Terms of Use (T OF U), Terms & Conditions (T& C) and Terms of Service (TOS) are used interchangeably and have the same meaning.

If you do not agree to the T&C please do not proceed! Your use of the site is  your acceptance of these terms.

Updated: January 4, 2011

These are the Terms & Conditions you need to know before using this site, our mirror site(s), Battermanlaw.com, and anysite(s) (“WEBSITE or SITES”) owned and/or operated by (“The THE LAW OFFICES OF DANIEL A. BATTERMAN.”) its assignees, shareholders, and/or trustees duly authorized by Battermanlaw.com.  A list of sites governed by these T&C may be obtained by emailing us at the link at the bottom of this page.

By E-mail: battermanlaw@aol.com 
  

ACCEPTANCE OF T&C THROUGH USE
By using the WEBSITE or SITES you signify your agreement to all of these legally binding terms, conditions and notices (the “T&C”). If you do not agree to the T&C please do not use WEBSITE or SITES or any portion of it, as your use of WEBSITE or SITES constitutes your acceptance of the T&C. We reserve the right, at our discretion, to revise the T&C at any time. Any such revisions will be effective immediately upon being posted on WEBSITE or SITES. Please periodically check the T&C for changes and revisions, because your continued use of WEBSITE or SITES following the posting of any changes to the T&C constitutes your acceptance of those changes. If we change the T&C, we may change the date the T&C was last updated at the top of the T&C, but you will be bound by the revised T&C whether or not we update the date the T&C was last updated if you continue to use WEBSITE or SITES. Please note that our Privacy Policy is a part of, and hereby incorporated into, the T&C, so please make sure that you read the Privacy Policy as it contains information you should know.

By agreeing to the T&C, you are also agreeing to our Privacy Policy.

PROPRIETARY RIGHTS 

The THE LAW OFFICES OF DANIEL A. BATTERMAN., our content partners, providers, and our users who lawfully post messages, prose, text, information, software, images, audio and video (“Content”) on WEBSITE or SITES own the rights to that Content. The Content is protected by international treaties, and by copyright, trademark rights, patent laws, and other proprietary rights. For example, Attorney Batterman is (“The THE LAW OFFICES OF DANIEL A. BATTERMAN.”), the owner of WEBSITE or SITES, owns a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. (As used in the T&C, references to “WEBSITE, SITES, US,  WE, OUR, THE LAW OFFICES OF DANIEL A. BATTERMAN., ASSIGNEES, SHAREHOLDERS” refer to us and/or the WEBSITE or SITES and may be used interchangeably or individually.  The look, feel, design, audio, cues, sounds, flashes, embeds, and any color combinations, button shapes, pixel denomination, stroke, bleed, and other graphical elements on WEBSITE or SITES are also owned by THE LAW OFFICES OF DANIEL A. BATTERMAN. Additionally, we have exclusive trademark rights in the WEBSITE or SITES name and/or logo as well as certain other logos, design elements, hidden elements and other features on the Web site.

LIMITED LICENSE TO USE WEBSITE OR SITES

You may use WEBSITE or SITES and the Content offered on WEBSITE or SITES only for personal, non-commercial
purposes  . You may use Content offered for downloading for your private personal use only and subject to the rules that may accompany any particular Content. You may not use any Content in a manner that exceeds the rights granted you for use of the Content. You may print or download ONE copy of the WEBSITE Content on any single computer for your private personal, non-commercial use, provided you keep intact all copyright and other proprietary notices and your use download or copy of WEBSITE or SITES in any manner or fashion, even if you didn’t enter WEBSITE or SITES thru conventional or accepted methods to acquire content, constitutes your acceptance of the T&C. Your use or ability to download or access WEBSITE or SITES may be limited, suspended or revoked by us at anytime for any reason. 

BREACH ;  COST AND FEES;  DAMAGES & LIABILITY

EXCEPT AS OTHERWISE PERMITTED IN THE T&C, DOWNLOADING, COPING, CROPPING, PHOTOGRAPHING, HOT-LINKING, EMBEDDING, OR CAUSING ANY TRANSFER OF INFORMATION TANGIBLE OR NON FOR ANY PURPOSE OTHER THAN THE ONE COPY EXPRESSED IN LIMITED LICENSE TO USE IN THE ABOVE PARAGRAPH IS STRICTLY PROHIBITED.  YOU FURTHER AGREE TO IMMEDIATELY DESTROY OR RETURN TO WEBSITE OR SITES OWNER ALL COPIES, ORIGINALS, DUPLICATIONS, FAXES, TRANSMISSIONS, OR BY ANY OTHER PROCESS OR METHODS EITHER KNOWN OR UNKNOWN OR BECOMES KNOWN IN THE FUTURE  THAT EFFECTS COPY, CLONE AND/OR SIMILE IN YOUR POSSESSION TO The THE LAW OFFICES OF DANIEL A. BATTERMAN., ITS ASSIGNEES OR SHAREHOLDERS.  ANY LOGGING, DOWNLOADING, SIFTING, SORTING, MERGING, COMPILING, CLIPPING, BUILDING, TRANS-CODING, BOLTING, EGG OR BOT DROPS, SYNCING, DENIAL OF SERVICE REQUESTING, FTP, WEBCAM USAGE, TELEXING, TELNET, MAGNETIZING, BURYING, SIGNING, ASSIGNING, WRENCHING, CARDING, ADJUSTING, SNOOPING, SCHEMING, SOURCE COPYING WHETHER INTENTIONAL OR UNINTENTIONAL, PHOTOCOPYING, CODING, RECODING, REVERSING, STOPPING, ENDING, CANCELING, AFFECTING, HEATING, COOLING, MIRROR TRANSMITTING AND/OR EFFECTING SOURCE MATERIALS TO OR TO CAUSE SOURCE MATERIAL TO BE LOCATED AT OR IN OR ON AN AREA, RACK, SERVER, COMPUTER, DESK, HOUSE, GARAGE, AIRCRAFT, MOTORBOAT, BRIEFCASE, OR ANY SPACE NOT INTENDED BY ATMS INC, IS STRICTLY  PROHIBITED.  ANYTHING IN YOUR POSSESSION FROM OUR WEBSITE OR SITES NOT EXPRESSLY PERMITTED IN T&C SHALL CONSTITUTE YOUR AGREEMENT OF T&C AND A COMPLETE UNDERSTANDING THAT THEY SHALL BE DEEMED ILLEGALLY OBTAINED IN THE FURTHERANCE OF A CRIME.

YOU FURTHER AGREE THAT YOUR PARTICIPATION, EITHER DIRECT OR INDIRECT, OF OR IN ANY ACT, BREACH, TORTE OR ACTION PROHIBITED IN THE T&C SHALL CAUSE YOU TO BEAR ALL COSTS AND/OR FEES OF ANY KIND AND WITHOUT MAXIMUM LIMIT(S) BY The THE LAW OFFICES OF DANIEL A. BATTERMAN. ITS ASSIGNEES OR ITS SHAREHOLDERS AS AN INFRINGER OR AS A CONTRIBUTORY INFRINGER. YOU FURTHER AGREE TO WAIVE ALL RIGHTS TO FEE WAIVERS, REDUCTION OF FEES, OR REQUESTS FOR VACATION OF FEES. YOU FURTHER AGREETHAT YOU WILL NOT THROUGH ANY MEANS ASSESS ANY FEE(S) AND/OR COSTS OF ANY KIND IN ANY FORM THAT PURPORTS TO LIEN, TAX, LEVY, CHARGE, GARNISH, ASSESS, DEMAND, TRANSFER, TOLL OR BILL THAT YOU MAY INCUR FROM ANY PROCEEDINGS RELATING TO ANY USE, CAUSE OF ACTION, OR JUDGMENT FROM YOUR USE OF WEBSITE OR SITES TO The THE LAW OFFICES OF DANIEL A. BATTERMAN OR ITS ASSIGNEES OR SHAREHOLDERS.  IF COSTS OR FEES IN ANY FORM BE ASSESSED, TRANSFERRED OR LEVIED AGAINST The THE LAW OFFICES OF DANIEL A. BATTERMAN., ITS ASSIGNEES AND/OR SHAREHOLDERS, YOU   UNEQUIVOCALLY AGREE TO BEAR THE BURDEN OF SUCH COSTS OR FEES. 

AS ALSO STATED IN MULTIPLE INSTANCES IN THE T&C, AT NO   TIME WILL YOU DEMAND OR REQUEST THAT ANY FEES OR COSTS IN ANY FORM, AS A RESULT OF OUR ENFORCEMENT OF THE T&C, BE REDUCED OR VACATED.  PROHIBITED ACTS AS DESCRIBED IN T&C OCCURRING EITHER IN THE PRESENT OR IN THE PAST SHALL BE GOVERNED BY THE MOST RECENT T&C.   YOU RELEASE THE LAW OFFICES OF DANIEL A. BATTERMAN., ITS ASSIGNEES AND SHAREHOLDERS FROM ANY AND ALL LIABILITY ARISING FROM ANY CLAIM OR CAUSE OF ACTION BY YOU, THROUGH ANY COURT, MAGISTRATE, ARBITRATOR OR AUTHORITY, SEEKING ANY REMEDY OF ANY KIND.  YOU SHALL NOT ATTEMPT TO LIMIT OUR RIGHTS UNDER THE T&C OR ANY PART OF T&C, EXCEPT AS SUCH PART OR PORTION IS UNENFORCEABLE UNDER THE LAWS OF YOUR STATE.  IF SUCH LAWS OF YOUR STATE MAKE ANY PART OR CONDITION OF THE T&C UNENFORCEABLE, ALL OTHER PARTS AND CONDITIONS OF THE T&C SHALL REMAIN IN FULL FORCE AND EFFECT.

YOU MAY NOT USE ANY DATA MINING SOFTWARE, ROBOTS, OR SIMILAR DATA GATHERING AND EXTRACTION TOOLS ON THE CONTENT, FRAME ANY PORTION OF WEBSITEOR SITES OR THE CONTENT, OR REPRODUCE, REPRINT, COPY, STORE, PUBLICLY DISPLAY, BROADCAST, TRANSMIT, MODIFY, TRANSLATE, PORT, PUBLISH, SUBLICENSE, ASSIGN, TRANSFER, SELL, LOAN, OR OTHERWISE DISTRIBUTE THE CONTENT WITHOUT OUR PRIOR WRITTEN CONSENT. YOU MAY NOT CIRCUMVENT, REVERSE ENGINEER, OR CAUSE ANY MECHANISMS INCLUDED IN THE CONTENT OR WEBSITE OR SITES FOR PREVENTING THE UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF THE CONTENT.

GUIDELINES : 

You may view, submit questions and/or comment in designated areas of WEBSITE or SITES. You agree to follow these guidelines whenever using WEBSITE or SITES:

1.This Web site is open to the public, and as such any information you post can be read, collected, copied, spread, forwarded, appended to, researched, reviewed etc.. By anyone either known or unknown to us.  Before including or posting any personally identifying information please know that you do so AT YOUR OWN RISK OR PERIL. Comments containing any text or imagery that is prurient, titillating, obscene, immoral, illegal, privately held in trust, or seeks to harm another. 

 

You must never include anything in a comment that you would like to keep private. For personal safety reasons, you must never include any personal information (e.g., full name, address, phone number, etc.) about you or anyone else. Please note that any personal information you do post to any public area of WEBSITE or SITES will be public, and we do not necessarily monitor or remove such information.

 

2.WEBSITE or SITES reserves the right to do as it wishes with any submitted comments, including deleting, editing, copying, creating derivative works based on, distributing and publishing them – forever in any media anywhere and in perpetuity.

3.Disagreement and respectful differences of opinion are welcome. Hate speech, name calling, obscenity, vulgarity and defamatory comments are not. “Quoting” from the comments or postings of others (when credited or cited) for comment or criticism is allowed.  Posting the works of others and passing it off as your own is stealing and ABSOLUTLEY NOT permitted. You are responsible for your conduct at all times and for obtaining all the necessary permissions to post any third party content, text, graphics, audio or video clips and anything claimed by you as original that may be in a submitted comment.

4. You may share links to your own Web site or blog in our link submission area.  Links to sites that contain inappropriate content that would not be permissible under the T&C will be removed and your access may be removed at our discretion for posting material that violates our T&C.

ADDITIONAL RULES AND COMMUNICATIONS FEATURES TERMS

Certain areas of WEBSITE or SITES, may allow you to post Content, such as pictures, videos, music, written materials, etc., that can be accessed and viewed by the public in general (“Public Forum”). You may only post Content that you
have fully created or that you font-family have express permission to post from the copyright or trademark owner to Public Forums. You may not post Content that violates the T&C or our Privacy Policy.

You agree that WEBSITE or SITES is not responsible or liable for Content that is provided by users or other third parties. We do not pre-screen Users or Content, but we retain all rights to edit or refuse to post any submitted Content. We reserve the right to remove Content for any reason and are not responsible for any failure or delay in removing any such material.

By submitting omments regarding WEBSITE or SITES or otherwise using any of the communications features that may be available to you on or through WEBSITE or SITES, you agree that you will comply with the Guidelines for Commenting and that you will not upload, post, or otherwise distribute or facilitate distribution of any content — including text, graphics, software, images, video, sounds or other audio, data or other information — that:

a. is unlawful, threatening, abusive harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, patently offensive, vulgar, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals) or links to an adult Web site, or otherwise violates the T&C or our Privacy Policy;

b. victimizes, harasses, exploits, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, gender identity and expression, race, ethnicity, age, or disability;

c. infringes any patent, trademark, trade secret, copyright, privacy/publicity rights, or other proprietary rights of any party, or promotes the infringement of the same, including by providing pirated computer programs or links to them, providing pirated music or video, or links to pirated music or video files, and/or providing information or the means to circumvent copy-protection technology;

d. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, harvesting or collecting of e-mail addresses or other contact information of others for sale or any other misuse of such information or for any form of lottery or gambling or that solicits passwords or personally identifying information for commercial or unlawful purposes;

e. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; 

f. involves commercial activities, promotion and/or sales without our prior written consent;

g. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain
unauthorized access to any data or other information of any third party or contains restricted or password only access or hidden pages or images (those not linked to or from another accessible page);

h. impersonates any person or entity; or

i. interferes with the operation of WEBSITE or SITES or the use of WEBSITE or SITES by others. 

You also agree that you will not harvest or collect information about the Web site or WEBSITE or SITES users, or use such information for the purpose of transmitting (or facilitating transmission of) unsolicited bulk electronic e-mail or
communications. You further agree that you will not knowingly solicit or collect personal information from a minor (anyone under 18 years old). Personal information includes but is not limited to name, address, and phone number or name of a minor’s school.

You acknowledge that anything you submit to WEBSITE or SITES by way of any Public Forum may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed on the Internet by the general public and that, therefore you have no expectation of privacy with regard to any such submission. You acknowledge that Public Forums and features offered therein are for public and not private communications. Whenever you give out personal information online, through any media, including without limitation, a Public Forum, that information can be collected and used by people you don’t know.  Battermanlaw.com cannot guarantee the security of any information you disclose through any media or mechanism  at WEBSITE or SITES; you make such disclosures at your own risk.

You are and shall remain solely responsible for the Content you submit and/or post in any Public Forum and for the consequences of submitting and posting same. You acknowledge that the use of your submitted/posted Content in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.

CONTENT POSTED BY CONTENT OR ADVERTISING PARTNERS

Some of the Content posted on WEBSITE or SITES is posted by third party content or advertising partners (”Third Party Content”) with whom we have relationships (”Content Providers”). You hereby acknowledge that

(i) WEBSITE or SITES is not responsible for any aspect of such Third Party Content,

(ii) the Content Provider posting such Third Party Content is solely and exclusively responsible for the content of such Third Party Content,

(iii) WEBSITE or SITES does not endorse or sponsor any such Third Party Content (or products or services mentioned or advertised therein),

(iv) WEBSITE or SITES makes no express or implied warranties whatsoever with respect to the accuracy, relevancy, legality or decency of material contained in such Third Party Content, and

(v) WEBSITE or SITES cannot and does not guarantee that Third Party Content complies with the T&C or our Privacy Policy.

MONITORING OF CONTENT

WEBSITE or SITES, itself or through its agents and contractors, has the right but is under no obligation, and at its sole
discretion, leave to remove any Content or comment that, in its sole judgment, does not comply with the T&C, or is otherwise harmful, objectionable, inaccurate or inappropriate. WEBSITE or SITES is not responsible for any failure or delay in removing such Content. WEBSITE or SITES is not responsible for any Content posted on WEBSITE or SITES by users that violates the T&C or our Privacy Policy.

LICENSE TO USER SUBMITTED CONTENT

We do not claim ownership of any Content that you may post. However, by submitting or posting any Content, including, but not limited to, comments on WEBSITE or SITES, you grant WEBSITE or SITES and its owners, principals, affiliates, subsidiaries and licensees the right to use, reproduce, edit, create derivative works based on, publish, publicly perform, display, perform, adapt, modify, distribute, have distributed, and promote such Content in any medium and for any purpose anywhere for as long as WEBSITE or SITES wants; and you warrant and represent that you own or otherwise control all of the rights to such Content, and that public posting and use of your Content by WEBSITE or SITES and its owners, principals, affiliates, subsidiaries and licensees will not infringe or violate the rights of any third party. 

LINKS TO THIRD PARTY SITES

WEBSITE or SITES may link you to other Web sites on the Internet and that linked Web site may contain information or material that some people may find uninteresting, irrelevant, inappropriate or offensive. These other linked sites are not necessarily under the control of WEBSITE or SITES, and you acknowledge that WEBSITE or SITES is not responsible for the accuracy, legality, decency, or any other aspect of the content of any third party linked Web sites. The inclusion of a link to any such third party site does not necessarily imply endorsement of, or association with, such other Web site by WEBSITE or SITES.

The T&C applies only to The THE LAW OFFICES OF DANIEL A. BATTERMAN’s, WEBSITE or SITES and not to any linked site.  Before using and/or providing any personal information to any linked Web site, please check that Web site’s T&C and privacy policy, which are completely separate from, and unrelated to WEBSITE or SITES’s T&C and Privacy Policy.

UNSOLICITED IDEAS AND PROPOSALS

We do not consider or accept unsolicited ideas or proposals from anyone other than production companies we are currently in production or licensed agents where a detailed agreement exists between the parties.  Due to the volumes of unsolicited ideas and the challenge of determining what is truly a “new” idea versus a concept that is already in development, in pilot or sizzle, or previously considered and in turn around, we must adhere that policy.  As a result, we will decline any invitation to review any idea or concept unless it is submitted by a licensed agent and only during such time we are accepting submissions.

Do not send us any unsolicited materials such as ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, program formats, characterizations and/or other similar materials (”Unsolicited Submissions”). If, despite our request, you intentionally or unintentionally send us any Unsolicited Submissions, or if you submit or post content or materials on this Web site (”User Generated Content” and, any such User Generated Content together with Unsolicited submissions shall be referred to herein as “Submissions”), we shall be entitled to, and you thereby license to us, unrestricted use of such Submissions for any purpose whatsoever, commercial or otherwise, without the requirement of any permission from or payment to you or to any other person or entity. No Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission.

Further, in consideration of WEBSITE or SITES’s continuing efforts to enhance and improve its Web site and other offerings, by submitting a Submission you agree to, and thereby do, sell, transfer and assign all right, title and interest in and to such Submission to us without the requirement of any permission from, or payment to, you or to any other person or entity.  You hereby appoint us as your agent and attorney-in-fact with full power to enter into and execute any document and/or do any acts we may consider appropriate to confirm and perfect our rights in any Submission.

You agree that any Submission(s) is not being provided in confidence or trust, and that no confidential or fiduciary relationship is intended or created between you and us in any way. To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Submission(s) exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights in any Submission.

DISCLAIMER OF WARRANTIES

ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH WEBSITE OR SITES IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT, MATERIALS AND PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. The THE LAW OFFICES OF DANIEL A. BATTERMAN., WEBSITE OR SITES, ITS OWNERS, PRINCIPALS, AFFILIATES, SUBSIDIARIES AND ITS LICENSORS DISCLAIM ANY WARRANTIES THAT: (i) THE CONTENT, MATERIALS AND PRODUCTS ARE ACCURATE, RELIABLE OR CORRECT; (ii) WEBSITE OR SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (iii) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (iv) WEBSITE OR SITES, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF WEBSITE OR SITES IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WEBSITE OR SITES, ITS OWNERS, PRINCIPALS, AFFILIATES, SUBSIDIARIES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, WEBSITE OR SITES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TLOODAB., ASSIGNEES, WEBSITE OR SITES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, WEBSITE OR SITES’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION

AT ALL TIMES, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE LAW OFFICES OF DANIEL A. BATTERMAN., ITS ASSIGNEES, ITS SHAREHOLDERS, WEBSITE OR SITES AND ITS OWNERS, PRINCIPALS, AFFILIATES, SUBSIDIARIES LICENSORS AND LICENSEES AND THEIR EMPLOYEES, CONTRACTORS, OFFICERS, AND DIRECTORS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEY’S FEES, THAT ARISE FROM (I) YOUR USE OR MISUSE OF WEBSITE OR SITES; (II) YOUR VIOLATION OF THE T&C OR OUR PRIVACY POLICY; (III) YOUR VIOLATION OF ANY LAW OR THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY’S COPYRIGHT, TRADEMARK, PRIVACY/PUBLICITY OR OTHER PROPRIETARY RIGHTS; (IV) CLAIMS ARISING FROM YOUR ACCOUNTS; OR (V) ANY CLAIM THAT ANY CONTENT POSTED BY YOU CAUSED DAMAGE TO A THIRD PARTY. WEBSITE OR SITES RESERVES THE RIGHT, AT ITS OWN EXPENSE, TOASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH WEBSITE OR SITES IN ASSERTING ANY AVAILABLE DEFENSES. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THE T&C AND YOUR USE OF WEBSITE OR SITES IN PERPETUITY.

INTERNATIONAL USE

WEBSITE or SITES makes no representation that Content of, or products available through, WEBSITE or SITES are appropriate or available for use in locations outside the United States. Accessing WEBSITE or SITES from territories where the site contents are illegal is strictly prohibited. Those who choose to access WEBSITE or SITES from locations outside the United States do so at their own risk and at their own discretion, and are responsible for compliance with all local laws.

OUR COPYRIGHT POLICY

We abide by the federal Digital Millennium Copyright Act (“DMCA”) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyright rights, you may submit a notification pursuant to the DMCA by following the procedures described below. As part of our response, we may remove or disable access to Content residing on WEBSITE or SITES that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected Content so that they may make a counter notification, also in accordance with the DMCA.

Before serving either a notice of infringing material or a counter-notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with our rights and obligations under the DMCA and, in particular, section 512(c), and does not constitute legal advice.

NOTICE OF INFRINGING MATERIAL
To file a notice of infringing material on the WEBSITE or SITES, please provide a notification containing the following details:

Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (e.g., title, author, URL);

Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (e.g., a link to the page that contains the material);

Your contact information so that we can contact you (e.g., your address, telephone number, e-mail address);

A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;

A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and

Your physical signature.

You must send your notice by mail to the address shown below.

By Mail:

Attn: Notice of Infringement agent

c/o THE LAW OFFICES OF DANIEL A. BATTERMAN.

Old City Hall

45 School Street, 3rd Floor

Boston, Ma  02108

COUNTER NOTIFICATION

If material that you have posted to the WEBSITE or SITES has been taken down, you may file a counter-notification that contains the following details:

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;

Your contact information so that we can contact you (e.g., your address, telephone number, e-mail address);

A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located, or, if your address is outside of the USA, for any judicial district in which we may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above; and

 Your physical signature.

You must send your notice by mail to the address shown below:

By Mail:

Attn: Notice of
Infringement agent
c/o The THE LAW OFFICES OF DANIEL A. BATTERMAN
Old City Hall
45 School Street 3rd Floor
Boston, MA 02108

CHOICE OF LAW & FORUM; STATUTE OF LIMITATIONS

You agree that the T&C shall be governed by the internal substantive laws of the Commonwealth of Massachusetts, without reference to its conflict of laws principles. Any claim or dispute between you and WEBSITE or SITES that arises in whole or in part from your use of WEBSITE or SITES shall be decided exclusively by a court of competent jurisdiction located in Boston, Massachusetts.

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO WEBSITE OR SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

No waiver of any of the T&C shall be deemed a further or continuing waiver of such term or any other term, and WEBSITE or SITES’s failure to assert any right or provision under the T&C shall not constitute a waiver of such right or provision.

SEVERABILITY & INTEGRATION

Unless otherwise specified herein, the T&C and Privacy Policy constitute the entire agreement between you and THE LAW OFFICES OF DANIEL A. BATTERMAN., its ASSIGNEES, SHAREHOLDERS and WEBSITE or SITES with respect to your use of WEBSITE or SITES and supersedes all prior or contemporaneous communications and proposals (whether
oral, written, or electronic) between you and WEBSITE or SITES with respect to WEBSITE or SITES. If any part of the T&C is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Your right to use WEBSITE or SITES automatically terminates if you violate the T&C or the Privacy Policy. We also reserve the right, in our sole discretion, to terminate your access to all or part of WEBSITE or SITES, for any reason or
no reason at all, with or without notice. Upon termination, you must cease use of WEBSITE or SITES and destroy all materials obtained from WEBSITE or SITES, whether made under these terms of use or otherwise.

ABILITY TO ENTER INTO THIS AGREEMENT

You affirm that you are either 18 or older, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the T&C, and to abide by and comply with the T&C. In any case, you affirm that you are at least 13 years old, as the WEBSITE or SITES is not intended for children under 13. If you are under 13 years of age, please do not use the WEBSITE or SITES. Your parents may suggest sites more appropriate for you.

The T&C, and any rights and/or licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by THE LAW OFFICES OF DANIEL A. BATTERMAN., it ASSIGNEES, its SHAREHOLDERS without restriction.

Furthermore, I understand my IP address is being logged everytime I access this site.  

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