Terms & Conditions
Last Updated: October 16, 2016
The terms “we”, “us”, and “our” refer to Kayson. The term “Site” refers to thenewmore.co. The term “user,” “you” and “your” refers to site visitors, potential customers, clients and any other users of the site. The term “Service” refers to general information provided to permit you to learn more about our firm, our services and our professionals, as well as information about business and intellectual property law, and information about legal services in general.
Use of the Service, including all information and educational materials presented herein by Kayson, is subject to the following terms and conditions. These Terms and Conditions apply to all site visitors, potential customers, clients and all other users of the site. By using the Site or Service you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Use of the Site + Service
Materials on thenewmore.co contain general information only to permit you to learn more about our firm, our services and our professionals, as well as information about business and intellectual property law, and information about legal services in general. The information presented is not legal advice, is not to be acted on as such, and is subject to change without notice.
To access or use the Site or the Service, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site or the Service.
Modification of These Terms
Kayson reserves the right to change the terms, conditions, and notices under which thenewmore.co is offered. By using thenewmore.co or sending our office any personal information, you agree to this policy and will be deemed bound to this policy in effect as of the date of such use.
Material You Submit to the Site
You shall not upload, post or otherwise make available on the Site or via email any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
Intellectual Property Rights to Your Materials
We claim no intellectual property rights over the Materials you supply to the Site. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Service. Content you submit to the Site remains yours to the extent that you have any legal claims therein. Notwithstanding the foregoing, you grant Kayson a worldwide, nonexclusive, irrevocable license to display the Materials you supply to us for business development and marketing purposes only. By visiting the site, you agree to hold Kayson harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
Scope of Services
The information provided on the Site is for educational and informational purposes only. It is not legal or medical advice. If you require legal or medical advice, consult an attorney licensed in your jurisdiction or a medical professional. Use of the Site and Service does not establish an client relationship.
An client relationship with prospective clients is established only after an manager of Kayson has expressly communicated the ability to accept a project request. Kayson may decline to provide services if a conflict of interest is discovered. The scope of services to be performed by an member of Kayson will be expressly agreed upon in writing by you before any services are performed, and do not include any services that have been expressly excluded or are otherwise outside the scope of the written agreement. The terms herein do not apply to any client relationship that may exist between you and Kayson in addition to your use of the site; any materials or other communications within such relationship, if any, are governed by the terms of your Engagement Agreement and the applicable Rules of Professional Conduct.
Establishment of Professional Services Relationship and Right to Refuse Service
A client relationship with prospective clients is established only after an manager of Kayson has expressly communicated the ability to accept a project request. We reserve the right to refuse service to any person or entity, without the obligation to assign reason for doing so.
Description of Services
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions.
We use session cookies to ensure that your computer displays thenewmore.co effectively. You have the ability to accept or decline cookies using your web browser settings. If you choose not to accept cookies from thenewmore.co, you may not be able to take full advantage of its features or to receive some of the services thenewmore.co provides.
Links and Email Addresses
Links posted on this website to other websites are provided only as a convenience to our customers and members. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Kayson. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Spamming, the unsolicited broadcasts of email addresses or links in this website, is prohibited and unauthorized.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
The information presented on thenewmore.co is provided “as is” and “as available,” without representation or warranty of any kind. Kayson does not represent or warrant that such information is or will be always current, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Limitation of Liability
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, Kayson is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Kayson has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Kayson’s cumulative liability to you exceed the total purchase price of the Service you have purchased from Kayson, and if no purchase has been made by you Kayson’s cumulative liability to you shall not exceed $100.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Our Intellectual Property
The Site and Service contain intellectual property owned by Kayson including, without limitation, the Kayson logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel,” trademarks, trade dress, copyrights, proprietary information and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in anyway exploit in any format whatsoever any of the Site or Service content, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement; Waiver
This Agreement constitutes the entire agreement between you and Kayson pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us pertaining to the Site and Service. No waiver of any of the provisions of this Agreement by Kayson shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by us.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
5235 E. Southern Ave. D106-158
Mesa, AZ 85206.
Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of Arizona as applied to contracts that are executed and performed entirely in New Jersey. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Maricopa County, Arizona. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected,impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you, accept upon approval by Kayson. Any transfer, assignment, delegation or sublicense by you is invalid.