Welcome to the Kaman & Cusimano, LLC (the “Firm”) Website, including the Firm’s proprietary Association Total Legal Assistance System, referred to as ATLAS (collectively referred to in this Agreement as the “Website”). If you continue to browse, access, and use the Website, you are agreeing to comply with and be bound by the following terms and conditions of use, which govern our relationship with you in relation to this Website (the “Agreement”). The Website may be used only by persons who have accepted the terms of this Agreement, which persons, including you, are referred to as the “User.” If User does not intend to accept this Agreement, User is prohibited from using this Website in any manner.
Except to the extent the Firm is required to do so by its governing documents, Federal or state law, a government entity or agency, or court order, the Firm shall not sell, distribute, or share any personal information you provide. Any personal information we possess will be used for the sole purpose of administering the relationship between the User, and the Firm.
Changes to this Agreement
The Firm reserves the right to revise this Agreement at any time. Registered users of the website will be given the opportunity to “accept” the changes to this Agreement or discontinue their access to the Website. Any changes to these terms will be included in a revised version of this Agreement accessible through the Website. If you are an unregistered user, your continued use of the Website and related services following posting of any changes to this Agreement constitutes your acceptance and agreement to be bound by the changed terms. You are prohibited from accessing the Website and must cease using the Website if you do not agree to be bound by this Agreement or any revised terms and conditions.
The Firm may, in its sole discretion and at any time, discontinue this Website, or any part thereof, with or without notice. You agree that you do not have any rights, property, use, or otherwise, in this Website and that the Firm has no liability to you if this Website is discontinued or your ability to access this Website is terminated.
You agree that you will not take any actions inconsistent with Firm’s ownership of the Website and its content. This Website contains information and content supplied by the Firm, which is the Firm’s intellectual property and is proprietary information. The Website’s design and features and the Website content, including but not limited to software, photographs, audio, video, images, graphics, text, data, documents, and other material may be supplied by the Website’s designer, host, publisher, webmaster, or other third party, and all said content or materials is/are protected under copyright, trademark, patent and other intellectual property laws. Reproduction of any portion of the Website is prohibited other than with Firm’s and/or the copyright holder’s express, written permission, and in accordance with the notice requirements pursuant to the Digital Millennium Copyright Act, which forms part of these terms and conditions. Except for your personal, internal, and non-commercial use, nothing found on the Website may be copied, reproduced, republished, distributed, sold, licensed, transferred, or modified without the express written permission of the Firm.
Your use of this Website constitutes your consent to the receipt of electronic communications from the Firm. The Firm will communicate with you by email or by posting notices on this Website related to notices regarding this Website. You agree that all notices, disclosures, and other communications the Firm provides to you electronically satisfy any legal requirement that such communications be in writing. The Firm is not liable for any error in transmissions, including any failed attempt on your part to communicate with the Firm.
User’s permission to use this Website will automatically terminate in the event that User violates this Agreement. All provisions of this Agreement, other than the permission to use this Website, survive termination. Unauthorized use of this Website may give rise to a claim for damages, injunctive relief, and/or be a criminal offense.
The Firm may suspend or terminate your account or cease providing you with all or part of the Website at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated this Agreement, (ii) you create risk or possible legal exposure for the Firm and/or its partners, directors, officers, attorneys, contractors, staff members, agents, and employees; (iii) our provision of the Website to you is no longer viable, or (iii) the Firm chooses in its sole and complete discretion to terminate your access to the Website.
The content of the pages of this Website is for your general information and use only. It is subject to change without notice. Neither the Firm nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and the Firm is not liable for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this Website is entirely at your own risk, for which the Firm is not liable. It is your own responsibility to ensure that any information made available through this Website meets your specific requirements.
From time to time, this Website may also include links to other Websites. These links are provided for your convenience to provide further information. The Firm makes no representations as to the accuracy or any other aspect of information contained in our Website or any linked websites. In no event will the Firm, its related users, officers, directors, managing agent, owners, contractors, or employees be liable to you or anyone else for any decision made or action taken in reliance on the information in this Website or for any consequential, special, or similar damages, even if advised of the possibility of such damages. Always exercise proper care by consulting with appropriate professionals. The contents of the Website do not constitute advice or real property disclosures and must not be relied upon in making or refraining from making any decision.
The Firm does not warrant or guarantee that its Website, servers, or emails sent by or on behalf of the Firm are free of viruses, worms, or other harmful components, and Firm has no liability or responsibility if any such harmful components infect the User’s software or hardware apparatus. Further, the Firm does not guarantee the continuous, uninterrupted and error-free operation of its Website, or that all communications between you and the Firm or between you and any other user of the Website, will be secure from access or interference by third parties.
Unless you obtain the Firm’s express, written permission, you may not engage in:
· Creating a link to this Website from another website or document.
· Copying/duplicating any content or images found on this Website except for your personal, internal, and non-commercial use.
· Distribution or sharing of passwords and/or access.
· Attempting to impersonate any person associated with the Firm.
· Any activity which adversely affects the ability of others to use this Website as it is intended.
· Using the email system to send unsolicited emails.
· Utilizing user contact information for any use other than non-commercial related business.
· Obtaining access to sections of the website that you would not otherwise be entitled to as a board member or property manager.
Depending on your status and relationship with the Firm, you may be assigned an account and password in order to access certain areas of this website. Access to these areas is restricted by the Firm in its sole discretion. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify the Firm of any unauthorized use of your password or account or any other breach of security. The Firm cannot and will not be liable for any loss or damage arising from your failure to comply with this section. By registering for restricted portions of the Website, including ATLAS, you agree that you are a current, lawfully elected board member or property manager of your association. Unauthorized access is strictly prohibited. All persons attempting to access ATLAS without authorized access will be subject to prosecution and civil liability.
We provide our Website using a commercially reasonable level of skill and care. Other than as expressly set out in these terms or additional terms, the Firm does not make any specific promises or warranties about the Website or services available. The Firm does not make any commitments about the Website’s content, function, reliability, availability, or ability to meet your needs. The Firm provides the Website in an “as is” format. To the extent permitted by law, we exclude and disclaim all warranties.
Limitation of Liability
To the maximum extent permitted by applicable law, the Firm is not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from (i) User’s access to, use of, or inability to access or use the Website; (ii) any conduct or content of any third party on the Website, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; (iii) any content obtained from the Website; or (iv) unauthorized access, use, or alteration of your transmissions or content on the Website. In no event will the Firm’s aggregate liability entities exceed one hundred U.S. Dollars (U.S. $100.00). These limitations apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence), or otherwise.
To the fullest extent provided for by law, User will indemnify, hold harmless, and defend the Firm, its Directors and officers, the Firm’s representative(s), and its owners, and all of their heirs and assigns, against all liabilities, claims, damages, losses, and expenses, including, but not limited to, reasonable attorneys’ fees and court costs, that may arise out of, relate to, or be caused by any act or omission of User, in the performance of the Website’s use or violating any part of this Agreement.
This Agreement is intended to be performed in accordance with, and only to the extent permitted by, all applicable laws of the State of Ohio.
The Firm’s failure to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. In the event that any provision of this Agreement is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of this Agreement will remain in full force and effect.
Statute of Limitations
User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
These terms and conditions, together with any documents expressly referred to in them, contain the entire Agreement between the Firm and User relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral, between the Firm and User in relation to such matters. No oral explanation or oral information given by any party will alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you will have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
Terms and Construction
The section headings contained in this Agreement are for convenience only and do not define, limit, or construe the contents of such sections. This Agreement will be construed according to the fair meaning of the language used and not strictly construed in favor or against either party. The failure of any party hereto to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option or right conferred, on any one or more instances, will not be construed to be a waiver or relinquishment of any such option or right, or of any other covenants or agreements, but the same will be and remain in full force in effect.
Notices to Firm
Should you have any questions, request for permission, or have reason to notify the Firm, please contact us.
Effective Date: March 1, 2014