Terms of Use

Overview

Welcome to the www.patrickferreelaw.com website (the “Site”). The following, along with the Privacy Policy, are terms of a legal agreement (the “Terms”) between you and Patrick-Ferree Law, P.L.L.C (the “Owner”). By accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use the Site.

The material provided on the Site is protected by law, including, but not limited to, United States copyright law and international treaties. The Owner makes no representations as to the appropriateness of the materials for access from other locations. Access to these materials from territories where their contents are illegal is prohibited; if you choose to access these materials from such a territory, you are responsible for compliance with local laws and regulations.

The Site is attorney advertising material. Any information provided on the Site is for informational purposes only and does not constitute legal advice, nor should it be relied upon in lieu of the advice of an attorney. Your specific situation will often contain nuances that cannot be addressed by basic information of the sort provided on the Site. Nothing on the Site creates an attorney-client relationship between you and the Owner or its attorney(s). There is no attorney-client relationship until you have signed an engagement agreement with the Owner. The attorney(s) of Owner are licensed in Iowa and Minnesota, and the Site is intended to market only to individuals and businesses located in these two states.

The Owner may at any time revise these Terms of Use, the Terms, and any other information contained in the Site by updating this posting or other Terms. If the Owner makes such revisions, you will be notified via a notation that the Terms of Use or other Terms are new next to the link to the relevant Terms. A notice of the last date of revision will always appear at the bottom of these Terms of Use. Your continued use of the Site constitutes your consent to any updates to the Terms.

These Terms may be superseded by a written agreement between you and the Owner signed by both parties.

Permissible Use

The Site and all content on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, mirrored, framed, or otherwise used or displayed, or used for the creation of derivative works, without the Owner’s prior written consent, except that the Owner grants you a non-exclusive, non-transferable, limited and revocable permission to access and display the Web pages within the Site, for your personal, non-commercial (unless you have a business relationship with the Owner) use of the Site. The Owner further grants you a limited, nonexclusive and revocable right to create a hyperlink to the Site, including using websites that provide a preview or thumbnail

automatically with such hyperlink, so long as the link does not portray the Owner, its attorney(s), its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter. These permissions are conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth on the Site.

You may not use the Site in a manner that violates any local, state, national, foreign or international statute. You may not interfere with the functioning of the Site or with other users’ use of the Site in any way, including but not limited to modification of the Site; attempting to gain access to unauthorized portions of the website; enabling high volume, automated, electronic processes that apply to the Site or its systems, the content of the Site or any portion or derivative thereof; or attempting to gain access to other accounts, computer systems or networks connected to the Site, whether through hacking, password mining, or any other means. You may not use the Owner’s name or any of the Owner’s trademarks, services marks or logos in any meta tags or any other “hidden text”; use data mining, robots, spiders, crawlers, scrapers or similar automated or non-automated data gathering or extraction methods; or compile, repackage, disseminate or otherwise use data extracted from the Site.

The Site is not meant for use by minors. If you are a legal minor in your jurisdiction, please do not use the Site, or access the Site only under the supervision of a parent or legal guardian. Furthermore, the Site does not knowingly solicit or collect information about children under the age of 13. Should the Owner learn that it has inadvertently collected information about a child under the age of 13, it will delete that information as soon as possible.

Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, the Owner does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.

Disclaimers Regarding Content

Although the Owner endeavors to keep all information on the Site current and correct, information on the Site is not promised or guaranteed to be correct, current, or complete, and the Site may contain inaccuracies or typographical errors. The Owner assumes no responsibility (and expressly disclaims responsibility) for updating the Site to keep information current or to ensure the accuracy or completeness of any posted information. If you believe any information on the Site is inaccurate or incomplete, please let the Owner know by using the Contact form.

The Owner provides no assurances that any reported problems will be resolved, even if the Owner elects to provide information with the goal of addressing a problem.

Confidential Information and Submissions

The Site does not collect confidential information from you, except to the extent that you submit it via the Contact form or comments on the blog. Information sent to the Owner via the Contact form as part of the exploration of forming an attorney-client relationship, or by a client of the Owner, will be treated according to the confidentiality obligations of attorney ethics rules. Information submitted for purposes unrelated to representation by the Owner by non-clients (a “Submission”), however, will be deemed not to be confidential. By sending the Owner any Submission, you grant the Owner an unrestricted, irrevocable and fully paid-up license to use, copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, the Submission. You also agree that the Owner is free to use any ideas, concepts, know-how, or techniques in a Submission, without compensation of any sort. Any Submission is a business asset of the Owner and may be assigned as part of a business transaction such as a merger.

Comment Policy

You may choose to submit a comment to the blog (a “Comment”). The Owner reserves the right, but does not take the responsibility, to moderate all Comments, and may remove any Comment at any time for violation of these Terms in its sole discretion. By submitting any Comment to the Site, you:

1. Agree to grant to the Owner an irrevocable, perpetual, worldwide, royalty-free, fully sublicenseable, non-exclusive license to use, modify, delete from, add to, create derivative works of, publicly perform, publicly display, reproduce and distribute such Comment for any reason, including but not limited to advertising and promoting the Site and the Owner (including, for example, through screen shots and blogs) and/or our products and services in any format and through any channel now existing or created in the future.

2. Waive any applicable moral rights in your Comment.

3. Represent and warrant that you are the sole owner and author of the Comment, or that you are otherwise authorized to submit the Comment and give the license granted in paragraph 1 above.

4. Represent and warrant that the Owner’s publication of the Comment does not violate any intellectual property rights, publicity rights, privacy rights, contractual rights, or other rights of any person or entity, and that the information contained in the Comment is accurate to the best of your knowledge.

No Comment may contain any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic or sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. No Comment may contain the personal information of any third party, including but not limited to home address, personal email address, or home telephone number, if not a matter of public record; or any Social Security numbers, other government-issued identifying numbers, or financial account numbers whatsoever. No Comment may contain spam, viruses, Trojans, worms, or other harmful content designed to damage the Site or the computer or other internet access device of other visitors to the Site.

Outside Websites

The Site may provide links or references to other websites and resources. The Owner does not own or control these third-party websites, and these Terms of Use do not apply to them. The Owner makes no representations, warranties, or other commitments whatsoever about any third-party websites resources that may be referenced, accessible from, or linked to the Site. A link to a third-party website does not mean that the Owner endorses the content or use of such website or its owner. In addition, the Owner is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from the Site. Accordingly, you acknowledge and agree that the Owner is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

When you access a third party website, even one that may contain the Owner name or logo, or any other trademark belonging to the Owner, please understand that it is independent from the Owner, and that the Owner does not control the content on that website. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

Intellectual Property

The information and other intellectual property featured on the Site are produced, distributed and owned by the Owner or its licensors. You acknowledge that this content is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. The Owner or its licensor owns a copyright in the selection, coordination, arrangement, and enhancement of such intellectual property. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any the Owner intellectual property, in whole or in part.

The Binary Logo and the Patrick-Ferree Law name are trademarks of the Owner. These, along with any other trademarks, service marks, and logos used and displayed on the Site are registered and unregistered trademarks of the Owner or its licensors. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Site, without the prior written permission of the Owner. The Owner aggressively enforces its intellectual property rights to the fullest extent of the law. Fair use of the Owner’s trademarks requires proper acknowledgment. Other product and company names mentioned in the Site, if any, may be the trademarks of their respective owners.

DISCLAIMER OF WARRANTY

USE OF THE SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, SERVICES AND PRODUCTS ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. THE OWNER EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND

OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, THE OWNER MAKES NO WARRANTY OR GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED, CORRECT, COMPLETE, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.

YOU UNDERSTAND AND AGREE THAT IF YOU OBTAIN MATERIALS, INFORMATION, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL THE OWNER BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE SITE OR ANY USE OF THE SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF THE OWNER IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Disputes

You agree that these Terms of Use and your use of the Site are governed by the laws of the State of Iowa, without regard to conflict of law principles. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in or nearest to Johnson County, Iowa, in all disputes arising out of, relating to, or concerning the Site and/or these Terms of Use. Use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. The Owner has endeavored to comply with all legal requirements known to it in creating and maintaining the Site, but makes no representation that materials on the Site are appropriate or available for use in any particular jurisdiction. Use of the Site is unauthorized in any jurisdiction where all or any portion of the Site may violate any legal requirements, and you agree not to access the Site in any such jurisdiction. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, 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 govern such use.

Last revised: 12/30/20.