Please read these Terms of Service (“Terms,” “Terms of Service”) carefully before using this Website (the “Website”) operated by Siri & Glimstad LLP, a Limited Liability Limited Partnership formed in Arizona, United States (“us,” “we,” “SG,” “our”), as these Terms contain important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users, and others who wish to access and use the Website.
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website. PLEASE READ THE FOLLOWING CAREFULLY BECAUSE THESE TERMS AFFECT YOUR LEGAL RIGHTS.
IMPORTANT NOTICE — ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: BY AGREEING TO BE BOUND BY THESE TERMS, YOU AGREE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION. BOTH PARTIES ARE GIVING UP THE RIGHT TO GO TO COURT AND THE RIGHT TO A TRIAL BY JURY, AND INSTEAD, DISPUTES WILL BE DECIDED BY A NEUTRAL ARBITRATOR. YOU ALSO AGREE THAT ALL DISPUTES BETWEEN US, WHETHER IN COURT OR IN ARBITRATION, WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS, AND YOU ARE WAIVING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. PLEASE SEE BELOW FOR FURTHER DETAILS.
Our Offers and Pricing
We offer services on this Website. The price of these services is customized based on your needs, which means that we will provide you with a quote after we determine your needs. This price does not include taxes or other fees that you may be charged.
No Warranty on Purchases
UNLESS OTHERWISE PROHIBITED BY RELEVANT LAW OR ATTORNEY ETHICS OBLIGATION: The items or services displayed or sold on this Website are provided “as is.” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality, or fitness for a particular purpose or use), shall apply to any items or services displayed or sold on this Website, whether arising by law, course of dealing, course of performance, usage of trade, or otherwise.
Prohibited Uses
You agree that you will use this Website in accordance with all applicable laws, rules, regulations, and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website:
- Impersonating or attempting to impersonate Siri & Glimstad LLP or its employees, representatives, subsidiaries, or divisions, or misrepresenting your identity or affiliation with any person or entity;
- Sending or attempting to send any advertising or promotional material, including spam, junk mail, or chain mail;
- Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which may harm us or the users of this Website or expose us or other users to liability;
- Using the Website in any manner that could disable, overburden, damage, or impair the Website, or interfere with another party’s use of the Website;
- Using any robot, spider, or other automatic technology, or any manual process, to access, monitor, or copy any of the material on this Website for any unauthorized purpose;
- Using any device, software, means, or routine that interferes with the proper working of the Website, including viruses, trojan horses, worms, or logic bombs;
- Attempting to gain unauthorized access to, interfering with, damaging, or disrupting any parts of the Website or the servers on which it is stored, including via a denial-of-service or distributed denial-of-service attack;
- Using the Website in any way that violates any applicable federal, state, or local laws, rules, or regulations.
No Warranty on Website
This Website is provided “as is.” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality, or fitness for a particular purpose or use), shall apply to this Website, whether arising by law, course of dealing, course of performance, usage of trade, or otherwise.
Availability, Errors and Inaccuracies
We assume no liability for the availability, errors, or inaccuracies of the information, products, or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products, and services found on the Website may contain errors or inaccuracies or may not be complete or current, and products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.
Damages and Limitation of Liability
UNLESS OTHERWISE PROHIBITED BY RELEVANT LAW OR ATTORNEY ETHICS OBLIGATION: IN NO EVENT WILL SIRI & GLIMSTAD LLP, ITS OFFICERS, PARTNERS, ASSOCIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, OR AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, ARISING FROM OR RELATING TO THE NOTICES, AGREEMENT, OR POLICY, OR THE USE OF THE WEBSITES. ACCESS TO, AND USE OF, THE WEBSITES IS AT YOUR OWN RISK. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE SG ENTITIES EXCEED THE GREATER OF ONE THOUSAND U.S. DOLLARS ($1,000) FOR ANY DAMAGES OR INJURY ARISING FROM OR RELATING TO THE NOTICES, AGREEMENT, OR POLICY, OR THE USE OF THE WEBSITES. NOTHING HEREIN SHALL AFFECT ANY CLAIMS THAT ARISE EXCLUSIVELY FROM OUR LEGAL REPRESENTATION OF YOU THAT RESULTED FROM A WRITTEN AGREEMENT REFLECTING AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND US.
Links to Third-Party Websites
This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. It is your responsibility to take precautions to ensure that whatever links you click on or software you download is free of viruses, worms, trojan horses, defects, and other destructive items. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Intellectual Property and DMCA Notice
All contents of this Website are © Siri & Glimstad LLP or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on it — including all logos, designs, text, graphics, pictures, information, data, software, sound files, and arrangement thereof (collectively, “Content”) — are the proprietary property of Siri & Glimstad LLP or third parties and are protected intellectual property in the United States and/or other countries.
If you believe in good faith that Content on the Website infringes on your intellectual property rights, you or your agent may send us a written notice titled “Infringement of Intellectual Property Rights – DMCA” that includes: an electronic or physical signature of the person authorized to act on behalf of the owner; a description of the work claimed to be infringed, including its URL or a copy of the work; your name, email, address, and telephone number; and a statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law.
You may submit your claim to Siri & Glimstad LLP, attn. Brad Linberg, requests@sirillp.com, 929-564-5875, 745 Fifth Ave, Suite 500, New York, NY 10151, United States. You may be held accountable for damages (including costs and attorneys’ fees) for any misrepresentation or bad-faith claim.
Dispute Resolution, Arbitration Agreement, and Class Action Waiver
To the extent that you or we have any controversies, disputes, or claims against one another (collectively “issues”), the parties will first attempt to resolve the issues informally, and if informal resolution is not possible, then only through binding individual arbitration. Any and all issues arising out of or related to the Website, your use thereof, or the End User License Agreement, Disclaimer, or Privacy Policy — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (the “Covered Claims”) — shall be resolved only through the means set forth in this section.
Prior to initiating arbitration, both parties agree to provide written notice of all potential Covered Claims to the opposing party, setting forth the specific factual and legal basis for the claim, contact information for the potential claimant and their counsel, and the specific remedies sought. Notice to us must be sent to privacy@sirillp.com and mailed to Siri & Glimstad LLP, 745 Fifth Ave, Suite 500, New York, NY 10151. Following receipt, the parties agree to make a good faith effort for at least 60 days to resolve the Covered Claims before resorting to arbitration.
If informal resolution is not reached, any and all Covered Claims shall be resolved only through binding individual arbitration administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedure. The arbitration and the interpretation of this Agreement shall be governed by the laws of the State of New York. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION, YOU ARE WAIVING CERTAIN RIGHTS, INCLUDING THE RIGHT TO BRING AN ACTION IN COURT, THE RIGHT TO A JURY TRIAL, THE RIGHT TO BROAD DISCOVERY, AND THE RIGHT TO AN APPEAL.
YOU AND WE AGREE THAT EACH MAY ONLY ASSERT A COVERED CLAIM AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY, AND THAT BOTH ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR MEMBER IN ANY CLASS ACTION, INCLUDING A FEDERAL OR STATE CLASS ACTION LAWSUIT OR A CLASS ARBITRATION. If there is a final judicial determination that applicable law precludes enforcement of this limitation as to a particular remedy, then that remedy (and only that remedy) must be severed and may be sought in court, with any such adjudication stayed pending the outcome of the arbitrable claims.
Governing Law, Severability, and Venue
These Terms shall be governed and construed in accordance with the laws of the State of New York, United States, without regard to its conflict-of-laws provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website and supersede any prior agreements regarding the Website.
Changes
We reserve the right to make changes to this Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service. Therefore, we suggest that you regularly review all of our legal notices, including our Cookie Policy, Disclaimer, EULA, Privacy Policy, and Terms of Service, and by continuing to use the Website you will have accepted the then-current versions of those documents.
Questions
If you have any questions about this Terms of Service, please contact us at privacy@sirillp.com.