AGREEMENT BETWEEN USER AND ELLIOTT & DAVIS, PC

Thank you for visiting Pittsburgh Cyberlaw. This website is operated by Elliott & Davis, PC located at 425 First Avenue, Pittsburgh, PA 15219. By using our Pittsburgh Cyberlaw Website or the other various affiliated Websites owned and operated by Elliott & Davis, PC (collectively, the “Affiliated Websites”) you agree to the following terms, conditions, policies, guidelines or amendments thereto (the “Terms of Use” or this “Agreement”) and all applicable laws.

Please take the time to read these Terms of Use carefully before using Pittsburgh Cyberlaw.  By visiting or browsing the Pittsburgh Cyberlaw website or Affiliated Websites, you accept without limitation or qualification, these Terms of Use. If you to not agree to these Terms of Use, you many not access the Pittsburgh Cyberlaw website or use our Affiliated Websites.

MODIFICATION OF THESE TERMS OF USE
Elliott & Davis, PC reserves the right to update or change these Terms of Use at any time and without prior notice, by posting any such revisions of these Terms of Use behind the link marked “Terms of Use” on the bottom of each page on the Pittsburgh Cyberlaw website and on the bottom of each Affiliated Website. Your continued use of the Pittsburgh Cyberlaw website or Affiliated Websites constitutes your agreement to be bound by the revised Terms of Use.

LINKS TO THIRD PARTY SITES
The Pittsburgh Cyberlaw website or Affiliated Websites may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of Elliott & Davis, PC, and Elliott & Davis, PC is not responsible for the contents of any Linked Site, including and without limitation to any link contained in a Linked Site, or any changes or updates to a Linked Site. Elliott & Davis, PC is not responsible for webcasting or any other form of transmission received from any Linked Site. Elliott & Davis, PC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Elliott & Davis, PC of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Pittsburgh Cyberlaw website or Affiliated Websites, you warrant to Elliott & Davis, PC that you will not use the Pittsburgh Cyberlaw website or Affiliated Websites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Pittsburgh Cyberlaw website or Affiliated Websites in any manner which could damage, disable, overburden, or impair the Pittsburgh Cyberlaw website or Affiliated Websites or interfere with any other party’s use and enjoyment of the Pittsburgh Cyberlaw website or Affiliated Websites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Pittsburgh Cyberlaw website or Affiliated Websites.

USE OF COMMUNICATION SERVICES

The Pittsburgh Cyberlaw website and Affiliated Websites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, social networking services, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Elliott & Davis, PC has no obligation to monitor the Communication Services. However, Elliott & Davis, PC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Elliott & Davis, PC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Elliott & Davis, PC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Elliott & Davis, PC’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Elliott & Davis, PC does not control or endorse the content, messages or information found in any Communication Service and, therefore, Elliott & Davis, PC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Elliott & Davis, PC spokespersons, and their views do not necessarily reflect those of Elliott & Davis, PC.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO ELLIOTT & DAVIS, PC OR POSTED AT ANY ELLIOTT & DAVIS, PC WEBSITE
Elliott & Davis, PC does not claim ownership of the materials you provide to Elliott & Davis, PC (including feedback and suggestions) or post, upload, input or submit to the Pittsburgh Cyberlaw website, Affiliated Websites or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Elliott & Davis, PC, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Elliott & Davis, PC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Elliott & Davis, PC’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PITTSBURGH CYBERLAW WEBSITE OR AFFILIATED WEBSITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ELLIOTT & DAVIS, PC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PITTSBURGH CYBERLAW WEBSITE OR AFFILIATED WEBSITES AT ANY TIME. ADVICE RECEIVED VIA THE PITTSBURGH CYBERLAW WEBSITE OR AFFILIATED WEBSITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

ELLIOTT & DAVIS, PC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE PITTSBURGH CYBERLAW WEBSITE OR AFFILIATED WEBSITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ELLIOTT & DAVIS, PC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELLIOTT & DAVIS, PC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PITTSBURGH CYBERLAW WEBSITE OR AFFILIATED WEBSITES, WITH THE DELAY OR INABILITY TO USE THE PITTSBURGH CYBERLAW WEBSITE, AFFILIATED WEBSITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PITTSBURGH CYBERLAW WEBSITE OR AFFILIATED WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE  PITTSBURGH CYBERLAW WEBSITE OR AFFILIATED WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ELLIOTT & DAVIS, PC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PITTSBURGH CYBERLAW WEBSITE, AFFILIATED WEBSITES OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PITTSBURGH CYBERLAW WEBSITE OR AFFILIATED WEBSITES.

SERVICE CONTACT : contact@elliott-davis.com

TERMINATION/ACCESS RESTRICTION
Elliott & Davis, PC reserves the right, in its sole discretion, to terminate your access to the Pittsburgh Cyberlaw website,  Affiliated Websites and the related services or any portion thereof at any time, without notice.

CHOICE OF LAW AND FORUM
To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Pennsylvania, U.S.A., and you hereby consent to the exclusive jurisdiction and venue of courts in Allegheny County, Pennsylvania, U.S.A. in all disputes arising out of or relating to the use of the Pittsburgh Cyberlaw Website or Affiliated Websites. Use of the Pittsburgh Cyberlaw website or Affiliated Websites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph.

NO JOINT VENTURE, PARTNERSHIP, EMPLOYMENT OR AGENCY RELATIONSHIP FORMED
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Elliott & Davis, PC as a result of this agreement or use of the Pittsburgh Cyberlaw website or Affiliated Websites.

EXISTING LAWS AND LEGAL PROCESSES
Elliott & Davis, PC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Elliott & Davis, PC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Elliott & Davis, PC Web Site or information provided to or gathered by Elliott & Davis, PC with respect to such use.

WAIVER AND SEVERABILITY OF TERMS
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

ENTIRE AGREEMENT
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Elliott & Davis, PC with respect to the Pittsburgh Cyberlaw website and Affiliated Websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Elliott & Davis, PC with respect to the Pittsburgh Cyberlaw website and Affiliated Websites. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Elliott & Davis, PC Web Site are: Copyright 2013 and/or its suppliers. All rights reserved.

TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pittsburgh Cyberlaw (part of Elliott & Davis, PC) respects the intellectual property rights of all of our users, and we want all of our users to do the same. If you feel, at any time, that your copyright has been used in a way that constitutes copyright infringement, you must contact Elliott & Davis, PC  in writing. The writing must contain the following information (for more information, please speak to an intellectual property attorney or reference Section 512(c)(3) or the Copyright Act to confirm all requirements):

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed upon;
  3. A description of where the material that you claim is infringing is located on our Website;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf

Elliott & Davis, PC’s Agent for notice of claims of copyright infringement on this Website can be reached at the following address:

Eric Davis
425 First Avenue, First Floor,
Pittsburgh, PA 15219
(412)-434-4911 x 11
eric@elliott-davis.com

Please note that we take any claims of copyright infringement very seriously. Under section 512(f) of the Copyright Act, if you knowingly or materially misrepresent that material or activity is infringing, you may be subject to liability.

Media Feed

  • Get Your Website Int
  • Today on the Pittsbu
  • How did the FBI trac
  • PghCyberlaw Blog: Ce
  • On 12/7/12, PghCyber
  • Have you heard the l
  • Entrepreneurs: It's
  • Want to learn the ba
  • Do you know the diff

Contact Us

412.434.4911

contact@elliott-davis.com

425 First Avenue, First Floor Pittsburgh, PA 15219

The Hartley Rose Building