DISCLAIMER

TERMS AND CONDITIONS

IMPORTANT PLEASE READ THESE LEGAL NOTICES AND TERMS OF USE (THE“NOTICES AND TERMS”) CAREFULLY BEFORE ACCESSING THIS WEBSITE

The Notices and Terms create a legal agreement between you (“You” or “Your”) and THE HELLER LAW FIRM, P.C. (“HLF”) that governs: (1) the information of HLF made available through this website (the “Information”); (2) the nature of the relationship between You and HLF; (3) certain other matters of professional responsibility; (4) HLF’s use of Your information gathered by it through this website; and (5) Your use of this website, related systems, and the Information (collectively, the “HLF Site”). By accessing any portion of the HLF Site, You are indicating that You have read and understood, and that You have accepted and assent to be bound by, these Notices and Terms, which may be amended from time to time by HLF pursuant to the terms herein. If You do not agree to these Notices and Terms, You are not permitted to access the HLF Site.

1. NO LEGAL ADVICE


The Information is made available for general informational purposes only, and is not intended to constitute specific legal advice or to be a substitute for advice from qualified counsel. Without limiting the foregoing, the Information may not reflect recent developments in the law, may not be complete, and may not be accurate in, or applicable to, Your jurisdiction. Because the Information is general in nature and may not pertain to Your specific circumstances, You should not act or refrain from acting based on any Information without first obtaining advice from professional counsel qualified in the applicable subject matter and jurisdictions.

2. NO ATTORNEY-CLIENT RELATIONSHIP


HLF has a policy of entering into attorney-client relationships with its clients only in accordance with certain procedures which include, but are not limited to, executing an engagement letter and addressing professional responsibility conflicts as required by the Bar Associations of the states in which HLF maintains offices. You agree that Your access of the HLF Site or receipt of the Information, or Your transmission of electronic mail to addresses on the HLF Site, does not create an attorney-client relationship between You and HLF. Do not send HLF confidential information until you speak with one of our lawyers and receive our authorization to send that information to HLF. Providing information to HLF a (via e-mail links on the HLF Site or otherwise) will not create an attorney-client relationship in the absence of an express agreement by HLF to create such a relationship, and will not prevent HLF from representing someone else in connection with the matter in question or a related matter. E-mail solicitations for pro bono assistance are not accepted.

3. OTHER MATTERS OF PROFESSIONAL RESPONSIBILITY

3.1 No Advertising or Solicitation. Although the HLF Site is not intended to be an advertisement or solicitation, it may be deemed an ADVERTISEMENT in certain jurisdictions. For purposes of the New York State Bar rules, this Site may be considered attorney advertising and the headquarters of HLF are The Heller Law Firm. P.C., 3000 Marcus Ave., Suite 3W4, Lake Success, NY 11042 Telephone 516.441.5656. Prior results described herein do not guarantee a similar outcome.

3.2 Sensitive Communications. You agree that electronic mail sent by You to HLF will not be treated as confidential or invoke an attorney-client privilege; provided, however, that if You are an existing client of HLF and You send an electronic mail to HLF pertaining to a matter in which HLF then represents You, such electronic mail may be entitled to be treated as confidential or privileged. Notwithstanding the foregoing, You acknowledge that electronic mail and the Internet are generally insecure media of communication, and HLF cannot guarantee the confidentiality of any electronic mail sent to, or received by, it or any information submitted by You to HLF through the HLF Site.

3.3 Authorized Jurisdictions; Certifications. Although HLF practices law in the jurisdictions in which its offices are located as well as other jurisdictions, each HLF attorney is licensed to practice only in those jurisdictions set forth in that attorney’s biography on the HLF Site. Except as specifically stated, each HLF attorney is not certified (including as a specialist) by any professional or government authority. The listing of HLF attorneys in practice groups is not intended to indicate any professional or governmental certification.

3.4 Principal Office; Responsible Attorney. To the extent the requirements of the Bar Association in Your jurisdiction require such designation: HLF’s principal office is its Lake Success New York office. HLF’s responsible attorney for the HLF Site is Norman H. Heller.
3.5 No Warranty of Results. The Information may contain descriptions of matters in which HLF successfully represented its clients. The results of these matters were dependent on their specific circumstances, and are in no way intended to be predictive of future results, even in similar circumstances, or offer any type of guarantee or assurance of outcome. Information pertaining to HLF clients may not reflect the opinions of such clients.

3.6 IRS Circular 230 Disclosure. To comply with certain U.S. Treasury regulations, HLF informs You that, unless expressly stated otherwise, any U.S. federal tax advice contained in this communication, including attachments, was not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding any penalties that may be imposed on such taxpayer by the Internal Revenue Service. In addition, if any such tax advice is used or referred to by other parties in promoting, marketing or recommending any partnership or other entity, investment plan or arrangement, then (a) the advice should be construed as written in connection with the promotion or marketing by others of the transaction(s) or matter(s) addressed in this communication, and (b) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

4. PRIVACY

4.1 Privacy Generally. With respect to Information submitted or collected on the HLF Site, You accept HLF’s privacy policy as set forth in this Section 4. This Section 4 does not pertain to, and HLF is not responsible for, the privacy practices of any third party websites to which the HLF Site hyperlinks. Certain areas of the HLF Site may be subject to additional privacy related provisions, links to which will be posted in those areas. This Privacy Statement is based on the privacy and data protection principles common to the countries in which HLF operates. HLF applies it in light of our over-arching obligations to comply with law, to preserve client confidentiality, and to represent our clients as effectively as possible within the bounds of the law. This Statement is intended to summarize HLF’s data protection practices generally, and to advise our clients, interested law students, job applicants, HLF Site visitors, and other third parties about HLF’s privacy polices that may be applicable to them. This Privacy Statement is specifically addressed to parties outside HLF who provide personal information to HLF or who visit HLF’s Site.

4.2 Activity Logging. When You use the HLF Site, which may be hosted in part or in its entirety by a third party, the HLF Site will collect information indirectly and automatically (through, for example, the use of “cookies” or Your “IP address”) about Your activities. HLF uses this activity information (the “Activity Information”) for internal purposes such as to administer the HLF Site, improve the HLF Site, and help HLF understand how the HLF Site is being used including the demographics and “clickstreams” of its visitors. A cookie is a text file sent by a HLF server and placed on Your computer by Your HLF browser. HLF’s extranet Sites use cookies to track logins and to filter data that a logged-in user has access to. This cookie also identifies users that have changed their initially-assigned default password. HLF uses this information to help customize the user’s experience on the Site, to provide security, and for the other purposes specified herein. You may reset your browser to refuse all cookies or to allow your browser to alert You when a cookie is set. However, if You select these settings You may be unable to access certain parts of HLF’s Site. Unless You have adjusted Your browser setting so that it will refuse cookies, our system will issue cookies when You logon to HLF’s Site.

4.3 Personally Identifiable Information. The HLF Site is designed so that You may generally browse it without providing any Personally Identifiable Information (defined below). Certain areas of the HLF Site, however, may require or allow the voluntarily submission of Personally Identifiable Information (for example, registration to receive HLF publications). HLF uses Your Personally Identifiable Information for the purposes for which it was submitted by You to HLF and for HLF to send You publications and invitations that may be of interest to You. Except as otherwise set forth in this Section 4, HLF does not share Your Personally Identifiable Information with third parties. “Personally Identifiable Information” means information that would allow someone to identify or contact You, such as Your name, physical or electronic mail address, and telephone number; provided, however, that Personally Identifiable Information does not include aggregated information that, by itself, does not permit the identification of individual persons and does not include the Activity Information.

4.4 Removal of Personally Identifiable Information. HLF will use reasonable efforts to remove Your Personally Identifiable Information from our then current HLF Site at any time upon Your written request to norm@hellerlawpc.com. Such removal of Personally Identifiable Information will not ensure the permanent removal of such Personally Identifiable Information from the HLF Site. For example, such Personally Identifiable Information may remain in HLF’s archival or backup copies of the HLF Site.

4.5 Additional Disclosure of Personally Identifiable Information. HLF may share Personally Identifiable Information with third parties, including affiliated firms and third parties performing services for or on behalf of HLF. Such services may include communications, database, event management, hosting, mailing, and marketing services. Additionally, HLF cannot fully ensure that Your Personally Identifiable Information will not be disclosed to third parties. For example, HLF may be legally obligated to disclose information to the government or third parties under certain circumstances, third parties may circumvent HLF’s security measures to unlawfully intercept or access transmissions or private communications, or an error may occur in the administration of the HLF Site. In the unlikely event that HLF needs to investigate or resolve possible problems or inquiries, HLF may, and You authorize HLF to, disclose any information about You to government officials as permitted by applicable law.

4.6 Miscellaneous Privacy Terms. HLF has implemented and follows appropriate technical measures to protect against the risks of unauthorized access to, erroneous disclosure of, and unlawful interception of Personally Identifiable Information. You should know, however, that HLF cannot fully eliminate such risks. HLF hopes this Section 4 clarifies HLF’s procedures regarding its collection, use, and disclosure of Your Information including Personally Identifiable Information. HLF provides appropriate and reasonable physical, procedural, and electronic information security measures to protect such personal information that is submitted to HLF. Personal information that is voluntarily submitted to HLF online, via electronic communication, or otherwise, may be maintained or accessed in servers or files located in the United States, which the European Union has not deemed to provide "adequate" privacy protection. If you do not consent to having your information processed and stored in the United States, please do not provide it to HLF. Questions or concerns regarding the privacy policy in this Section 4 may be submitted to norm@hellerlawpc.com.

4.7 Access. If You are an individual You may have certain rights under applicable data protection legislation which includes the right for You to review and correct the personal data HLF holds about You. HLF may charge You a fee to receive a copy of this data. For a copy of or reasonable access to Your personal data please contact HLF.

4.8 Children. In order to respect the privacy of children online, HLF does not knowingly collect, maintain, or process Personal Information submitted by children under the age of 13.

4.9 Security. HLF maintains reasonable and appropriate physical, electronic and procedural safeguards intended to maintain the confidentiality of Personal Information provided by a visitor to this HLF Site. HLF does not guarantee that our safeguards will always work.

4.10 Changes. HLF reserves the right to change this Privacy Statement at any time without advance notice. Should any new policy go into effect, HLF will post it on the HLF Site.

4.11 Marketing. HLF likes to keep our clients, personnel, and other interested parties informed of legal developments of interest to them. If You do not want to receive publications or details of events or seminars that HLF considers of interest to You, please let HLF know by sending an email with Your instructions.

4.12 Consultants, Suppliers and Vendors. In order to support its provision of legal services to its clients, from time to time, HLF may maintain business information about prospective or ongoing consultants, suppliers, and vendors. HLF uses this information for internal purposes and does not share this data with unrelated third parties.

HLF expects consultants, suppliers, and vendors to maintain data protections consistent with reasonable and appropriate obligations of data processors including, where applicable, the European Union’s Data Protection Directive (95/46/EC). Any prospective consultants, suppliers, or vendors with questions about our policies and expectations should contact HLF.

5. GENERAL TERMS OF USE

5.1 Prohibited Uses. You will not use the HLF Site in violation of any applicable law. Without limiting the foregoing, You will not use the HLF Site in connection with (a) the infringement of intellectual property rights including HLF’s rights in its marks and its articles and alerts; (b) the unauthorized transmission of unsolicited commercial electronic mail; (c) the transmission of defamatory materials; or (d) fraud. You will not violate, attempt to violate, or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of the HLF Site.

5.2 Copyright in Information. The HLF Site, including the Information, is protected by United States and international copyright laws. All rights are reserved. Subject to the terms of these Notices and Terms, HLF grants to You a limited, nonexclusive, personal license to access, view, download, and print the Information solely for noncommercial and informational purposes. You may not modify the Information in any way and You may not remove or obscure any copyright or permission notices provided on or in connection with the Information. HLF does not grant to You any rights in its marks. You are free to hyperlink to any page in the publicly available pages of the HLF Site; provided, however, that You agree to remove any such hyperlink upon HLF’s written request.

5.3 Electronic Mail. Subject to Section1, Section 2 and Section 5.1, You may send electronic mail to those addresses made available on the HLF Site for the purposes of requesting alerts or other news notification services, submitting voluntary survey responses, responding to or making inquiries regarding HLF events, requesting information regarding HLF or legal or other services offered by HLF, and inquiring about employment opportunities. You agree to cease sending electronic mail to any HLF address upon HLF’s request.

5.4 No Warranties. THE HLF SITE IS PROVIDED TO YOU “AS IS.” YOUR ACCESS AND USE OF THE HLF SITE IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY THE LAW AND RULES OF PROFESSIONAL RESPONSIBILITY IN THE APPLICABLE JURISDICTION, HLF DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, QUIET ENJOYMENT, AND UNINTERRUPTED OR ERROR FREE OPERATION.

5.5 Disclaimer of Liability. TO THE EXTENT PERMITTED BY THE LAW AND RULES OF PROFESSIONAL RESPONSIBILITY IN THE APPLICABLE JURISDICTION, HLF DISCLAIMS LIABILITY FOR ANY LOST PROFITS OR INCOME, LOST BUSINESS, OR LOST DATA, OR FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THE HLF SITE. YOUR USE OF THIS HLF SITE IS AT YOUR OWN RISK. THE MATERIALS PRESENTED ON THIS SITE MAY NOT REFLECT THE MOST CURRENT LEGAL DEVELOPMENTS, VERDICTS OR SETTLEMENTS. THESE MATERIALS MAY BE CHANGED, IMPROVED, OR UPDATED WITHOUT NOTICE. HLF IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE OR FOR DAMAGES ARISING FROM THE USE OR PERFORMANCE OF THIS SITE UNDER ANY CIRCUMSTANCES.

5.6 Third Party Information. HLF may hyperlink to or otherwise make third party information available on the HLF Site. This is done solely for the purposes of convenience. HLF does not endorse or approve of any such third party information or such third parties.

5.7 Miscellaneous. You agree that any dispute arising out of or in connection with the HLF Site or these Notices and Terms will be governed by the laws of the State of New York without reference to conflict of laws principles that would require the application of the laws of any other jurisdiction, and You submit to the exclusive jurisdiction and venue of the state and federal courts located in Nassau County, New York. In the event that You gain access to information not intended to be accessed by You, You agree that You will immediately notify HLF and lawfully destroy all copies of such information in Your possession.