Terms of Use

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Terms of Use 2015-03-05T20:23:52+00:00

Project Description

These Terms of Use (“Terms”) constitute a binding agreement between you and Shrum & Associates, a Tennessee law firm, and governs your use of barryshrum.com, lawontherow.com, musicattorney.biz, shrumlaw.com and their affiliates or affiliated website and social networks, including but not limited to Twitter, Facebook, Linkedin and Instagram (collectively, the “Site,” or “us” or “we”) and the content, products and any and all services offered through the Site (collectively, the “Services”).  By accessing, viewing or using the Site or the Services, you represent and warrant that you are at least the age of majority in you’re the jurisdiction in which you live and can legally consent to be bound by and subject to these Terms.   If you do not agree to these Terms, you should not check or click on, or otherwise agree to, these Terms, and you should immediately leave this page and not access or use the Website or any other Services. Upon our request, you agree to sign a non-electronic version of these Terms.

The Site reserves the right to change the Terms at any time and for any reason. Updated versions of the Terms will be posted to the Site at this specific location and you should visit this page periodically to keep apprised of any changes.  By continuing to use the Site or the Services after any such change, you accept and agree to the modified Terms. The Site reserves the right to modify or discontinue, temporarily or permanently, the Site, any site features, benefits (including without limitation blocking or terminating your Account), rules or conditions, all without notice, even though such changes may affect the way you use the Site. You agree that the Site will not be liable to you or any third-party for any modification or discontinuance of the Site or the Services.

Services:

The Site features information about various services provided by the law firm of Shrum & Associates (the “Firm”), including ongoing, past or one-time clients of the firm such as celebrities, sports figures, businessmen and women, venture capitalists, and other recognizable and high profile individuals (the “Clients”) and explains how you may select an attorney and arrange a business meeting for the purposes of engaging legal representation.  You agree and acknowledge that the identification and listing of Clients on the Site does NOT necessarily constitute an endorsement, nor does it mean that the Client is in an active engagement of the Firm for ongoing legal matters, nor is it an offer to enter into a binding engagement with you.  Rather, their listing on the Site is an “offer to treat” as that phrase is interpreted in common law, seeking solicitation of offers from you, the acceptance of which may ultimately be consummated in a written contract of engagement between you and the Firm, but until that engagement is consummated between you and the Firm, no legal advice is given or offered on the Site, nor is there any attorney-client privilege created by your use of the Site or your inquiries or communications with the Firm.  The engagement of legal services with any of our attorneys is your sole responsibility and the Site and the Firm disclaims any role or responsibility in that regard.  Neither the Firm nor the Site endorses the opinions of the Clients, nor is it liable for any type of damages you may suffer as a result of any reliance on any of the endorsements, comments or statements of the Client on the Site.  Your hereby agree to hold the Site, the Firm, and their affiliates harmless from any and all damages which may be caused by your reliance on any statements arising therefrom or otherwise contained on the Site.

User Relationship:

By use of the Site, you generally agree to comply with all applicable laws, statutes, regulations, and ordinances.

Support and Communications

The Site provides answers to most User questions about our services.  Should you wish to obtain additional information, you may contact us directly. Communications are primarily conducted by e-mail with responses within 2-4 business days. You can reach us by email at info@barryshrum.com.

Termination of Access:

The Site has the right terminate your access for any reason if we believe you have violated these Terms in any manner. You agree not to hold the Site liable for such termination, and further agree not to attempt to use the Site after termination.

No Third Party Beneficiaries:

You agree that, except as otherwise provided in this Terms of Use, there shall be no third party beneficiaries to these Terms.  You agree to hold the Site harmless and indemnify the Site from any liability it incurs from you or a third party as a result of your use of the Site or the Services.

Copyright and Trademarks:

 Please feel free to browse the Site. The content provided through the Site and the Firm, or provided by the Clients, including without limitation, trademarks, service marks, logos, services, images, text, data, software, manuscripts, graphics, photographs, music, sounds, videos, interactive features, blogs, posts, feedback, messages, tags, illustrations, and other materials (collectively “Content”), all of which may be protected by copyrights, trademarks, service marks, patents or other proprietary rights which are generally owned by or licensed to the Site, and in some instance may be owned by the Client or other parties who have posted on the Site, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Unless otherwise indicated, Content from the Site and from any other web site owned, operated, controlled, or licensed by the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.  Except as otherwise noted, all content of the Site is:

Copyright © 1999-2015 Barry Neil Shrum, Esq., All Rights Reserved

You may download or make single copies of materials displayed on the Site for your own personal and noncommercial use, but all copies shall retain the copyright, trademark and other proprietary notices displayed with the materials on the Site.

You agree to not engage in the use, copying, or distribution of any Content other than as expressly permitted herein.  You agree not to circumvent, disable or otherwise interfere with security related features of the Site or the Services or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Site or the Services.  We or our licensors retain all intellectual and proprietary rights in and to the Site, Content and the Services, except as expressly provided herein.

No right is granted to you herein to use any of the Content, except that you may make fair use of the Content in news, advertising and promotional materials, and in referring to our products and services (for example, in a consumer magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution. Any other uses require prior written permission from the Site. Please make such requests by e-mail at Info@barryshrum.com. We will evaluate your request and respond as soon as possible.

Notification of Infringement

The Site respects the intellectual property of others, and we ask visitors to the Site to do the same.  If you believe that your work has been copied or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to a designated Site Copyright Agent:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

 

  • A description of the copyrighted work or other intellectual property that you claim has been infringed;

 

  • A copy of the registration certificate for the copyright work or other intellectual property;

 

  • A description of where the material that you claim is infringing is located on the Site;

 

  • Your name, address, telephone number and e-mail address;

 

  • A signed 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; and

 

  • A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

 

Our copyright agent can be reached as follows:

 

Shrum & Associates

Attention: Copyright Agent

144 2nd Avenue North

Suite 157

Nashville, Tennessee 37201

 

Email: abuse@barryshrum.com.com

 

Please put “Copyright Infringement” in the subject line.

 Release

 

The Site assumes no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions or advice in any material contained on the Site or offered directly by a Client, whether online or in person. In addition, it does not endorse any opinions or recommendations posted by others, nor those of any Client. Any information posted on or through the Site or through your communication with the Firm is your responsibility and any information provided by the Client is their responsibility.  Your dealings with others through the Site are solely between you and such other parties. Under no circumstances will the Site be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto.

 

You acknowledge, consent and agree that the Site may access, preserve and disclose any information you willingly upload, post, or otherwise make available on the Site for any reason, or if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) comply with legal requirements imposed by Federal, State or Local law or authorities (iii) enforce these Terms; (iv) respond to claims that any Content violates the rights of third parties; (v) respond to your requests for customer service; or (vi) protect the rights, property or personal safety of the Site, its users and the public.

 

Disclaimer of Warranties for Site:

 

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. THE SITE SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THESE CLASSIFIEDS. THE SITE 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, TITLE AND NON-INFRINGEMENT. THE SITE MAKES NO WARRANTY THAT USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, WITHOUT DEFECT OR ERROR FREE. THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

 

YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

Use of Services; Assumption of Risk   

 

YOU FULLY ASSUME ALL RISK OF LOSS AND RISK OF PERSONAL HARM ARISING OUT OF YOUR USE OF THE SITE, including but not limited to, any online or offline communications and personal interactions with the Site or the Clients.  It is your responsibility to take all advisable and necessary precautions when interacting with individuals you meet or come into contact with through the Site or the Services.

 

Limitation of Liability:

 

The information, services and products available to you on this Site may contain errors and are subject to periods of interruption. While the Site does its best to maintain the information, services and products it offers on the Site, it cannot be held responsible for any errors, defects, lost profits or other consequential damages arising from the use of the Site.

 

IN NO EVENT SHALL THE SITE OR ITS AFFILIATES, OWNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SPONSORS, SUPPLIERS, OR PARTNERS (COLLECTIVELY “INDEMNIFIED PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM OR IN ANY WAY CONNECTED OR RELATING TO (i) THE USE OF (OR INABILITY TO USE), OR PERFORMANCE OF THIS SITE, (ii) ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS SITE, OR (iii) ANY MEETING WITH AN ATTORNEY, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST, ANY ACTIONS TAKEN BY YOU OR BY ANY PERSON AUTHORIZED TO USE YOUR ACCOUNT, INCLUDING WITHOUT LIMITATION, DISCLOSURE OF PASSWORDS TO THIRD PARTIES. BY USING THE SITE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY AND ALL LIABILITY REGARDING YOUR USE OF THE SITE OR PARTICIPATION IN ANY SITE’S ACTIVITIES.

 

IF YOU ARE DISSATISFIED WITH THE SITE, THE MEETING WITH AN ATTORNEY, OR ANY PORTION THEREOF, OR DO NOT AGREE WITH THESE TERMS, YOUR ONLY RECOURSE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING THE SITE.

 

If you are a California resident, you waive any rights you may have under California Civil Code § 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

 

Indemnity

 

You agree to indemnify and hold harmless the Indemnified Parties from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, the violation of these Terms by you, or the infringement by you, or other users of the Site using your computer, of any intellectual property or other right of any person or entity. The Site reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

 

Jurisdiction and Choice of Law

 

This Site shall be governed by the laws of the United States, including federal copyright and trademark laws, and with the laws of the State of Tennessee applicable to contracts entered into and to be wholly performed therein, without regard to its choice of law provisions. By visiting the Site, you consent to the jurisdiction of the federal and state courts presiding in New York and you agree to accept service of process by mail. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.  Any action you or any third party may bring to enforce these Terms, or in connection with any matters related to the Site, shall be brought only in either the state or Federal courts located in New York, and you expressly consent to the jurisdiction of said courts. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

Force Majeure

 

Notwithstanding any other provision contained in these Terms and Conditions, in the event that the performance of any obligation of the Site is prevented due to acts of God, exchange controls, export or import controls, or any other government restriction, wars, hostilities, blockades, civil disturbances, revolutions, strikes, lockouts, or any other cause beyond the reasonable control of the Shark Branding Inc. or the Site, then the Site shall not be responsible to you for any failure or delay in the performance of its obligations. the Site shall promptly notify you of such force majeure condition. The terms of this clause shall not exempt, but merely suspend, the Site from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.

 

Headings

 

The headings of each of these Terms and Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.

 

No Assignment

 

You may not assign your rights or obligations under this Agreement without the prior express written consent of the Site.

 

 

 

General

 

These Terms constitute the entire agreement between you and the Site and govern your use of the Site, superseding any prior agreements between you and the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, or visit another site linked to by this Site. The section titles in these Terms are for convenience only and have no legal or contractual effect.

 

Severance and Waiver

 

You acknowledge and agree that if any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.

 

The Site’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Site.

 

Complete Understanding

 

These Terms and Conditions constitute the entire understanding between Shrum & Associates and you with respect to the Site.

 

BY USING THE SITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS AND ANY SUBSEQUENT MODIFICATIONS. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL.

 

For more information about Shrum & Associates or Barry Shrum, or if you have any questions about our Terms and Conditions, please contact us by e-mail Info@barryshrum.com

 

We would be happy to answer your questions or hear your concerns.

 

Updated March 5, 2015

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