Effective: February 14, 2019.
Last Updated: February 14, 2019.
By submitting information to our firm or using our website in any way does not mean that you have engaged or otherwise retained our firm as legal counsel. Only a written document provided to you by our firm describing our representation and executed by a member (partner) attorney at our firm will establish an agreement by our firm to provide you legal services.
Website Content. Website content, including, but not limited to, blog postings and hosted comments, are available for general educational purposes only and should not be used to assess a specific legal situation. Nothing posted on our website is intended, nor should be construed, as legal advice. The presence of hyperlinks to other third-party websites does not imply that the firm endorses those websites, their contents, or the activities or views of their owners.
Improper Use of Website. You agree to use our website in accordance with, and only as permitted by, applicable law, and specifically agree not to use our website in any way that causes, or may cause, damage to our website, or in any way that is illegal, fraudulent, or harmful, or in connection with any activity that is illegal, fraudulent or harmful. You further agree not to circumvent any technological measure implemented by us to restrict the manner which our website is used or accessed by you or others.
Unauthorized Access. Although we have taken precautions to minimize the risk of unauthorized access to our website, we cannot guarantee unauthorized third parties will not be able to defeat our preventative measures. You hereby agree and acknowledge that you provide all information on and through our website at your own risk.
Moderation of Website. We have the right, but not the obligation, to regulate content stored on our website or provided to us by anyone; to regulate the conduct of anyone on our website; and to enforce these Terms in any way and at any time. We also have the right to limit, modify, interrupt, suspend or discontinue all or any portions of our website at any time without notice. We and our Indemnitees shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.
Third-Party Links. Our website may contain links to websites operated by other people or companies that are not controlled by us. We have no responsibility or liability for the policies, activities or content of these other websites. If you access any third-party website you do so at your own risk and you agree that we will have no liability arising from your use of any third-party website, service or content.
Our IP Rights. All technology, content, intellectual property, and other information included on our website is protected by United States and international intellectual property laws and is owned by or licensed to us. We do not grant you any express or implied rights or licenses under any intellectual property rights or other proprietary rights. We reserve all other rights, and no other rights are granted by implication or otherwise. You agree to not use, modify, reproduce, distribute, sell, license, or otherwise exploit our intellectual property without our written permission.
Your Limited License. When you use our website, we provide you with a worldwide, nonexclusive, nontransferable, revocable, limited license to access and view our website, which we may terminate at any time, for any reason, and with or without notice to you. Any attempted transfer or assignment of this license shall be null and void. This license is subject to your full compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. When you submit content to or through our website you promise that it is not violating anyone’s rights. You understand and agree that you may be exposed to content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
Our Trademarks. We shall retain all rights, title, and interest to “McClanahan Powers” and its affiliated logos and designs. You shall not engage in any deceptive, misleading or unethical trade practice or advertising, or any other conduct or activity that tends to mislead, deceive or defraud the public, or to adversely affect the good name or reputation of us or the goodwill in any of our trademarks and affiliated logos and designs.
Stock Photo Disclaimer. Some photographs displayed on our website are licensed to us from someone else and may depict persons who are models which are neither attorneys nor staff members of our firm.
Indemnification. You agree to indemnify and hold us and our attorneys, staff, officers, members, managers, employees, licensees, licensors, contractors, agents, legal representatives, successors, heirs, executors, and assigns (“Indemnitees”) harmless against (a) any and all damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or related to: (a) your breach or alleged breach of any representation, warranty, covenant or other obligation set forth in these Terms; (b) your own conduct or activities on, through or related to our website; (c) content that you post or transmit; (d) your use of or reliance on any content on our website; (e) infringement, or alleged infringement of any rights of any party based on your actions; and (f) any claim or representation made or allegedly made by you in any content or comment furnished or used by you, and shall defend us and our Indemnitees against any and all third party claims, suits or demands that are subject to the above indemnity.
Indemnitees. Although our Indemnitees may moderate content, conduct and compliance with these Terms related to our website, they have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of us will “take care” of any alleged problem or complaint, or that they or anyone else on behalf of us will otherwise stop, cure or prevent any problem, content, conduct or purported violation of these Terms from occurring or recurring.
WARRANTY DISCLAIMER. YOUR ACCESS TO, USE OF AND RELIANCE ON THE CONTENT ACCESSED THROUGH OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK. OUR WEBSITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.
LIMITATION ON LIABILITY. WE AND OUR INDEMNITEES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON THE CONTENT ACCESSED THROUGH OUR WEBSITE BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO THE CONTENT ACCESSED THROUGH OUR WEBSITE, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE OR ANY OF OUR INDEMNITEES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF THE CONTENT ACCESSED THROUGH OUR WEBSITE; ANY INABILITY TO ACCESS OR USE THE CONTENT ACCESSED THROUGH OUR WEBSITE; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE CONTENT ACCESSED THROUGH OUR WEBSITE. IN NO EVENT SHALL OUR OR OUR INDEMNITEES’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100 USD).
Choice of Law. These Terms shall be construed in accordance with, and governed in all respects by, the internal laws of the Commonwealth of Virginia (without giving effect to principles of conflicts of laws).
Confidentiality. You and we agree that all arbitration proceedings shall be private and confidential, and further agree not to issue any press release or public announcement with respect to any arbitration proceeding or any court action taken to enforce the arbitrator’s award, including, without limitation, the fact that the arbitration or a court action is being conducted, or disclose any aspect thereof, including any testimony, discovery and any documents filed in the course of such proceedings, except to the arbitrator and his/her staff, the parties’ attorneys and their staff, any experts retained by the parties, and to the court as necessary to enforce the arbitration award, provided that at the request of either party, the parties shall cooperate in seeking a protective order with respect to any such information disclosed to the court.
Injunction. Nothing in these Terms, or otherwise, shall prevent us from seeking or obtaining preliminary injunctive or other provisional relief for the purpose of preventing irreparable injury, loss or damage pending a final resolution of the dispute, claim or controversy according to such dispute resolution provisions. You agree that the state and federal courts located in Fairfax County in the Commonwealth of Virginia shall have exclusive jurisdiction of any request by us for injunctive relief, and you irrevocably agree to submit to the jurisdiction of such courts for such purpose.
Severability. You acknowledge, and we affirm, that it is the intent of both us and you that the provisions contained in these Terms should be enforced. If any term or other provision, or part of any provision of these Terms, is found to be invalid, illegal, or incapable of being enforced by any rule or law, or public policy, the provision, or any part of it, shall be severed from these Terms and all other conditions and provisions shall remain in full force and effect.
Entire Understanding. These Terms constitute the entire agreement between you and us and supersedes any prior written or oral agreement, unless you are engaged as a client of our firm, when in such case, the written engagement letter executed by you shall supersede these Terms. Other than our Indemnitees (who are expressly included as named third-party beneficiaries of these Terms), there are no third-party beneficiaries to these Terms. You also understand and agree that any action or inaction by us or any of our Indemnitees to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these Terms is undertaken voluntarily and in good faith, and you expressly agree that neither us nor any of our Indemnitees shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these Terms.
Waiver. The waiver by us of a default or breach of any provision of these Terms shall not operate or be construed as a waiver of any subsequent default or breach of the same or of a different provision. No waiver or modification of these Terms or of any covenant, condition, or limitation contained in these Terms shall be valid unless in writing and executed by an officer of our firm. Failure of us to insist upon strict compliance with any of the terms, covenants or conditions in these Terms shall not be deemed a waiver of such terms, covenants and conditions.