Terms of Use

West Hill Technology Counsel, Inc.
Last updated:  September, 2015

These Terms of Use state the terms and conditions under which you may use the Web site located at www.westhillcounsel.com and all content (including data, text, reports, and other materials) made available therein. Please read these Terms of Use carefully.  By accessing, browsing and/or using the West Hill Technology Counsel Web site and its content, you acknowledge that you have read, understood and agree to be legally bound by these Terms of Use.

West Hill Technology Counsel reserves the right to change these Terms of Use at any time and from time to time without prior notice to you. You should check these Terms of Use, available through a link on all of the West Hill Technology Counsel Web site’s pages, each time you use the site to determine if any changes have been made. If you use the West Hill Technology Counsel Web site after amended Terms of Use have been posted, you will be deemed to have agreed to the amended Terms of Use.

1. Legal Information

The West Hill Technology Counsel Web site provides information about our firm and certain topics that we feel users of the Web site may find of interest. The attorneys listed on the Web site are generally admitted to practice in Massachusetts, New York and/or Connecticut. The law as applied to your particular facts and circumstances may differ from jurisdiction to jurisdiction. You should not rely on the content on this Web site in evaluating your own particular situation.  Before you make any decision that may have legal implications, you should consult with a qualified legal professional for specific legal advice tailored to your situation.  This information may be considered advertising under the rules of professional conduct applicable to our legal practice. Any prior results described on this Web site do not guarantee a similar outcome.

2. Communication

Your use of the West Hill Technology Counsel Web site is not an invitation to enter into and does not create an attorney-client relationship. Please do not send us confidential information without first receiving permission to do so from one of our attorneys. Otherwise, the information that you convey to West Hill Technology Counsel may no longer be deemed confidential and may, among other things, be subject to discovery by third parties.

3. Links to Other Web Sites

The West Hill Technology Counsel Web site may periodically provide links to third-party Web sites.  Our decision to link to a third-party Web site is not an endorsement of the content or services in that linked third-party Web site. West Hill Technology Counsel does not control these third-party Web sites and expressly disclaims any responsibility for the content, the accuracy of the information and any products or services available on such Web sites. If you decide to access linked any third-party Web site, you do so at your own risk. You should direct any concerns regarding any third-party Web site to the administrator of the applicable third-party Web site. You should also refer to the separate terms of use, privacy policies and other rules posted on third-party Web sites before you use them.

 

4. Compliance with Laws

By accessing or using the West Hill Technology Counsel Web site, you agree to comply with all laws, rules and regulations implemented by any government authority or agency which govern or apply to the operation and use of this Web site. Without limiting the generality of the foregoing, you expressly agree not to export or re-export any of the content contained in this Web site to countries or persons prohibited under the export control laws of the United States. West Hill Technology Counsel makes no representation that the content on this Web site is appropriate or available for use outside the United States. If you have chosen to access this Web site from outside the United States of America, you do so at your own initiative and risk, and you are responsible for compliance with your local laws, if and to the extent, local laws are applicable.

 

5. Disclaimer of Warranties and Limitation of Liability

WEST HILL TECHNOLOGY COUNSEL, INC. MAKES NO WARRANTIES IN THESE TERMS OF USE, ON THE WEB SITE OR IN THE CONTENT ON THE SITE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, IN NO EVENT SHALL WEST HILL TECHNOLOGY COUNSEL, INC., BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE OR OTHER DIRECT OR INDIRECT DAMAGES OR FOR LOST PROFITS OR LOSS OF USE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE CONTENT CONTAINED ON THIS WEB SITE. ALL CLAIMS FOR SUCH DAMAGES ARE HEREBY SPECIFICALLY WAIVED, EVEN IF WEST HILL TECHNOLOGY COUNSEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Limitation on Actions

All questions concerning the construction, validity, and interpretation of these Terms of Use and the performance of the obligations imposed by these Terms of Use shall be governed by the law of the State of Massachusetts without regard to its conflicts of laws provisions.   Any and all disputes arising out of or related to these Terms of Use including, without limitation, questions concerning the construction, enforceability, validity, and interpretation of these Terms of Use shall be resolved by arbitration before three neutral arbitrators administered by the American Arbitration Association in Boston, Massachusetts, in accordance with its Commercial Arbitration Rules, as then in effect.  Notwithstanding the foregoing, West Hill Technology Counsel shall be entitled to seek and obtain provisional or ancillary remedies such as injunctive or equitable relief from a court of competent jurisdiction before, during or after the pendency of any arbitration. The cost of the arbitration shall be borne equally by the parties (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator).

In the event that any of the provisions of these Terms of Use is held to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of these Terms of Use shall remain in full force and effect. These Terms of Use contain the entire agreement of the parties concerning your use of this Web site and supersede all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.