Terms of Use
Thank you for visiting our web site. By visiting or
using the web sites of Kohnen & Patton LLP (“K&P”, “we” or “us”)
at www.kplaw.com, www.kplaw.com, and associated web
pages (along with the information and materials located thereon,
collectively, the “Site”), you accept and agree
to be bound by these Terms of Use (“Terms”).
We may revise these Terms at any time without notice to you
by posting revised Terms on this Page. Your continued use
of this Site shall constitute your acceptance of the revised
Terms. Please review our Privacy Statement (the “Privacy
Statement”), which also governs your use of this Site
and is incorporated into these Terms by reference.
No Legal Advice
The materials on this Site have been prepared by K&P
to provide information about the services we offer to
our clients and to provide information of general interest
about a variety of legal subjects. This information is not
intended as legal advice and should not be relied upon as
such. You should not act or rely on any information
in this Site without seeking the advice of an attorney, as
the advice appropriate for you will be dependent upon the
particular facts and circumstances of your situation.
No Attorney-Client Relationship
Neither the use of this Site nor the transmission or receipt
of any information will create an attorney-client relationship.
The only way to become our client is by specific and explicit
agreement with an individual attorney at K&P. If
you would like to retain our services, please contact one
of our attorneys directly. We will determine whether
the matter is one for which we are willing to accept professional
responsibility and whether representing you would raise a
conflict of interest with our other clients. We reserve
the right to accept or decline any representation. You
should therefore not provide us with any confidential information
until after we have had an opportunity to determine whether
we are willing and able to represent you. If you are
not currently a client of K&P, any email that you send
to us will not be privileged and may be disclosed as necessary.
No Endorsement of Third Party Sites
We may provide links to other sites that we believe may be
useful or informative. These links to third party sites or
information are not intended as, and should not be interpreted
by you as constituting or implying our endorsement, sponsorship,
or recommendation of the third party sites or the information,
products or services found there. Any such links are
provided solely as an aid to help you identify and locate
other Internet resources that may be of interest and are
not intended to state or imply that K&P is legally authorized
to use any trade name, registered trademark, logo, legal
or official seal, or copyrighted symbol that may be reflected
in the links. Such third party sites are not under
the control of K&P and we are not responsible for the
content of any linked site or any link contained within such
linked site. If you choose to access a third party
website linked on this Site you do so entirely at your own
risk. Concerns regarding services or resources or links should
be directed to the provider of the outside service or resource.
Acceptable Use
You may download, use, and copy the materials found on this
Site for your personal, noncommercial use only, provided
that all copies that you make of the material must bear any
copyright, trademark or other proprietary notice located
on this Site which pertain to the material being copied.
Except as authorized in this paragraph, you are not being
granted a license under any copyright, trademark, patent
or other intellectual property right in the material found
or described therein. All such rights are retained by Kohnen & Patton
LLP, and/or any third party owner of such rights. If
you are under 18, you may use our Site only with involvement
of a parent or guardian.
You may not do any of the following in connection with
your use of this Site: (a) send spam, chain emails, advertising
solicitations, unsolicited commercial email and similar email
solicitations to the email addresses provided on this Site
(the posting of email addresses is not to be construed as,
and does not constitute, consent to use of them by any seller
of services, any compiler of mailing lists, or any other
non-authorized use without prior permission from K&P);
(b) transmit to or from this Site any unlawful, threatening,
libelous, defamatory, obscene, inflammatory or pornographic
material or other material that could give rise to any civil
or criminal liability under the law; (c) attempt to probe,
scan or test the vulnerability of our Site, system or network
or to breach security or authentication measures without
proper authorization; (d) interfere or attempt to interfere
with the proper functioning of this Site or K&P, including,
without limitation, submitting a virus to this Site or K&P,
overloading, "flooding", "mail bombing" or "crashing" this Site or K&P's computer systems;
(e) send unsolicited e-mail of promotions and/or advertising
of products or services; (f) forge any TCP/IP packet header
or any part of the header information in any e-mail. You
agree to indemnify K&P against all claims, demands, actions,
expenses, losses, damages and costs (including but not limited
to reasonable legal costs and disbursements) arising from
any of these prohibited uses.
Linking to Our Site
You may create a hyperlink to the home page of our Site;
provided, that you do not use our logos, falsely imply a
relationship with us, or provide false information about
our products or services. Any third party site which you
link to our Site must comply with all applicable laws. You
may not create framed links to pages within our Site without
our prior written consent. K&P at all times reserves
the irrevocable right to rescind consent for any link to
this Site and to take any legal action it deems appropriate.
Attorney Licensing
Each of our attorneys is licensed to practice law only in
those jurisdictions listed in the attorney's profile appearing
on this Site. This Site is not intended to solicit representation
that would constitute the unauthorized practice of law in
any jurisdiction.
Lawyer Advertising
The determination of the need for legal services and the
choice of a lawyer are extremely important decisions and
should not be based solely upon advertisements or self-proclaimed
expertise. Prior results do not guarantee a similar
outcome.
The following language is required to appear at the top
of each page of our Site pursuant to the Rules of Professional
Conduct of the Kentucky Supreme Court: "THIS IS AN ADVERTISEMENT."
To the extent the State Bar Rules in your jurisdiction
require us to designate a principal office and/or a single
attorney responsible for this Site, K&P designates its
office in Cincinnati, Ohio, USA as its principal office and
Terry E. Moore as the attorney responsible for this Site.
K&P has endeavored to comply with all known legal and
ethical requirements in compiling this Site. K&P does
not desire to represent clients based upon their review of
any portions of this Site that do not comply with legal or
ethical requirements.
Disclaimer and Limitation of Liability
THIS SITE AND THE
INFORMATION AND MATERIALS LOCATED THEREON ARE PROVIDED
TO YOU ON AN "AS IS" AND “AS
AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS,
IMPLIED, OR STATUTORY. K&P, ITS AFFILIATES AND ITS
SUPPLIERS DO NOT MAKE ANY, AND HEREBY DISCLAIM ALL,
WARRANTIES THAT MIGHT ARISE FROM YOUR USE OR RELIANCE ON THIS SITE (INCLUDING
ANY LINKS TO OTHER WEBSITES THAT ARE CONTAINED
WITHIN THIS SITE) AND THE
INFORMATION AND MATERIALS LOCATED THEREON,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED
WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. K&P,
ITS AFFILIATES AND ITS SUPPLIERS WILL NOT
BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE,
STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR
LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES,
EVEN IF K&P, ITS AFFILIATES AND/OR ITS
SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE OR
THE MATERIALS IS TO STOP USING THIS SITE OR
THE MATERIALS.
THE LAWS OF CERTAIN STATES DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME
OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS,
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MIGHT HAVE ADDITIONAL RIGHTS.
Governing Law and Jurisdiction
These
Terms
are
governed
by
and
shall
be
construed
in
accordance
with the laws of the State of Ohio and the United States
of America, without regard to its principles of conflicts
of law. This Site is controlled and operated by K&P
from its principal office in Cincinnati, Ohio, U.S.A., and
is not intended to subject K&P to the laws or jurisdiction
of any state, country, or territory other than that of Ohio
and of the United States of America. Those who choose to
access this Site or any information or materials located
thereon do so on their own initiative and at their own risk,
and are responsible for complying with local laws. In
the event of a dispute arising under or relating to your
use of this Site or any information or materials located
thereon, or these Terms, you agree to the exclusive jurisdiction
of the federal and state courts located in Hamilton County,
Ohio, and waive any jurisdiction, venue, or inconvenient
forum objections to such courts.
General Terms
If any provision of these Terms is found for any reason
to be unlawful, void, or unenforceable, then that provision
will be deemed severable from these Terms and will not affect
the validity and enforceability of any remaining provision.
Any heading, caption or section title contained herein is
inserted only as a matter of convenience, and in no way defines
or explains any section or provision hereof. A party's failure
to insist upon or enforce strict performance of any provision
of these Terms shall not be construed as a waiver of any
provision or right. This, together with any of our policies
referred to herein, is the entire agreement between you and
us relating to your use of this Site and the information
and materials located thereon, and supersedes any and all
prior or contemporaneous written or oral agreements between
you and us regarding the same subject matter (except other
written, fully-executed contracts between you and us). Neither
the course of conduct between you and us, nor trade practice,
shall act to modify any provision of these Terms. The
information, materials and graphics available on this Site
are subject to change without notice.
Copyright
All materials Copyright © 2000-2008 Kohnen & Patton
LLP. All rights reserved. See our complete Copyright
Notice which is incorporated into these Terms by reference.
Effective Date
These Terms were last updated on June 1, 2008.