The Office is based in Tokyo, Japan and practices only United States federal law and New York State law. The Office does not, and does not intend or purport to, practice in any other jurisdictions, unless admitted pro hac vice or otherwise in accordance with applicable rules. A. Reid Monroe-Sheridan is admitted to practice law in the state of New York and is a registered foreign lawyer in Japan.
Unless otherwise agreed in writing with the Office, your use of the Website will always be subject to, at a minimum, the terms and conditions set out in these Terms.
These Terms form a binding legal agreement between you and the Office in relation to your use of the Website.
Your Agreement to the Terms
YOUR ACCESS OR USE OF THE WEBSITE IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. By accessing or using the Website you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of the Website. If you do not agree to the Terms, you are not authorized to use the Website.
Changes to the Terms
From time to time, the Office may change, remove, add to or otherwise modify the Terms, and reserves the right to do so in its discretion. In that case, the Office will post the updated Terms to the Website and indicate the date of revision. The Office encourages you to periodically review the Terms. All new and/or amended Terms take effect immediately; provided, however, that if deemed material by the Office in its sole discretion, such new and/or additional material terms will be marked as such and will take effect 30 days after they are posted on the Website. Notwithstanding the foregoing, (i) no modification to the Terms will apply to any dispute between you and the Office that arose prior to the effective date of any modification and (ii) if you do not agree with any modification to the Terms, you may terminate this agreement by ceasing use of the Website. Your continued use of the Website after new and/or revised Terms are effective indicates that you have read, understood and agreed to those Terms.
Provision of the Website Generally
The Office makes the Website available to you on the Terms. You may only use the Website in accordance with these the Terms. In particular, but without limitation, you may not use the Website for any purpose that is unlawful or prohibited by these Terms, or any other conditions or notices that are made available on the Website.
No Legal Advice
The Website is for informational purposes only. The Website is not intended to solicit clients. Visitors to the Website should not consider it to be an invitation for an attorney-client relationship. Choosing an attorney is an important process and may not be accomplished by sending confidential information related to you and/or your company to the Office. The Office will not represent you as counsel unless and until such time as an engagement letter on mutually acceptable terms is entered into between you and the Office. The Office provides the Website and any information on an “as-is” basis. The Office makes no warranties regarding any information provided on or through the Website, and disclaims liability for damages resulting from their use.
Location of the Website
The Website is controlled and offered by the Office from its office in Tokyo, Japan. The Office makes no representations that the Website is appropriate or available for use in other locations. If you are accessing or using the Website or any Service from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law. The Office does not seek to practice law other than U.S. federal law and New York State law in any jurisdiction other than Tokyo, Japan.
You agree not to use the Website to:
- Transmit Content (as defined below) that you do not have the right to transmit, for example, under intellectual property, confidentiality, privacy or other applicable laws;
- Transmit unsolicited or unauthorized Content, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unwelcome solicitation or advertising;
- Transmit Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Website or servers or networks connected to the Website, or that disobeys any requirements, procedures, policies or regulations of networks connected to the Website;
- Transmit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
- Intimidate or harass another;
- Use or attempt to use another’s service, or personal information;
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Website;
- Attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Website or any activities conducted through the Website;
- Use any means to bypass or ignore robot.txt, or other measures the Office uses to restrict access or use of the Website;
- Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
- Transmit any personally identifiable information about persons under 13 years of age.
In addition, you may not (and may not authorize another party to) use the Website in any manner that could disable, overburden, damage or impair the Website, or interfere with any other party’s use and enjoyment of the Website.
Terms Relating to Content on the Website
Third Party Websites Third Party Websites (as defined below) that the Office links to or embeds in the Website are subject to the license terms accompanying such Content. The Office encourages you to always verify the license of any such Content before use.
Use of Content on the Website or Services. You may use the Content solely for informational purposes to understand the services provided by the Office and to evaluate whether the Office may be able to assist you with a legal or business matter.
Third Party Websites and Content
The Website may contain links to websites not controlled by the Office (“Third Party Websites”), as well as Content belonging to or originating from persons or organizations other than the Office (“Third Party Content”). You acknowledge that the Office is not responsible or liable for any Third Party Websites or any Third Party Content, or any information or products made available at any Third Party Website. You further acknowledge that the Office (a) is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website; (b) has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness, completeness or non infringement; (c) has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and (d) makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE OFFICE OFFERS THE WEBSITE AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE OFFICE DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE OFFICE’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE OFFICE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
LIMITATION OF LIABILITY
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL THE OFFICE, ITS PRINCIPALS, ITS EMPLOYEES, AFFILIATES OR AGENTS (THE “OFFICE PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITE (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE OFFICE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, THE OFFICE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE OR ANY CONTENT, THE OFFICE’S LIABILITY SHALL IN NO EVENT EXCEED (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00).
You agree to indemnify, defend and hold harmless the Office Parties (as defined above) from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify, defend and hold harmless the Office Parties from and against any and all claims brought by third parties arising out of your use of the Website and the Content you transmit via the Website.
The Website may contain trademarks, service marks, logos and other names that are the property of the Office or such other party as indicated with respect to that name or icon. In the case of the Office’s trademarks, logos and icons, these may not be used by you without the prior written consent of the Office.
Termination of this Agreement
These Terms will continue to apply until terminated by either you or the Office as set out below. Your right to access and use the Website terminates automatically upon your breach of any of these Terms that may apply to the Website.
The Office may, at any time: (a) modify, suspend or terminate the operation of or access to the Website, or any portion of the Website, for any reason; (b) modify or change the Website, or any portion of the Website, and any Terms and other policies governing the use of the Website, for any reason; (c) interrupt the operation of the Website, or any portion of the Website, for any reason, all as the Office deems appropriate in its sole discretion.
Your access to, and use of, the Website may be terminated by you or by the Office at any time and for any reason.
The disclaimer of warranties, the limitation of liability, your indemnification obligations and the jurisdiction and applicable law provisions shall survive any termination.
These Terms are governed by and construed by the laws of Japan, exclusive of its choice of law rules. The parties agree that any disputes or proceedings between the Office and you concerning these Terms and/or the Website shall be brought exclusively in a court of competent jurisdiction sitting in Tokyo, Japan, and hereby consent to the personal jurisdiction and venue of such court. Either party’s failure to insist on or enforce strict performance of any of the Terms shall not be construed as a waiver of any provision or right. If any term or part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The parties agree that no joint venture, partnership, employment, attorney-client or agency relationship exists between you and the Office as a result of these Terms, or your use of the Website. These Terms constitute the entire agreement between you and the Office relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to the Terms as made available by the Office from time to time) between you and the Office. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Last updated: July 27, 2016