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INTRODUCTION Acceptance of Terms: Upon accessing this site, you acknowledge that you will or have read and agree to abide by the terms and conditions ("Agreement") described below. If you decide not to agree to the terms and conditions discussed herein, you should exit this site. Additionally, user acknowledges that accessing this website and transmittal of email to this website does not create an attorney client relationship. Your use and browsing of this site is at your own risk. Neither Fred L. Herman, A Professional Law Corporation, nor any other party involved in creating, producing, or delivering the site is liable for any direct, incidental, consequential, indirect, punitive, or other damages of any kind arising out of your access to or use of this site, or the inability to use this site, whether caused by equipment, software, Fred L. Herman, A Professional Law Corporation or any of its subsidiaries and/or affiliates, (hereinafter collectively "Fred L. Herman"), or by Internet browser providers such as Netscape and Microsoft, or by online service providers or by an agent or subcontractor of any of the foregoing. Nor shall Fred L. Herman or the service providers be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment, software, the online access service, or Internet browser or access software. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WHILE Fred L. Herman, A Professional Law Corporation, MAKES EVERY EFFORT TO PROVIDE ACCURATE INFORMATION ON THIS WEB SITE, IT ASSUMES NO RESPONSIBILITY FOR ACCURACY. SOME INFORMATION PROVIDED TO YOU THROUGH THE USE OF THE SERVICES (DEFINED HEREIN BELOW) OR THIS WEB SITE MAY CONTAIN TECHNICAL OR OTHER INACCURACIES OR OMISSIONS, TYPOGRAPHICAL ERRORS, AND MAY BECOME OUTDATED. This site may contain links to other web sites on the Internet as an informational service to its readers and not as an endorsement of the web site or of any product, service, or entity. All sites which may be accessed through this site are independent and are maintained by persons other than Fred L. Herman employees and agents. Fred L. Herman has no control over the contents of these linked sites. Fred L. Herman has not reviewed all of the sites linked to this site and is not responsible for the contents of any other sites linked to this site and can not vouch for the accuracy of the information contained in these linked sites. Your linking to any other sites is at your own risk. Fred L. Herman may change the information on this site, or the products mentioned, at any time without notice and without first updating the channels through which that information is provided to you (e.g., an automated phone system or web site). Nothing in those channels is intended to provide legal, accounting, tax or financial advice; you should consult your own professional advisor on such matters. Information about products and services which you do not already have with Fred L. Herman is provided for informational purposes only and should not be considered as an offer to make those products and services available to you unless you have so requested. If you do not agree with any part of the terms and conditions in this Agreement, you must not use this site. Use by you or by any person authorized by you of this site indicates your agreement to these terms and conditions and any instructional material which we provide you regarding the Services. You are prohibited from posting or transmitting any unlawful, threatening, obscene, libelous, or otherwise offensive material. This Agreement shall apply regardless of the means by which the site is accessed, including, but not limited to, through the URL address http://www.fredhermanlaw.com , electronic mail, or links from another site. DEFINITIONS Throughout this Agreement, the words "we", "us" or "our" mean Fred L. Herman, A Professional Law Corporation, its subsidiaries and affiliates, and their successors or assigns. "You" or "your" mean each person who accesses this site and who may have an interest in a attorney/client relationship which is accessible through the Fred L. Herman Professional Law Corporation on line services, or in an account or attorney/client or other relationship with Fred L. Herman accessible through www.fredhermanlaw.com, including any person authorized to have such access. PROGRAM REVISIONS CHANGES/INTERRUPTIONS IN SERVICES We may, from time to time, revise or update, or perform maintenance upon, our Program, the Services, and/or related material, resulting in interrupted service or errors in the Services or rendering prior versions obsolete. We also may need to change the scope of our Services from time to time. We will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided. We reserve the right to terminate this Agreement as to all prior versions of our Programs, the Services, and/or related material and limit access to our more recent versions and updates. NO WAIVER We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any right or remedy shall operate as a waiver of that right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. LIABILITY FOR LOSS OR ERRONEOUS DATA Each party will bear the liability or the risk of any error or loss of data, information, transactions or other losses which may be due to the failure of their respective computer system or third party communications provider on which each party may rely. We shall have no liability to you for any damage or other loss, direct or consequential, which you may incur by reason of your use of your computer system. HARM TO COMPUTER SYSTEMS/DATA You agree that our liability for viruses, worms, Trojan horses, or other similar harmful components that may enter your computer system by downloading information, software, or other materials from our site shall be limited to replacing, or the reasonable cost of replacing the lost information, software or other material. We will not be responsible or liable for any indirect, incidental or consequential damages which may result from such harmful components and you will be fully responsible for proving ("burden of proof") that such occurrence was from, and is deemed to be through such use as to have been so generated or derived from access to this web site. SHARING INFORMATION/PRIVACY To find out about Fred L. Herman's Information Sharing and Privacy Policies, please go to our Privacy Policy. EVIDENCE If we go to court for any reason, we can use a copy, microfilm, microfiche or any digital image or data of any document or electronic documentation, e-mail, or database information for such proof. These facsimiles will have the same validity as any original documents. OWNERSHIP OF MATERIALS The content and information on this site is copyrighted by Fred L. Herman, A Professional Law Corporation and the unauthorized reproduction or distribution of any portion is prohibited. Our logos and products are trademarked and service marked and may not be used without our permission. Trademarks or service marks of others that are referenced on our web site are the property of their respective owners. No part of these pages or screens may be copied (except as strictly necessary for you to view these materials on your own computer), republished, redistributed, modified, or otherwise used or exploited by you, without our prior written consent. SEVERABILITY If any provision of this Agreement is void or unenforceable in any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other provision in that or any other jurisdiction. AREA OF SERVICE The Services described in this Agreement are offered to citizens and residents of the United States of America. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No contents from this site may be downloaded or otherwise exported in violation of United States Law. COLLECTION EXPENSES If we have to file a lawsuit or go to court for any reason you will pay our reasonable expenses, including attorney's fees, if applicable and so deemed by that court of law or another court or governing body. GOVERNING LAW This Agreement is governed by and interpreted in accordance with all applicable federal laws and regulations of the United States of America and the laws of the State of Louisiana. |