Introduction
Welcome to the website of Williams Weese Pepple & Ferguson (“WWPF,” “we,” or “us”). Please review these Terms of Use, as well as our Privacy Policy prior to further use of our site. By accessing or using any portion of this site in any manner, you are agreeing to be bound by these Terms of Use, as well as our Privacy Policy which is incorporated in these Terms of Use by reference. If you do not agree to these Terms of Use, you may not use this site.
These Terms of Use may be updated or revised from time to time. We may do so, at any time, by posting the revised version on this site, which you agree will constitute sufficient notice to you of the modifications. However, to the extent that we are legally required to provide more prominent notice via email or otherwise, we will provide notice in the applicable manner required by law. We suggest that you review these Terms of Use periodically for any changes.
Content of this Website is Not Legal Advice
The information on this site is provided for general informational purposes only, and not for the purpose of providing legal or tax advice or opinions regarding any specific facts or circumstances. We recommend that you seek the specific advice of legal counsel prior to acting (or refraining from acting) on any matter discussed in, or materials provided on, this site. Information contained on this site may not reflect the most current legal developments and is not guaranteed to be accurate or complete, but is provided as general information only.
No Attorney-Client Relationship Formed Through This Website
Sending us information through this site or by e-mail, or your use of this site in any manner, will not create an attorney-client relationship between you and WWPF or any of its attorneys. Please do not send us any sensitive or confidential information, or other information relating to a legal matter, without entering into a signed engagement letter with our firm. Unsolicited e-mails are not binding on this firm and cannot impose deadlines or create any obligations on the part of WWPFor our attorneys.
Unless and until we have agreed to represent you (as indicated by our signed engagement letter), any information or materials you send will not be considered confidential or privileged and may be disclosed to other parties. Unless and until you become a client of WWPF, we reserve the right to represent a party adverse to you, even if the information you sent to us could be used against you in a matter, and even if you submitted it in a good faith effort to retain us.
No Tax Reliance
Without in any way limiting any other disclaimers in these Terms of Use, to the extent that any Content (as defined below) on this site relates to tax matters, such Content is not intended or written to be used, and cannot be used, by any taxpayer for the purposes of: (1) avoiding penalties that may be imposed by the Internal Revenue Service; or (2) promoting, marketing or recommending to another party any tax-related matter addressed on this site.
Advertising
In some jurisdictions, this site may be considered advertising. The hiring of a lawyer is an important decision that should not be based solely upon written information about qualifications and experience. We do not desire to represent clients based upon their review of any portions of this site that do not comply with applicable legal or ethical requirements in that client’s jurisdiction. The Content (as defined below) on our site is provided only for informational purposes, and past results do not constitute a guarantee of the same outcome for any similar matter or client.
Ownership of Website, Contents and Trademarks
All of the content of this site, including but not limited to, all text, photographs, images, graphics, design and other materials provided on or through this site, and the software and code that comprise and operate this site (collectively “Content”), is owned by WWPFor its third party licensors. Except as provided below, none of the Content may be copied, reproduced, distributed, downloaded, displayed or transmitted in any form or by any means without the prior written permission of WWPF or the third-party owner (as applicable).
We hereby grant you a limited, revocable license to download and print copies of any portion of the Content displayed on this site for personal, non-commercial use solely within your own organization, provided that you do not: (a) remove, modify or obscure any copyright, trademark or other proprietary notices; (b) modify or produce derivative works from the Content; (c) state or infer an affiliation with WWPF; or (d) remove any links to the original Content on our site. These licenses are subject to these Terms of Use, and are revocable at any time without notice and with or without cause. Nothing in these Terms of Use shall be construed as transferring any right, title or interest in this site or its Content to you or anyone else, except the limited licenses expressly set forth in these Terms of Use.
This site contains registered and unregistered trademarks and service marks of WWPFand third parties. You may not use or display any trademarks or service marks displayed on this site without the prior written consent of us or such third-party owners (as applicable).
Third Party Content and Links
This site may contain Content provided by third parties and links to sites maintained by third parties. We have included these links for your convenience only, and we do not control them. We do not endorse any third parties who have provided Content on our site or to whom we may offer links from our site, and we do not intend to infer any affiliation or association with such third parties. We do not assume any responsibility or liability for the information, products and services provided in any third party Content on our site or links available on or through any third party sites. If you access a third-party site through this site, you do so at your own risk, and such use will be subject to the terms and policies of that site.
Notice of Claimed Copyright Infringement
In the event that you find Content posted on this site which you believe to be an infringement of the copyright ownership or other intellectual property rights of you or any third party, you are requested to immediately contact our Copyright Agent as described below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information pursuant to the Digital Millennium Copyright Act (“DMCA”):
- your name, address, telephone number and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
- a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
- a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
- if your claim is based on a registered work, the registration number and the date of issuance of the registration;
- a description of the infringing material and the URL where such material is located on our site, or a description of where on our site you found such material;
- your written statement that you believe, in good faith, that the use of the work on our site has not been authorized by the true owner of the work, its agent, or as a matter of law; and
- a statement that all of the information you have provided is true.
Please send your notice of alleged infringement to our copyright agent by email to info@williamsweese.com (subject “Notice of Infringement”) or by mail to:
Copyright Agent
Williams Weese Pepple & Ferguson
1801 California St. #3400
Denver, CO 80202.
In accordance with the DMCA, it is our policy to terminate use of our site by repeat infringers in appropriate circumstances.
Indemnification
You hereby agree to indemnify, defend and hold harmless WWPFand its directors and employees (collectively “WWPFParties”) from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of or relating to (a) any Content you have submitted or posted to our site, (b) your use of our site in any manner, and (c) any actions you have taken or refrained from taking due in whole or part to your use of our site or Content you have viewed on the site, including without limitation your actual or alleged violation of these Terms of Use.
DISCLAIMER OF ALL WARRANTIES
THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. YOUR USE OF OR RELIANCE ON ANY CONTENT AVAILABLE ON THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WWPFDISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND UNINTERRUPTED OR ERROR FREE OPERATION, WITH REGARD TO THIS WEBSITE AND ALL CONTENT FEATURED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, WWPF SPECIFICALLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, THAT: (1) THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE OR UP-TO-DATE; (2) THE WEBSITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (3) THE FUNCTIONS ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; AND (4) DEFECTS WILL BE CORRECTED.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY THE LAW AND RULES OF PROFESSIONAL RESPONSIBILITY IN THE APPLICABLE JURISDICTION, UNDER NO CIRCUMSTANCES WILL ANY WWPF PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR LOSSES ARISING FROM OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THIS WEBSITE OR ITS INFORMATION, OR ANY ACTION YOU MAY CHOOSE TO TAKE OR TO REFRAIN FROM TAKING AS A RESULT OF YOUR USE OF THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES AND LOSSES OF ANY KIND (DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHERWISE), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANOTHER LEGAL THEORY, EVEN IF WWPF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF ANY OF THE WWPF PARTIES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THIS WEBSITE EXCEED $10.
Modification and Discontinuation of Website
We may change, suspend, or discontinue this site, or any Content or feature on it at any time with or without notice.
Miscellaneous Terms
These Terms of Use shall be governed under the laws of the State of Colorado without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction and venue of the state or federal courts located in Denver, Colorado. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.
Any failure by WWPF to exercise its rights under these Terms of Use or to enforce the terms hereof shall not constitute a waiver of those rights. If any term of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court in any event should try to give effect to the parties’ intentions as reflected in the provision, and that all of the other provisions of these Terms of Use shall remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this site or relating to these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.
Questions, Assistance and Information
If you have questions about these Terms of Use or any other matter related to this site or the services of WWPF, please contact us at info@williamsweese.com.