TERMS OF USE (“TOU”)

DEFINITIONS.

“Viewer” includes any individual or entity that views, prints, distributes or otherwise uses the contents of this website whether in electronic or printed form. “NLO” shall mean Neustel Law Offices, LTD. “Web Site” shall include any information contained upon www.neustel.com, any website that mirrors the content of www.neustel.com or any website that links to this Terms of Use (“TOU”).

ACCEPTANCE OF TERMS.

BY ACCESSING AND USING THIS WEBSITE, YOU ACCEPT, AGREE TO AND WILL BE DEEMED TO BE BOUND BY THE CURRENT VERSION OF THE TERMS OF USE PUBLISHED ON THE WEBSITE. If you do not agree to be bound by the TERMS OF USE, you are not to view, print, distribute, or utilize the website. You hereby acknowledge that any reliance upon any content, information or other material on this website shall be at your sole risk. WE RECOMMEND SEEKING INDEPENDENT LEGAL COUNSEL BEFORE AGREEING TO THE TOU.

NOT LEGAL ADVICE.

The materials on this website are intended to provide general information and should not be relied upon for specific legal advice. Legal counsel should be consulted regarding questions and issues of protection or infringement of rights, so as to avoid possible loss of rights or infringement of the rights of others. 

NO ATTORNEY-CLIENT RELATIONSHIP.

Viewer understands and agrees that no attorney-client relationship shall be created or exist between Viewer and any agent, employee, owner or officer of NLO BY MERELY VIEWING THIS WEBSITE OR COMMUNICATING WITH NLO (e.g. telephone, fax, e-mail). Viewer understands that all communications through e-mail, telephone, or other means of communication to any agent, employee, owner or officer of NLO may not be protected by the attorney-client privilege and therefore may be discoverable in a court of law.

COMMUNICATIONS.

Viewer understands and agrees that NLO is not obligated to respond to, review or retain unsolicited written or electronic communications received from any Viewer without providing notice to Viewer. Viewer understands and agrees that NLO may, in its sole discretion, respond to or discard such communications on a case by case basis. If Viewer does not receive a response to a communication sent to NLO within 2 hours, Viewer is strongly advised to immediately seek legal counsel elsewhere.

“AS IS” OF INFORMATION.

VIEWER UNDERSTANDS AND AGREES THAT THE SERVICE PROVIDED BY NLO IS PROVIDED “AS-IS” AND THAT NLO ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR THE FAILURE TO STORE, UPDATE, OR PROVIDE ANY CONTENT OR OTHER SUBJECT MATTER ON THIS SITE. Information on this website may contain inaccuracies or typographical errors. Information may be changed or updated without notice. Since laws sometimes change, the information on this website is not guaranteed to be accurate. There is no guarantee that the information on this website is current or complete.

EXTERNAL LINKS.

NLO may not regularly review materials posted on linked sites and does not necessarily endorse or sponsor the materials appearing on linked sites. NLO may provide links to other World Wide Websites or resources. Because NLO has no control over such sites and resources, Viewer acknowledges and agrees that NLO is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. Viewer further acknowledges and agrees that NLO shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

DISCLAIMER OF WARRANTIES.

VIEWER EXPRESSLY UNDERSTANDS AND AGREES THAT:
  1. YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NLO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

  2. NLO MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE.

  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NLO SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

LIMITATION OF LIABILITY.

VIEWER EXPRESSLY UNDERSTANDS AND AGREES THAT NLO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NLO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (iv) ANY OTHER MATTER RELATING TO THE WEBSITE.

EXCLUSIONS AND LIMITATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNITY.

You agree to defend, indemnify and hold NLO, and its subsidiaries, affiliates, officers, employees, agents, co-branders or other partners, harmless from any action, claim, proceeding, demand, cost or expense, including reasonable attorneys’ fees, from a third party due to or arising out of your use of the website, your violation of the TOU, or your violation of any rights of another.

BINDING ARBITRATION.

Any controversy or claim arising out of or relating to the website or the TOU, or the breach thereof, between NLO and Viewer shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association in Fargo, North Dakota. The judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

TRADEMARK INFORMATION.

Neustel Law Offices, www.neustel.com, and the NLO design logo are trademarks of NLO (the “NLO Marks”). You agree not to display or use the NLO Marks in any manner without first obtaining written permission of an authorized representative of NLO.

REPRODUCTION OF CONTENT.

Viewer understands that the content upon the NLO website is protected by United States and International copyrights. Viewer agrees not to reproduce, distribute, duplicate, retransmit, copy, sell, resell or exploit for any commercial purposes, any portion of the website without the prior permission of NLO. Notwithstanding the foregoing, NLO grants the right to download website materials for personal non-commercial use.

NO GRANT OF LICENSE.

Nothing on this website or on any NLO site, or your use of the website, shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of NLO, its affiliates or any third party, whether by estoppel, implication or otherwise.

COPYRIGHTS AND COPYRIGHT AGENTS.

NLO respects the intellectual property of others, and we ask all Viewers and contributing writers to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide NLO with the following information:
  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
NLO’s Copyright Agent for notice of claims of copyright infringement is Michael S. Neustel, who can be reached as follows:

Michael S. Neustel
Neustel Law Offices, LTD
2534 South University Drive, Suite No. 4
Fargo, North Dakota 58103

GOVERNING LAW.

The TOU and the relationship between Viewer and NLO shall be governed by the laws of the State of North Dakota without regard to its conflict of law provisions.

SECTION TITLES OF TERMS OF USE.

The section titles in the TOU are for convenience only and have no legal or contractual effect.

ENTIRE AGREEMENT.

The TOU constitutes the entire agreement between Viewer and NLO and governs the entire usage and viewing of the website, superceding any prior agreements between Viewer and NLO. No subsequent alteration, amendment, change or addition to the TOU shall be binding upon either party unless published upon the NLO website at https://www.neustel.com/tos.htm or agreed to in writing between the respective parties.