Terms Of Use

Legal Information
All Content is for informational purposes only and may not reflect the most current legal developments. The Content of this Site may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. This is not offered as legal or any other advice on any particular matter. Any opinions expressed are the opinions of the particular author and may not reflect the opinions of Flynn & Wirkus or any individual attorney. Transmission and receipt of information on the Site, in whole or in part, or communication with Flynn & Wirkus via the Internet or e-mail through this Site does not constitute an attorney-client relationship between you and Flynn & Wirkus. Confidential information should not be sent in response to this Site, whatever you disclose to us will not be privileged or confidential unless we have agreed to act as your legal counsel and you have executed a written engagement agreement with Flynn & Wirkus. You should not act or refrain from acting on the basis of any Content included in the Site without seeking the appropriate legal or professional advice on the particular facts and circumstances at issue.

Linking and Framing
Linking and Framing We specifically prohibit the use of any links to this Site from any other Websites unless approved in advance in writing. You may not frame any elements of this Site with any other Website without prior written permission.

Communications with Flynn & Wirkus, P.C.
Please be advised that Flynn & Wirkus cannot guarantee the confidentiality of any communication or material transmitted to us via this Site or via electronic mail. Accordingly, it is suggested that you use caution when transmitting any information to us via the Internet. We expressly disclaims any liability for damages resulting from third party interception of your communications with us via the Internet, and if you choose to send us information via the Site or e-mail, you do so solely at your own risk.

If you believe this Site contains Content that infringes your copyright, please provide the information listed below to our designated agent for claims of copyright infringement:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number and email address;
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; and
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 duly authorized to act on the copyright owner’s behalf.

Links to Other Web Sites
This Site may periodically provide links to third-party Websites. This Agreement governs only this Site and not any Third-Party Sites. The decision to link to a Third-Party Site is not an endorsement of the content or services in that site. Flynn & Wirkus exercises no control over the Third-Party Sites and disclaims any responsibility for content or accuracy of information provided thereon.

Disclaimer of Warranties
You acknowledge and agree that this site is provided “as is” and “as available.” Neither Flynn & Wirkus, nor any of its affiliates, subsidiaries, officers, directors, employees or agents guarantees the accuracy, completeness, timeliness, reliability, suitability or usefulness of any portion of the Site. Neither Flynn & Wirkus, nor any of its affiliates, subsidiaries, officers, directors, employees or agents warrant that the site will be uninterrupted or error free, that this Site or its server are or will be free of computer viruses or other harmful elements. Specifically, you expressly agree that the risk as to the quality and performance of the Site and accuracy, timeliness or completeness of the contents of this Site are assumed solely by you. Neither Flynn & Wirkus, nor any of its affiliates, subsidiaries, officers, directors, employees or agents disclaims any endorsements, guarantees and warranties, express or implied, regarding the Site including the implied warranties of merchantability and fitness for a particular purpose, title and non-infringement of third party rights. You understand and agree that any content, material or data downloaded or obtained through the use of this Site is used at your own risk and you will be solely responsible for any damage to your computer system or loss of data contained thereon.

Limitation of Liability
Under no circumstances will Flynn & Wirkus, or any of its affiliates, subsidiaries, officers, directors, employees or agents be liable for any loss, direct, indirect, punitive, incidental, special or consequential damage arising from caused by your use of information obtained through this Site or the Agreement. As some jurisdictions do not allow exclusion or limitation of liability for negligence, consequential, incidental or other damages, in those jurisdictions Flynn & Wirkus liability will be limited to the greatest extent permitted by law. Your sole remedy for dissatisfaction is to stop using this Site.

Indemnification
You agree to make Flynn & Wirkus, its affiliates, shareholders, partners, directors, officers, subsidiaries, employees and agents, whole for any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site or any violation of this Agreement.

Dispute Resolution
Any dispute arising out of or in connection with this Agreement or your use of this Site, shall be resolved by arbitration before neutral arbitrators. A determination by such arbitration shall be final and binding and shall not include any damages expressly prohibited in this Agreement. The award may be enforced in any court having jurisdiction.

Miscellaneous
In the event that any portion of this Agreement is held to be invalid or unenforceable, 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.

You expressly absolve and release the Flynn & Wirkus, nor any of its affiliates, subsidiaries, officers, directors, employees or agents from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. No waiver of this Agreement shall be effective unless in writing. This Agreement will 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.

All rights not expressly granted herein are reserved. This Agreement contains the entire agreement of the parties concerning your use of this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.