Terms of Use

Agreement Between User and Gibney Anthony & Flaherty LLP

The Gibney Anthony & Flaherty LLP website is comprised of various Web pages operated by Gibney Anthony & Flaherty LLP.

The Gibney Anthony & Flaherty LLP website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Gibney Anthony & Flaherty LLP web site constitutes your agreement to all such terms, conditions, and notices.

Modification of These Terms of Use

Gibney Anthony & Flaherty LLP reserves the right to change the terms, conditions, and notices under which the Gibney Anthony & Flaherty LLP website is offered, including but not limited to the charges associated with the use of the Gibney Anthony & Flaherty LLP website.

No Legal Advice or Attorney-Client Relationship

The information contained in this website is provided for general informational purposes only. It should not be relied upon or construed as legal advice, and it is not a substitute for obtaining competent legal from a licensed attorney in your state. In addition, the submission of an inquiry or email to any GAF personnel through this website will not create an attorney-client or other privileged or confidential relationship and GAF is not obliged to respond to any such inquiry, Because communications through this web site cannot create a confidential attorney/client relationship, do not disclose any information to us that you wish to remain private or confidential. All attorney/client relationships must be initiated either in person or through an agreement signed by an authorized GAF partner.

Links to Third Party Sites

The Gibney Anthony & Flaherty LLP website may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of Gibney Anthony & Flaherty LLP and Gibney Anthony & Flaherty LLP is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Gibney Anthony & Flaherty LLP is not responsible for webcasting or any other form of transmission received from any Linked Site. Gibney Anthony & Flaherty LLP is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Gibney Anthony & Flaherty LLP of the site or any association with its operators.

No Unlawful or Prohibited Use

As a condition of your use of the Gibney Anthony & Flaherty LLP website, you warrant to Gibney Anthony & Flaherty LLP that you will not use the Gibney Anthony & Flaherty LLP website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Gibney Anthony & Flaherty LLP website in any manner which could damage, disable, overburden, or impair the Gibney Anthony & Flaherty LLP website or interfere with any other party’s use and enjoyment of the Gibney Anthony & Flaherty LLP website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Gibney Anthony & Flaherty LLP websites.

Use of Communication Services

The Gibney Anthony & Flaherty LLP website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations. Gibney Anthony & Flaherty LLP has no obligation to monitor the Communication Services. However, Gibney Anthony & Flaherty LLP reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Gibney Anthony & Flaherty LLP reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Gibney Anthony & Flaherty LLP reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Gibney Anthony & Flaherty LLP’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Gibney Anthony & Flaherty LLP does not control or endorse the content, messages or information found in any Communication Service and, therefore, Gibney Anthony & Flaherty LLP specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Gibney Anthony & Flaherty LLP spokespersons, and their views do not necessarily reflect those of Gibney Anthony & Flaherty LLP.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials Provided to Gibney Anthony & Flaherty LLP or Posted at any Gibney Anthony & Flaherty LLP website

Gibney Anthony & Flaherty LLP does not claim ownership of the materials you provide to Gibney Anthony & Flaherty LLP (including feedback and suggestions) or post, upload, input or submit to any Gibney Anthony & Flaherty LLP web site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Gibney Anthony & Flaherty LLP, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Gibney Anthony & Flaherty LLP is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Gibney Anthony & Flaherty LLP’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Gibney Anthony & Flaherty LLP WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Gibney Anthony & Flaherty LLP AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Gibney Anthony & Flaherty LLP WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Gibney Anthony & Flaherty LLP WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Gibney Anthony & Flaherty LLP AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Gibney Anthony & Flaherty LLP WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Gibney Anthony & Flaherty LLP AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OF, OR ACCESS TO, THIS WEB SITE, INCLUDING YOUR ACCESS TO ANY LITERATURE OBTAINED THROUGH THE WEBSITE, AND WAIVE ALL CLAIMS OR CAUSES OF ACTION AGAINST GIBNEY, ANTHONY & FLAHERTY LLP, ITS PARTNERS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES IN CONNECTION THEREWITH.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Gibney Anthony & Flaherty LLP AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Gibney Anthony & Flaherty LLP WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Gibney Anthony & Flaherty LLP WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Gibney Anthony & Flaherty LLP WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Gibney Anthony & Flaherty LLP WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Gibney Anthony & Flaherty LLP OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Gibney Anthony & Flaherty LLP WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Gibney Anthony & Flaherty LLP WEBSITE.

Termination/Access Restriction

Gibney Anthony & Flaherty LLP reserves the right, in its sole discretion, to terminate your access to the Gibney Anthony & Flaherty LLP website and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in New York County, New York, U.S.A. in all disputes arising out of or relating to the use of the Gibney Anthony & Flaherty LLP website. Use of the Gibney Anthony & Flaherty LLP website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Gibney Anthony & Flaherty LLP as a result of this agreement or use of the Gibney Anthony & Flaherty LLP website. Gibney Anthony & Flaherty LLP’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Gibney Anthony & Flaherty LLP’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Gibney Anthony & Flaherty LLP website or information provided to or gathered by Gibney Anthony & Flaherty LLP with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Gibney Anthony & Flaherty LLP with respect to the Gibney Anthony & Flaherty LLP web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Gibney Anthony & Flaherty LLP with respect to the Gibney Anthony & Flaherty LLP website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

Copyright And Trademark Notices

All contents of the Gibney Anthony & Flaherty LLP website are: Copyright 2010 by Gibney Anthony & Flaherty LLP and/or its suppliers. All rights reserved.

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to our designated contact person, shown below. ANY INQUIRIES THAT ARE NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.

If you believe any of the content on our website infringes your copyright, please provide our agent with the following information in writing: (1) a description of the copyrighted work you believe has been infringed; (2) information sufficient to identify the location of the allegedly infringing material on our website; (3) your address, telephone number, and email address; (4) a statement to the effect that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (4) a declaration, under penalty of perjury, that the information you have provided is accurate and that you are the owner of the copyright involved or you are authorized to act on behalf of that owner; (5) your physical or electronic signature. Upon receiving your complaint, we may remove content that you believe infringes your copyright. In addition, we may take other action against the person or persons responsible for posting or transmitting the infringing material.

You may submit your notice of claims of copyright infringement to:
Brian W. Brokate
Gibney, Anthony & Flaherty, LLP.
665 Fifth Avenue
New York, NY 10022

Employment Opportunities

We welcome expressions of interest in employment with Gibney Anthony & Flaherty LLP. GAF does not discriminate in hiring or employment on the basis of race, gender, color, religion, disability, national origin, age, sexual orientation or any other characteristic protected by applicable law. An invitation to submit your resume or express interest in a job through the website is not intended to, and does not, create any employment relationship between us. Any unsolicited communication that you might send to GAF inquiring about employment shall not be considered an application for employment and creates no obligation on the part of GAF to respond.

IRS Circular 230 Disclosure

As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that any written tax advice contained herein was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.