Terms and Conditions of Use

DISCLAIMER AND TERMS OF USE PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING ANY WEBPAGES IN THIS BLOG.

Acknowledgement: You are acknowledging and assenting to these conditions of use by accessing or using this blog. If you do not agree to the terms and conditions of use, please do not use this website. As the author of this blog, I reserve the right to revise the terms of use at any time by updating this posting, and your use afterwards signifies your acceptance of the changed terms. Please check these terms of use periodically for changes.

Views of the Author: This blog is published by and reflects my personal views, in my individual capacity. It does not necessarily represent the views of my law firm (Ulmer & Berne LLP), or any of the firm's clients, and is not sponsored or endorsed by any law firm or client. This blog is intended to disseminate my personal views of various issues that arise in the context of product liability litigation and related topics. No representation is made about the accuracy of the information, which solely constitutes my personal view on the issues. The information contained in this blog is provided only as general information and personal opinions, and blog topics may or may not be updated after being initially posted. From time to time I may provide certain links or references to other sites that I think may be useful or of interest to you. I do not control, endorse, promote or have any affiliation with any other site unless expressly stated herein or on such site. I, therefore, have no responsibility for the content, accuracy, or any other aspect of the information contained on linked sites. You agree that I will not be liable for any damages or injury arising from your access to those sites or content.

Ownership Rights: Downloading of any information, content or images from this website does not transfer any right or ownership of that information, content or images to you, and the information, content or images may be used solely in accordance with these terms of use. You may not mirror or archive any part of this site or any material contained on this site on any server or computer without my prior written permission. The content of this site is owned or controlled by me and is protected under applicable copyright and trademark laws. All copyright and other proprietary notices contained in downloadable materials must be retained.

No License: No content on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of mine or any third party, whether by estoppel, implication, or otherwise. All trademarks, logos, and service marks are the property of their respective owners, and are protected in the United States and internationally. Your use or misuse of those trademarks or any other materials is expressly prohibited and may be in violation of the laws of copyright, trademark, privacy, publicity, slander, libel, and communications.

No Attorney-Client Privilege: By using this blog you understand and agree that no information is being provided in the context of any attorney-client relationship and that it is not intended to constitute legal advice. This blog is solely informational in nature, not intended as a substitute for competent legal advice from a licensed and retained attorney in your state, and should not be so used. You should not rely upon the legal accuracy or validity of any of the information posted on this blog, as it constitutes my private opinions only. To make informed legal decisions, you should always consult with your own lawyer for your personal legal needs.

Not Attorney Advertising: This blog is not intended to be attorney advertising, but rather contains my constitutionally protected legal, political, and social views. No content on this blog should be interpreted as an advertisement of any sort that is not authorized by the laws and regulations of the state or country where you are located. I do not wish to represent anyone desiring representation based upon viewing this blog site in any state or country where to do so would fail to comply with any laws or ethical rules of that state or country.

NO REPRESENTATIONS OR WARRANTIES: I MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE TIMELINESS, AVAILABILITY, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONTAINED IN THIS SITE. LIKE ANY PRINTED MATERIALS, THE INFORMATION PROVIDED IN THIS SITE MAY BECOME OUTDATED OVER TIME. I UNDERTAKE NO OBLIGATION TO CORRECT OR UPDATE ANY CONTENT OR INFORMATION ON THIS SITE. I MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AND INFORMATION AT ANY TIME WITHOUT NOTICE, AND RESERVE THE RIGHT TO ALTER OR DELETE CONTENT AND INFORMATION ON THE SITE AT ANY TIME. ALL INFORMATION ON THIS SITE IS PROVIDED “AS IS,” WITHOUT ANY WARRANTIES OF ANY SORT WHATSOEVER, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. NEITHER I, MY FIRM, NOR ANYONE ELSE WILL BE LIABLE FOR YOUR USE OF OR RELIANCE ON INFORMATION CONTAINED ON THIS SITE UNDER ANY CIRCUMSTANCES, INCLUDING NEGLIGENCE. NEITHER SHALL I, MY FIRM, OR ANYONE ELSE BE LIABLE FOR ANY INJURY OR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES ARISING OUT OF ACCESS TO, USE OF, OR INABILITY TO USE THE CONTENT OR MATERIALS ON THIS WEBSITE, EVEN IF I AM INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU, BUT IN NO EVENT SHALL ANY LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM OR RELATED TO THIS WEBSITE (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY FOR ACCESSING THIS WEBSITE.

Happy to Hear From You: I am pleased to hear from any persons who access this website. Anything you disclose or offer to me by or through this website, however, including e-mails, shall be deemed and shall remain my property. Anything disclosed or offered to me is provided on a non-confidential basis with no obligation on my part to keep such information secret. Providing information does not create an attorney-client relationship between you and me. By uploading or otherwise providing any information to me, whether through this website or otherwise, you hereby grant me, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works for any purpose and in any media without compensation, and you warrant that all “moral rights” in uploaded materials have been waived.

Copyright 2008 Brad Kaplan