Terms of Use

ULMER & BERNE LLP

WEBSITE TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

By visiting www.ulmer.com (the “Website”) you acknowledge and accept the following terms of use:

This document (the “Terms of Use”) details the terms of a legally enforceable agreement between you and ULMER & BERNE LLP, an Ohio limited liability partnership (“Ulmer” or the first-person plural pronouns). By visiting, accessing or using this Website you acknowledge that you have read and understood the Terms of Use and that, having read and understood the Terms of Use, you agree to be bound by the Terms of Use. You also agree to comply with all laws and regulations applicable to the use of the Website, to the use of the Internet, and to the activities involved in using this Website.

If you do not agree with the Terms of Use, then do not use this Website.

Situs:

This Website is controlled by Ulmer from its offices within the State of Ohio. Visitors who choose to visit this Website from Ohio or from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with all applicable federal, state, local and foreign laws, rules and regulations in connection with their use of this Website, except as otherwise provided herein.

Venue and Jurisdiction:

Claims arising from or related to this Website, to the use of this Website, and to the information, content, material, and services available through this Website are governed by the laws of the State of Ohio. By visiting, accessing, or using this Website, you unconditionally, voluntarily, and irrevocably consent to submit to the exclusive jurisdiction and venue of the state and federal courts located in Ohio with respect to any claims arising from or related to this Website, your use of this Website, and any information received through this Website. You agree not to plead forum non conveniens in any such action. You consent to service of process.

Privacy:

To know what privacy measures Ulmer has taken and what information we retain from your visit to Ulmer’s Website, please read our Website Privacy Policy which we incorporate in these Terms of Use by reference.

Change of Terms:

We may change the Terms of Use at any time without notice. Your visits to or use of this Website after the Terms of Use are changed indicate your acceptance of the new Terms of Use. If you do not agree with the new Terms of Use, then please discontinue your use of this Website.

Alteration of Site:

Ulmer may change, suspend or discontinue any feature, aspect, product or service available at or through this Website at any time. Ulmer may alter the availability of any feature of this Website, or of any service related to any feature of this Website, at any time. Ulmer may add, remove or modify any content of this Website, including that of third parties, at any time.

Limitation on Usage:

Ulmer may limit your access to any part of this Website without notice to you. Ulmer may terminate your use of this Website at any time.

Visitor On-line Conduct:

You agree to use this Website only for lawful purposes.

You agree to use this Website only for its intended purposes.

You agree not to disrupt this Website. You agree not to interfere with or compromise the security of this Website, or any computer, server, account, network, data, software or hardware associated with this Website.

You agree not to disrupt or interfere with any other visitor’s use of this Website. You agree not to attempt to obtain access to any portion of this Website, any computer, server, account, network, software or hardware associated with the Website, from which you are restricted.

You agree that you are solely responsible for any actions you undertake while visiting this Website and that you will comply with all applicable local, state, federal and foreign laws, rules and regulations applicable to this Website and the Internet, including United States copyright law and export statutes and regulations.

You warrant that all information you provide to gain access to the services provided by this Website is accurate and truthful.

Ulmer reserves the right to prohibit any conduct involving this Website that it deems to be inappropriate or illegal.

Links to and from Other Web Pages:

You may gain access to other websites via links on this Website. These Terms of Use apply to Ulmer’s Website and do not apply to other parties’ websites. Similarly, you may have come to this Website via a link from another website. The terms of use of other websites do not apply to this Website. Only these Terms of Use apply to this Website. Ulmer assumes no responsibility for any terms of use or material outside this Website accessed via any link.

We do not intend the links to third-party websites or information as constituting or implying Ulmer’s endorsement, sponsorship or recommendation of the third party information, or products or services found there, and you should not interpret those links as such.

All information, content and material made available by Ulmer at or through this Website, including, without limitation, any computer code, design, text, drawings, photographs, graphics, sound recordings, and video recordings as well as any copyrights, trademarks, patents or other intellectual property or proprietary rights comprising the Website or any component or element of the Website (collectively, the “Content”) is owned by or licensed to Ulmer. The compilation of the Content on this Website is the exclusive property of Ulmer or its licensors or both, and is protected by U.S. and international copyright law.

Ulmer and its licensors retain all rights in the Content of this Website. The Content may not be modified, copied, distributed, downloaded, displayed, e-mailed, transmitted, performed or sold in any form or by any means, in whole or in part, without the prior written consent of the respective owner thereof.

Ulmer grants you permission to display and print the Content of this Website (other than the computer code comprising this Website) for your personal, non-commercial use only; provided, that, even if you display or print the Content of this Website as permitted hereunder, you may not modify, reproduce, transmit, distribute, publicly display or perform, or create derivative works from that Content and you must retain all copyright and other proprietary notices contained in or on the Content.

The Content may not be used in connection with any service or information that is not Ulmer’s or in any manner that is likely to confuse consumers as to the source or authorship of the Content or that disparages Ulmer. The rights granted herein terminate automatically if you breach these Terms of Use. Upon termination of these rights, you must destroy any Content you displayed or printed, at once.

“Ulmer & Berne”, “Ulmer” and “Our Business Begins With You” are each a registered trademark of Ulmer. Other marks used on the Website are trademarks, trade names, service marks, or other intellectual property of Ulmer and may not be used, copied or imitated without the prior written consent of Ulmer.

Digital Millennium Copyright Act, Transmission of Third Party Content:

You may not upload, post or otherwise distribute on this Website anything protected by copyright or other proprietary rights unless the owner of the applicable copyright or proprietary right has given you express authorization for such uploading, posting or distribution on the web.

The unauthorized use, uploading, posting, or distribution of Content protected by copyright or otherwise is illegal and subjects the unauthorized user to civil penalties and criminal prosecution.

Ulmer, its affiliates, partners, officers, employees, agents or any such similarly situated persons or entities are not liable for damages resulting from any infringement resulting from your actions involving copyright or other intellectual-property rights.

Ulmer, pursuant to the federal Digital Millennium Copyright Act, designates Michael A. Marrero to receive complaints and notices of suspected copyright infringements. If you believe that your work has been copied and is accessible on Ulmer’s Website in a way that constitutes infringement, you may notify Ulmer by providing Michael A. Marrero with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
Identification of the URL or other specific location on Ulmer’s Website where the material that you claim is infringing is located;
Your address, telephone number and e-mail address;
Your representation that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
Your representation, under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright or are authorized to act on the owner’s behalf.

You may reach Michael A. Marrero by e-mail at mmarrero@ulmer.com, or by regular mail at 312 Walnut Street, Suite 1400, Cincinnati, Ohio 45202, or by phone at: 513-698-5078.

You are prohibited from uploading, posting or otherwise distributing on this Website any unlawful, threatening, obscene, pornographic, intimidating, libelous, defamatory or slanderous comments, jokes, images or content that are intended or likely to offend a reasonable person on the basis of his or her age, physical or mental disability, gender, race, religion, national origin, physical attributes, sexual preference, or any other classification that could produce any civil or criminal liability for either yourself or for Ulmer, its affiliates, employees, agents or any such similarly situated persons or entities.

Ownership of Third Party Content:

Ulmer may display Content supplied by visitors and other third parties on its website. Ulmer maintains no editorial control over this Content. The Content supplied by visitors and other third parties belongs to the respective owners of that Content.

ULMER, ITS AFFILIATES, PARTNERS, EMPLOYEES, AGENTS AND ANY SUCH SIMILARLY SITUATED PERSONS OR ENTITIES (“WE”) DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES, NOR DO THEY WARRANT THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.

WE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY LOSS, DAMAGE OR HARM TO PROPERTY OR PERSON CAUSED BY YOUR OR ANYONE ELSE’S RELIANCE ON CONTENT AVAILABLE ON THIS WEBSITE THAT IS THE PROPERTY OF VISITORS OR THIRD PARTIES. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND ACTING ON ANY CONTENT AVAILABLE ON THIS WEBSITE.

Disclaimers:

THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF THIS WEBSITE, THE CONTENT, INFORMATION, AND/OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE.

YOU AGREE TO VISIT THIS WEBSITE SOLELY AT YOUR OWN RISK. YOU AGREE THAT YOUR USE OF THIS WEBSITE, AND OF ANY CONTENT, INFORMATION OR SERVICES AVAILABLE THROUGH THIS WEBSITE, IS SOLELY AT YOUR OWN RISK.

WE DO NOT WARRANT THAT THIS WEBSITE WILL BE AVAILABLE AT ALL TIMES OR THAT A VISITOR’S USE WILL BE UNINTERRUPTED OR ERROR-FREE.

WE DO NOT MAKE ANY WARRANTIES THAT THE CONTENT, INFORMATION OR SERVICES AVAILABLE THROUGH THIS WEBSITE ARE ACCURATE, RELIABLE, OR CURRENT.

WE DISCLAIM, TO THE MAXIMUM EXTENT PERMISSIBLE, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT.

Limitation of Liability:

NEITHER WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING OR UPDATING THIS WEBSITE, SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM HARM INCLUDING, BUT NOT LIMITED TO INJURY TO PROPERTY OR PERSON, MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, OR DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE, RESULTING FROM ACTS INCLUDING BUT NOT LIMITED TO ACTS OUTSIDE OF OUR CONTROL, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, INTERNET FAILURE, UNAUTHORIZED ACCESS, ULMER’S NEGLIGENCE OR YOUR OWN ERRORS OR OMISSIONS AND ANY OTHER CAUSE, EVEN IF ULMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH THIS WEBSITE.

IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGES IS PROHIBITED, ULMER’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION.

No Joint Venture:

These Terms of Use provide only for the use of this Website. These Terms of Use shall not be construed as a partnership, joint venture, or any other such arrangement, unless the parties execute a written agreement to that effect.

Indemnity:

You agree to indemnify, defend and hold harmless Ulmer, its affiliates and their officers, partners, employees, agents, representatives, successors and assigns from and against, any claims, causes of action, damages, liabilities, losses, costs, or expenses (collectively, “Losses”) that Ulmer incurs or may incur arising from, resulting from, or arising in connection with: (i) your breach of these Terms of Use; (ii) your use of this Website or your use of the Content; (iii) personal injury or tangible and intangible property damage, casualty or loss suffered or incurred by Ulmer in connection with your use of the Website (including loss of data) or Content or other information services available by or through your use of the Website or Content (including damage, casualty or loss arising from the malicious acts of third parties which could have been prevented or avoided by you using reasonable protective means); and (iv) your acts and omissions in connection with your use of the Website or Content. You also agree to indemnify, defend and hold harmless Ulmer from and against any Losses that Ulmer incurs or may incur arising from, resulting from, or arising in connection with your providing to Ulmer inaccurate or untruthful information via the Website whether to gain access to any products or services provided through this Website or otherwise.

Severability:

If any provision of these Terms of Use is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of these Terms of Use.

Integration Clause:

You hereby acknowledge that these Terms of Use, the Privacy Policy and all other documents referenced herein represent the entire agreement between you and Ulmer concerning your use of this Website, the Content, and all other information and services available on this Website. These Terms of Use may not be modified by oral statements by any partner, employee, agent, or representative of Ulmer.

Headings of the Terms of Use:

The section headings used in these Terms of Use are only for reference and for the convenience the readers and shall not constitute part of the Terms of Use for interpretation purposes.

Acceptance of these Terms of Use:

By using this website, you agree to the terms as well as any posted changes of these Terms of Use. If you do not agree to these Terms of Use, DO NOT use our website.

Date of last update: January 2022