TERMS OF USE

This Notice Is Effective as of September 2013
Last Updated: September 10, 2021.

Welcome to https://margolisandassociates.com website (the “Site”). The Site is operated by Margolis & Associates. The following informs you of Margolis & Associates policies regarding the collection, use and disclosure of Personal Information (“Privacy Policy”) we receive from users of the Site and Terms of Service (“Service”) regarding the use of the Site. Collectively, these policies are referred to herein as the (“Agreement”). 

This Terms and Conditions of Use Agreement (the “Agreement”) describes the terms and conditions and the general principles applicable to your access and use of the Site.By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by all the terms and conditions of this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference.

Any changes or modification to this Agreement will be effective upon including the revisions and changes on the Site. Your continued use of this Site following the changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site, this Agreement, and applicable policies from time-to-time to understand the terms and conditions that apply to your access and use of the Site. If you do not accept these terms, you are not authorized to use this Site.

1. GENERAL TERMS

a. USE OF THE SITE

Subject to the terms and conditions of this Agreement including the Privacy Policy which is incorporated herein by reference, Margolis & Associates grants you a limited, nonexclusive, revocable right to access and make personal, non-commercial use of this Site, provided you do not modify, alter or download (other than page caching) any portion of it unless otherwise specifically provided herein or you have obtained written authorization in advance from Margolis & Associates to use Margolis & Associates Site Content.

b. PRIVACY & CONFIDENTIAL INFORMATION

Margolis & Associates does not sell or rent your personal information to third parties for their marketing purposes without your consent and we only use your information as described in our current Privacy Policy.

Do not use this Site as a means of submitting information you consider to be confidential or proprietary. Except as otherwise expressly provided in the  Privacy Policy which is incorporated herein by reference  or in a written agreement with Margolis & Associates applicable to your particular use of the Site, any submission of material by you will be considered a contribution to Margolis & Associates for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, you agree that any material, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Margolis & Associates are not confidential (subject to Margolis & Associates Privacy Policy). Margolis shall be entitled to the unrestricted use of this material for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any material to Margolis & Associates, irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.c. 

b. SITE CONTENT

All editorial content, graphics, icons, Site design, Site templates, and other items that appear on the Site are business plans, copyrights, trademarks, service marks or trade dress (“Marks”), collectively (“Intellectual Property”) of Margolis & Associates, Margolis & Associates affiliates or other entities that have granted Margolis & Associates the right either by written contract or license agreement to use such Marks or copyrighted material for the specific purpose of the Site.

Unless specifically stated in this Agreement, you may not publicly display on any social media or public platform, copy, reproduce, publish or republish, modify, lease, loan, sell, create derivative works from, post, upload, transmit, commercially exploit, or distribute the Intellectual Property of the Site or any part thereof without Margolis & Associates prior written permission.

Except as expressly provided herein, Margolis & Associates does not grant to you any express or implied rights to Margolis & Associates or any third party’s Intellectual Property.

The Site utilizes images purchased from https://www.123rf.com, a stock  photo resource under the Standard Licensing Agreement. 123RF represents that it owns all rights and/or has all requisite authority to the Content, including copyrights, and is authorized to license the Content under the License.  Copyright of Content belong to 123RF and/or Content contributors of 123RF.

You have agreed and reaffirm Your agreement to margolisandassociates.com Privacy Policy, and Terms Of Use as well as Licensing Agreements of others, including https://www.123rf.com/license.php?type=standard.

Please note: The permission granted to you shall terminate automatically and immediately if you breach any of the terms or conditions set forth in this Agreement. Margolis & Associates reserves the right to modify or remove any of Margolis & Associates Intellectual Property / copyrighted materials or services listed on the Site at any time without further notice.  Margolis & Associates’ affiliates or other entities that have granted Margolis & Associates the right either by written contract or license agreement also reserves the right to file a DMCA complaint for violating any Site Intellectual Property, prohibited uses or any other unlawful use automatically and immediately.

2. LINKING & FRAMING

To avoid disputes Margolis & Associates has provided the following Terms for linking to and /or framing the Site Content or Service.

• You may only link to this Site by providing an underlined, textual link from your website to the Home Page of the Site (an “Authorized Link”). “Home Page” means the introductory or main web page of https://margolisandassociates.com. For example, https://margolisandassociates.com is the only Authorized Link of Margolis & Associates Site. You may not provide access to the Site or any part thereof or under any other URL without the prior written approval (“Linking Agreement”) approved and signed by Michael Margolis {at] Margolis & Associates.
• You may not incorporate the Site, Site Templates or any part or element thereof into any other site, public or social media platform, or any other venue (e.g., by in-lining, framing, or creating other browser or border environments around the Site Content, Service or Templates). You may not allow or provide automatic downloads or manual downloads of the Site Content, Template, or Service under any circumstances.
• The Site may provide links to other websites maintained by third parties. You acknowledge and agree that such links are provided for your convenience only and do not reflect any endorsement, affiliation, relationship, or sponsorship by Margolis & Associates with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site. You further acknowledge and agree that Margolis & Associates is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. Margolis & Associates MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK.
  
• In addition, you should be aware that your use of any non-Margolis & Associates Site is subject to the terms and conditions applicable to that site, including the privacy policies (or lack thereof) of such site.

If a third party links to the Site, it is not necessarily an indication of endorsement, affiliation, relationship, or sponsorship by or with Margolis & Associates. Margolis & Associates may not even be aware that a third party has linked to the Site.

3. DISCLAIMER OF WARRANTIES

Margolis & Associates AND ITS AGENTS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES PROVIDE THIS SITE “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Margolis & Associates AND ITS AGENTS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES DO NOT WARRANT THAT THE OPERATION OF THIS SITE, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE. CASE STUDY EXAMPLES ARE REPORTED TO PROVIDE THE YOU WITH AN INDICATION OF Margolis & Associates EXPERIENCE. THEY DO NOT AND SHOULD NOT BE CONSTRUED TO CREATE AN EXPECTATION OF RESULT IN ANY OTHER CASE, AS ALL COMPANIES ARE DEPENDENT UPON THEIR OWN UNIQUE FACT SITUATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Margolis & Associates DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. Margolis & Associates DOES NOT WARRANT THAT THIS SITE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

4. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL Margolis & Associates OR ITS AGENTS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, OR AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE.

5. INDEMNIFICATION

You agree to indemnify, hold harmless and defend Margolis & Associates, its affiliates, shareholders, directors, officers, employees, successors, assigns, and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of, or relating to: (i) this Agreement; (ii) your use of this Site, including any data or work transmitted or received by you; and (iii) any prohibited use of the Site as set forth in Section 1(b).

You will bear the burden of establishing that your use of the Site, Site Service and/ or Content complies with this Agreement and all applicable laws.

6. TERMINATION

This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. Margolis & Associates reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (i) remove or disable access to all or any portion of the Site; (ii) suspend your access to or use of all or any portion of the Site; and (iii) terminate this Agreement. Sections 1(b), 2, 4, 5, and 6 shall survive any termination of this Agreement.

7. MISCELLANEOUS

a. WAIVER

No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

b. SEVERABILITY

If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.

c. LAW

This Agreement is made in and shall be governed and construed by the laws of the State of New York, United States of America, without reference to conflicts of laws. If you access this site from locations outside New York or the United States, you are voluntarily and purposefully availing yourself of the laws of the State of New York, United States of America, and you are solely responsible for compliance with all your local laws. Access to the Site from locations where the Site’s contents may be unlawful is prohibited.

d. VENUE

All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts located in NEW YORK. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in New York. You hereby irrevocably waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in NEW YORK and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court in NEW YORK.