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TERMS OF USE
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Please read the following terms and conditions carefully before using this site (“Site”). By using this Site, you agree to follow and be bound by the following terms and conditions concerning your use of the Site (“Terms of Use”). You may not access or use the Site should you not want to be bound by these Terms of Use. The Terms of Use may be modified at any time without notice to you, and any such modification shall be effective immediately upon posting of the modification. By your access and use of the Site you agree to periodically review the Terms of Use and shall be conclusively bound by any such future modifications.
Materials on this Site have been prepared by Shimberg & Friel, P.C. (“Shimberg & Friel”) for general informational purposes only. These materials do not, and are not intended to, constitute legal advice. These materials may be considered advertising in your state. Shimberg & Friel does not wish to represent anyone desiring representation based upon viewing this Site in a state where this Site fails to comply with all laws and ethical rules of that state. The information provided at this web site is not privileged and does not create an attorney–client relationship with Shimberg & Friel or any of the firm’s lawyers. The act of sending an e–mail to Shimberg & Friel or any attorney at Shimberg & Friel, or submitting a form response or other materials through the Site, will not create an attorney–client relationship. If you are not currently a client of Shimberg & Friel, your e–mail will not be privileged and may be disclosed to third persons. This web site is not an offer to represent you. You should not act, or refrain from acting, based upon any information at this web site. 
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COPYRIGHT
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Copyright 2003–2008 Shimberg & Friel, P.C. All rights reserved.
All content included on this site, including, but not limited to text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, html code, xml code, and icons, is property of Shimberg & Friel and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Shimberg & Friel and protected by U.S. and international copyright laws. All software used on this Site is the property of Shimberg & Friel or its software suppliers and protected by United States and international copyright laws. Unless stated otherwise in the Terms of Use applicable to this Site, use of any material appearing on this Site is prohibited without the prior written consent of Shimberg & Friel. All inquiries regarding usage requests should be directed to cshimberg@shimberglaw.com.
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LICENSES
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Shimberg & Friel hereby grants you a limited, non–exclusive, non–transferable license to download, view, copy and print documents and graphics incorporated in the Site (the “Materials”) subject to the following conditions: (1) the Materials may be used solely for personal, informational, and non–commercial purposes; and (2) the Materials may not be modified or altered in any way. Except to the extent permitted under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, post, reproduce, publish, license, transmit or distribute any information from this Site in whole or in part without the prior written consent of Shimberg & Friel or any third party that provided information to the Site.
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DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS PROVIDED ON AN ”AS IS“ AND ”AS AVAILABLE“ BASIS. SHIMBERG & FRIEL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON–INFRINGEMENT.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, WHETHER OBTAINED BY YOU FROM SHIMBERG & FRIEL, FROM A SHIMBERG & FRIEL EMPLOYEE OR AGENT, OR THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
SHIMBERG & FRIEL WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SHIMBERG & FRIEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY MATTER RELATING TO THE SITE.
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LINKS, THIRD PARTY WEB SITES, CONTENT, PRODUCTS AND SERVICES
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The Site may, from time–to–time, provide links to Web sites and access to content, services, and products from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that Shimberg & Friel is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that Shimberg & Friel is not responsible for third party content accessible through the Site, including opinions, advice, and statements, and you understand that you bear all risks associated with the use of such content.
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APPLICABLE LAW
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By visiting the Site, you agree that the laws of the State of New Jersey, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Shimberg & Friel.
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DISPUTES
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Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Camden, New Jersey, except that, to the extent you have in any manner violated or threatened to violate Shimberg & Friel’s intellectual property rights, Shimberg & Friel may seek injunctive relief or other appropriate relief in any state or federal court in the State of New Jersey, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration pursuant to these Terms of Use shall be joined to an arbitration involving any other party subject to the Terms of Use, whether through class arbitration proceedings or otherwise.
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INDEMNITY
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You agree to defend, indemnify and hold harmless Shimberg & Friel, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorney’s fees and costs, arising out of or in any way connected with your access to or use of the Site.
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CHANGE, DISCONTINUANCE OF THE SITE AND SEVERABILITY
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Shimberg & Friel reserves the right to make changes to the Site (including permanent or temporary discontinuance of the Site), its policies, and these Terms of Use at any time. You agree that Shimberg & Friel shall not be liable to you or any third party for any such change, amendment, modification, suspension or discontinuance. Any and all portions of the Terms of Use shall automatically apply to all improvements, modifications, changes and/or amendments as they appear on the Site. If any of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. The failure of Shimberg & Friel to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
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