INFORMATION ON OUR WEBSITE IS NOT LEGAL ADVICE. Information on our Website does not constitute legal advice and is provided for informational purposes only. You should not rely on any information contained herein in evaluating any specific legal issues you may have. Specific advice of legal counsel is advised before taking any action based on information contained on our Website.
Using Our Website, or Sending us an Email, Will Not Make You A Client
Your use of our Website, or sending us an email through the Website or to one of our attorneys, does not create an attorney-client relationship, create any fiduciary duty, make you a client of us or bind us to you in any contractual or other manner. Until we have agreed to represent you, no information you send us through our Website is privileged or confidential or imposes any obligation on us. Any confidential information you send to us through the Website is at your own risk until we have agreed to represent you. Our Website is meant for informational purposes only and is not meant for the purposes of creating an attorney-client relationship.
We may update information or add features on this Website at any time and from time to time. We may, but are not obligated to, notify you of any changes to the Website. Any of the content on the Website may be out of date at any given time, and we are under no obligation to update such material.
We may withdraw or amend the Website, and any content, functionality, or service we provide on or through the Website, in our sole discretion, without notice. We disclaim liability 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 part of or the entire Website for some or all users.
Intellectual Property Rights
The Website and its contents and functionality (including but not limited to all information, software, text, illustrations, photographs, displays, images, audio and video, the design, selection and arrangement thereof, and any other content and material) are owned by us, our licensors, or other providers of such content and materials and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Your computer may temporarily store copies of such materials 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 or download a reasonable number of copies of any pages of the Website for your own general informational, non-commercial use and not for further reproduction, publication or distribution.
You must not:
Modify copies of any materials from the Website.
Use any illustrations, photographs, displays, images, audio and video sequences or any graphics separately from the accompanying text from the Website.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website unless you have been provided permission through a separate written agreement with us and our licensors as applicable.
The Messerli & Kramer name, logo, Moving What Matters Forward® and all related names, logos, product and service names, designs and slogans, in any form, are our trademarks or those of our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
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 U.S. or other countries).
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate us, our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses 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 us, our employees, or users of the Website or expose us or them to liability.
In any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website.
Additionally, you agree not to:
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, tamper with, damage or disrupt any parts of or access to 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 or disrupt the proper working of the Website or the normal operations of a computer.
Use any robot, spider, data mining 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 or harvesting any email addresses.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Suggestions and Feedback
Any feedback, comments, suggestions, submissions or ideas (“Submissions”) provided by you to us regarding our Website will be our property. Any Submissions that you submit will constitute your assignment to us of all right, title and interest therein and we will have the right to use, reproduce, display, transmit, distribute, modify, sublicense, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize such Submissions anywhere, for any purpose and in any form, through any media or technology now known or later developed, without any compensation, notice, or attribution to you or any other person, and without any limitations.
Links from the Website and Content Provided by Third Parties
If the Website contains links to other websites and resources provided by third parties, such links are provided for your convenience only. We have no control over the contents of those websites 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, which may or may not be posted on those websites and which we are not obligated to provide to you. We do not endorse or verify the accuracy of information on those websites and are not responsible for the contents of any of these third-party resources. The inclusion of such link on this Website does not imply the endorsement, recommendation or approval of that website by us.
Any statements and opinions expressed in content provided by third parties is solely the responsibility of the third party and do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any content provided by any third parties. Any reliance you place on such content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such content by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE AND INFORMATION ON OR OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND ANY INFORMATION ON OR OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY OR OTHERWISE. MESSERLI & KRAMER HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE AND INFORMATION ON OR OBTAINED THROUGH THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, MESSERLI & KRAMER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF (A) MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE; (B) SECURITY, QUALITY, OR AVAILABILITY OF THE WEBSITE; (C) THAT THE WEBSITE, ITS CONTENT, FUNCTIONALITY, OR ANY INFORMATION OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THAT THE WEBSITE OR INFORMATION OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS; (E) THAT THE WEBSITE OR ANY CONTENT OR MATERIAL ON THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT; OR (F) THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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 MATERIAL, CONTENT OR INFORMATION OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Limitation on Liability
IN NO EVENT WILL MESSERLI & KRAMER, ITS AFFILIATES OR THEIR RESPECTIVE PARTNERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, LICENSORS, SERVICE PROVIDERS OR VENDORS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES, LOSSES OR LIABILITY OF ANY KIND, UNDER ANY LEGAL THEORY WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY EVEN IF WE ARE ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR LIABILITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR WEBSITE OR ANY CONTENT ON WEBSITES LINKED TO OUR WEBSITE, OR ANY SUBMISSIONS SUBMITTED BY YOU THROUGH OUR WEBSITE, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, EVEN IF FORESEEABLE.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS DETERMINE TO BE UNENFORCEABLE FOR ANY REASON, MESSERLI & KRAMER’S AGGREGATE LIABILITY FOR DAMAGES, LOSSES OR LIABILITIES SHALL NOT EXCEED $100.00 IN THE AGGREGATE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction.
WAIVER OF JURY TRIAL/RIGHT TO BRING A CLASS ACTION LAWSUIT
Waiver and Severability.
By email: Through the “Contact Us” portion of our Website
By mail to: Messerli & Kramer P.A.
1400 Fifth Street Towers
100 South Fifth Street
Minneapolis, MN 55402-1217
Attn: Marketing Department
Effective: November 15, 2017