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Effective July 1, 2006; amended and restated on August 8, 2018
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 Senior Courts 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 White Plains, Westchester 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.
EU GDPR Privacy Notice; Last updated 8 August 2018
Your privacy is important to Daniel H. Erskine. Daniel H. Erskine produces this EU GDPR Privacy Notice (the "GDPR Privacy Notice") to provide additional information about how Daniel H. Erskine and this Site handles personal information that is subject to the GDPR when Daniel H. Erskine is the data controller of that personal information. In this GDPR Privacy Notice, the term "GDPR" refers to include the EU General Data Protection Regulation and the and the UK Data Protection Act 2018 which supplements GDPR and extends its application in the United Kingdom. Daniel H. Erskine only collects personal data on EU residents who employ Daniel H. Erskine for professional legal services, and Daniel H. Erskine maintains no physical office or location in any EU member state.
This GDPR Privacy Notice explains how Daniel H. Erskine handles the personal information collected from individuals through the Site, the personal information collected when individuals engage Daniel H. Erskine for professional legal services ("Services") and the personal information received about individuals as a result of providing the Services to third parties, whenever personal information is subject to the GDPR. Daniel H. Erskine is the data controller responsible for your personal information collected via the Site and is the data controller of personal information subject to the GDPR that is collected and processed in connection with the Services. The Site contains links to other sites whose information practices may be different than this Site. You should consult the other sites' privacy notices as Daniel H. Erskine has no control over information that is submitted to or collected by these third parties.
For the purposes of this GDPR Privacy Notice, "personal information" means any information relating to an identified or identifiable person; it can include obvious data like your name but also identification numbers, online identifiers and/or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person. Special category data includes data revealing race or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and genetic data, biometric data, data concerning health or data concerning a person's sex life or sexual orientation.
This Site and Daniel H. Erskine may collect personal information in the course of our business, including through your use of our Site, when you contact Daniel H. Erskine or request information from Daniel H. Erskine, when engage Services. When Daniel H. Erskine requires personal information from you in order to fulfill a statutory or contractual requirement, or where such information is necessary to enter into a contract or is otherwise an obligation, Daniel H. Erskine will inform you and indicate the consequences of failing to do so.
From individuals who are clients and prospective clients, or are representatives of clients and prospective clients, Daniel H. Erskine may collect the following personal information:
Your name, the name of the company you work for (if different) and your job title.
Contact information for you and the company you work for (if different), including address, fax, phone number and email address.
Payment information (including bank account and wire details), billing instructions and preferences (including to whom to direct invoices).
Relevant information to perform conflicts of interest checks.
Relevant information as required by regulatory Know Your Client and/or Anti Money Laundering regulations and as part of client intake procedures. This may possibly include evidence of source of funds, at the outset of and possibly from time to time throughout provision of the Services, which Daniel H. Erskine may request and/or obtain from third party sources. The sources for such verification may include documentation, which Daniel H. Erskine requests from the client or prospective client or through the use of online or public sources or both.
Information that you give to Daniel H. Erskine to provide Services to you, dependent on the scope, content, and duration of the Services together with other information relevant or necessary to provide Services to you.
Daniel H. Erskine primarily assists corporate entities who are seperare legal entities from their respective owners and employees, and those legal entities are not data subjects (natural persons to whom personal information relates). Despite this fact, in order to provide Services, Daniel H Erskine may receive personal information about individuals working for or with these legal entities, including names, contact details and other information relating to: officers, representatives and/or personnel of corporate clients or prospective clients, as well as their affiliated and related entities; adverse parties in a matter or potential matter, such as claimants, plaintiffs, defendants and other adverse parties; related parties in a matter or potential matter; vendors and suppliers of corporate clients or prospective clients; current and former legal advisors, consultants and other professional advisors of corporate clients or prospective clients; and/or government and/or law enforcement entities and their representatives.
Daniel H. Erskine may also share personal information with a variety of the following categories of third parties as necessary: professional advisers to Daniel H. Erskine, such as lawyers and accountants; government and/or regulatory authorities or entities (including, but not limited to, courts and administrative tribunals); professional indemnity insurers; regulators, tax authorities and/or corporate registries; third parties to whom Daniel H. Erskine may outsource certain services, such as, without limitation, document processing and translation services, confidential waste disposal, IT systems or software providers, IT Support service providers, and document and information storage providers; third parties engaged in connection with the Services, such as counsel, arbitrators, mediators, clerks, witnesses, court reporters, court, opposing party and their lawyers, document review platforms and experts, such as tax advisors; third party service providers to assist Daniel H. Erskine with client insight analytics, such as Google Analytics; third party postal or courier providers who assist Daniel H. Erskine in delivering documents related to your matter.
If you are an individual whose personal information is processed by Daniel H. Erskine as a result of providing the Services to others (including individual clients and corporate clients), Daniel H. Erskine will process a variety of different personal information depending on the Services provided as part of a lawyer providing legal services who needs to process personal information in relation to other third parties instructed either by clients or other persons or companies involved in providing the Services to a client (other law firms, experts etc.).
Daniel H. Erskine uses personal information to provide and operate this Site and the Services, to communicate with you about your use of the Site and Services, to respond to your inquiries, to provide troubleshooting, to fulfill your requests, to bill you for Services, to collect payments, to respond to complaints and inquiries, to provide technical support, to provide other client service and support, and to provide legal advice and related Services to you if you executed a retainer agreement or engagement letter countersigned by Daniel H. Erskine as well as to verify your identity, and carry out requests made by you on the Site or in relation to the Services. The legal basis for this processing is for compliance with legal obligations (including professional and ethical duties as an attorney, lawyer and/or solicitor) and this processing is necessary to establish, exercise or defend Daniel H. Erskine's legal claims and rights. It is in Daniel H. Erskine's legitimate interest or a third party's legitimate interest to use your personal information in such a way to ensure that Daniel H. Erskine provides the Services (including where applicable, client service) to you or others and comply with Daniel H. Erskine's professional and ethical duties as an attorney, lawyer and/or solicitor, consistent with applicable law. In some cases, this processing is necessary to perform a contract to which you are a party.
Daniel H. Erskine is based in the United States. When you submit personal information to Daniel H. Erskine, or when others provide personal information to Daniel H. Erskine, it is received and processed in the United States. You may contact Daniel H. Erskine in writing at 11 W Prospect Ave, Mount Vernon, New York 10550 or 001 866 9514443 or via the contact forms on this Site.
Daniel H. Erskine is under a general duty to keep personal data and information confidential. Where Daniel H. Erskine shares personal information, Daniel H. Erskine takes all reasonable steps to keep it secure, use it fairly and ensure that data protection safeguards are in place. Daniel H. Erskine uses secure portals and encryption tools when necessary to ensure data in transit is protected. Daniel H. Erskine applies best practice in terms of information security, and adopts a privacy by design approach in developing new systems and processes involving personal data, considering the rights of individuals and the risks involved at the start of projects to make sure to build in suitable controls.
Personal information is retained for Site visitors for at least three years from the date of your last interaction with the Site and in compliance with obligations under applicable laws, or for longer if Daniel H. Erskine is required to do so according to regulatory obligations or professional indemnity obligations, or where Daniel H. Erskine believes it necessary to establish, defend, or protect Daniel H. Erskine's legal rights and interests or those of others. Files and information regarding clients who execute a written retainer agreement or letter of engagement countersigned by Daniel H. Erskine are retained for at least seven years from the date of last interaction with the client, in compliance with obligations under applicable laws, or for longer where required by regulatory obligations, professional indemnity obligations, or where Daniel H. Erskine believes it necessary to establish, defend, or protect Daniel H. Erskine's legal rights and interests or those of others. Daniel H. Erskine may then destroy files without further notice or liability.
Your rights to your personal information may be limited where an overriding legitimate interest or legal obligation to continue to process the personal information, or where the personal information may be exempt from disclosure due to applicable law, the applicable rules of professional conduct, attorney-client privilege, legal professional privilege, other applicable privileges or protections, or professional secrecy obligations. These rights and this GRPR Privacy Notice are limited to EEA member state residents and citizens, they are not applicable to United States citizens residing in the United States.
Certain rights you may have are as follows:
The right of access: If you ask, Daniel H. Erskine will confirm processing your personal information and, if necessary, provide you with a copy of that personal information (along with certain other details). If you require additional copies, a reasonable fee may be charged.
Your right to correction or rectification: If the personal information held about you is inaccurate or incomplete, you are entitled to request to have it corrected. If you are entitled to have information corrected and if Daniel H. Erskine shared your personal information with others, Daniel H. Erskine will let them know about the rectification where possible. If you ask Daniel H. Erskine, he will also tell you, where possible and lawful to do so, with whom he shared your personal information so that you can contact them directly.
Your right to erasure: You can ask Daniel H. Erskine to delete or remove your personal information in some circumstances, such as where he no longer needs it or if you withdraw your consent (where applicable). If you are entitled to erasure and if he shared your personal information with others, he will let them know about the erasure where possible. If you ask Daniel H. Erskine, he will also tell you, where it is possible and lawful for him to do so, with whom he shared your personal information with so that you can contact them directly.
Your right to restrict or block processing: You can ask Daniel H. Erskine to restrict the processing of your personal information in certain circumstances, such as where you contest the accuracy of that personal information or you object to Daniel H. Erskine. If you are entitled to restriction and if he shared your personal information with others, he will let them know about the restriction where it is possible for us to do so. If you ask us, we will also tell you, where it is possible and lawful for us to do so, with whom we have shared your personal information so that you can contact them directly.
Your right to data portability: You have the right, in certain circumstances, to receive a copy of personal information Daniel H. Erskine obtained from you in a structured, commonly used and machine readable format, and to reuse it elsewhere or to ask him to transfer this to a third party of your choice.
Your rights in relation to automated decision-making and profiling: You have the right not to be subject to a decision when it's based on automatic processing, including profiling, if it produces a legal effect or similarly significantly affects you, unless such profiling is necessary for entering into, or the performance of, a contract between you and Daniel H. Erskine.
Your right to withdraw consent: If Daniel H. Erskine relies on your consent (or explicit consent) as the legal basis for processing your personal information, you have the right to withdraw that consent at any time.
Your right to lodge a complaint with the supervisory authority: If you have a concern about any aspect of Daniel H. Erskine's privacy practices, including the way he handled your personal information, you can report it to the relevant supervisory authority.
Daniel H. Erskine may make changes to this GDPR Privacy Notice from time to time, to reflect changes in his practices. Daniel H. Erskine may also make changes as required to comply with changes in applicable law or regulatory requirements. Where Daniel H. Erskine materially change this GDPR Privacy Notice, he will take steps to notify you (such as by posting a notice on the Site), and where required by applicable law to obtain your consent.
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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