These Terms and Conditions of Use apply to you when you view, access or otherwise use the web site located at www.franklinsimpson.com (the "Site"). The Site is owned by Franklin Simpson, P.C. ("Franklin Simpson"). We grant you a nonexclusive, nontransferable, limited right to access, use and display the Site and the materials provided hereon, provided that you comply fully with these Terms and Conditions of Use.

1. No Attorney Client Relationship. We provide this Site for general informational purposes only. Because Franklin Simpson is a law firm and some of the information on the Site relates to legal topics, no attorney client relationship is created between you and us when you use the Site. By using the Site, you agree that the information on this Site does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and Franklin Simpson. Do not consider the Site to be a substitute for obtaining legal advice from a qualified attorney licensed in your state. The information on the Site may be changed without notice and is not guaranteed to be complete, correct or up-to-date. While we try to revise the Site on a regular basis, it may not reflect the most current legal developments. The opinions expressed at or through the Site are the opinions of the individual author and may not reflect the opinions of the firm.

2. Privacy. Your use of the Site constitutes your consent to Franklin Simpson's privacy policy.

3. Copyright Notice. All materials and software published on or used on the Site are protected by copyright, and are owned or controlled by or licensed to Franklin Simpson, or the party listed as the provider of the materials or software. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL IS PROHIBITED. You may download any downloadable materials displayed on the Site only for personal, noncommercial and informational purposes, provided that the documents are not modified and provided you maintain and abide by all copyright, trademark and other notices contained in such material or if none, you include the following copyright notice in such downloaded materials:

© Copyright 2010 Franklin Simpson, P.C. All rights reserved. All use subject to Terms and Conditions of Use set forth here.

4. Commercial Use of Franklin Simpson Site Materials and Screen Shots. Reproduction, copying, or redistribution of materials on the Franklin Simpson Site for commercial purposes is prohibited without the express written permission of Franklin Simpson. Any use, reproduction, or distribution of material on this Site which constitutes the personal information, property, or photograph or other depiction of any particular Franklin Simpson attorney may also be subject to state and federal privacy and other laws requiring the specific written consent of the individual attorney. To obtain permission to copy portions of this site, please send email to info@franklinsimpson.com and provide the following information in the body of the email:

     •the content you wish to use;
     •where, when and how it will be used (for example, a seminar, newsletter or news article);
     •where and how copies will be distributed and to what audience;
     •how many copies will be produced and distributed;
     •what other materials will be associated with the Franklin Simpson content; and
     •your name, title, company, address, email address and phone number.

We will evaluate and respond to your request as soon as possible. Franklin Simpson reserves the right to refuse permission to copy, distribute, broadcast, or publish any of its copyrighted material, including text and images on our Site.

5. Use of Actors.  You acknowledge that some persons shown on this Site are actors depicting fictional events and the use of such person's image should not imply any association or relationship with Franklin Simpson. The use of a person's image does not imply an endorsement by such person.

6. Links to Other Sites and/or Materials. Links may appear on the Site that may be used to link to other sites. These links are provided solely as a courtesy to our site visitors. Franklin Simpson has no control over the linked sites or the materials, information, goods or services available or contained on these linked Sites. Franklin Simpson is not responsible for and does not endorse or warrant in any way any materials, information, goods or services available through such linked sites or any privacy or other practices of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. Franklin Simpson reserves the right to terminate any link at any time.

7. Prohibited Actions. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the Site for anything other than a lawful and legitimate purpose. You agree not to use the Site to carry out any unauthorized alteration of any data or information on the Site or to conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. The Site is not intended for use by anyone under the age of 19. We reserve the right to limit or deny your access to the Site or take other appropriate action if you violate any provision of these Terms and Conditions of Use or if you conduct any activity that violates the rights of any person or entity, or which we in our sole discretion deem unlawful, offensive, threatening, abusive or potentially harmful or malicious.

8. Modification of Terms and Conditions of Use. Franklin Simpson reserves the right to revise these Terms and Conditions of Use at any time by updating this posting. Your continued use of the Site constitutes your agreement to comply with such revisions, so you should visit this page from time to time.

9. Email May Not Be Used to Provide Notice. Communications made through the Site's email and messaging system shall in no way be deemed to constitute legal notice to Franklin Simpson or any of its officers, employees, agents or representatives, such as where notice to Franklin Simpson is required by contract, or any federal, state or local laws, rules or regulations.

10. Disclaimer; Limitation of Damages.
(a) Franklin Simpson expressly disclaims all liability for any viruses or other contamination of your computer system or other device used to access this Site as a result of your use of this Site, and expressly disclaims all liability for actions taken or not taken based on any or all of the contents of this Site. THE SITE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FRANKLIN SIMPSON MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE.

(b) USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.

11. Applicable Laws; Venue. Franklin Simpson operates the Site in the State of New York and makes no representations that materials in the Site are appropriate or available for use in other locations. The display of the Site alone does not subject Franklin Simpson to any specific jurisdiction. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations. You may not use or export any of the Site materials in violation of U.S. export laws and regulations. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of New York as applied to agreements made and to be performed entirely therein. Any action arising out of or related to the access, use, content, or existence of this Site shall be filed only in the appropriate state or federal court located within the State of New York. The access, viewing or use of this Site constitutes the user's express permission and consent to the jurisdiction of the state and/or federal courts of the State of New York for purposes of such actions.