Please read the following statement carefully:
These Terms of Use and Privacy Policy apply to this site (www.VanMagnessLaw.com, and all of its constituent pages and sub-pages), its associated page on Facebook (https://www.facebook.com/Frederick-Van-Magness-Jr-Attorney-at-Law-109552477969686), and all posts, data, and other information contained therein (collectively referred to herein as this "Website").
By making use of this Website (including but not limited to viewing any information posted thereon from time to time, and/or transmitting information by way of the contact form provided therein) you represent, acknowledge, and confirm your acceptance of the terms stated below. If you do not accept these terms, please do not use this Website.
1. Ownership
This Website is owned and maintained by Frederick Van Magness, Jr. (“THE ATTORNEY”), who is solely responsible for its content. Neither THE ATTORNEY nor this Website are affiliated with any other person or entity for the purpose of engaging in the practice of law or providing legal representation or services.
2. Terms of Use
The materials presented by this Website, are for informational purposes only and are not offered as legal advice as to any particular matter. No reader should act on the basis of these materials without seeking appropriate professional advice as to the particular facts and applicable law involved. The materials are not represented to be correct, complete, or up-to-date.
This Website is not intended to constitute advertising or solicitation of legal clients or representation under applicable laws and ethical rules. THE ATTRONEY does not solicit anyone to seek representation based upon viewing this Website. Nothing contained herein is intended to express or imply that THE ATTORNEY is an expert in any particular field, or a specialist in any certain area of practice, or to promise or guarantee any particular result. Unless otherwise specified with particularity, THE ATTORNEY is not recognized as a specialist or expert in any particular field or area of practice by any organization, state authority or bar association.
3. Disclaimer of Warranties
You acknowledge and agree that this Website is provided on an “as is” and “as available” basis. THE ATTORNEY does not guarantee the accuracy, completeness, timeliness, reliability, suitability or usefulness of any portion of the Website, that this Website will be uninterrupted or error free, that any specific information that is requested will be provided or that this Website or its server are or will be free of computer viruses or other harmful elements. You expressly agree that the entire risk as to the quality and performance of this Website and the accuracy, timeliness or completeness of the content or services is assumed solely by you.
THE ATTORNEY specifically disclaims any and all representations, endorsements, promises, guarantees, and warranties, whether express or implied, regarding this Website, including without limitation, the implied warranties of merchantability and fitness for a particular purpose, title and non-infringement of third-party rights.disclaims any implied warranties and shall not be liable for any direct, indirect, punitive, incidental, special or consequential damages whatsoever. THE ATTORNEY assumes no liability or responsibility for any errors or omissions in the content of this Website and reserves the right to change the content of this Website from time to time.
Under no circumstances will THE ATTORNEY be liable for any loss or damage caused by your reliance on information obtained through this Website. It is your responsibility to evaluate the accuracy, completeness, or usefulness of this Website. In no event shall THE ATTORNEY be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or relating to this Website or this agreement, whether based on warranty, contract, tort, or any other legal theory. Because some jurisdictions do not allow the exclusion or limitation of liability for negligence, consequential, incidental or other damages, in such jurisdictions THE ATTORNEY's liability is limited to the greatest extent permitted by law. Your sole remedy for dissatisfaction with this Website is to stop using it.
4. External Content
THE ATTORNEY has no responsibility for any third-party content referenced by this Website or accessible through this Website by hyperlink or otherwise. Any third-party links appearing on this website are provided only for your convenience. THE ATTORNEY is not responsible for the content, security or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
5. Use Does Not Constitute or Establish an Attorney-Client Relationship
Neither the use of this Website nor the transfer of information to or from this Website shall create or constitute an attorney-client relationship between THE ATTORNEY and any person or entity, nor does THE ATTORNEY promise or guarantee that any such relationship will be established with any person or entity at any time. We appreciate being contacted by people through our Website, however you should not assume that THE ATTORNEY will agree to represent you or provide you legal representation or counsel. THE ATTORNEY does not agree to represent any person or entity, or presume to render any legal counsel or services to the same, without first agreeing with them as to the terms of the relationship and verifying that his representation will not create a conflict of interest. In most cases, THE ATTORNEY requires all terms of representation to be established in writing prior to agreeing to represent a client. Please do not convey to us any information you regard as confidential unless and until a formal lawyer-client relationship has been established with THE ATTORNEY.
6. Confidentiality, Privacy, and Timely Receipt of Information
We cannot treat unsolicited information sent to us as confidential or private. If you communicate with us by e-mail or by way of the contact form provided by this Website, please remember that the Internet tends to be less secure than other communication methods. We make no promise or warranty that your information will be received successfully and/or confidentially, or that its confidentiality will be maintained successfully after it is received.
Also, while we do our best to monitor communications submitted electronically, we are unable to promise or guarantee that any information communicated to us by way of this Website (including but not limited to by way of the contact form) will be received or reviewed in a timely manner, particularly if it is transmitted outside of normal business hours, which are typically 9 a.m. to 5 p.m. Monday through Friday, not including state and federal holidays.
If you intend to communicate confidential or time sensitive information to THE ATTORNEY, please contact THE ATTORNEY directly by telephone.
7. Intended Audience
THE ATTORNEY is licensed to practice law only within the Commonwealth of Massachusetts. In compiling and maintaining this website, THE ATTORNEY does not intend to practice law or solicit clients to perform legal representation or services in any other jurisdiction, or in any location where this Website or its content may fail to comply with all laws and ethical rules.
8. Changes
THE ATTORNEY reserves the right to change the terms of this disclaimer without prior notice or consent by posting any revisions on this Website. In such event, your continued use of this Website will be governed by the terms as so amended.
9. Copyright; Use and Reuse of Material
The entirety of the content in this Website is a collective work owned by Frederick Van Magness, Jr. and is protected by U.S. and international copyright laws. Copyright (c) 2019 Frederick Van Magness, Jr. All rights reserved.
No materials on this Website may be copied, reproduced, uploaded, posted, transmitted, or distributed in any way without the prior written permission of THE ATTORNEY, except you may download one copy of materials on a single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
10. Information Collection, Use, and Sharing
Except as otherwise indicated, THE ATTORNEY only has access to/collects information that you voluntarily give us by filling out a form, via e-mail or other direct contact from you. THE ATTORNEY may use your information to respond to you, regarding the reason you contacted us.
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our Website:
- See what data we have about you, if any.
- Change/correct any data we have about you.
- Have us delete any data we have about you.
- Express any concern you have about our use of your data.
11. Cookies
We use "cookies" on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Your use of this Website is also tracked and monitored by us via Google Analytics, and information about your use of this Website is stored by Google on its servers. For further information on these practices, please consult https://www.google.com/analytics. We do not share or sell this information to any third parties, however, we also make no representation or guarantee of any privacy regarding the same. Usage of a cookie and/or Google Analytics by us is in no way linked to any personally identifiable information on our site.
12. Indemnification
You agree to make THE ATTORNEY whole for any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of this Website or any violation of these Terms of Use.
13. Miscellaneous
In the event that any portion of this Agreement is held to be invalid or unenforceable, the such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course or conduct between the parties nor trade practice shall act to modify any provision of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, except with regard to its conflicts or choice of law rules. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of this Website. You are prohibited from any use of the Website that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by THE ATTORNEY. This Agreement contains the entire agreement of the parties concerning your use of this Website and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.