Welcome to the Brownstein Hyatt Farber Schreck, LLP (“Firm”) website at www.bhfs.com (“Website”). By accessing or using the Website, you agree to be bound by the following Terms of Use. If you do not wish to be bound by these Terms of Use, you may not access or use the Website.
As a visitor to the Website, your privacy is important to us. Please review our Privacy Policy to learn how we may collect and use information when you use our Website. To the extent additional rules or guidelines affect your use of the Website, those rules and guidelines (including our Privacy Policy) are hereby incorporated by reference into these Terms of Use.
Legal Services and Attorney Client Relationship
This Website, including the material presented on the Website, is for informational purposes only. It is not intended to be and is not considered to be legal advice. Transmission of information to you from this Website or receipt of documents or messages from you through this Website does not create or establish an attorney-client relationship between you and the Firm, nor is the information you provide through this Website considered private or privileged. You should not rely on this Website as a source of legal advice. Legal advice of any nature should be sought from legal counsel.
Content
We make no representations or warranties, express or implied, with respect to the information provided on this Website, whether provided by the Firm, our employees, contractors, or other parties. The Firm assumes no liability or responsibility for any errors or omissions in content on the Website or sent to you as a result of your subscriptions on the Website. We may periodically add, update and delete content from this Website without notice.
Attorney Credentials
Unless otherwise indicated in individual attorney biographies on our Website, lawyers resident in the Firm's various offices are not certified by the Board of Legal Specialization or a similar body of any state in which we provide our services. The State Bar of Nevada does not certify any lawyer as a specialist or expert. Neither the State Bar of Nevada nor any agency of the State Bar has certified any lawyer identified in this Website as a specialist or as an expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability.
Third Party Sites and Services
Although we hope that you will find the material on this Website informative, the material and links to third-party websites and resources that may be included on this Website are provided for informational purposes only. Our Website may also feature certain services provided by third parties. The Firm’s use of third party content or services on our Website, or our links to third party content or services, should not be interpreted as endorsement or approval by the Firm of the organizations providing these sites or their content, products or services. You acknowledge and agree that we are not responsible for, and we make no representations or warranties, express or implied, regarding any third-party site, or any services provided by third parties on our Website or via links to other sites, including any representations or warranties as to accuracy or completeness. You further acknowledge that any reliance on representations and warranties provided by any party other than the Firm will be at your own risk. You expressly agree to hold us harmless for any claims of damage arising from any content, product or service provided by any third party.
Links to the Website and RSS Feeds
Unless otherwise prohibited under these Terms of Use, you are granted a license to create hyperlinks to content on the Website, provided that the hyperlink accurately describes the content as it appears on the Website. You are further granted a license to implement the RSS feeds offered by our Website, for personal, noncommercial uses only. Display of the RSS feed articles is limited to the content provided through the RSS feed and must link directly to the article on the Website without requiring any additional clicks. When a page of our Website is accessed from a link (including RSS feeds) featured on your website, each page within our Website must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on our page.
Proprietary Rights
You acknowledge and agree that content contained in the Website or information presented to you through the Website may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Brownstein Hyatt Farber Schreck is a service mark of Brownstein Hyatt Farber Schreck, LLP. All other trademarks are the property of their respective owners.
Restricted Activities
Except as expressly authorized by the Firm, you agree not to modify, distribute, copy, reproduce or create derivative works, or exploit for any commercial purpose, any content or materials or any portion of the Website, in whole or in part. In addition, you agree that you will not (i) use the Website to allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (ii) use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Website or monitor or copy our web pages or the content contained thereon; (iii) frame the Website, place pop-up windows over its pages, or otherwise affect the display of its pages; or (iv) interfere with or disrupt the Website or services or networks connected to the Website or disobey any requirements, procedures, policies, or regulations of networks connected to the Website.
Modifications and Interruption to the Website
We reserve the right to modify or discontinue all or any portion of our Website with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous or secure access to our Website, or that operation of our Website will be uninterrupted or error free.
Disclaimer of Warranties and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE FIRM, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE PARTNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “FIRM PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR WEBSITE.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. OUR WEBSITE AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE FIRM PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF THE WEBSITE.
UNDER NO CIRCUMSTANCES, WILL ANY OF THE FIRM PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON OUR WEBSITE OR ANY CONTENT OR SERVICE PROVIDED TO YOU THROUGH OUR WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY FIRM PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE FIRM PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.
Indemnification
You agree to indemnify and hold the Firm Parties harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of your actual or alleged violation of these Terms of Use, or infringement of a third party’s intellectual property or other rights by you or another user of our Website using your computer, mobile device or account.
Governing Laws
The laws of the state of Colorado and the United States govern these Terms of Use and any claims arising out of or relating to use of the Website, without giving effect to any choice of law rules. We make no representation that our Website is appropriate, legal or available for use outside of the United States. The state and federal courts located in Denver, Colorado will serve as the exclusive venue for any actions brought, or claims made, arising out of your use of our Website, and you hereby consent to such jurisdiction and venue.
Changes to These Terms
These Terms of Use may be updated and modified by the Firm from time to time and without notice. You can review the most current version of the terms at any time by clicking on the Terms of Use link at the bottom of each page of our Website. Modifications will become effective immediately upon being posted to our Website. To the extent new services, content or features are added to our Website in the future, your use thereof is subject to these Terms of Use.
Other Terms
If any provision of these Terms of Use is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of the Firm.
Any failure by the Firm to exercise its rights under these Terms of Use or to enforce the terms hereof will not constitute a waiver of those rights.
Contact Information
If you have questions, please feel free to contact us at:
Brownstein Hyatt Farber Schreck LLP
410 Seventeenth Street, Suite 2200
Denver, CO 80202
303.223.1100
info@bhfs.com
Effective date of these Terms of Use: September 20, 2021