Brad S. Jolly & Associates, LLC'
Web Site Terms & Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.
The following notices, terms, conditions, and policies ("Terms") govern the use of all World Wide Web Site(s) ("Site") owned, operated, and/or provided by Brad S. Jolly & Associates, LLC, including all subdomains of bsjlawfirm.com. All information and services on the Site are provided pursuant to the following terms and conditions. By checking the "I agree" box, signing up or establishing an account, or by accessing and/or using the Site, you agree to be bound by the terms and conditions set forth herein. These Terms may be modified from time to time. The date of the most recent revisions will appear on this page. By continuing to use the Site, including maintaining any user or other account, you accept any changes or revisions to these Terms. All users are responsible for regularly reviewing these Terms to determine the most current obligations, responsibilities, and requirements. In addition, when using particular bsjlawfirm.com services, you are subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including, but not limited to, Bsjlawfirm.com's Privacy Policy) are hereby incorporated by reference into these Terms. Bsjlawfirm.com may also offer other services that are governed by different and/or additional terms and conditions.
- Acceptance of Terms. These Terms constitute a binding agreement between you and Brad S. Jolly & Associates, LLC and govern your use of the Site and the content, products and services offered through the Site. By accessing, viewing or using the Site or any part thereof, you represent and warrant that you are able to legally consent to these Terms in the jurisdiction in which you live or reside, and you agree to be bound by and subject to these Terms. If you do not agree to these Terms, you should not check or click on, or otherwise agree to, these Terms, and you should immediately leave this page and not access or use the Site or any part of the Site. Upon our request, you agree to sign a non-electronic version of these Terms.
- Legal Information. The Site, including articles and all information provided, is for informational purposes only. The purpose of the Site is to provide information about our qualifications and experience. The information provided on this site does not, and is not intended to, constitute legal advice or purport to determine the application of law to particular circumstances. Any prior results described on this website do not guarantee a similar outcome. The jurisdictions in which our attorneys are licensed to practice are indicated on the about us page of the Site. Users of the Site should not take, or refrain from taking, any action based on any information contained on the Site without first consulting legal counsel. The Site does not and shall not be construed as creating any attorney-client relationship between Brad S. Jolly & Associates, LLC or any of its attorneys and the User.
- Authorization of Use. Any person is authorized to view the information, images, texts, documents, and other content posted on the Site for informational purposes only. Bsjlawfirm.com may modify the terms and conditions of use of the Site at any time, without prior notice, and such modifications shall become effective upon posting on the Site. bsjlawfirm.com reserves the right to restrict access to the Site or the contents contained therein for any reason and subject to any conditions it desires. All users are responsible to review regularly the contents of these Terms to determine the terms and conditions contained herein.
- Modifications to Site Services. Bsjlawfirm.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that bsjlawfirm.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any part thereof.
- Laws and Regulations. Access to and use of the Site are subject to all applicable international, federal, tribal, state and local laws and regulations. User agrees to abide by any and all such laws and regulations and to not use the Site in any way that violates such laws or regulations or in any other illegal manner.
- Copyrights and Trademarks. Except where otherwise provided, the information available on or through the Site is the property of Brad S. Jolly & Associates, LLC, or its licensors, and is protected by copyright, trademark, and other international, federal, state, and local intellectual property laws. You may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works, or otherwise use any information available on or through the Site for commercial or public purposes. Information and/or works from third parties available on or through the Site are or may be the property of such third parties or others. Brad S. Jolly & Associates, LLC makes no claim to such information or works and such third parties or others retain all rights, interest, and title to such information and/or works. The names, logos and taglines identifying Brad S. Jolly & Associates, LLC's products and services are proprietary marks of Brad S. Jolly & Associates, LLC and/or its subsidiaries and/or affiliates. Other trademarks appearing on the Site may be owned by unaffiliated entities. You may not use the trademarks, logos, and/or service marks on the Site ("Marks")for any purpose including, but not limited to, use as "hot links" or meta tags in other pages or sites on the Internet without the express written permission of Brad S. Jolly & Associates, LLC or such third party that may own the Mark. If you have questions concerning trademark ownership, usage, or infringement, please review our DMCA page.
- Tampering. You agree not to modify, move, add to, delete or otherwise tamper with the information contained in the Site. You also agree not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Site.
- Third Party Information. Although Brad S. Jolly & Associates, LLC monitors the information on the Site, some of the information may be supplied by independent third parties. While Brad S. Jolly & Associates, LLC makes every effort to ensure the accuracy of all information on the Site, Brad S. Jolly & Associates, LLC makes no warranty as to the accuracy of any such information.
- Links to Third Party Sites. The Site may contain links that allow you to access third party web sites that are not under the control of Brad S. Jolly & Associates, LLC. The links are only provided as a convenience and for information. Brad S. Jolly & Associates, LLC does does not control and is not responsible for the content appearing on these sites. Brad S. Jolly & Associates, LLC does not endorse any of these sites. Brad S. Jolly & Associates, LLC assumes no responsibility or liability for any material that may accessed on other web sites reached through the Site, nor does Brad S. Jolly & Associates, LLC make any representation regarding the quality of any product, service, material, or information contained at or available from any such site. In no event will Brad S. Jolly & Associates, LLC, its subsidiaries, affiliates, officers, directors, agents, employees, or contractors be liable for any damages suffered by User with regard to access to or use of such third party web sites or the contents contained therein. You are responsible to review and comply with the terms, conditions, and policies governing third party web sites.
- Links from Third Party Sites. Brad S. Jolly & Associates, LLC permits links to the Site from third party sites in accordance with this paragraph and these Terms. Links to the Site from third party sites must be links to the entire Site or an entire page of the Site. Linking of the Site or any page of the Site from third party sites must not disparage the Site or Brad S. Jolly & Associates, LLC in any manner. Brad S. Jolly & Associates, LLC prohibits "hotlinking" of the Site's files that are not entire pages, i.e., direct linking to images, videos, style sheets, icons, etc. of the Site. Brad S. Jolly & Associates, LLC reserves the right to disable any links or frames which do not comply with this paragraph or these Terms as well as any action for damages resulting from links from third party sites that do not comply with this paragraph or these Terms. Brad S. Jolly & Associates, LLC has no responsibility or liability for any material on other web sites that may contain links to the Site. If you have any questions about linking to the Site or a page of the Site, please contact us.
- RSS Feeds. Brad S. Jolly & Associates, LLC may provide RSS Feeds containing information from the Site, as well as third party sites, to which Users may subscribe ("RSS Service"). By using the RSS Service, you agree to comply with
these terms and conditions and, in particular, this paragraph. If you fail to comply these terms and conditions, your access to the RSS Service may by suspended or terminated without notice, in addition to other remedies. We reserve the
right to discontinue the RSS Service, or change the content or formatting of the RSS Service, at any time without notice to you, and to require the immediate cessation of any specific use of the RSS Service.
- Individuals may use the RSS Service for personal, non-commercial purposes only. All others must obtain our express prior written consent.
- Brad S. Jolly & Associates, LLC provides the RSS Service as is and shall not be held liable for your use of the information, content, or material contained therein. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES WITH REGARD TO THE RSS SERVICE, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
- Brad S. Jolly & Associates, LLC cannot guarantee that the content or information contained within the RSS Service will never be faulty or that it will be available at all times. Brad S. Jolly & Associates, LLC may need to vary the technical specification, or temporarily suspend the whole or any part, of the RSS Service from time to time.
- No Warranties. Information, data, materials, links, images, text, documents, content, offerings, services, and/or products provided on the Site are provided "as is" without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, or any other warranty implied by law. Brad S. Jolly & Associates, LLC uses reasonable efforts to include accurate and up-to-date information on the Site; it does not, however, make any warranties or representations as to its accuracy or completeness. Brad S. Jolly & Associates, LLC periodically adds, changes, improves, or updates the information and documents on the Site without notice. Brad S. Jolly & Associates, LLC assumes no liability or responsibility for any errors or omissions in the content of the Site. This information could include technical inaccuracies or typographical errors. Your use of the Site is at your own risk.
- Acceptable Use. You agree not to use the Site to:
- upload, post, email, transmit or otherwise make available any content or matter that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way or commit abuse;
- impersonate or misrepresent your affiliation with, including acting as an employee of, Brad S. Jolly & Associates, LLC or any of our affiliated entities;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
- upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "affiliate marketing codes," "link referral code," or any other form of commercial solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site or any computer software, hardware, networks or telecommunications equipment;
- act in a manner that negatively affects other users' ability to access, view, or use the Site;
- interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site, including using any device, software or routine to bypass our robot exclusion headers;
- violate any applicable local, state, tribal, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, but not limited to, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "stalk" or otherwise harass another person or user or member; or
- collect or store personal data about other users without their consent (including, but not limited to, through the use of scripts, bots or web crawlers) or upload, post, email, transmit, chat or otherwise disclose other users' private information.
- Your Additional Representations and Warranties. In addition to any other representations and warranties, you further represent and warrant to us, under penalty of perjury:
- You have not and will not access or use the Site from any place or jurisdiction where such use is prohibited or contrary to applicable laws, rules, regulations, ordinances, edicts or customs, and you are not a national or resident of any country which the United States has embargoed goods; identified as a "Specially Designated National;" or placed on the Commerce Department's Table of Deny Orders;
- Your use of the Site is and will be in compliance with all applicable laws, rules, regulations, ordinances, edicts or customs;
- U.S. Export Controls. Software and content provided through the Site may be subject to United States export controls. No software or content from the Site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any such software or content, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- Limitation of Liability.UNDER NO CIRCUMSTANCES SHALL BRAD S. JOLLY & ASSOCIATES, LLC OR ANY OF ITS MEMBERS, OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS BE LIABLE FOR ANY DAMAGES SUFFERED BY ANY PERSON, INCLUDING ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA) UNDER ANY THEORY OF LIABILITY THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THE SITE; IMAGES, TEXT, DOCUMENTS, CONTENT, OR INFORMATION ON THE SITE; OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET OR THE SITE, EVEN IF BRAD S. JOLLY & ASSOCIATES, LLC WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Indemnification. You agree to defend, indemnify and hold harmless Brad S. Jolly & Associates, LLC and all of its departments, officers, agents, and/or employees from all claims, losses, suits, damages, liabilities and expenses of whatever kind or nature, including reasonable attorneys' fees, arising out of or resulting in any way from any negligent, reckless or intentional act, error, omission or mistake and/or strict liability of you or any person employed by you, or anyone for whose acts you are legally liable arising from the improper use of the Site or Brad S. Jolly & Associates, LLC's products, services, or offerings; the violation of these Terms; the infringement or use by any other person of you account; or the infringement of any copyright, trademark, patent, other intellectual property right, or other right of any person or entity.
- Liability for Damage. You agree that you shall be liable to Brad S. Jolly & Associates, LLC for damage, loss and the like caused by you negligence, gross negligence or intentional acts or omissions, including damage to the Site or other property of Brad S. Jolly & Associates, LLC.
- Privacy. Protecting the privacy of users of the Site is important to Brad S. Jolly & Associates, LLC. The Bsjlawfirm.com Privacy Policy governs how Brad S. Jolly & Associates, LLC uses and protects information you provide to Brad S. Jolly & Associates, LLC.
- Security. Data transmitted to and from the Site is generally not encrypted, except for certain restricted areas of the Site which require a user ID, password, authentication key, and/or other form of authentication for access. The security of information transmitted through the Internet can never be guaranteed. Brad S. Jolly & Associates, LLC is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. You are responsible for maintaining the security of any password, user ID, authorization key, or other form of authentication involved in obtaining access to password protected or secure areas of the Site. In order to protect you and your data, Brad S. Jolly & Associates, LLC may suspend your use of the Site, without notice, pending an investigation, if any breach of security is suspected.
- Transmission of Personal Data. You acknowledge and agree that by providing Brad S. Jolly & Associates, LLC with any personal information through the Site, you consent to the transmission of such personal information over international borders as necessary for processing in accordance with Brad S. Jolly & Associates, LLC's standard business practices and the Bsjlawfirm.com Privacy Policy.
- Access to Protected/Secure Areas. Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.
- Jurisdiction/Governing Law. These terms and conditions shall be governed and construed in accordance with the laws of the State of Colorado, USA, and applicable federal laws without regard to conflicts of law principles. You agree that any and all proceedings relating to the Site and the subject matter contained herein shall be maintained in the courts of the County of Adams, State of Colorado or the federal district court for the District of Colorado, which courts shall have exclusive jurisdiction for such purpose and you expressly consent to the personal jurisdiction of such courts.
- No Waiver. Any failure by Brad S. Jolly & Associates, LLC to exercise any of its rights or privileges herein or to insist upon strict adherence to any term(s) herein on any occasion shall not be considered or construed as waiving any such rights, privileges, obligations or duties, or to deprive Brad S. Jolly & Associates, LLC of the right thereafter to insist upon strict adherence to any term of the provisions of these terms and conditions, or as creating any custom contrary thereto.
- Captions. Captions and paragraph headings used in these terms and conditions are for convenience only, and are not a part of the terms and conditions, and shall not be deemed to limit or alter any provisions of these terms and conditions, and shall not be deemed relevant in construing these Terms.
- Severability. If any provision or portion of these Terms is declared void and unenforceable, such provision or portion of such provision shall be deemed severed from these Terms which shall otherwise remain in full force and effect. Further, if any such provision or portion of such provision may be reduced and/or narrowed in scope of the like, such provision or portion of such provision shall be reduced, narrowed, and/or the like, and so enforced. The same shall apply to any portion of any provision.
- Electronic Communications. By using the Site, you consent to receiving electronic communications, e.g., email, from Brad S. Jolly & Associates, LLC and its subsidiaries and affiliated entities. These communications will include notices and information concerning or related to the Site. These communications are part of your relationship with Brad S. Jolly & Associates, LLC. You agree that any notice, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including but not limited to, any requirements that such communications be in writing.
- Merger. This Agreement contains the complete agreement and understanding between you and Brad S. Jolly & Associates, LLC, and no statements, promises or inducements made by Brad S. Jolly & Associates, LLC that are not contained in these written Terms shall be valid or binding.
- Time Limitations of Claims. You agree that any claim or cause of action arising out of or related to these Terms or your use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Modification. No waiver, modification, or amendment of these Terms or of any covenant, condition or limitation contained in these Terms shall be valid unless in writing. The provisions of this paragraph may not be waived, except as set forth in this paragraph.
- Gender and Interpretation of Terms and Provisions. As used in these Terms and whenever required by the context thereof, each number, both singular or plural, shall include all numbers, and each gender shall include all genders. "Brad S. Jolly & Associates, LLC" and "You" as used in these Terms or in any other instrument referred to in or made a part of these Terms shall likewise include both the singular and the plural, a corporation, trade name, "dba", limited liability company, limited liability partnership, co-partnership, other legal entity, individual or person acting in any fiduciary capacity as executor, administrator, trustee, or in any other representative capacity. All covenants herein contained on the part of you shall be joint and several.
Last updated 11/12/20 4:39:55 am EST