Terms of Use

This website, www.thebeckagefirm.com (“Website”) is operated by The Beckage Firm PLLC (“us,” The Beckage Firm,” “our”).

Please read these Terms of Use carefully before accessing or using the website or the features contained within the website, such as accessing the website itself, using online forms (“Services”).  

By accessing or using the website and the Services, you agree to be bound by these Terms of Use.  If you do not agree to all of the Terms of Use, then you may not access the website or use any of the Services.

      I.       GENERAL CONDITIONS

The Beckage Firm reserve the right to refuse Services to anyone for any reason at any time.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Use.

To the extent that any provision of this Terms of Use is deemed to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

There are no third party beneficiaries to the Terms of Use. The Beckage Firm shall have the right to assign its rights or delegate any of its responsibilities under these Terms of Use to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all of our assets.

     II.       NON-EXCLUSIVE, NON-TRANSFERABLE LICENSE TO USE THE WEBSITE

The Beckage Firm grants you a limited, revocable, non-exclusive, non-transferable license to view, copy, and print content on the site for your personal and limited commercial purposes as long as they do not violate any aspect of this Terms of Use or law, including our intellectual property rights. The Beckage Firm reserve the right to terminate or limit your access to the website and/or the licenses granted herein for any reason and in our sole discretion.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any content on the website through which the Service is provided, without first obtaining express, written permission by us.

 

    III.       COPYRIGHTS AND TRADEMARKS

All content on the website, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”) are either copyrighted by us or are the proprietary property of us, our affiliates, or licensors.  The Beckage Firm reserve any and all rights to the Content.  The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole our part without our prior written permission except you may download and print Content for uses that are not competitive with or derogatory to us, provided that you keep all copyright or other proprietary notices intact.  Please note that this limited consent may be revoked at any time by us and does not include consent to republish Content on the Internet, or any Intranet or Extranet site, or to incorporate the information in any data base or other compilation. Any other use of the Content is strictly prohibited.  You further agree that you will not systematically extract, collect or harvest through electronic means or otherwise, any data or data fields from the website, including but not limited to customer identities.

All trademarks on the website are trademarks or registered trademarks of us, our affiliates, or licensors and may not be copied, imitated, or used in whole or in party without the prior written permission of us.  All page headers, custom graphics, button icons, and scripts are service marks, trademarks, and or trade dress of ours or our affiliates and may not be copied, imitated or used in whole or in party without prior written permission of us.

      V.       CHILDREN’S INFORMATION

You agree that you are not under thirteen (13) years of age. The website is intended for users over the age of eighteen (18) and The Beckage Firm do not intend to collect information from anyone under the age of thirteen (13).

     VI.       PERSONAL INFORMATION, PRIVACY, AND COOKIES

The Beckage Firm refer to our Privacy Policy on our website for information about the types of information The Beckage Firm collect, how The Beckage Firm ("BDG") use it, how you can control the use and disclosure of it, and how you may access and update information about you provided to us. You understand that your Information may be transferred over various networks and changes to confirm and adapt to technical requirements of connecting networks or devices. The information The Beckage Firm ("BDG") receive about you is governed by our Privacy Policy, which is available at: www.beckage.com/privacy-policy.

      I.       THIRD PARTY WEBSITES

The website might include links to third party websites. The Beckage Firm is not responsible for examining or evaluating the content or accuracy of any third party website and do not warrant and will not have any liability or responsibility for any third party materials or websites or for any other materials, products, or services of third parties. The Beckage Firm is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites.

Please review carefully third party website policies and practices and make sure you understand them before you engage in any transaction.  Claims, complaints, questions, or concerns regarding third parties should be directed to the third party.

If you create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this The Beckage Firm website by linking to it.

 

    VII.       PROHIBITED USES

In addition to anything stated in this Terms of Use, you are prohibited from using the website or its Services or Content:

(a) for any unlawful or fraudulent purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based upon gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of The Beckage Firm website, or the Internet or Services;

(h) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, scrape or facilitate the use of any malware or ransomware,

(j) for any damaging, obscene or immoral purpose;

(k) to interfere with or circumvent the security features of The Beckage Firm website or the Internet) and/or Services; or

(l) to assume that an attorney-client privileged relationship has been created, when it has not.

   VIII.       ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION

The Beckage Firm website may contain typographical errors, inaccuracies or omissions that may relate to Company products, offerings, promotions, packages, programs, events, and materials.  The Beckage Firm reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders or programs if any information about the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order, request, submission, form, etc.).

The Beckage Firm does not take on any obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing, dates, availability, location, products, services, except as required by law.

No specified update or refresh data applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

     IX.       WARRANTY DISCLAIMER

THE INFORMATION ON The Beckage Firm WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. The Beckage Firm DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE The Beckage Firm SITE, OR THE SERVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.  The Beckage Firm DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME The Beckage Firm MAY REMOVE THE The Beckage Firm SITE AND SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THEM AT ANYTIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXCLUDES ALL REPRESENTATIONS AND WARRANTIES RELATING TO THIS The Beckage Firm ("BDG")BSITE AND ITS CONTENTS AND SERVICES FOR WHICH IS OR MAY BE PROVIDED BY ANY AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN THIS The Beckage Firm SITE AND/OR THE COMPANY’S LITERATURE.

IN NO CASE SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ARISING FROM YOUR USE OF The Beckage Firm WEBSITE OR SERVICES OR IN ANY WAY RELATED TO The Beckage Firm WEBSITE AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY OF THE USE OF THE SERVICE OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE. IN ANY EVENT THE AGGREGATE LIABILITY OF THE COMPANY AND OUR SERVICE PROVIDERS UNDER THESE TERMS OF USE SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500).

THIS COMPANY DOES NOT HOWEVER EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE. THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE EXTENT PERMITTED BY LAW. NONE OF YOUR STATUTORY RIGHTS AS A CONSUMER ARE AFFECTED.

     II.       GOVERNING LAW

Our Services shall be governed and construed in accordance with the laws of New York, without reference to any conflict of laws rules.

The Beckage Firm Website is hosted in the United States. If you access the website from a location outside of the United States, you are responsible for compliance with all local laws. You agree that you will not use the website Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

    III.       DISPUTES

You and the Company agree that if there is any dispute concerning these Terms of Use any such dispute shall only be resolved by arbitration, after first giving notice to the other party and the opportunity to discuss resolution within thirty (30) days of such notice. You and the Company both waive the right to a jury trial.

YOU AND THE COMPANY WAIVE THE RIGHT TO COMMENCE, BE A PARTY TO, JOIN OR BE AN ACTUAL OR PUTATIVE CLASS MEMBER OF ANY CLASS, COLLECTIVE OR REPRESENTATIVE ACTION OF ANY KIND IN ANY FORUM, INCLUDING IN COURT AND ARBITRATION, ARISING FROM OR RELATED TO THE WEBSITE, OUR SERVICES AND/OR THIS TERMS of Use.  

     VI.       INDEMNIFICATION

To the fullest extent permitted by law, and except to the extent arising from our negligence, recklessness, gross negligence, or intentional misconduct, you agree to indemnify, defend, and hold harmless the Company, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or rights of a third-party.  The Beckage Firm reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses.  You shall not settle any actions or claims on our behalf without our prior written consent.

   VIII.       CHANGES TO THIS TERMS OF USE

The Beckage Firm reserve the right to change, modify, or amend this Terms of Use at any time to reflect changes in our practices and service offerings. If The Beckage Firm modify our Terms of Use, The Beckage Firm will update the “Effective Date” and such changes will be effective upon posting. It is your obligation to check our current Terms of Use for any changes.

This Terms of Use may only be modified in writing. Any ambiguities in the interpretation will not be construed against the drafter.  

In addition, These Terms of Use are effective until terminated.  The Beckage Firm may terminate this agreement at any time without notice to you and may deny you access to the website and Services

     IX.       QUESTIONS/CONTACT US

If you have any questions about this Terms of Use, please send us an email at info@thebeckagefirm.com, write us at The Beckage Firm 403 Main Street Suite 723, Buffalo, New York 14203 or call 2 BECKFIRM 2 (223-253-4762)