BORGHESE LEGAL, LTD. PROVIDES THE BorgheseLegal.com WEBSITE AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. BORGHESE LEGAL, LTD. RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED IN AND TO THE WEBSITE AND ITS CONTENT. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:
1. GENERAL TERMS
1.1 The information on the Site is not legal advice. If you require legal advice, please speak directly with an attorney licensed in your jurisdiction.
1.2 The State Bar of Nevada does not certify any lawyer as a specialist or expert.
1.3 Please be advised that communication through the Site does not create an attorney-client relationship. An attorney-client relationship will not be created without the execution of a written agreement outlining the services to be provided by Borghese Legal and the fees to be charged. Do not send any sensitive, personal or confidential information to Borghese Legal without first establishing an attorney-client relationship or the information will not protected by the attorney-client privilege.
2. INTELLECTUAL PROPERTY INFORMATION
2.1 All content on the BorgheseLegal.com website, including without limitation, the text, software, scripts, tools, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Borghese Legal, Ltd. The Content and Marks are protected to the maximum extent permitted by intellectual property laws and international treaties. Content displayed on or through BorgheseLegal.com is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.
2.2 Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Borghese Legal, Ltd.
2.3 You further agree not to reproduce, duplicate or copy Content from BorgheseLegal.com without the express written consent of Borghese Legal, Ltd., and agree to abide by any and all copyright notices displayed on the BorgheseLegal.com. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in BorgheseLegal.com. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of BorgheseLegal.com.
3. WARRANTY DISCLAIMER
3.1 THIS SITE, INCLUDING ANY CONTENT, THIRD PARTY SUBMISSIONS OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.
3.2 Borghese Legal, Ltd., ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
3.3 Although Borghese Legal, Ltd. attempts to ensure the integrity and accurateness of the Content, it makes no guarantees whatsoever as to the correctness or accuracy of the Site or the Content. It is possible that BorgheseLegal.com could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Borghese Legal, Ltd. so that it can be corrected.
4. WEBSITE ACCESS
4.1 You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., to access or attempt to access BorgheseLegal.com. You agree not to collect or harvest any personally identifiable information, including account names, or any of the Content, from BorgheseLegal.com, nor to use the communication systems provided by BorgheseLegal.com for any commercial solicitation or illegal or improper purposes.
4.2 Notwithstanding the foregoing, Borghese Legal, Ltd. grants the operators of recognized international public search engines, such as Google and Yahoo permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials. Borghese Legal, Ltd. reserves the right to revoke these exceptions either generally or in specific cases.
5.1 You agree to defend, indemnify and hold harmless Borghese Legal, Ltd., its affiliated companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(a) your use of and access to the BorgheseLegal.com website;
(c) your violation of any third party right, including without limitation any copyright, property, or privacy right; and
(d) any claim that your use of the Site caused damage to another third party.
6. LIMITS ON THIRD PARTY SUBMISSIONS – DIGITAL MILLENNIUM COPYRIGHT ACT
6.1 You understand that when using the BorgheseLegal.com website, you will be exposed to information generated by third parties (“Third Party Submissions”) from a variety of sources, and that Borghese Legal, Ltd. is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Third Party Submissions. You further understand and acknowledge that you may be exposed to Third Party Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Borghese Legal, Ltd. with respect thereto, and agree to indemnify and hold Borghese Legal, Ltd., its owners, operators, affiliates, agents and attorneys harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6.2 Borghese Legal, Ltd. does not endorse any Third Party Submission or any opinion, recommendation, or advice expressed therein, and Borghese Legal, Ltd. expressly disclaims any and all liability in connection with Third Party Submissions. Borghese Legal, Ltd. does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Borghese Legal, Ltd. will remove all Content and Third Party Submissions if properly notified that such Content or Third Party Submission infringes intellectual property rights. Borghese Legal, Ltd. reserves the right to remove Content and Third Party Submissions without prior notice.
6.3 Borghese Legal, Ltd. does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and Borghese Legal, Ltd. will remove all Content and Third Party Submissions if properly notified that such Content or User Submission infringes intellectual property rights. Borghese Legal, Ltd. reserves the right to remove Content and Third Party Submissions without prior notice.
6.4 If you are a copyright owner or an agent thereof and believe that any Third Party Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Borghese Legal, Ltd.’s designated Copyright Agent to receive notifications of claimed infringement is:
Borghese Legal, Ltd.
Attn: Mark Borghese
10161 Park Run Drive, Suite 150
Las Vegas, NV 89145
Fax: (702) 382-0212
. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
6.5 Counter-Notice. If you believe that your Third Party Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your Third Party Submission, you may send a counter-notice containing the following information to the Copyright Agent:
• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Las Vegas, Nevada, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, BorgheseLegal.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Borghese Legal, Ltd. sole discretion.
7. GOVERNING LAW / DISPUTES
7.1 You agree that the BorgheseLegal.com website shall be deemed solely based in the State of Nevada.
7.2 The BorgheseLegal.com website shall be deemed a passive website that does not give rise to personal jurisdiction over Borghese Legal, Ltd., either specific or general, in jurisdictions other than Nevada.
7.3 Controlling Law. This Agreement shall be governed in all respects by the laws of the State of Nevada.
7.4 Choice of Forum and Venue. You agree that all actions or proceedings arising in connection with this Agreement or relating to the BorgheseLegal.com website shall be tried and litigated exclusively in the State and Federal courts located in the County of Clark, State of Nevada. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. Each party hereby waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulates that the State and Federal courts located in the County of Clark, State of Nevada shall have in personam jurisdiction.
7.5 Damages: Borghese Legal, Ltd. is NOT liable for any consequential, indirect, exemplary, special or incidental damages arising from or relating to your use of the BorgheseLegal.com website (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss).