Acceptance of the Terms of Use

These terms of use are entered into by and between you and Glinert & Associates, PLLC (“G&A”, “we” or “
us”). The following terms and conditions (these “Terms of Use”), govern your access to and use this website, including any content, functionality and services offered on or through this website (the “Website
”), which enables people to view quizzes, calculators, blog posts and information about us such as our practice areas, industry teams, people, and insights.

BY USING THIS WEBSITE, YOU AND GLINERT & ASSOCIATES, PLLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website. 

This Website is offered and available to users who are 18 years of age or older. Further, by using this Website, you represent and warrant that you are of legal age to form a binding contract with G&A in your jurisdiction and meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

No Attorney-Client Relationship

We provide this Website for general informational purposes only. Transmission and receipt of materials provided by the Website is not intended to create an attorney-client relationship. Please be further advised that the act of sending e-mail to an attorney at G&A will not create an attorney-client relationship. If you are not currently a client of G&A, your e-mail will not be privileged and may be disclosed to other persons. G&A does not wish to represent anyone desiring representation based upon viewing this Website in a jurisdiction where this Website fails to comply with all laws and ethical rules of that jurisdiction. This Website is meant to be informational only, in the nature of bulletins and consistent with our profession’s obligation to help inform not only our clients but also to cultivate knowledge of the law to the public in general.

Legal Advertising

The content of this Website may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. If you have questions, for purposes of attorney advertising rules, please contact G&A at the contact information provided in the Your Comments and Concerns section below. Prior results described on this Website do not guarantee a similar outcome. Images of people may not be G&A personnel.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. 

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. 

Accessing the Website 

We reserve the right to withdraw or amend this Website, and any service or material we provide on or through the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including to users who have subscribed to our blogs.

You are responsible for:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Glinert & Associates, PLLC, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal or your company’s internal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print a reasonable number of copies from pages of the Website for your own or your company’s internal use and not for further reproduction, publication or distribution without G&A’s permission. 

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by G&A. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The G&A name, our logo, and all related names, logos, product and service names, designs and slogans are trademarks of Glinert & Associates, PLLC or its affiliates or licensors. You must not use such marks without the prior written permission of G&A. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website: (a) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); or (b) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm G&A or users of the Website or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. 
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

Monitoring and Enforcement; Termination

We have the right to: (a) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and/or (b) Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS G&A AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. 

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. 

Linking to the Website

You may link to public pages of our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express consent. 

Links from the Website

The Website may contain links to other websites that provides client services and our other social media sites, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of South Dakota in the United States. We provide this Website for use only by persons located in countries in which we have offices. We make no claims that the Website or any of its content is accessible or appropriate outside of such countries. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside of the countries in which we have offices, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER G&A NOR ANY PERSON ASSOCIATED WITH G&A MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER G&A NOR ANYONE ASSOCIATED WITH G&A REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

G&A HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL G&A, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless G&A, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Arbitration

If a dispute arises between you and the Firm related in any way to the interpretation, application, or enforcement of these Terms of Use, any acts or omissions related to or arising from the Firm’s Website or your access or use of the Website, the issue of arbitrability of the dispute, or any other dispute in any way relating to the Website, you and the Firm agree that the dispute will be resolved solely through confidential binding arbitration.

The Federal Arbitration Act (“
FAA
”) shall govern the interpretation and enforcement of the arbitration, and, to the extent not inconsistent with the FAA, the arbitrator(s) shall apply the law of South Dakota to any claims or defenses thereto.  The arbitration shall be held in a city in the United States in which the Firm has an office. JAMS will serve as the arbitration administrator, and the arbitration shall proceed pursuant to the JAMS Comprehensive Arbitration Rules and Procedures (the “
Rules
”) as they exist on the effective date of this Agreement, except to the extent provided for herein or otherwise agreed to in writing.  In the event of a conflict between the terms set forth herein and the Rules, these terms shall govern.  

If the amount in dispute is less than $1 million, the dispute will be resolved by one neutral arbitrator who is a former judge and affiliated with JAMS. The parties will mutually select the arbitrator, but if they are unable to agree, the arbitrator will be selected pursuant to the procedures set forth in the Rules.  If the amount in dispute is $1 million or more, the dispute will be resolved by a panel of three (3) neutral arbitrators, with the chairperson being a former judge and affiliated with JAMS.  The parties will mutually select the panel, but if the parties are unable to agree on a panel, the arbitrators will be selected pursuant to the procedures set forth in the Rules. 

Notwithstanding any limitations in the Rules to the contrary, the parties shall be entitled to conduct discovery in accordance with the Federal Rules of Civil Procedure (“
FRCP
”), including but not limited to (and to the extent in accordance with the FRCP) depositions and written discovery of the parties and third parties, and shall be permitted to file partially or fully-dispositive motions prior to a full arbitration hearing, on which the arbitrator or panel of arbitrators shall issue a ruling prior to said hearing. The parties agree that the arbitrator(s) can render any such dispositive rulings, should the arbitrator(s) deem appropriate, without a hearing. No demand for arbitration may be sustained after the date on which the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statutes of limitation or statute of repose if the dispute was filed in court. The arbitrator(s) are authorized to dismiss the arbitration at any stage based on a determination that the claim is time barred or for any other legally or factually supported reason. Each party is limited to pursuing its own individual claims and shall not pursue class or collective action.

If the net amount of the final arbitration award is $1 million or more, inclusive of interest, any party shall have the right to appeal the award pursuant to the JAMS Optional Arbitration Appeal Procedure, as it exists on the date of this Agreement. Notwithstanding any Appeal Procedure to the contrary, the three neutral members of the Appeal Panel shall consist of: (a) a chairperson having served at least five years as a judge or justice on federal or state appellate courts, (b) one member having served at least five years as a judge or justice on a federal or state trial or appellate court or as a federal magistrate judge; and (c) one member with 10 or more years of recent private appellate practice.

The costs of arbitration, including the arbitrator(s)’ fees and administrative expenses, shall be paid as follows: fifty percent (50%) by the claimant(s) and fifty percent (50%) by the respondent(s), such that no side shall bear more than half the costs of the arbitration. If the respondent(s) also assert a claim or counterclaim against the claimant(s), the respondent(s) asserting that claim or counterclaim shall be deemed to be the respondent(s) for purposes of the division of the costs. Each party will bear that party’s own attorneys’ fees and costs, and the prevailing party will not be entitled to reimbursement by the other party of any of its fees or costs incurred in connection with the arbitration, regardless of any rule to the contrary. The arbitration proceedings, including but not limited to partial and final awards, shall be maintained by the arbitrator(s), parties, and witnesses as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate, or enforce the award(s) and for disclosure in confidence to the parties’ respective attorneys, tax advisors, insurers, and senior management. Any action or proceeding preliminary or ancillary to an arbitration, including to confirm, vacate, or enforce the award(s), shall be brought in the state trial court (subject to removal) or the federal district court serving the city in which the arbitration is held. 

If any portion of this arbitration provision is held to be illegal or otherwise unenforceable, the remainder of this arbitration provision will still apply.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of South Dakota without giving effect to any choice or conflict of law provision or rule (whether of the State of South Dakota or any other jurisdiction).

In the event that the above arbitration provision is held to be illegal or otherwise unenforceable such that the dispute cannot resolved through confidential binding arbitration, such disputes shall be instituted exclusively in the federal courts of the United States or the courts of the State of South Dakota in each case located in the City of Sioux Falls and County of Minnehaha we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by G&A of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of G&A to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

Entire Agreement

The Terms of Use constitute the sole and entire agreement between you and G&A with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by Glinert & Associates, PLLC which is located at 1605 E. 77^th Street, Sioux Falls, SD 57108.

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: danglinert@gmail.com