs and expenses resulting from your failure to comply with terms set out here. If you have any questions about this obligation, you should contact Boland Law Group, PLLC to clarify your questions.

You agree to defend, indemnify and hold harmless Boland Law Group, PLLC, its shareholders, directors, officers, employees, agents, associates and consultants from and against any action, claim, damages, debt, demand or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of relating to:

a. (a) your use of the Site, including any data or work transmitted or received by You; and

b. (b) an unacceptable use of the Site, including, without limitation, any statement, data or content made, transmitted or republished by You which is prohibited as unacceptable at Sections 4 and 5.

7. Copyright. Boland Law Group, PLLC claims a copyright to the material on this web site. The Site is protected by copyright pursuant to US copyright laws, international conventions and other copyright laws. The contents of the Site are only your personal, informational and noncommercial use. All materials contained on the Site are protected by copyright and are owned or controlled by us or the party credited as the provider of the content. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the site. If you wish to use the material for any other purposes, you must have the expressed consent of Boland Law Group, PLLC to do so. All rights reserved.

8. Disclaimers.

THIS IS AN ADVERTISEMENT. Robert W. Boland, Jr. is the Managing Attorney of BLG and is located in our Scottsdale law office at 14850 N. Scottsdale Road, Suite 350, Scottsdale, Arizona, 85254; Phone 480-656-8775.

No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. There is no guarantee of results in any matters.

Robert W. Boland, Jr. is licensed in the states of Arizona, Colorado, and Missouri, as well as the United Stated District Court of Arizona and the United States Tax Court. BLG Attorneys are licensed to practice law in various jurisdictions, please contact us for specific details.

ALWAYS CONTACT A LICENSED ATTORNEY FOR ANY LEGAL ADVICE.

The BLG Site does not advise on any tax requirements or issues. Use of any information from this site or any other web site referred to is for general information only and does not represent tax advice either express or implied. You are encouraged to seek professional tax advice for any tax questions and assistance.

9. Circular 230 Statement.

Even if the information contained in this web site were construed to be written tax advice, we do not believe any issue discussed in this web site relates to a Listed Transaction. We believe the strategies and tax benefits sought referred to herein are consistent with the Internal Revenue Code of 1986 as amended (Code) and Congressional purpose. Furthermore, we intend his written advice not to constitute a Reliance Opinion nor a Marketed Opinion nor be issued under Conditions of Confidentiality within the meaning of section 10.35(b)(4), (b)(5) and (b)(6) respectively of IRS Circular 230. Specifically, You are hereby advised that any written U.S. federal tax advice contained herein was not intended nor written to be used, and cannot be used, by any person for the purpose of avoiding tax penalties that may be imposed under the Internal Revenue Code with respect to any transaction or matter addressed. Without our prior express written consent, no person may use any written tax advice contained in this website in the promotion, marketing or recommendation of a partnership or other entity, investment plan or arrangement to one or more taxpayers. Nevertheless, there in no limitation on the disclosure of the tax treatment or tax structure of any transaction that is the subject of the written advice herein contained.

10. Miscellaneous

Waiver and Severability. The failure of to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

Notice. All notices shall be in writing and shall be deemed to be delivered when sent by e-mail to either parties’ last know e-mail address. You hereby consent to notice by email.

Law. This Agreement s made in and shall be governed by the laws of the State of Arizona without reference to its choice of law provisions. All actions, claims, or disputes arising under or relating to this Agreement shall be brought in the federal or state courts within Maricopa County, Arizona. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the federal and/or states courts within Maricopa County, Arizona. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to exercise of personal and subject matter jurisdiction by the federal or state courts within Maricopa County, Arizona and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court within Maricopa County, Arizona.

Headings. The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.

Force Majeure. If the performance of any part of this Agreement by either party is prevented, hindered or delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that is it prevented, hindered or delayed by such causes.

Survival. The terms and provisions of Sections 2, 3, 4, 5, 6, 7, 8, and 9 shall survive any termination or expiration of this Agreement.

11. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Site and supersedes any and all prior or contemporaneous communication, representations, statements and understandings, whether oral or written between the parties concerning the site.

BY VISITING OUR WEBSITE YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THE FOREGOING TERMS & CONDITIONS OF USE SET FORTH IN THE ABOVE AGREEMENT.