TERMS OF A LEGAL AGREEMENT
The following are terms of a legal agreement (“Agreement”) between you and The TMG Firm(“TMG”). By accessing, browsing, and/or using this web site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this site. This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Please read this Agreement carefully and be aware that TMG may, in its sole discretion, and without notice, revise these terms at any time by updating this posting.
Access to This Site
TMG may alter, suspend, or discontinue this site and your access to use this site at any time for any reason without notice or liability to you or any third party. This site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to the user’s systems or operations. The user shall be solely responsible for ensuring that any information or content obtained from this site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair, or otherwise damage the user’s systems, software, or data.
Copyrights and Use of Site Content
The copyright in all materials provided on this site is held by TMG or by the original creator of the material. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of TMG or the copyright owner. You may not “mirror” any material contained on this site without TMG’s express written permission. Any unauthorized use of the materials contained on this site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All content and functionality on this site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of TMG or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
You acknowledge and agree that TMG shall own and have the unrestricted right to use, publish, in electronic form and otherwise, distribute, and exploit any and all information that you post or otherwise publish on this site (“Submissions”). You hereby waive any and all claims against TMG for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution, or any other intellectual property rights in connection with TMG use and publication of such Submissions. This means that anything submitted by you to this site will be owned by TMG and may be used by TMG for any purpose, now or in the future, without any payment to, or further authorization by, you. In the event TMG ownership of such Submissions is successfully contested, you automatically grant TMG a perpetual, royalty-free, non-exclusive, sublicensable, unrestricted, worldwide, and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform, or display such Submissions, in whole or in part, in any form, media, or technology known or hereafter developed for any purpose, including, but not limited to, advertising, and promotional purposes. TMG does not represent or endorse the accuracy or reliability of any Submissions displayed, uploaded, posted on any message board, or otherwise distributed through this site by any user of this site, information provider or any other third party. TMG expressly disclaims any and all liability related to Submissions, and you acknowledge that any reliance upon such Submissions shall be at your sole option, liability, and risk. You covenant that you shall not post or otherwise publish on the site any materials that: (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements. TMG in its sole discretion reserves the right to refuse to post and the right to remove any information or Submission from this site, in whole or in part, for any reason.
TMG makes no representations whatsoever about any other web site which you may access through this one. When you access a non-TMG web site, please understand that it is independent from TMG, and that TMG has no control over the content on that web site, even if TMG provides information or services to the owner of that web site. In addition, a link to a non TMG web site does not mean that TMG endorses or accepts any responsibility for the content or the use of such web site. In fact, TMG disclaims any and all liability and responsibility for such content. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
The trademarks, service marks and logos (“Trademarks”) used and displayed on this site are registered and unregistered Trademarks of TMG Other trademarks, service marks, and trade names may be owned by others. Nothing on this site should be construed as granting, by implication, or otherwise, any license, or right to use any Trademark or any other TMG intellectual property displayed on this site. TMG aggressively enforces its intellectual property rights to the fullest extent of the law. The name TMG and any other Trademarks shall not be used in any way, including in advertising, or publicity pertaining to distribution of materials on this site, without prior written permission from TMG. TMG also prohibits use of TMG and any other Trademarks as part of a link to or from any site unless establishment of such a link is approved in advance by TMG in writing.
No Services, Endorsement, or Professional Consultation
There may be delays, omissions, or inaccuracies in information obtained through your use of this site. The information on the site is provided to you with the understanding that TMG’s provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career, or other advice, or services. Information on this site should not be relied upon for making business, investment, or other decisions or used as a substitute for consultation with professional advisors. Moreover, TMG does not represent or endorse the accuracy or reliability of any advice, opinion, Policy, or other information displayed, uploaded, downloaded, or distributed through this site by TMG, any user, information provider, or any other person, or entity. You acknowledge that any reliance upon such opinion, advice, Policy, memorandum, or information shall be at your sole option, liability, and risk. Most importantly, TMG does not grant any license or other authorization to you to use this site in any manner if such use in whole or in part suggests that TMG promotes or endorses a third party’s causes, ideas, products, services, or web sites.
Disclaimer of Warranties
The site and all materials thereon are distributed on an as is basis without warranties of any kind. To the fullest extent permissible under applicable law, TMG disclaims all warranties, express, or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Specifically, but without limitation, TMG does not warrant that: (i) the information on this site is correct, accurate, or reliable; (ii) the functions contained on this site will be uninterrupted or error free; or (iii) defects will be corrected, or that this site or the server that makes it available is free of viruses or other harmful components. You hereby acknowledge that use of the site is at your sole risk. If you are a California resident, you hereby waive California civil code section 1542 which provides: a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
Limitation of Liability
Under no circumstances shall TMG or any of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, attorneys, and their respective heirs, successors, and assigns be liable for any damages, including direct, incidental, punitive, special, consequential, or exemplary damages that directly, or indirectly result from the use of, or the inability to use, this site or the information contained on this site or obtained from your use of this site, including for viruses alleged to have been obtained from the site, even if TMG has been advised of the possibility of such damages. In no event shall TMG’s or any of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys, and their respective heirs, successors, and assigns total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed $1.00 some jurisdictions may not allow the exclusion of implied warranties in which case some of the above exclusions may not apply to all users.
You hereby indemnify, defend, and hold harmless TMG and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys, and their respective heirs, successors, and assigns (collectively, the Indemnified Parties) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of or relating to any breach by you of this Agreement or the representations, warranties, and covenants you have made by agreeing to the terms of this Agreement. You shall cooperate as fully as reasonably required in the defense of any such claim. TMG reserves the right, at its own expense, to assume the exclusive defense, and control of any matter subject to indemnification by you.
Enforcement of Terms and Conditions
This Agreement is governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. You expressly agree that exclusive jurisdiction resides in the courts of the State of New York. You further agree and expressly consent to the exercise of personal jurisdiction in the State of New York in connection with any dispute or claim involving TMG. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable, and will not affect the validity and enforceability of the remaining provisions.
Infringement Notices and Takedown
TMG prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this site infringes your copyright or other intellectual property rights, you should notify TMG of your copyright infringement claim in accordance with the following procedure. TMG will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA). The DMCA requires that notifications of claimed copyright infringement should be sent to:
THE TMG FIRM
112 W. 34th Street
17th and 18th Floors
New York, NY 10120-2400
TMG would like to keep your personal information as accurate as possible, so reply to any TMG email if you notice any inaccuracies in your information. We may disclose personal information if required to do so by law or in the good faith belief that such action is necessary to: (I) comply with law or comply with legal process served upon us or our agents, representatives, and affiliates, (II) protect and/or defend our rights or property or those of our users or (III) protect the personal safety of our users and/or the public.
If you elect to submit an employment application to us online through our site, all of the information you submit becomes the property of TMG and may be used for any and all purposes ordinarily associated with processing an employment application, as well as for marketing and promotional purposes.