Effective July 1, 2006; amended and restated on August 4, 2015
Daniel H. Erskine, a sole proprietor, owns and operates this Site. Daniel H. Erskine also owns or licenses the images, text, information, PDF files, articles, and other content presented on this Site, and all of the related software and technology (collectively, the “Content”). You may not use this Site or copy, modify, adapt, upload, download, transmit, distribute, display, perform, publish, license, create derivative works from, transfer, sell, decompile, or reverse engineer any of the Content except as expressly permitted by these Terms and Conditions.
Daniel H. Erskine is admitted as a solicitor of the Supreme Court of England and Wales (SRA Numbers 482811 [individual], 533766 [New York Office] & 618278 [Connecticut Office] under the name Daniel H. Erskine) who engages in an overseas practice without an office in England and Wales overseen, in limited respects, by the Solicitors Regulation Authority and that body's Code of Conduct available HERE. Attorney Erskine is also admitted as an attorney in the state of New York and regulated by the New York courts under the New York Rules of Professional Conduct, such Rules are accessible HERE. Additionally, Attorney Erskine is admitted as an attorney in the State of Connecticut and regulated by the Connecticut courts pursuant to the Connecticut Rules of Professional Responsibility, which are available HERE.
Nature of Information and Materials
The Site is not intended to be a source of advertising, solicitation, or legal advice. The information and articles contained in this Site are only provided for general informational purposes. The information and articles on this Site are not intended as, and should not be construed as, legal advice on any subject matter. You should not rely on the information and articles provided in the Site as legal advice on any subject matter for any purpose.
Although this Site may provide information concerning legal issues, such information is not intended to constitute or be a substitute for legal advice from qualified counsel. You should always seek the legal advice of competent counsel in your jurisdiction. You agree that Daniel H. Erskine is not engaged in rendering legal services or advice by providing the information and materials on this Site, and that your use of the Site does not create any attorney-client relationship between Daniel H. Erskine and you. Daniel H. Erskine assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information or material on this Site. While Daniel H. Erskine takes reasonable measures to keep the information on this Site accurate, complete and up-to-date, Daniel H. Erskine will not be responsible for any damage or loss related to the inaccuracy, incompleteness, or lack of timeliness of the information.
DISCLAIMER: Daniel H. Erskine expressly disclaims any and all responsibility and liability with respect to actions or omissions based on any information or articles contained in this Site. THIS SITE AND ITS CONTENTS ARE PROVIDED “AS IS.” DANIEL H. ERSKINE DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THIS SITE, ANY OTHER SITE TO WHICH THIS SITE PROVIDES CLICK-THRU ACCESS, INCLUDING THIRD PARTY SITES, OR THEIR RESPECTIVE CONTENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DANIEL H. ERSKINE DISCLAIMS ANY IMPLIED REPRESENTATION OR WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, ACCURACY, COMPLETENESS, OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THIS SITE, ANY SITE TO WHICH THIS SITE PROVIDES CLICK-THRU ACCESS, INCLUDING THIRD PARTY SITES, OR ANY OF THEIR RESPECTIVE CONTENTS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
DISCLAIMER OF LIABILITY
IN NO EVENT WILL DANIEL H. ERSKINE BE LIABLE UNDER ANY THEORY OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND ARISING IN CONNECTION WITH THE USE OF THIS SITE OR ANY SITE TO WHICH CLICK-THRU ACCESS IS PROVIDED, EVEN IF DANIEL H. ERSKINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, LOSS, OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DANIEL H. ERSKINE WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH: (1) THE DENIAL OR INTERRUPTION OF ACCESS TO THIS SITE, ANY SITE TO WHICH CLICK-THRU ACCESS IS PROVIDED, OR ANY OF THEIR RESPECTIVE COMPONENTS, (2) ANY INACCURACIES IN ANY OF THE INFORMATION DISPLAYED ON THIS SITE OR ANY SITE TO WHICH CLICK-THRU ACCESS IS PROVIDED, OR (3) ANY OTHER USE OF THIS SITE AND ANY SITE TO WHICH CLICK-THRU ACCESS IS PROVIDED. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
Restrictions on Use of Materials
All materials and Content contained on this Site, and all intellectual property rights thereto, including copyrights, trademarks, service marks, trade names and trade dress, are owned by Daniel H. Erskine. You agree not to copy, reproduce, republish, transmit, modify or distribute any of the Content and materials contained on the Site, except for your personal, non-commercial use, absent the prior written approval of Daniel H. Erskine.
Links to Other Sites
Portions of this Site may provide hyperlinks, framing or other “click-thru” access to sites owned and operated by persons other than Daniel H. Erskine. (“Third Party Sites”). The availability of click-thru access to Third Party Sites is not intended to create or imply any affiliation between Daniel H. Erskine and the owners or operators of any Third Party Site, or any sponsorship by Daniel H. Erskine. of any Third Party Site or its owners or operators. You acknowledge that these Terms and Conditions contain no representation, warranty, or endorsement by Daniel H. Erskine. of any Third Party Site or any of the products, services, information, or other content available on that site. Your use of any Third Party Site will be governed by the terms and conditions posted on that site. Your rights and obligations with respect to any of the products, services, information, or other content of that site will be determined by those terms and conditions. You acknowledge and agree that your use of any information, material, products and services offered by any Third Party Site is solely at your own risk.
If any portion of this Site enables you to download any Content, you may download one (1) copy of that Content for use on a single computer (“Downloaded Content”), provided that your use of the Downloaded Content complies with these Terms and Conditions. If the Downloaded Content contains additional terms and conditions, then your use of that Downloaded Content will be governed by the provisions of those additional terms and conditions, as well as by these Terms and Conditions. The installation or use by you of any Downloaded Content that includes additional terms and conditions will constitute your acceptance of those additional terms and conditions.
You may not copy, reproduce, publish, distribute, display, or otherwise transfer, or modify, adapt, perform, license, sell, or create derivative works from, or decompile, disassemble, or otherwise reverse engineer, any Downloaded Content, without the express written consent of the owner of the Downloaded Content. For example, and without limiting the foregoing, you may not remove or modify any copyright, trademark, or other proprietary notice displayed on any Downloaded Content, nor may you transmit or otherwise transfer any Downloaded Content to any other computer, server, web site, or other medium for mass distribution or for use in any commercial enterprise.
(A) YOU SHOULD NOT CONSIDER THIS SITE TO BE AN INVITATION TO ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. YOU AGREE THAT DANIEL H. ERSKINE IS NOT ENGAGED IN RENDERING LEGAL SERVICES OR ADVICE BY PROVIDING THE INFORMATION, MATERIALS, AND CONTENT ON THIS SITE, AND THAT YOUR USE OF THE SITE DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND DANIEL H. ERSKINE DANIEL H. ERSKINE ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, MATERIAL, OR CONTENT ON THIS SITE.
(B) Any individual sending an e-mail to Daniel H. Erskine must realize that this unilateral action, and any reply thereto, do not, in and of themselves, create an attorney-client relationship. The use of Internet e-mail for confidential or sensitive information is discouraged. Please do not send via e-mail any documents about any legal matter that may involve you unless or until you have received a Letter of Engagement or Retainer Agreement executed by Daniel H. Erskine indicating his consent to represent you.
(C) No attorney listed in this website is certified as an "expert" or "specialist" pursuant to any authority governing the practice of law in any jurisdiction in the United States.
(D) Daniel H. Erskine does not wish to represent anyone desiring representation based upon viewing the Web site in a state where the Site fails to comply with all laws and ethical rules of that state.
UNITED STATES EXPORT CONTROLS
Your use of this Site is subject to applicable United States export controls. You agree not to download, export, or re-export, directly or indirectly, any Content to Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods, to any national or resident of any such country, to anyone on the United States Treasury Department's list of Specially Designated Nationals, or to anyone on the United States Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any of the countries, and you are not identified on any of the lists, described in this paragraph.
UNITED KINGDOM EXPORT CONTROLS
You will comply with all applicable laws, rules, and regulations governing export of goods and information, including the laws of England and Wales. In particular, you will not export or re-export, directly or indirectly, separately or as a part of a system, the Content or other information relating thereto to any country for which an export licence or other approval is required, without first obtaining such licence or other approval. Your use of this Site shall comply with all issued and current UK Strategic Export Control Lists, End-Use Controls, and sanctions maintained or notified to the public by the Secretary of State for Business Enterprise and Regulatory Reform acting through the Export Control Organisation, which forms part of the Department for Business, Innovation and Skills and coordinates with the Foreign and Commonwealth Office, the Ministry of Defence and the Department for International Development as well as administers United Nations sanctions.
You shall defend and indemnify Daniel H. Erskine and his employees and agents from and against any claim, cause of action, or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf or by third parties as a result of your use of this Site, including, but not limited to, (i) your violation of these Terms and Conditions, and/or (ii) your posting or use of Content on this Site.
Governing Law and Forum
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New York, without giving effect to the principles of conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction and venue of any state or federal court located in New York County in the State of New York, United States of America, with respect to all disputes arising out of or relating to the use of this Site or these Terms and Conditions. Your use of this Site is unauthorized in any jurisdiction that does not give effect to all of the provisions of these Terms and Conditions, including, but not limited to, the provisions of this paragraph. Recourse to courts shall mean submission to the jurisdiction and venue of a competent court as defined above in this paragraph and to such court’s civil procedural rules and law.
Additional Rights and Restrictions
You may not assign, transfer, subcontract, or delegate any of your rights, duties, or obligations under these Terms and Conditions. Daniel H. Erskine reserves all rights relating to this Site or the Content not expressly granted to Daniel H. Erskine by these Terms and Conditions. If any provision of these Terms and Conditions is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and will not affect the validity or enforceability of any of the remaining provisions of these Terms and Conditions. Daniel H. Erskine may at any time, in his exclusive discretion and without notice, make additions, deletions, or other modifications to, or suspend or terminate access to, this Site or any other Content. The headings used in these Terms and Conditions are for convenience only and will in no way affect the scope or construction of any provision hereof.
A Special Notice about Children. Children (under the age of 18) are not eligible to use the Site unsupervised, and Daniel H. Erskine asks that children do not submit any personal information to him. If you are under the age of 18, you may only use this Site in conjunction with, and under the supervision of, your parents or guardians.
No waiver by Daniel H. Erskine of any provision hereof, and no failure by Daniel H. Erskine to exercise any of his rights or remedies hereunder, will be deemed to constitute a waiver of such provision, right, or remedy in the future, or of any other provision, right, or remedy hereunder, unless such waiver is set forth in a written instrument signed by Daniel H. Erskine.
These Terms and Conditions, as modified from time to time by Daniel H. Erskine and accepted by you in accordance with the provisions hereof, constitute the entire agreement between you and Daniel H. Erskine with respect to your use of this Site and the Content. In any dispute between you and Daniel H. Erskine regarding your use of this Site or the Content or regarding these Terms and Conditions, as modified, if applicable, a printed version of these Terms and Conditions, as modified, if applicable, and of any electronic notice given by Daniel H. Erskine to you, will be admissible to the same extent as other documents and communications originally generated or maintained in printed form.
The reproduction or re-transmission of the content of this Site is prohibited without the prior written consent of Daniel H. Erskine.
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