Terms & Conditions

These terms and conditions (“Terms and Conditions”) are entered into by and between you and Phillips Lytle LLP. Your use of the Phillips Lytle LLP (“we,” “us” or “our”) website, www.phillipslytle.com (“Website”), and/or downloading/using any material, information, software or services available thereon (collectively, “Content”) is subject to the following terms and conditions. By accessing the Website, you acknowledge that you have read and accept these terms and conditions and our Privacy Policy (found at https://phillipslytle.com/privacy-policy/), and agree to be bound and abide by these terms and conditions and Privacy Policy. These Terms and Conditions and the Privacy Policy constitute the sole and entire agreement between you and us regarding the subject matter contained in these Terms and Conditions and Privacy Policy and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

1. Attorney Advertising

The Website is not intended to be an advertisement or solicitation, but may be deemed an advertisement in certain jurisdictions. For purposes of compliance with New York State Bar rules, our headquarters are Phillips Lytle LLP, One Canalside, 125 Main Street, Buffalo, NY 14203, (716) 847-8400, Email: info@phillipslytle.com.

PRIOR RESULTS DO NOT GUARANTEE A FUTURE OR A SIMILAR OUTCOME.

2. Intellectual Property

“Phillips Lytle” is the business name for the legal practice carried on by Phillips Lytle LLP (a New York limited liability partnership). “Phillips Lytle” and the associated logo (collectively, the “Mark”) is a registered trademark belonging to us. You must not use the Mark without our prior written permission.

The Website and the Content are protected by the copyright laws of the United States and other jurisdictions. All alerts, newsletters and other marketing materials on this site are our copyrighted materials. You are permitted to download one copy of this material for your own personal and noncommercial use. You may not otherwise copy, reproduce (in whole or in part), republish, download, post, broadcast, transmit or otherwise make available to the public any of our Content except with our prior written permission.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or Content in breach of the terms of use, your right to use the Website and Content will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any Content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these terms of use is a breach of these terms of use and may violate copyright, trademark and other laws.

3. Disclaimers

We make the Website available to you for educational purposes only and to provide general information not to provide specific legal advice or a legal opinion. By using the Website, you understand that there is no attorney-client relationship between you and us. The Website should not be used as a substitute for competent legal advice or a legal opinion from a licensed professional attorney in your state.

Do not send confidential information to us until you speak with one of our lawyers and receive our authorization to send confidential information to us. Providing any information to us (via e-mail links or via contact forms on the Website or otherwise) will not create an attorney-client relationship in the absence of an express agreement by us to create such a relationship and will not prevent us from representing someone else in connection with the matter in question or a related matter.

Third-party resources that can be accessed with hypertext links from the Website are not under our control, and we are not responsible for the contents of any of these third-party resources. The third-party hypertext links presented on the Website are provided for your convenience only. The inclusion of any link on the Website does not imply any recommendation, approval or endorsement of that site by us.

The Website, the Content, and all information available on or accessed through the Website, are provided “as is.” We make no warranties, representations or claims of any kind concerning the Website, the Content, or any information presented on or through the Website. To the extent permitted by the law and any rules of professional responsibility in the applicable jurisdiction, we disclaim liability for any lost profits or income, lost business, or lost data, or for any consequential, indirect, exemplary, punitive, special or incidental damages arising from or relating to the Website and Content.

4. Authorized Jurisdictions; Certifications

While we practice law in the jurisdictions in which our offices are located as well as other jurisdictions, each of our attorneys is licensed to practice only in those jurisdictions set forth in that attorney’s biography on the Website. Except as specifically stated, each of our attorneys is not certified (including as a specialist) by any professional or government authority. The listing of our attorneys in practice groups is not intended to indicate any professional or governmental certification.

5. Prohibited Uses

You will not use the Website in violation of any applicable local, state, national or international law, rule, regulation or ordinance. Without limiting the foregoing, you will not use the Website or the Content in connection with (a) the infringement of intellectual property rights including, but not limited to, our rights in our marks and our articles, newsletters and alerts; (b) the unauthorized transmission of unsolicited commercial electronic mail; (c) the transmission of defamatory materials; (d) fraud; or (e) any commercial purposes. You will not violate, attempt to violate, or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of the Website.

6. Changes to the Terms of Use

We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

7. Miscellaneous

You agree that any dispute arising out of or in connection with the Website, these Terms and Conditions, or the Phillips Lytle Privacy Policy will be governed by the laws of the State of New York without reference to conflict of laws principles that would require the application of the laws of any other jurisdiction, and you submit to the exclusive jurisdiction and venue of the state and federal courts located in Erie County, New York. You irrevocably and unconditionally waive any objection to the laying of venue of any suit, action or proceeding in such courts, and irrevocably waive and agree not to plead or claim in any such court that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. In the event that you gain access to information not intended to be accessed by you, you agree that you will immediately notify us and lawfully destroy all copies of such information in your possession. No waiver by us of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.