Last Modified: May 3, 2023
ACCEPTANCE OF TERMS
McDonald Hopkins reserves the right to change or modify any of the terms and conditions of these Terms or any of its other policies relating to the Website at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions to the Website, and you waive any right to receive specific notice of such changes or modifications. Continued use of the Website following the posting of changes or modifications constitutes and confirms your acceptance of such changes or modifications. We may, at any time and without notice, modify or discontinue all or part of the Website or refuse to provide access to some or all of the Website in our sole discretion.
The materials on the Website are provided for informational purposes only. They do not constitute legal advice, nor do they necessarily reflect the opinions of McDonald Hopkins or any of its attorneys, employees or clients. The information available on the Website is provided only as general information that may or may not reflect the most current legal developments, verdicts or settlements. While we endeavor to include only accurate and current information on the Website, we make no representations or warranties that such information is correct, complete or up-to-date.
The materials on the Website are not intended to create, and your receipt of them does not constitute, an attorney-client relationship. You should not act or refrain from acting on the basis of any information on the Website without seeking appropriate legal and professional advice on the particular facts and circumstances at issue from an attorney licensed in your state. Information available on the Website is not, and should not be taken as, a promise or indication of future results.
Communicating with us through the Website or otherwise (including by email) in connection with a matter for which we do not already represent you does not alone create an attorney-client relationship, and your communication may not be treated as privileged or confidential. Therefore, if you elect to communicate with McDonald Hopkins or any of its attorneys or other personnel by email or through the Website, do not transmit any information about any matter (and particularly not any confidential information) that may involve you or any legal matter until McDonald Hopkins has agreed to represent you, and you have received confirmation of that fact in the form of a written engagement letter.
While McDonald Hopkins does not intend this Website to be advertising, it may be considered advertising in your jurisdiction. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.
Although McDonald Hopkins has attempted to comply with all applicable legal and ethical requirements in compiling the Website, McDonald Hopkins does not through the Website seek to represent anyone in a state where this Website may fail to comply with all laws and ethical rules of that state. Unless otherwise specifically stated, the attorneys listed in the Website are not certified with respect to any specialty area of practice by any board of legal specialization, commission on continuing legal education or similar body.
LICENSE AND ACCESS
Subject to your compliance with these Terms, McDonald Hopkins grants you a limited, non-exclusive, non-sublicensable right and license solely to access and use the Website as it is offered and made available by McDonald Hopkins from time to time in its sole discretion for your personal, non-commercial use (the “License”). McDonald Hopkins expressly reserves any and all other rights not specifically granted under the License.
You are responsible for your access to and use of the Website. You may not: access, download or modify the Website; use the Website or any portion of it for any illegal or unauthorized purpose or in a manner that violates any applicable laws or these Terms; or create or modify another website, software or other service of any type or nature to duplicate or replicate the Website in whole or in part or in a manner that falsely implies association with McDonald Hopkins or the Website.
The Website may not, in whole or in part, be distributed, reproduced, republished, duplicated, copied, sold, resold, visited, or otherwise exploited except as expressly permitted under the License without the express written consent of McDonald Hopkins, and may not be framed, deep-linked or otherwise enclosed or associated with any trademark, logo or other proprietary information or content (including images, text, page layout or form) without McDonald Hopkins’ express written consent. You may not advertise or use any metatag or other “hidden text” using McDonald Hopkins’s name or trademarks without our express written consent. Any unauthorized use shall immediately terminate the License without notice.
You may need to apply for and be granted a user account with a unique username and password to access or use certain features of the Website. In creating an account, you must provide accurate, current and complete information as may be requested by us, you must maintain and promptly update such information so that it remains accurate, current and complete, and you consent and agree that we may verify any such information you provide. McDonald Hopkins reserves the right to deny or revoke a user account or limit access to features within the Website in its sole discretion.
If you register to use the Website, you are solely responsible for maintaining the confidentiality of your username and password and for restricting access to your computer, and you agree to accept full responsibility for all activities that occur using your account, including unauthorized use of your account by others. You may not transfer or otherwise allow others to access or use the Website using your account, and you must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses that may be caused by any unauthorized use of your account, you may be liable for the losses of McDonald Hopkins or others due to such unauthorized access or use.
By registering for an account, you consent to receive communications from McDonald Hopkins, and McDonald Hopkins may communicate with you by email, by posting notices on the Website, or by using any other contact information you may provide. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.
Certain features of the Website may permit you to submit documents, materials, stories, information, feedback, data, questions, comments, suggestions, ideas, reviews, photographs, video and other user-submitted content (collectively, “User Submissions”). You may not use false contact information or impersonate any person or entity, or otherwise mislead as to the origin, authorship, source, sponsorship, endorsement or affiliation of any User Submissions you submit. We reserve the right (but do not assume the obligation) to remove or edit User Submissions for any reason in our sole discretion, but we do not regularly review posted content.
You are solely responsible for the User Submissions submitted using your user account and the consequences of posting or publishing such User Submissions. If you choose to make any of your personally-identifiable information or other information available through or in connection with your use of the Website, you do so at your own risk.
By submitting User Submissions, you represent and warrant that: such User Submission is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise violate the rights of others; you own or have the necessary licenses, rights, consents and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms; your User Submissions does not violate these Terms and will not cause injury to any person or entity; and you have the written consent, release, and permission to use each name and likeness of each identifiable individual person in your User Submissions to enable and allow their inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms.
By submitting a User Submission, you hereby grant McDonald Hopkins a worldwide, non-exclusive, royalty-free, irrevocable, sublicensable and transferable license to use, reproduce, distribute, publish, prepare derivative works of, display, perform and otherwise exploit the User Submissions in furtherance of its business, including in connection with the Website. You hereby acknowledge that you have received good and valuable consideration in exchange for the license granted hereunder and that you are not entitled to any further compensation for any use or other exploitation of any User Submission.
McDonald Hopkins does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. We reserve the right to decide whether a User Submission is appropriate and complies with these Terms. We may, but have no obligation to, remove User Submissions or terminate your account for uploading material in violation of these Terms at any time, without prior notice and at our sole discretion.
You understand and acknowledge that, when using the Website, you may be exposed to User Submissions from a variety of sources and that we are not responsible for the accuracy, usefulness, safety, third party rights, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive any do hereby waive, any legal or equitable rights or remedies you have or may in the future have against us with respect thereto, and agree to indemnify and hold harmless McDonald Hopkins, its owners and operators, directors, officers, employees, agents, affiliates, sponsors, donors, and licensees harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
RULES OF CONDUCT
While using the Website, you will comply with all applicable laws, rules, and regulations. In addition, we expect users of the Website to respect the rights and dignity of others. Your use of the Website is conditioned on your compliance with the rules of conduct set forth in this section, and your failure to comply with such rules may result in termination of your access to the Website. In particular, and without waiving the foregoing, you agree that you will not:
- access or use the Website at the direction or for the benefit of a third party other than as expressly permitted in these Terms, including charging a fee-for-service for third party access to the Website or its content;
- access or use the Website for any fraudulent or unlawful purpose;
- access or use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Website;
- impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website; or express or imply that we endorse any statement you make;
- interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available, or violate any requirements, procedures, policies or regulations of such networks;
- transmit or otherwise make available in connection with the Website any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
- restrict or inhibit any other person from using the Website (including without limitation by hacking or defacing any portion of the Website);
- reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website;
- modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Website;
- remove any copyright, trademark, or other proprietary rights notice from the Website or materials originating from the Website.
- Create a database by systematically downloading and storing Website content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather Website content or reproduce or circumvent the navigational structure or presentation of the Website without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances.
Ownership, Content, Third-Party Sites
The Website and all elements that comprise the Website, including all text, audio, video, graphics, HTML, multimedia, scripts, applets and all other content are owned by McDonald Hopkins, including the intellectual property rights therein or licensed to us, with the exception of elements provided by partners, content providers, advertisers, and user contributors, as noted, that may also be protected by copyright or trademark or other rights. McDonald Hopkins’ trademarks and trade dress may not be used without our express written consent and may not be used in a manner that is likely to cause confusion, or in any manner that disparages or discredits McDonald Hopkins.
You should not submit or communicate confidential or protected information or creative materials using the Website that you do not want to become public. Unless otherwise agreed by us in writing, any communication or material you transmit or make available using the Website, including any data, questions, comments, notes, suggestions, or the like are, and will be treated as, non-confidential, non-proprietary and unprotected information. You agree that we may use, without compensation to you, any ideas, concepts, know-how, techniques or other intellectual property contained in any communication you disclose or send to us using the Website for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products or services using or based on such information.
The Website may contain links to other websites operated by third parties. We make no representations or warranties regarding any websites, information or content that may be accessible through the Website that is not maintained, controlled or created by McDonald Hopkins. We do not endorse these sites and are not responsible for such websites, information and content.
NO WARRANTIES AND LIMITATION OF LIABILITY
The Website is provided on an “as is” and “as available” basis only, and we make no representations or warranties of any kind, express or implied, as to the operation of the Website or its content, including User Submissions. Without limiting the foregoing, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. We do not warrant that the Website, its servers, email or other communications sent from or on our behalf are free of viruses or other harmful components. While we use reasonable efforts to include accurate, complete and up-to-date information on the Website, we make no representations or warranties as to its accuracy and assume no liability or responsibility for any errors or omissions in the Website, and we reserve the right to change, correct or update the Website at any time in our sole discretion without notice. While we endeavor to make access and use of the Website safe and secure, we cannot and do not represent or warrant that the Website is or will be free of viruses or other harmful components or that we can guarantee absolute security for information within in the Website. You are advised to use commercially-recognized software to detect and disinfect viruses and other harmful components from any download, and you agree that we shall not be responsible for unauthorized access to or use of such information by hackers or others who have obtained access through illegal, unauthorized or unintended means.
McDonald Hopkins shall not be liable under any circumstances or under any legal theory for any direct, indirect, incidental, consequential, special or punitive damages or for lost revenues or profits, business failure or loss arising out of your use of or reliance in any way upon the Website, regardless of whether or not we have been advised of the possibility of such damages or losses and regardless of the theory of liability arising out of, in connection with, related to, or resulting from your use of or inability to use the Website or any products or services identified, promoted, reviewed, or otherwise mentioned or identified on the Website. In jurisdictions that do not allow the exclusion or limitation of certain damages, our liability in such jurisdictions shall be limited to the extent permitted by law, and the terms limiting our liability shall in any case be interpreted to limit our liability to the greatest extent permitted by law. AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF MCDONALD HOPKINS’ NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
You agree to indemnify, defend and hold harmless McDonald Hopkins and all of its members, officers, directors, shareholders, employees, agents and other representatives from and against any and all liability, loss or cost (including attorneys’ fees) arising out of, or related in any way to, your access to or use of the Website or and any breach by you of these Terms.
We reserve the right, without notice, in our sole discretion and in addition to our other rights and remedies, to terminate these Terms without notice. Upon termination of these Terms, the License granted to you shall terminate immediately and we may block or otherwise prevent further access to and use of the Website. We further reserve the right in our sole discretion to discontinue the Website or any part thereof at any time and without notice.
McDonald Hopkins respects copyright law and expects users of the Website to do the same. Unauthorized copying or distribution of content is an infringement of the copyright holder’s rights. McDonald Hopkins may elect to prosecute anyone who infringes upon its copyright, or other intellectual property rights. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit McDonald Hopkins to locate the material.;
- Information reasonably sufficient to permit McDonald Hopkins to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact us at the following address to make a claim or if you have any questions regarding a claim:
McDonald Hopkins LLC
ATTN: Director of Marketing
600 Superior Avenue, East, Suite 2100
Cleveland, Ohio 44114
SITE POLICIES, MODIFICATION, OTHER TERMS
By using the Website, you agree that the laws of the state of Ohio, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and McDonald Hopkins relating to, arising out of or concerning the Website. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. You agree that any claim or cause of action arising out of your use of the Website or these Terms must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by McDonald Hopkins to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
Any dispute arising out of or in connection with these Terms or your use of the Website or your access to or links to this Website shall be resolved by arbitration before three neutral arbitrators administered by the American Arbitration Association in Cleveland, Ohio, in accordance with its Commercial Arbitration Rules, as then in effect. Except for punitive damages (which may not be awarded), any provisional or equitable remedy which would be available from a court of law shall be available from the arbitrators to parties. The award of the arbitrators may be enforced in any court having jurisdiction thereof. Both parties hereby consent to the non-exclusive jurisdiction of the courts of the state and federal court located within Cuyahoga County, Ohio for any action to compel arbitration, to enforce the award of the arbitrators or at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and both parties agree to service of process in any such action by registered mail or any other means provided by law. Some jurisdictions may provide additional rights to consumers, which may or may not apply. BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
Class Action Waiver
The parties agree to bring any dispute in arbitration only on their own behalf, and not on a class or collective actions basis. Accordingly: There will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). The Class Action Waiver shall not be severable from the above arbitration clause in any case in which: (a) the dispute is filed as a class and/or collective action and (b) a civil court of competent jurisdiction (subject to appeals if any to an appellate court) finds the Class Action Waiver is unenforceable. In such instances, the class and/or collective action must be litigated in a civil court of competent jurisdiction.
Notwithstanding any other clause or language in these Terms and/or any rules or procedures that might otherwise apply by virtue of these Terms or by virtue of any arbitration organization rules or procedures that now apply or any amendments and/or modifications to those rules, any claim that the Class Action Waiver or any portion of the Class Action Waiver, is unenforceable, inapplicable, unconscionable, or void or voidable, shall be determined only by a court of competent jurisdiction and not by an arbitrator.
The Class Action Waiver and the section above regarding arbitration, shall be severable in any case in which the dispute is filed as an individual (non-class and non-collective) action and severance is necessary to ensure that the action proceeds in arbitration.
If any provision of these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in effect. McDonald Hopkins’ failure to act with respect to a breach by any person using the Website in a particular circumstance does not constitute a waiver of its right to act with respect to subsequent or similar breaches. You may not assign these Terms without the prior written consent of McDonald Hopkins, which consent may be withheld for any or no reason. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
The headings in these Terms are for convenience only and do not affect its meaning or interpretation. Unless the context otherwise requires, words in the singular include the plural, and in the plural include the singular; the words of the masculine gender include the feminine and neuter; “or” means “and/or” and shall not be construed as exclusive; “including” means “including but not limited to”; “any” and “all” shall not be construed as terms of limitation; and a reference to a thing (including any right or other intangible asset) includes any part or the whole of that thing.
Testimonials found on this website are actual client reviews of McDonald Hopkins. We appreciate our clients and their willingness to share their experiences. Please keep in mind that the success of any legal matter depends on the unique circumstances of each case: we cannot guarantee particular results for future clients based on successes we have achieved in past legal matters.
DESIGNATION OF RESPONSIBLE OFFICE AND ATTORNEY
To the extent the State Bar Rules in your jurisdiction require McDonald Hopkins to designate a principal office and/or a single attorney responsible for this Website, McDonald Hopkins designates its office in Cleveland, Ohio, USA as its principal office and designates James Stief as the attorney responsible for this Website.
© Copyright 2023, McDonald Hopkins LLC. All Rights Reserved. No portion of this website may be reproduced, copied or revised without written permission.