RALPH F. MUNYAN ATTORNEY AT LAW, LLC TERMS OF USE

This agreement (“Agreement“) is a legal contract between you and Ralph F. Munyan Attorney At Law, LLC, a Kansas limited liability company with a principal place of business at 7301 Mission Road, Suite 328A, Prairie Village, KS 66208 (referred to herein as “the Company, “we,” or “our”). The terms of this Agreement govern your use of the Company’s websites located at www.ralphmunyan.com.com (the “Website“), and all content, software, functions, materials, and information displayed on the Website (the “Website Content”. The terms of this Agreement also govern use of any services or products offered by any third party vendor via hyperlinks to this Website (the “Third Party Content”). Together, the Website Content and the Third Party Content shall be collectively referred to herein as the (the “Content”). By using the Website you are signifying your agreement with the terms and conditions set forth in this Agreement.

The terms “you,” “your,” or “user” as used herein refer to any individual or entity accessing or using the Website for any reason.

YOUR ACKNOWLEDGEMENT: YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THESE TERMS OF USE AND THAT YOU ACCEPT THESE TERM OF USE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS OF USE, YOU ARE PROHIBITED FROM ACCESSING, OR USING THE WEBSITE.

NO LEGAL ADVICE: We will never post legal advice on the Website; instead, the Content is posted for informational purposes only and is not intended to be, and should not be considered as, legal advice.

In addition, in no case shall our provision or the Website Content, or your provision of information to us via the Website, create an attorney-client relationship, be construed as creating such an attorney-client relationship, substitute for obtaining legal advice from competent legal counsel.

PRIVACY POLICY: Detailed information on how we use personally identifiable information and other information that you provide to us directly through this Website or that we otherwise collect can be found in our Privacy Policy, which is fully incorporated herein by reference.

CHILDREN’S PRIVACY: To use the Website you must be at least 13 years old. The Website is not intended to be used by or to attract anyone under the age of 13. We do not intentionally collect personally identifiable information from anyone under the age of 13. IF YOU ARE NOT AT LEAST 13 YEARS OLD, YOU MAY NOT USE THE WEBSITE. 

YOUR ACCESS: The Company may:

  1. Monitor your use of the Website;
  1. Change, suspend or discontinue any aspect of the Website at any time, including the availability of any feature of the Website. In addition, the Company may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability to you; and/or
  1. In its sole discretion, amend, modify, correct, or change this Agreement, in whole or in part, at any time, without notice to you, and your continued use of the Website following any amendment, modification, correction, or change shall constitute your acceptance thereof.

INTELLECTUAL PROPERTY:

  1. All portions of the Website are copyrighted, trademarked, and proprietary works and the property of the Company, its third party vendors or licensors, or other users of the Website.
  1. You shall not, by virtue of this Agreement, your use of the Website, or otherwise, acquire any right title, or interest whatsoever in any copyrighted, trademarked, or proprietary rights whatsoever in the Website, the Company, its third party vendors or licensors, or other users of the Website. Any rights not expressly granted to you by this Agreement are hereby expressly reserved by the Company, its third party vendors or licensors, or other users of the Website.

YOUR LIMITED LICENSE:

  1. Subject to the terms and conditions set forth herein, the Company hereby grants to you, and you accept, a limited, personal, non-exclusive, non-transferrable fully revocable license to use the Website solely for your personal use or use by an entity you represent. You have no other rights in the Website except as set forth in the foregoing license.

YOUR REPRESENTATIONS:

  1. You represent, warrant and covenant that you are at least thirteen (13) years old.
  1. With regard to the Content, you agree, represent, warrant, and covenant that you will not, upload, post, transmit, otherwise distribute or publish any material that (i) restricts or inhibits any other user from using and enjoying the Website, (ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law, (iv) violate, plagiarize or infringe the rights of the Company or third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, or (v) contain a virus or other harmful component, (vi) contain advertising of any kind or constitute or contain false or misleading indications of origin or statements of fact.
  1. You also agree, represent, warrant, and covenant that (a) you will access and use the information on the Website only for use by you personally or by an entity you represent and (b) you will not modify, republish, post, transmit, or distribute any of the information without our express written consent.
  1. In addition, with regard to the Website, you agree, represent, warrant, and covenant that you will (i) use it only in conformance to this Agreement, (ii) not use it for any fraudulent, unlawful, or illegal activity, (iii) not use it to try gain unauthorized access to any network, data, service, or network, (iv) not remove or modify any proprietary notices on it, (v) not disable, circumvent, remove, damage or otherwise interfere with any privacy or security-related feature of it or any features that limit the use or duplication of it or any of its functionality, (vi) not copy or duplicate it, and (vii) not distribute, sublicense, transfer, sell, lease, rent, loan, outsource (or use it to provide time sharing services), or assign it for use by any third party.

If you breach any of these representations, warranties, or covenants or any other term of this Agreement, the Company may immediately terminate this Agreement and all license rights granted herein. In addition, upon ten (10) days notice to you, the Company may terminate this Agreement and all license rights granted herein for any reason.

THIRD PARTY LINKS:

  1. The Website may contain hypertext links to third party websites. The opportunity to click on these links does not constitute an endorsement or representation regarding the products, services, content, security, privacy policies, or terms of use of these third party companies or websites, nor is it a representation that we have any affiliation with these third party companies or websites, and we disclaim any and all responsibility for such products, services, content, security, privacy policies, or terms of use. You acknowledge and agree, therefore, that your use of any third party website linked by hypertext to the Website is at your own risk.
  1. The Company does not make any representation whatsoever regarding the accuracy or reliability of any opinion, advice, statement, memorandum, or other information displayed on or distributed through the Website. You acknowledge that any use or reliance by you upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.

COMMUNICATIONS TO COMPANY: You understand and acknowledge that communications you send to (or receive from) the Company or the Website (whether by e-mail, U.S. Mail, or otherwise) may not be secure and may be read or intercepted by others.

PROPRIETARY INFORMATION: We expressly retain all right, title, and interest in and to any information or documents we post to the Website.

GENERAL AGREEMENT TERMS:

You hereby agree to indemnify, defend, and hold the Company and all of the Company’s  members, shareholders, directors, officers, employees, contractors, agents, and licensors and licensees (collectively, the “Indemnified Parties“) harmless from and against any and all liability arising out of your use of or reliance upon any third party vendors hyperlinked to this website (including, but not limited to use or reliance upon any information, products or services provided by the third party), and any costs (including, but not limited to, attorneys’ fees and court and other costs), incurred by the Indemnified Parties in connection with such use or reliance and any claim arising out of your breach of any portion of this Agreement or the representations, warranties and covenants contained in this Agreement. You shall cooperate as fully as reasonably required in the defense of any such claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the Company.

THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, SERVICES, PRODUCTS, AND INFORMATION, WHETHER SUPPLIED BY THE COMPANY OR ANY THIRD PARTY, AND WHETHER AVAILABLE DIRECTLY ON THE WEBSITE, THROUGH A SITE LINKED BY HYPERTEXT, OR FROM ONE OF OUR CALL CENTER VENDORS, ARE PROVIDED “AS IS” TO THE FULLEST EXTENT PERMISSIBLE BY LAW.

IN ADDITION, THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY TYPE WHATSOEVER FOR THE WEBSITE OR ITS CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, SERVICES, PRODUCTS, OR INFORMATION, WHETHER THE ABOVE ARE SUPPLIED BY THE COMPANY OR ANY THIRD PARTY, AND WHETHER AVAILABLE DIRECTLY ON THE WEBSITE, THROUGH A HYPERTEXT LINK TO THE WEBSITE, OR FROM ONE OF OUR THIRD PARTY VENDORS, OR FOR ANY SUCH CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, SERVICES, PRODUCTS, OR INFORMATION OR FOR ANY BREACH OF SECURITY OR PRIVACY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION, INCLUDING ANY PERSONALLY IDENTIFIABLE INFORMATION, THROUGH THE WEBSITE, OR THROUGH A SITE LINKED BY HYPERTEXT.

FURTHER, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF DESIGN, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, SERVICES, PRODUCTS, OR INFORMATION, WHETHER SUPPLIED BY THE COMPANY OR ANY THIRD PARTY, AND WHETHER AVAILABLE DIRECTLY ON THE WEBSITE OR THROUGH A SITE LINKED BY HYPERTEXT.

COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER(S) USED BY THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY SHALL NOT BE LIABLE FOR ANY USE OR RELIANCE UPON THE WEBSITE OR ITS CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, SERVICES, PRODUCTS, OR INFORMATION, WHETHER SUPPLIED BY THE COMPANY OR ANY THIRD PARTY, AND WHETHER AVAILABLE DIRECTLY ON THE WEBSITE OR THROUGH A SITE LINKED BY HYPERTEXT.

You understand and agree that neither the Company or its  members, shareholders, directors, officers, employees, contractors, agents, and licensors or licensees shall be liable for any breach, incident, claim of liability, or damages related to any special, exemplary, punitive, indirect, multiple, incidental or consequential damages arising out your use or reliance upon the Website, or its content, software, functions, materials, services, products or information, whether supplied by the Company or any third party, and whether available directly on the Website or through a site linked by hypertext, whether based in contract, tort (including, without limitation, negligence) or on any other legal or equitable grounds, even if the party has been advised of the possibility of such breach, incident, claim of liability or damages. If any applicable authority does not allow this disclaimer or the limitation of liability stated herein, in no event shall the Company or any of its  members, shareholders, directors, officers, employees, contractors, agents, and licensors or licensees be liable to you or any of your subsidiaries or affiliates or any of your or their  members, shareholders, directors, officers, employees, contractors, agents, licensors or licensees in the aggregate with respect to any breach, incident, claim of liability, or damages for an amount greater than the total amount you have paid to the Company in the last twelve (12) months.

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF KANSAS, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN APPROPRIATE STATE COURT LOCATED IN JOHNSON COUNTY, KANSAS, OR FEDERAL COURT LOCATED IN WYANDOTTE COUNTY, KANSAS.

MISCELLANEOUS PROVISIONS:

  1. This Agreement constitutes the entire agreement between Company and you with respect to your use of the Website.
  1. The invalidity or unenforceability of any term, provision, or condition of this Agreement shall not affect the validity or enforceability of any other term, provision, or condition hereof. In addition, the term, provision, or condition found to be invalid or unenforceable shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement.
  1. No waiver by the Company of any term, provision, or condition of this Agreement, whether by conduct or otherwise in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such term, provision, or condition, or of any other term, provision, or condition of this Agreement.
  1. The Company may assign this Agreement at any time without notice to you, but you may not assign this Agreement. The Company shall not be liable for any delay or failure to perform its obligations set forth in this Agreement due to any cause or causes beyond its reasonable control.
  1. Unless otherwise specified herein, the rights and remedies of the Company set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to it at law or in equity.
  1. No action arising out of or relating in any way to this Agreement, either in law or in equity, and whether arising out of contract, tort, or any other basis, may be brought by either party more than one (1) year after the cause of action has initially arisen, except that the Company may bring any such action at any time if it arises out of the Company’s proprietary rights.
  1. The headings of the sections of this Agreement are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of this Agreement.
  1. This Agreement is for the benefit of the parties hereto and is not intended to confer any rights or benefits on any third party whatsoever.

This Terms of Use Was Last Updated on January 8, 2015.

Ralph F. Munyan Attorney At Law, LLC Copyright © 2015 All Rights Reserved