Terms of Use

Welcome to https://bivens.plaintip.com/ (together with any related websites, the “Site”). The Site is owned and operated by Don Bivens, PLLC, and its affiliated companies (together - “Firm ”, "We"). Please read these Terms of Use (“Terms”) carefully before using the Site. By accessing or using the Site or any of the content on the Site you agree to be legally bound by these Terms, including but not limited to Firm's Privacy Policy, as amended from time to time. 

Do not use the Site if you do not agree to the Terms or if your jurisdiction will not honor them.

References to “you” mean the “user” individually, unless otherwise stated on the Site or in these Terms. You hereby represent that after reading and understanding these Terms, you agree to these Terms. Persons under 18 years of age are not authorized to use the Site.

You are responsible for violations of these Terms by anyone using the Site with your permission or using your account on an unauthorized basis. Your use of the Site to assist another person in an activity that would violate these Terms if performed by you is a violation of these Terms.

1. Terms of Use.
   These Terms do not govern the use of the platforms available via the Site and\or any other services provided by Firm only to registered users (the “Service”). If you are accessing or using the Service, then you are also subject to Firm 's other written contract as may be separately signed between you and Firm and govern the use of the Service.

2. Limited License.
   ‍The Site may contain HTML, applications, messages, texts, files, images, photos, videos, sounds, software, code, scripts, logos, trademarks and service marks, data and FAQs and other content of Firm or its licensors (“Content”). The Site is protected by copyright, trademark, trade secret and other laws; and as between you and Firm, Firm owns and retains all rights in the Site and the Content, and any and all related or underlying technology and any modifications, enhancements or derivative works of the foregoing. 
   Firm hereby grants to you a limited, revocable, non-sublicensable license to use the Site and the Services solely for your personal, non-commercial use, and subject to these Terms. Except as expressly permitted by Firm, you shall not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any Content.

3. Trademarks
   ‍The trademarks, logos and service marks, whether registered or not, displayed on the Site (“Marks”) are the property of Firm  or other third parties. You are not permitted to use these Marks without the prior written consent of Firm  or such third party.

4. Third-Party Services
   ‍The Site may make available, or third parties may provide, links to other websites, applications, resources, advertisements, content or other products or services created, hosted or made available by third parties (“Third-Party Services”), and such third parties may use other third parties to provide portions of the Third-Party Service to you. When you access or use a Third-Party Service, you are interacting only with the applicable third party, and you do so at your own risk. Firm  is not responsible for, and makes no warranties, express or implied, as to the Third-Party Services or the providers of such Third-Party Services, including, without limitation, the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices of any third party. Your right to use the Third-Party Services is subject to any applicable acknowledgement and license terms of the Third-Party Services providers.

5. Privacy Policy
   ‍Firm  will use any personal information that it may collect or obtain in connection with the Site in accordance with Firm 's Privacy Policy currently available at  _________________ (“Privacy Policy”). You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.

6. Use Restrictions
   ‍a. Your failure to comply with the provisions set forth in this Section 7, may result in the termination or suspension of your access to the Site (at Firm 's sole discretion) and may also expose you to civil and/or criminal liability.
   b. You agree not to, whether by yourself or anyone on your behalf,: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble the Site; (ii) use the Site in connection with any spam, unsolicited mail, harassment, wire fraud or similar conduct; (iii) interfere with or violate any other user or other third party’s right to privacy or other rights including intellectual property rights, or harvest or collect personally identifiable information about any users of the Site without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (iv) transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (v) interfere with or disrupt the operation of the Site, or the servers or networks that host the Site, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (vi) sell, license, or exploit for any commercial purposes any use of or access to the Site; (vii) frame or mirror any parts of the Site without Firm 's prior express written authorization; (viii) create a database by systematically downloading and storing all or any of the content from the Site; (ix) impersonate any person or entity or provide false or misleading personal information; and (x) use the Site for any illegal, immoral or unauthorized purpose; (xi) use the Site in violation of any governmental laws, rules, regulations or orders that are applicable to your use of the Site.

7. Acceptable Use.
   ‍Access to and use of password protected and/or secure areas of the Site are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site, or individuals/users attempting to access areas of the Site that they do not have rights of access to, may be subject to prosecution. You agree that you will not use the Site (a) in furtherance of or with intent to commit any fraudulent or other illegal activities, or otherwise in violation of any applicable law, regulation, legal agreement or Firm 's published policies; or (b) in a manner that is abusive of Firm 's programs or other information on the Site.

8. Indemnification
   ‍You agree to indemnify, defend and hold harmless Firm ,  its affiliates and their respective employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt or expenses (including without limitation attorneys’ fees) arising out of or related to any claim, suit, action or proceeding by a third party arising out of or relating to your use of the Site or breach of these Terms.  

9. Limitation of Liability
   Firm  assumes no responsibility for the accuracy of the information on the Site. Firm  may change all Content, functionality and Services mentioned on the Site at any time without notice, in its sole discretion. Mention of non-Firm  products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
   TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT SHALL FIRM , ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE SITE.  

10. Disclaimers
    THE SITE AND ALL CONTENT AND OTHER ITEMS MADE AVAILABLE BY FIRM  ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FIRM  ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES OR INACCURACIES OF DATA OR INFORMATION POSTED, DISPLAYED, PUBLISHED OR MADE AVAILABLE FOR USE OR DOWNLOAD ON THE SITE, (ii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, EVEN IF FIRM  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR USE OF THE SITE AND THE CONTENT, OR ANY PART THEREOF, IS MADE SOLELY AT YOUR OWN RISK AND RESPONSIBILITY.

11. Termination and Monitoring
    a. If you violate these Terms, Firm  may suspend or terminate your use of the Site. Firm 's right to suspend or terminate your use of Site applies even if a breach is committed unintentionally or without your authorization if Firm  believes that suspension or termination is necessary to ensure compliance with applicable laws or to protect the rights, safety, privacy, security or property of Firm , its customers or third parties.
    b. Firm  reserves the right, but does not assume the obligation, to investigate any violation of these Terms or misuse of the Site.  

12. Modifications
    Firm  may modify these Terms at any time by posting a revised version on the Site. By accessing the Site, you agree to the latest version of these Terms. IF YOU DO NOT WANT TO BE BOUND BY AN AMENDED VERSION, DO NOT USE THE SITE AND CEASE ALL USE OF THE CONTENT, ANY SERVICES OR ASSISTANCE.

13. Governing Law
    This Agreement will be exclusively interpreted, construed and enforced in all respects in accordance with the laws of the State of New York, without reference to its choice of law principles. Any legal action or proceeding arising under or relating to this Agreement shall be brought exclusively in the state or federal courts located in New York, New York, and and no other court anywhere else.

14. Miscellaneous
    In the event any information posted on the Site from time-to-time conflicts with any provision of these Terms, the applicable provision of these Terms shall prevail. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Firm . You may not assign, transfer or sublicense all or any of your rights or obligations under these Terms without Firm 's express prior written consent. Firm  may assign, transfer or sublicense all or any of Firm 's rights or obligations under these Terms without restriction. The failure of Firm  to exercise or enforce any condition, term or provision of these Terms will not operate as a waiver of such condition, term or provision. Any waiver by Firm  of any condition, term or provision of these Terms shall not be construed as a waiver of any other condition, term or provision. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms shall continue in full force and effect. Firm  will not be responsible for failures to fulfill any obligations due to causes beyond its control.
15. Contact
    Please contact Firm  at legal@Firm.ai with any questions regarding these Terms