Site Terms
Last Modified: April 13, 2026
Acceptance of the Terms of
Use
These terms of use are entered into
by and between You and Daniel H Erskine ("Company,"
"we," or "us").
The following terms and conditions ("Terms of Use")
govern your access to and use of https://smallbusinesslawyer.blogspot.com/,
including any content, functionality and services offered on or through
https://smallbusinesslawyer.blogspot.com/ (the "Website"),
whether as a guest or a registered user.
Please read the Terms of Use
carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by
these Terms of Use and our Privacy Policy, found at https://erskine-law.com/privacy-notice.html, incorporated herein by reference. If
you do not want to agree to these Terms of Use or the Privacy Policy, you must
not access or use the Website.
This Website is offered and available
to users who are 18 years of age or older. By using this Website, you represent
and warrant that you are of legal age to form a binding contract with the
Company and meet all of the foregoing eligibility requirements. If you do not
meet all of these requirements, you must not access or use the Website.
We may revise and update these
Terms of Use from time to time in our sole discretion. All changes are
effective immediately when we post them, and apply to all access to and use of
the Website thereafter.
Your continued use of the Website
following the posting of revised Terms of Use means that you accept and agree
to the changes. You are expected to check this page each time you access this
Website so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
The Website is not intended to
be a source of advertising, solicitation, or legal advice. The information and
articles contained in this Website are only provided for general informational
purposes. The information and articles on this Website are not intended as, and
should not be construed as, legal advice on any subject matter. You should not
rely on the information and articles provided in the Website as legal
advice on any subject matter for any purpose. Although this Website may provide
information concerning legal issues, such information is not intended to
constitute or be a substitute for legal advice from qualified counsel. You
should always seek the legal advice of competent counsel in your jurisdiction.
You agree that Daniel H. Erskine is not engaged in rendering legal services or
advice by providing the information and materials on this Website, and that
your use of the Website does not create any attorney-client relationship
between Daniel H. Erskine and you. Daniel H. Erskine assumes no responsibility
for any consequence relating directly or indirectly to any action or inaction
you take based on the information or material on this Website. While
Daniel H. Erskine takes reasonable measures to keep the information on this Website
accurate, complete and up-to-date, Daniel H. Erskine will not be responsible
for any damage or loss related to the inaccuracy, incompleteness, or lack of
timeliness of the information.
We reserve the right to withdraw or
amend this Website, and any service or material we provide on the Website, in
our sole discretion without notice. We will not be liable if for any reason all
or any part of the Website is unavailable at any time or for any period. From
time to time, we may restrict access to some parts of the Website, or the
entire Website, to users, including registered users.
You are responsible for both:
·
Making all arrangements
necessary for you to have access to the Website.
·
Ensuring that all persons
who access the Website through your internet connection are aware of these
Terms of Use and comply with them.
To access the Website or some of
the resources it offers, you may be asked to provide certain registration
details or other information. It is a condition of your use of the Website that
all the information you provide on the Website is correct, current and
complete. You agree that all information you provide to register with this
Website or otherwise, including, but not limited to, through the use of any
interactive features on the Website, is governed by our Privacy Policy, and you
consent to all actions we take with respect to your information consistent with
our Privacy Policy.
If you choose, or are provided
with, a user name, password or any other piece of information as part of our
security procedures, you must treat such information as confidential, and you
must not disclose it to any other person or entity. You also acknowledge that
your account is personal to you and agree not to provide any other person with
access to this Website or portions of it using your user name, password or
other security information. You agree to notify us immediately of any
unauthorized access to or use of your user name or password or any other breach
of security. You also agree to ensure that you exit from your account at the
end of each session. You should use particular caution when accessing your
account from a public or shared computer so that others are not able to view or
record your password or other personal information.
We have the right to disable any
user name, password or other identifier, whether chosen by you or provided by
us, at any time in our sole discretion for any or no reason, including if, in
our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Website and its entire
contents, features and functionality (including but not limited to all
information, software, text, displays, images, video and audio, and the design,
selection and arrangement thereof), are owned by the Company, its licensors or
other providers of such material and are protected by United States and
international copyright, trademark, patent, trade secret and other intellectual
property or proprietary rights laws.
These Terms of Use permit you to
use the Website for your personal, non-commercial use only. You must not
reproduce, distribute, modify, create derivative works of, publicly display,
publicly perform, republish, download, store or transmit any of the material on
our Website, except as follows:
·
Your computer may
temporarily store copies of such materials in RAM incidental to your accessing
and viewing those materials.
·
You may store files that
are automatically cached by your Web browser for display enhancement purposes.
·
You may print one copy of a
reasonable number of pages of the Website for your own personal, non-commercial
use and not for further reproduction, publication or distribution.
·
If we provide desktop,
mobile or other applications for download, you may download a single copy to
your computer or mobile device solely for your own personal, non-commercial
use, provided you agree to be bound by our end user license agreement for such
applications.
·
If we provide you with
certain content, you may take such actions as are enabled by such features.
You must not:
·
Modify copies of any
materials from this site.
·
Use any illustrations,
photographs, video or audio sequences or any graphics separately from the
accompanying text.
·
Delete or alter any
copyright, trademark or other proprietary rights notices from copies of
materials from this site.
You must not access or use for any
commercial purposes any part of the Website or any services or materials
available through the Website.
If you wish to make any use of
material on the Website other than that set out in this section, please address
your request to the physical address listed on the footer of this Website.
If you print, copy, modify,
download or otherwise use or provide any other person with access to any part
of the Website in breach of the Terms of Use, your right to use the Website
will cease immediately and you must, at our option, return or destroy any
copies of the materials you have made. No right, title or interest in or to the
Website or any content on the Website is transferred to you, and all rights not
expressly granted are reserved by the Company. Any use of the Website not
expressly permitted by these Terms of Use is a breach of these Terms of Use and
may violate copyright, trademark and other laws.
Trademarks
The Company name, the Company logo and
all related names, logos, product and service names, designs and slogans are
trademarks of the Company or its affiliates or licensors. You must not use such
marks without the prior written permission of the Company. All other names,
logos, product and service names, designs and slogans on this Website are the
trademarks of their respective owners.
Prohibited Uses
You may use the Website only for
lawful purposes and in accordance with these Terms of Use. You agree not to use
the Website:
·
In any way that violates
any applicable federal, state, local or international law or regulation
(including, without limitation, any laws regarding the export of data or
software to and from the US or other countries).
·
For the purpose of
exploiting, harming or attempting to exploit or harm minors in any way by
exposing them to inappropriate content, asking for personally identifiable
information or otherwise.
·
To send, knowingly receive,
upload, download, use or re-use any material which does not comply with the Content
Standards set out in these Terms of Use.
·
To transmit, or procure the
sending of, any advertising or promotional material, including any "junk
mail," "chain letter," "spam," or any other similar
solicitation.
·
To impersonate or attempt
to impersonate the Company, a Company employee, another user or any other
person or entity (including, without limitation, by using e-mail addresses or
screen names associated with any of the foregoing).
·
To engage in any other
conduct that restricts or inhibits anyone's use or enjoyment of the Website, or
which, as determined by us, may harm the Company or users of the Website, or
expose them to liability.
Additionally, you agree not to:
·
Use the Website in any
manner that could disable, overburden, damage, or impair the site or interfere
with any other party's use of the Website, including their ability to engage in
real time activities through the Website.
·
Use any robot, spider or
other automatic device, process or means to access the Website for any purpose,
including monitoring or copying any of the material on the Website.
·
Use any manual process to
monitor or copy any of the material on the Website, or for any other purpose
not expressly authorized in these Terms of Use, without our prior written
consent.
·
Use any device, software or
routine that interferes with the proper working of the Website.
·
Introduce any viruses,
trojan horses, worms, logic bombs or other material which is malicious or
technologically harmful.
·
Attempt to gain
unauthorized access to, interfere with, damage or disrupt any parts of the
Website, the server on which the Website is stored, or any server, computer or
database connected to the Website.
·
Attack the Website via a
denial-of-service attack or a distributed denial-of-service attack.
·
Otherwise attempt to
interfere with the proper working of the Website.
User Contributions
The Website may contain message
boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and
other interactive features (collectively, "Interactive
Services") that allow users to post, submit, publish, display or
transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
All User Contributions must comply
with the Content Standards set out in these Terms of Use.
Any User Contribution you post to
the site will be considered non-confidential and non-proprietary. By providing
any User Contribution on the Website, you grant us and our affiliates and
service providers, and each of their and our respective licensees, successors
and assigns the right to use, reproduce, modify, perform, display, distribute
and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
·
You own or control all
rights in and to the User Contributions and have the right to grant the license
granted above to us and our affiliates and service providers, and each of their
and our respective licensees, successors and assigns.
·
All of your User
Contributions do and will comply with these Terms of Use.
You understand and acknowledge that
you are responsible for any User Contributions you submit or contribute, and
you, not the Company, have fully responsibility for such content, including its
legality, reliability, accuracy and appropriateness.
We
are not responsible, or liable to any third party, for the content or accuracy
of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
·
Remove or refuse to post
any User Contributions for any or no reason in our sole discretion.
·
Take any action with
respect to any User Contribution that we deem necessary or appropriate in our
sole discretion, including if we believe that such User Contribution violates
the Terms of Use, including the Content Standards, infringes any intellectual
property right or other right of any person or entity, threatens the personal
safety of users of the Website or the public or could create liability for the
Company.
·
Disclose your identity or
other information about you to any third party who claims that material posted
by you violates their rights, including their intellectual property rights or
their right to privacy.
·
Take appropriate legal
action, including without limitation, referral to law enforcement, for any
illegal or unauthorized use of the Website.
·
Terminate or suspend your
access to all or part of the Website for any or no reason, including without
limitation, any violation of these Terms of Use.
Without limiting the foregoing, we
have the right to fully cooperate with any law enforcement authorities or court
order requesting or directing us to disclose the identity or other information
of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD
HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM
ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES
DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A
CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT
AUTHORITIES.
However, we cannot review all material
before it is posted on the Website, and cannot ensure prompt removal of
objectionable material after it has been posted. Accordingly, we assume no
liability for any action or inaction regarding transmissions, communications or
content provided by any user or third party. We have no liability or
responsibility to anyone for performance or nonperformance of the activities
described in this section.
These content standards apply to
any and all User Contributions and use of Interactive Services. User
Contributions must in their entirety comply with all applicable federal, state,
local and international laws and regulations. Without limiting the foregoing,
User Contributions must not:
·
Contain any material which
is defamatory, obscene, indecent, abusive, offensive, harassing, violent,
hateful, inflammatory or otherwise objectionable.
·
Promote sexually explicit
or pornographic material, violence, or discrimination based on race, sex,
religion, nationality, disability, sexual orientation or age.
·
Infringe any patent,
trademark, trade secret, copyright or other intellectual property or other
rights of any other person.
·
Violate the legal rights
(including the rights of publicity and privacy) of others or contain any
material that could give rise to any civil or criminal liability under
applicable laws or regulations or that otherwise may be in conflict with these
Terms of Use and our Privacy Policy.
·
Be likely to deceive any
person.
·
Promote any illegal
activity, or advocate, promote or assist any unlawful act.
·
Cause annoyance,
inconvenience or needless anxiety or be likely to upset, embarrass, alarm or
annoy any other person.
·
Impersonate any person, or
misrepresent your identity or affiliation with any person or organization.
·
Involve commercial
activities or sales, such as contests, sweepstakes and other sales promotions,
barter or advertising.
·
Give the impression that
they emanate from or are endorsed by us or any other person or entity, if this
is not the case.
Copyright Infringement
If you believe that any User
Contributions violate your copyright, please see our main site for instructions
on sending us a notice of copyright infringement. It is the policy of the
Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or
through the Website is made available solely for general information purposes.
We do not warrant the accuracy, completeness or usefulness of this information.
Any reliance you place on such information is strictly at your own risk. We
disclaim all liability and responsibility arising from any reliance placed on
such materials by you or any other visitor to the Website, or by anyone who may
be informed of any of its contents.
This Website includes content
provided by third parties, including materials provided by other users,
bloggers and third-party licensors, syndicators, aggregators and/or reporting
services. All statements and/or opinions expressed in these materials, and all
articles and responses to questions and other content, other than the content
provided by the Company, are solely the opinions and the responsibility of the
person or entity providing those materials. These materials do not necessarily
reflect the opinion of the Company. We are not responsible, or liable to you or
any third party, for the content or accuracy of any materials provided by any
third parties.
Changes to the Website
We may update the content on this
Website from time to time, but its content is not necessarily complete or
up-to-date. Any of the material on the Website may be out of date at any given
time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All
information we collect on this Website is subject to our Privacy Policy. By
using the Website, you consent to all actions taken by us with respect to your
information in compliance with the Privacy Policy.
Linking to the Website and Social Media Features
You may link to our homepage,
provided you do so in a way that is fair and legal and does not damage our
reputation or take advantage of it, but you must not establish a link in such a
way as to suggest any form of association, approval or endorsement on our part
This Website may provide certain
social media features that enable you to:
·
Link from your own or
certain third-party websites to certain content on this Website.
·
Send e-mails or other
communications with certain content, or links to certain content, on this
Website.
·
Cause limited portions of
content on this Website to be displayed or appear to be displayed on your own
or certain third-party websites.
You may use these features solely
as they are provided by us, solely with respect to the content they are
displayed with, and otherwise in accordance with any additional terms and
conditions we provide with respect to such features. Subject to the foregoing,
you must not:
·
Establish a link from any
website that is not owned by you.
·
Cause the Website or
portions of it to be displayed, or appear to be displayed by, for example,
framing, deep linking or in-line linking, on any other site.
·
Link to any part of the
Website other than the homepage.
·
Otherwise take any action
with respect to the materials on this Website that is inconsistent with any
other provision of these Terms of Use.
The website from which you are
linking, or on which you make certain content accessible, must comply in all
respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in
causing any unauthorized framing or linking immediately to cease. We reserve
the right to withdraw linking permission without notice.
We may disable all or any social
media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to
other sites and resources provided by third parties, these links are provided
for your convenience only. This includes links contained in advertisements,
including banner advertisements and sponsored links. We have no control over
the contents of those sites or resources, and accept no responsibility for them
or for any loss or damage that may arise from your use of them. If you decide
to access any of the third party websites linked to this Website, you do so
entirely at your own risk and subject to the terms and conditions of use for
such websites.
Geographic Restrictions
The owner of the Website is based
in the State of New York in the United States. We provide this Website for use
only by persons located in the United States. We make no claims that the
Website or any of its content is accessible or appropriate outside of the
United States. Access to the Website may not be legal by certain persons or in
certain countries. If you access the Website from outside the United States,
you do so on your own initiative and are responsible for compliance with local
laws.
Disclaimer of Warranties
You understand that we cannot and
do not guarantee or warrant that files available for downloading from the
internet or the Website will be free of viruses or other destructive code. You
are responsible for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for anti-virus protection and accuracy of
data input and output, and for maintaining a means external to our site for any
reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE
CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER
TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,
COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE
WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR
DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS
CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN
RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER
THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR
REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY,
QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE
FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY
REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE
WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE
MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY
WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE
FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF
THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS
OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.
The
limitation of liability set out above does not apply to liability resulting
from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY
LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and
hold harmless the Company, its affiliates, licensors and service providers, and
its and their respective officers, directors, employees, contractors, agents,
licensors, suppliers, successors and assigns from and against any claims,
liabilities, damages, judgments, awards, losses, costs, expenses or fees
(including reasonable attorneys' fees) arising out of or relating to your
violation of these Terms of Use or your use of the Website, including, but not
limited to, your User Contributions, any use of the Website's content, services
and products other than as expressly authorized in these Terms of Use, or your
use of any information obtained from the Website.
Governing Law
and Jurisdiction
All matters relating to the Website
and these Terms of Use, and any dispute or claim arising therefrom or related
thereto (in each case, including non-contractual disputes or claims), shall be
governed by and construed in accordance with the internal laws of the State of
New York without giving effect to any choice or conflict of law provision or
rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action or
proceeding arising out of, or related to, these Terms of Use or the Website
shall be instituted exclusively in the federal courts of the United States or
the courts of the State of New York, in each case located in the City of White
Plains and County of Westchester, although we retain the right to bring any
suit, action or proceeding against you for breach of these Terms of Use in your
country of residence or any other relevant country. You waive any and all
objections to the exercise of jurisdiction over you by such courts and to venue
in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU
MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST
BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE,
SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by the Company of any
term or condition set forth in these Terms of Use shall be deemed a further or
continuing waiver of such term or condition or a waiver of any other term or
condition, and any failure of the Company to assert a right or provision under
these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of
Use is held by a court or other tribunal of competent jurisdiction to be
invalid, illegal or unenforceable for any reason, such provision shall be
eliminated or limited to the minimum extent such that the remaining provisions
of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, our Privacy
Policy, and the Google Privacy Policy (https://policies.google.com/u/0/privacy?hl=en)
constitute the sole and entire agreement
between you and Daniel H Erskine with respect to the Website and supersede all
prior and contemporaneous understandings, agreements, representations and
warranties, both written and oral, with respect to the Website.
Your Concerns
This website is operated by Daniel
H Erskine, 173 Huguenot Street Suite 200, New Rochelle, New York 10801.
All notices of copyright
infringement claims should be sent to the copyright agent designated in our main
site in the manner and by the means set forth therein.
