Terms of Use

Terms of Use

Last Updated September 2018

PLEASE READ AND REVIEW THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE (INCLUDING THE DMCA POLICY BELOW), TOGETHER WITH THE PRIVACY POLICY AND ANY OTHER POLICIES, DISCLAIMERS, GUIDELINES OR TERMS REFERENCED HEREIN (COLLECTIVELY, THE “AGREEMENT”), CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND CUYLER & TUFTS LLP, A CALIFORNIA LIMITED LIABILITY PARTNERSHIP (“C&T”, “WE” OR “US”) WITH RESPECT TO YOUR USE OF C&T'S WEB PAGES (THE “WEBSITE”).

YOUR ACCESS, BROWSING OF, AND/OR USE OF THE WEBSITE SHALL BE DEEMED TO BE ACCEPTANCE OF THIS AGREEMENT, AND YOU AGREE TO BE BOUND BY SUCH AGREEMENT WITH RESPECT TO YOUR USE OF THE WEBSITE. IF YOU DO NOT WISH TO BE BOUND TO THE AGREEMENT, YOU MAY NOT ACCESS, BROWSE OR USE THE SITE OR ANY OF THE SERVICES WE PROVIDE, AND MUST IMMEDIATELY STOP ACCESSING, BROWSING AND USING THE WEBSITE.

Changes to this Agreement. This Agreement may change from time to time without prior notice to you, so please be sure to check this page on a regular basis when you visit the Website. When this Agreement is modified, we will post the date of the last revision at the top of this page. Your continued use of the Website after any such modifications constitutes your consent to be bound to such modified terms.

No Attorney-Client Relationship. The information provided on this Website is general in nature and does not constitute legal advice, nor is it intended to constitute advertising. The use of this Website, and the communication of any information between you and us via this Website, does not create any sort of attorney-client relationship between us, and is not a substitute for obtaining legal advice from an attorney licensed to practice in your jurisdiction. Prior results do not guarantee a similar outcome. No communications between you and us via this Website will be considered privileged or confidential. You agree that you will not act or refrain from acting based on any information or other contents of our Website without first seeking counsel from an attorney licensed to practice in your jurisdiction.

Binding Agreement. You hereby represent and warrant that you are permitted to access, browse, and use the Website under the laws of the United States, your country of residence, or the country in which you are located, and are not otherwise legally barred from doing so. You further represent and warrant that you are of legal age in your jurisdiction to form a legally binding contract with C&T, and that any and all information you submit to C&T via the Website is accurate, true, current and complete.

Privacy Policy. Your privacy is important to us. Our use of your information is governed by our Privacy Policy. Read it carefully since it is describes how we collect and use information we obtain from you.

Intellectual Property Ownership. All right, title and interest in and to all material and contents on the Website, including without limitation all text, images, scripts, code, URLs, service marks, designs, site look and feel, trade names, database rights, graphics, software, databases, trademarks, copyrights, logos, video, and music (collectively, the “Content”), is owned or licensed by C&T and are protected by patent, copyright, trademark, and other intellectual property rights and laws. Except for the limited license granted herein, you shall have no right, title or interest to such Content, and may not use any Content except as expressly stated herein.

License Grant to Access Website. You are hereby granted a personal, nontransferable, non-sublicenseable, non-exclusive, limited and revocable license to access, use, view, store, print, cache, reproduce, and distribute the Website and the Content solely for your direct, non-commercial and personal use via a generally available consumer web browser. You acknowledge and agree that you shall not (and do not allow a third party to) do any of the following: modify, create derivatives of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, copy, sublicense, assign, grant a security interest in, rent, lease, loan, sell or otherwise transfer any right in the Website or Content, or remove or obscure the copyright notice or other notices displayed on the Website or in the Content. You may not access, use, view, store, print, cache, reproduce or distribute the Website or the Content, in any way, for any commercial use without obtaining the prior written consent of C&T or its licensors. Except as expressly provided herein, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of the Content. As between you and C&T, all rights not expressly granted herein are reserved by C&T. Any unauthorized use or breach of this Agreement shall permit C&T to terminate the licenses and permissions granted herein. C&T reserves at all times the right to block your access to the Website and Content, refuse services, or remove or edit the Content. You may link sites to our home page at cuylertufts.com, provided that you agree that you will remove such link at any time upon our request. You may not use our name, logos, or other trademarks in any form, nor mirror or frame the Website, nor use “meta-tags”, invisible text or the like that uses our name, logo, or other trademarks, without obtaining our prior written request thereto.

Your Responsibilities. In addition to the other responsibilities stated in this Agreement, you are solely responsible for obtaining the software and connectivity needed for you to access and use the Website (including, without limitation, payment of any telecommunication charges and Internet service provider (ISP) fees. In the event you have a username and password to the Website, you agree that you are solely responsible for maintaining the confidentiality of such, and for all usage and activities taking place under your account. You are responsible for any and all information you communicate using the Website to others (whether intentionally or not intentionally). You should not use the Website to communicate information that you wish to discuss only with your legal counsel. You are solely responsible for any use of the Website by your agents or dependents, and you agree that you will inform such agents and dependents about this Agreement and their obligation to comply with such. You shall not send unsolicited commercial email (e.g., email endorsing services or products or other promotional email) to the email addresses included on the Website, interfere with the functioning of the Website (e.g., via overloading or attempting to “crash” the Website), or forge any part of the TCP/IP header within an email.

No Support. Please note that no support is offered or provided for the Website.

Third Party Sites. Please note that any links from the Website to sites that are owned or operated by third parties are provided solely for your convenience, and do not imply or state that C&T endorses, promotes, is associated or affiliated with, or that C&T makes any claims regarding the suitability, quality, or accuracy of such sites or the content located thereon. Please note that this Agreement (including the Privacy Policy) does not apply to your use of such third-party websites; instead, the terms of service and privacy policy of such third-party website will apply.

Termination. We may terminate this Agreement (or any part thereof) or modify, discontinue, terminate, or suspend the Website (or any part thereof, including all or part of the Content) at any time, for any reason, and without notice to you. Upon any termination of this Agreement you agree to immediately destroy all copies, printouts, and other materials downloaded from the Website. The sections titled “No Attorney-Client Relationship,” “Intellectual Property Ownership,” “No Warranties,” “Limitation of Liability,” “Indemnification,” “Governing Law; Venue”, and “General” will survive any expiration or termination of this Agreement.

No Warranties. THE WEBSITE IS PROVIDED TO YOU FOR YOUR PERSONAL INFORMATION PURPOSES ONLY. THE WEBSITE (INCLUDING THE CONTENT) IS NOT INTENDED TO CONSTITUTE ANY LEGAL, FINANCIAL, MEDICAL, OR OTHER PROFESSIONAL ADVICE. NEITHER C&T NOR ANY OTHER PARTIES THAT PROVIDE INFORMATION, SERVICES, OR OTHER CONTENT ON THE WEBSITE WILL BE RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES (WHETHER DIRECTLY OR INDIRECTLY) RELATING TO ANY OF YOUR ACTION OR INACTION BASED ON THE WEBSITE OR THE INFORMATION, SERVICES, OR OTHER CONTENT INCLUDED THEREON. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE (INCLUDING THE CONTENT THEREIN) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY OF ANY KIND FOR ANY ERRORS OR OMISSIONS IN, OR RELIANCE UPON, SUCH. TO THE FULLEST EXTENT PERMITTED BY LAW, C&T EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF ACCURACY, COMPLETENESS OR AVAILABILITY OF CONTENT, NON-INFRINGEMENT, AND THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability. YOU UNDERSTAND AND AGREE THAT C&T AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, TRUSTEES, OFFICERS, EMPLOYEES AND AGENTS (THE “C&T PARTIES”), TO THE FULLEST EXTENT PERMITTED BY LAW, SHALL NOT BE LIABLE FOR ANY INDIRECT, DIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THAT INCURRED IN CONNECTION WITH THE WEBSITE, CONTENT, OR ANY ACTION TAKEN BASED ON THE WEBSITE AND CONTENT), INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA, LOSS OF PROFITS, LOSS OF USE, LOSS OF GOODWILL, COST TO PROCURE SUBSTITUTE SERVICES, WRONGFUL DEATH, EMOTIONAL DISTRESS, MENTAL ANGUISH, PERSONAL INJURY, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY. IF ANY LIMITATION OF LIABILITY OR DAMAGES IS RESTRICTED OR PROHIBITED UNDER APPLICABLE LAW, YOU AGREE AND ACKNOWLEDGE THAT THE C&T PARTIES’ MAXIMUM TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US $100.00).

Indemnification. You agree to indemnify and hold C&T and its affiliates, and their respective partners, trustees, directors, employees, officers, and agents (collectively, the “Indemnitees”), harmless from and against all actual and direct losses, liabilities, claims, demands, expenses and costs (including reasonable attorneys’ fees) that the Indemnitees may suffer as the result of any claims, demands, actions, investigations, settlements or judgments against such Indemnitees arising from or in connection with any breach of this Agreement, or from any breaches of confidentiality or negligence, or wrongful acts or omissions, by you, your dependents or agents.

Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law principles. Any dispute, claim, or controversy arising in any way out of this Agreement or your use of the Website shall be solely and exclusively resolved in the applicable state or federal courts located in San Francisco, California, United States of America. The prevailing party shall be entitled to costs and reasonable attorney’s fees arising out of such litigation. You agree that any claim or cause of action arising out of your use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or will forever be barred, notwithstanding any statute of limitations or other law to the contrary.

General. You may not assign any of the rights or obligations accruing to you under this Agreement without the prior written consent of C&T, and any attempted assignment in contravention of this sentence shall be null and void. This Agreement (as defined above) constitutes the entire agreement between you and C&T concerning the Website, and supersedes any prior agreements (whether written or oral) between you and C&T relating to your access and/or use of the Website. No modification or amendment of the Agreement shall be effective unless it is made in writing and physical signed by an authorized representative of C&T (no email or other electronic communications will be valid for such signature). A waiver by C&T of any breach of any provision of this Agreement shall not be deemed to be a waiver of any subsequent breach or in any manner affect any other portion of this Agreement. The failure of C&T to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. In the event that any provision of this Agreement is found invalid, unenforceable or illegal, you and C&T agree that the court should endeavor to give effect to the intention of the parties as reflected in such provision, and that all other terms and conditions of this Agreement shall remain in full force and effect. This Agreement is only between you and C&T, and are not for the benefit of any other person. You agree and acknowledge that all rights not expressly granted herein are reserved by C&T.


Digital Millennium Copyright Act (DMCA) Policy

This DMCA policy is intended to describe the policy that we have to respond to clear notices of trademark or copyright infringement. Regardless of whether we would be found to be liable for any such infringement, upon receiving such notices, we may elect to respond by disabling access to or removing content that is claimed to be infringing, or terminating particular users’ ability to access the Website.

Please note that this process is to be used solely for reporting instances of alleged trademark or copyright infringement. In the event you misrepresent that a particular activity or material infringes your trademark or trademark, you will be responsible and liable for all damages (including costs and attorneys’ fees) incurred as a result of such material misrepresentation. For this reason, we recommend that you consult with a licensed attorney in your jurisdiction before notifying us of infringement using the below process.

Infringement Notices. If you believe that your trademark or copyright is being infringed on the Website, please send a written and signed notice to us at the address below, which notice must include all of the following information:
  1. A description of the trademarked or copyrighted work (or portion thereof) you believe is being infringed on the Website;
  2. A description of the allegedly infringing content on the Website, including sufficient information that permits C&T to easily identify such work on the Website and the URL (web address) of the particular page you allege contains such infringing material;
  3. A signed statement by you that, in your good faith belief, the content described in item (2) above not permitted by the applicable trademark or copyright holder or its agent, or under applicable law; and
  4. A signed statement by you that you attest and swear under penalty of perjury that the information in this notice is accurate and that you are either the trademark or copyright owner or that you are authorized to act on behalf of the owner of an exclusive right to such trademark or copyright that has allegedly been infringed.

Infringement Counter-Notices. If you believe that the content you provided to the Website should not have been removed based on alleged trademark or copyright infringement, you may provide a written and signed counter-notice to us at the address below, which notice must contain all of the following information:
  1. A description of the content on the Website (including the URL (web address) of the applicable page prior to its removal) that you believe was improperly removed;
  2. A signed statement by you that you attest and swear under penalty of perjury that, in your good faith belief, the content was removed as a result of a mistake or misidentification (and, in the case of trademark disputes only, a reasonably sufficient explanation of why in your good faith belief you are not infringing the trademarked work);
  3. A signed statement by you that you consent to the jurisdiction the Federal District Court for the judicial district in which your address is located (or, if you do not live in the United States, any judicial district in which C&T is located);
  4. A signed statement that you will accept service of process from the person who sent the original infringement notice to C&T, or an agent of such person; and
  5. Your name, address, telephone number and, if available, email address.

It is C&T’s policy to respond to all infringement notices we receive and to comply with applicable law with respect to such. In our sole discretion, we may elect to remove any allegedly infringing content without prior notice, and/or to terminate the access rights of users who have been determined to be repeat infringers.

All such infringement notices and counter-notices must be sent to:

Cuyler & Tufts LLP
Attn: DMCA Notifications
1119 Geary Blvd.
San Francisco, CA 94109


Please Note: This address is provided exclusively for you to provide infringement notices and counter-notices regarding copyrighted and trademarked material to us, as described above. Inquiries regarding other topics (e.g., reports of email abuse or customer support requests) will not receive a response if submitted at the above address.

Disclaimer: This website is designed for general information only. The information presented on this website is not, nor is it intended to be, legal advice, and is not a substitute for obtaining legal advice from an attorney licensed to practice in your jurisdiction. Prior results do not guarantee a similar outcome. Your use of the website is subject to the Terms of Use and the Privacy Policy.