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Terms and Conditions

Welcome to Marlene Shiner Family Law and Mediation’s (“Marlene Shiner’s”) website. These Terms and Conditions (“Terms”) govern your use of Marlene Shiner’s (“our”) website (“Website”). Please read the terms in full before using our Website. By accepting these Terms, or by using the Website, you agree to be legally bound by these Terms, our Privacy Policy, and any other underlying agreements or terms. If you do not agree to these terms, please do not use our Website. We reserve the right to modify these Terms at any time without prior notice, and your use of our Website binds you to the changes made. We do occasionally update these terms so please refer to them in the future.

Access to Website

You will be able to access our Website without having to register any details with us.

Use of Website

Our Website, images, data, text, audios, videos, photographs, custom graphics, logos, button icons, descriptions and all other material provided and the collection and compilation and assembly thereof are the exclusive property of Marlene Shiner Family Law and Mediation, and are protected by U.S. and international copyright laws.

The contents of our Website may be used for informational purposes only. Any other use of such contents, including the reproduction, modification, distribution, transmission, republication, display or performance of the contents without our prior written consent is expressly forbidden.

Any other trademarks or service marks appearing anywhere on our Website are the property of their respective owners. To the extent any product name or logo does not appear with a trademark (™) does not constitute a waiver of any and all intellectual property rights that Marlene Shiner has established in any of her products, features, or service names or logos.

You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any content of this Website for commercial profit or gain. Nothing in these Terms or on our Website shall be construed as conferring any intellectual property or other proprietary rights to you. You agree to observe copyright and other applicable laws and may not use the content in any manner that infringes or violates the rights of any person or entity. Marlene Shiner Family Law and Mediation holds all rights to the content on this Website.

As a condition of your use of our Website, you will not use our Website, or any contents or services, for any purpose that is unlawful in any applicable jurisdiction where our Website is being used, or prohibited by these terms, conditions, and notices, and you agree to abide by the terms and conditions set forth in the “User Conduct” section. You may not use our Website contents or services in any manner that could damage, disable, overburden, or impair any of our equipment or interfere with any other party’s use and enjoyment of our Website, or any contents or services. You may not attempt to gain access to any portion of our Website, or any of its contents or services, other than those for which you are authorized.

While every effort is made for the timeliness and accuracy of our Website content and services, we make no warranties either express or implied, and assume no liability or responsibility for the completeness, use, accuracy, reliability, correctness, timeliness or usefulness, of any of the results obtained from its use.

We make no representation or warranty, express or implied, with respect to the content of our Website, or links to other websites, including but not limited to accurateness, completeness, correctness, timeliness or reliability. We make no representation or warranty regarding the merchantability or fitness for a particular purpose or use with respect to any content or services whatsoever that may be accessed through this Website, or the results to be obtained from using our Website. We make no representation or warranty that our Website or content is free from defects or viruses. Your use of external links and third-party websites is at your own risk and subject to the terms and conditions of use for such links and websites.

While every effort is made so that all content provided on our Website does not contain viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for viruses or otherwise protect your computer or device, and you should have a complete and current backup of the applicable items on your computer or device. We disclaim any liability for the need for services or replacing equipment or data resulting from your use of our Website. While every effort is made for smooth and continuous operation, we do not warrant our Website will operate error free.

By submitting a telephone number to our Website you agree that a representative of The Law Office of Attorney Marlene Shiner can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message. Your consent is not an obligation to receive any of our services.

Website Uptime

We take all reasonable steps so that our Website is available 24 hours every day, 365 days per year. However, websites occasionally encounter downtime due to technical issues. Therefore, we will not be liable if this Website is unavailable at any time.

Our Website may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give our users advance warning of maintenance issues, but shall not be obliged to do so.

User Conduct

When using our Website, you shall not post or send to or from either our Website:

(a) content for which you have not obtained all necessary consents;

(b) content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where the Website is being used;

(c) content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our Website in breach of the this Section.

Links to and From Third Party Websites

There may be links to third-party websites are not under our control and we disclaim any responsibility for the contents of such linked websites or any link(s) contained in any such linked website(s) or any changes or updates to any of these websites. We further disclaim any responsibility for any form of transmission received from any linked third party website or advertising. We provide these links to you as a convenience to you and inclusion of any link herein shall in no way be construed as an endorsement by us of the website(s).

If you choose to link our Website in breach of this Section, you shall fully indemnify us for any loss or damage suffered as a result of your actions.

Disclaimers

Information presented on the Law Office of Marlene Shiner’s website is intended for information purposes only. It is not intended as professional advice and should not be construed as such.

The material presented on this website is included with the understanding and agreement that Marlene Shiner Family Law and Mediation is not engaged in rendering legal or other professional services by posting said material.

Any unauthorized use of material contained herein is at the user’s own risk. Transmission of the information and material herein is not intended to create, and receipt does not constitute, an agreement to create an attorney-client relationship with Marlene Shiner Family Law and Mediation or any member thereof.

This website is not intended to be advertising and Marlene Shiner Family Law and Mediation does not wish to represent anyone desiring representation based upon viewing this website in any state or jurisdiction where this website fails to comply with all laws and ethical rules.

Please note that by submitting information or emailing our office, an attorney-client representation is not created. Do not provide any confidential information related to your matter. There can be no expectation of confidentiality. Your communication with our office will not prevent our law firm from representing adverse parties in a related matter. We will review the information provided and respond, if appropriate. If we do not respond within seven days, the matter should be considered declined, and you should seek another attorney or law firm as soon as possible.

Limitation of Liability

YOUR USE OF OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE OR THE SERVICES AND/OR PRODUCTS, OR YOUR RELIANCE ON OR USE OF THE WEBSITE, THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

Indemnification

You agree to defend, indemnify, and hold us, our officers, directors, employees, volunteers, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the Website or your violation of these Terms or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you

Applicable Law

We make no representations that the content or the Website is appropriate or may be used or downloaded outside the United States. Access to the Website and/or the content may not be legal in certain countries outside the United States. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Website.

Our Website is created and controlled by the State of Massachusetts, United States of America. The Website, and its contents, and any disputes arising therefrom shall be construed and interpreted under the laws of the State of Massachusetts, and applicable United States federal laws. Use of our Website constitutes agreement of the user to the jurisdiction of the state and federal courts located therein.

General

These Terms, together with the Privacy Statement, other terms or legal notices published by us on the Website, and any other applicable agreements, shall constitute the entire agreement between us concerning use of the Website. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Our Contact Information

Marlene Shiner Family Law and Mediation

93 Union Street, Suite 406

Newton, MA 02459

617-875-2842

[email protected]

Effective Date: December 12, 2022