Legal Notices and Terms of Use
Please read this disclaimer carefully, by making use of this site, you indicate your acceptance of the terms stated below. If you do not accept these terms, then do not use this site.
Not Legal Advice
This internet site (the “Site”) and the materials that it contains have been prepared by Mendes & Mount, LLP (the “Firm,” “Mendes & Mount” or “Mendes”) for informational purposes only. They do not constitute legal advice. Your use of this Site, including for the purpose of communicating electronically with our attorneys, does not create an attorney/client relationship between you and the Firm. Although efforts are made to keep the contents of the site current, it may not reflect the latest legal developments. The application of specific laws and legal principles will vary according to location and individual circumstances. Anyone viewing information contained in this Site should not act upon it without seeking professional counsel from an attorney authorized to practice in his or her jurisdiction.
This Site is not intended to constitute advertising under applicable laws and ethical rules. The Firm does not solicit anyone to seek representation based upon viewing this Site.
Access to the Site
The Firm may alter, suspend, or discontinue this Site at any time for any reason, without notice or cost. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
By using this Site, you agree to waive any claim you might otherwise have against the Firm that arises from your use of this Site or information provided by this Site. In addition, by using this Site you agree to indemnify, hold harmless and defend the Firm from any claims, damages, losses, liabilities and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that alleges injury, damage or harm in whole or in part arising from the provision by you of information from, or claimed to be from, this Site, or that in any way arises from your use of this Site or information provided by this Site in violation of these terms.
Intellectual Property
This Site and all the information it contains, or may in the future contain, including, but not limited to, articles, memoranda, bulletins, reports, press releases, opinions, text, directories, guides, photographs, illustrations, trademarks, trade names, service marks and logos (collectively, the “Content”), is the property of the Firm, its partners, members, and employees, and is protected from unauthorized copying and dissemination by U.S. Copyright law, trademark law, international conventions, and other intellectual property laws. Certain of the trademarks and logos displayed on the Site are owned by third parties. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any Content displayed on this Site, through the use of framing or otherwise, without the prior written permission of the Firm or such third party that may own the trademark or copyright of material displayed on this Site.
Subject to your full compliance with these terms, the Firm authorizes you to view the Content, make a single copy of it, and print that copy, but only for your own lawful, personal, noncommercial use, provided that you maintain all copyright, trademark and other intellectual property notices contained in such Content, and provided that the Content, or any part thereof, is not modified.
Disclaimer of Warranties
To the fullest extent permissible pursuant to applicable law, the Firm disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Specifically, but without limitation, the Firm does not warrant that: the information on this Site is correct, accurate or reliable; the functions contained on this Site will be uninterrupted or error-free; or defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components.
Response to Online Requests
From time to time, the Firm may offer to provide information or materials via email or otherwise to interested persons. The Firm reserves the right, in its absolute discretion, to reject any requests for such information or materials, or to discontinue the provision of such information or materials to any person, for any reason whatsoever.
Links to Other Sites
This Site may contain links to non-Firm sites. These links are provided to you only as a convenience. Such linked sites are not under the control of the Firm and the Firm is not responsible for the contents of any linked site, or any link contained in a linked site. The inclusion of any link does not imply endorsement by the Firm of the site, and the Firm shall have no responsibility for information which is referenced by or linked to this site.
Privacy Policy
With respect to information submitted or collected on the Mendes Site, you accept Mendes’ privacy policy as set forth herein, as well as the specific terms under our Privacy Policy. Because our Site permits individuals to submit email, we have developed this Privacy Policy to inform Site visitors of our policies and practices regarding such information.
Mendes is committed to ensuring that it acts in accordance with the applicable data protection and privacy laws when it collects and uses information provided to it or information about visitors to its Site. This Privacy Policy applies to your use of any of the Firm’s services, its Site, or as a result of your relationship with one or more of its clients, or to any information collected from third-parties. When you visit the Site, it may collect information you provide by completing forms on its Site or by collecting it via other means such as email, and it may also record details of visits made to the Site (e.g., your IP address and the resources accessed during your visit) or by using cookies (see the Firm’s cookie policy below). You may have the right to ask us to access and amend the personal information we hold about you. Please contact us for further information.
Activity Logging – Cookie Policy
When you use the Mendes Site, which may be hosted in part or in its entirety by a third-party, the Mendes Site will collect information indirectly and automatically (through the use of “cookies” or your “IP address”). The Firm uses this activity information for internal purposes such as to administer the Site, improve the Site, and help the Firm understand how the Site is being used, including demographics and “clickstreams” of its visitors. “Cookies” are small pieces of information stored on your hard drive, not the Mendes Site. An “IP address” is a number that is automatically assigned to your computer when you use the Internet. At some places on the Site, the use of a “cookie” may be offered. Most browsers now recognize when a “cookie” is offered, and permits the user to opt out of receiving it. If you are not sure whether your browser has this capability, you should check with the software manufacturer or your internet service provider. “Cookies” are used on the Firm Site to facilitate use of an area of the Site. We do not use “cookies” to collect and distribute information to third parties for marketing purposes.
Personally Identifiable Information
The Site is designed so that you may generally browse it without providing any personally identifiable information (“PII,” which may include information that would allow someone to identify or contact you, such as your name, physical or electronic mail address, or telephone number; PII does not include aggregated information that, by itself, does not permit the identification of individual persons). Certain areas of the Site, however, may require or allow the voluntary submission of PII (for example, registration for access to client only portions of the Site). Mendes uses your PII for the purpose for which it was submitted by you and for the Firm to send you publications and invitations that may be of interest to you. Except as set forth herein and in our Privacy Policy, the Firm does not share your PII with third-parties.
Mendes will use reasonable efforts to remove your PII from our current Site at any time upon your written request to webmaster@mendes.com. PII may remain in the Firm’s archival or back-up copies of the Site.
The Firm may share PII with third-parties, including entities performing services on behalf of the Firm. Such services may include communications, database, event management, hosting, mailing, and marketing services. The Firm may be legally obligated to disclose information to governmental authorities or other third-parties under certain circumstances; also, third-parties may circumvent the Firm’s security measures to unlawfully intercept or access transmissions of private communications; or, an error may occur in the administration of the Site. In the unlikely event that the Firm needs to investigate or resolve possible problems or inquiries, the Firm may, and you authorize the Firm to, disclose any information about you to governmental authorities as permitted by applicable law.
Electronic Correspondence to the Firm and Affiliated Servers
Opportunities to send email or to subscribe to email distribution lists through the Site are provided solely to let individuals send comments and communications to use and to request information from us, and they do not give rise to an attorney/client relationship. These messages are forwarded through the Site to the appropriate persons within the Firm so that they may respond to the questions or comments or provide the information requested, if they elect to do so, which is at their discretion. In the event that the Firm is requested to contact a visitor to this Site, contact information may also be used for purposes of making that communication. Any electronic communication between you and the Firm will not be privileged or confidential; may be disclosed to other persons; and may not be secure. Therefore, you should not send any email to the Firm that contains confidential or sensitive information. Further, all information submitted is the exclusive property of the Firm. The Firm is entitled to use any information submitted for any purpose, without restriction (except as stated in the Privacy Policy) or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to the Firm and accepts responsibility for its accuracy, appropriateness, and legality.
Enforcement of Terms and Conditions
These Terms are governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law.
All disputes arising out of or relating to these Terms shall be finally resolved by arbitration conducted in the English language in New York, New York, USA under the commercial arbitration rules of the American Arbitration Association. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, the Firm shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the Southern District of New York or any other court of competent jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The Firm may, at its sole discretion and without notice, revise these terms at any time by updating this posting.
Contacting the Firm
Please do not send any confidential information via e-mail through this website. Sending an e-mail to the Firm does not give rise to an attorney-client relationship and will not be deemed to disqualify the Firm from undertaking any engagement for a current or future client. Before any attorney-client engagement may be formed, the Firm will need to check for possible conflicts of interest, you will need to consider whether you wish to retain the Firm as counsel, and we will need to consider whether we wish to accept the potential engagement. In the meantime, the Firm reserves the right to represent parties with interests adverse to you.