The following notices, terms, conditions, and policies govern the use of all World Wide Web Site(s) ("Site") owned, operated, and/or provided by Smith & Jolly, LLC ("Smith & Jolly"), including all subdomains of sjndnlaw.com. All information and services on the Site are provided pursuant to the following terms and conditions. By accessing and/or using the Site, users agree to be bound by the terms and conditions set forth in herein. These terms and conditions may be modified from time to time. The date of the most recent revisions will appear on this page. By continuing to use the Site, you accept any changes or revisions to these terms and conditions. All users ("User") are responsible for regularly reviewing these notices, terms, conditions, and policies to determine the most current obligations, responsibilities, and requirements.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.

1. AUTHORIZATION OF USE. Any person is authorized to view the information, images, texts, documents, and all other content posted on the Site for informational purposes only. Smith & Jolly may modify the terms and conditions of use of the Site at any time, without prior notice, and such modifications shall become effective upon posting on the Site. Smith & Jolly reserves the right to restrict access to the Site or the contents contained therein for any reason and subject to any conditions it desires. All users are responsible to review regularly the contents of these terms and conditions to determine the terms and conditions contained herein.
2. LAWS AND REGULATIONS. Access to and use of the Site are subject to all applicable international, federal, state and local laws and regulations. User agrees to abide by any and all such laws and regulations and to not use the Site in any way that violates such laws or regulations or in any other illegal manner.
3. COPYRIGHT AND TRADEMARKS. Except where otherwise provided, the information available on or through the Site is the property of Smith & Jolly, or its licensors, and is protected by copyright, trademark, and other international, federal, state, and local intellectual property laws. Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works, or otherwise use any information available on or through the Site for commercial or public purposes. Information and/or works from third parties available on or through the Site are or may be the property of such third parties or others. Smith & Jolly makes no claim to such information or works and such third parties or others retain all rights, interest, and title to such information and/or works. The names, logos and taglines identifying Smith & Jolly's products and services are proprietary marks of Smith & Jolly and/or its subsidiaries and/or affiliates. Other trademarks appearing on the Site may be owned by unaffiliated entities. Users may not use the trademarks, logos, and/or service marks on the Site ("Marks") for any purpose including, but not limited to, use as "hot links" or meta tags in other pages or sites on the World Wide Web without the express written permission of Smith & Jolly or such third party that may own the Mark. If you have questions concerning trademark ownership, usage, or infringement, contact us.
4. TAMPERING. User agrees not to modify, move, add to, delete or otherwise tamper with the information contained in Smith & Jolly's Site. User also agrees not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Site.
5. THIRD PARTY INFORMATION. Although Smith & Jolly monitors the information on the Site, some of the information is supplied by independent third parties. While Smith & Jolly makes every effort to insure the accuracy of all information on the Site, Smith & Jolly makes no warranty as to the accuracy of any such information.
6. LINKS TO THIRD PARTY SITES. The Site contains links that allow the User to access third party Web sites that are not under the control of Smith & Jolly. The links are only provided as a convenience and for information. Smith & Jolly does does not control and is not responsible for the content appearing on these sites. Smith & Jolly does not endorse any of these sites. Smith & Jolly assumes no responsibility or liability for any material that may accessed on other Web sites reached through the Site, nor does Smith & Jolly make any representation regarding the quality of any product, service, material, or information contained at or available from any such site. In no event will Smith & Jolly, its subsidiaries, affiliates, officers, directors, agents, employees, or contractors be liable for any damages suffered by User with regard to access to or use of such third party Web sites or the contents contained therein. The User is responsible to review and comply with the terms, conditions, and policies governing third party Web sites.
7. LINKS FROM THIRD PARTY SITES. Smith & Jolly permits links to the Site from third party sites in accordance with this paragraph and these Terms & Conditions. Links to the Site from third party sites must be links to the entire Site or an entire page of the Site. Linking of the Site or any page of the Site from third party sites must not disparage the Site or Smith & Jolly, LLC in any manner. Smith & Jolly prohibits "hotlinking" of the Site's files that are not entire pages, i.e., direct linking to images, videos, style sheets, icons, etc. of the Site. Smith & Jolly reserves the right to disable any links or frames which do not comply with this paragraph or these Terms & Conditions as well as any action for damages resulting from links from third party sites that do not comply with this paragraph or these Terms & Conditions. Smith & Jolly has no responsibility or liability for any material on other Web sites that may contain links to the Site. If you have any questions about linking to the Site or a page of the Site, please contact us.
8. RSS FEEDS. Smith & Jolly provides RSS Feeds containing information from its the Site, as well as third party sites, to which Users may subscribe ("RSS Service"). By using the RSS Service, you agree to comply with these terms and conditions and, in particular, this paragraph. If you fail to comply these terms and conditions, your access to the RSS Service may by suspended or terminated without notice, in addition to other remedies. We reserve the right to discontinue the RSS Service, or change the content or formatting of the RSS Service, at any time without notice to you, and to require the immediate cessation of any specific use of the RSS Service.
   1. Individuals may use the RSS Service for personal, non-commercial purposes only. All others must obtain our express prior written consent.
   2. Smith & Jolly provides the RSS Service as is and shall not be held liable for your use of the information, content, or material contained therein. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES WITH REGARD TO THE RSS SERVICE, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
   3. Smith & Jolly cannot guarantee that the content or information contained within the RSS Service will never be faulty or that it will be available at all times. Smith & Jolly may need to vary the technical specification, or temporarily suspend the whole or any part, of the RSS Service from time to time.
9. NO WARRANTIES. Information, data, materials, links, images, text, documents, content, offerings, services, and/or products provided on the Site are provided "as is" without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, or any other warranty implied by law. PAWS uses reasonable efforts to include accurate and up-to-date information on the Site; it does not, however, make any warranties or representations as to its accuracy or completeness. PAWS periodically adds, changes, improves, or updates the information and documents on the Site without notice. PAWS assumes no liability or responsibility for any errors or omissions in the content of the Site. This information could include technical inaccuracies or typographical errors. Your use of the Site is at your own risk.
10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL SMITH & JOLLY OR ANY OF ITS MEMBERS, OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS BE LIABLE FOR ANY DAMAGES SUFFERED BY ANY PERSON, INCLUDING ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA) UNDER ANY THEORY OF LIABILITY THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THE SITE; IMAGES, TEXT, DOCUMENTS, CONTENT, OR INFORMATION ON THE SITE; OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET OR THE SITE, EVEN IF SMITH & JOLLY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. INDEMNIFICATION. User agrees to defend, indemnify and hold harmless PAWS and all of PAWS' departments, officers, agents, and/or employees from all claims, losses, suits, damages, liabilities and expenses of whatever kind or nature, including reasonable attorneys' fees, arising out of or resulting in any way from any negligent, reckless or intentional act, error, omission or mistake and/or strict liability of User or any person employed by User, or anyone for whose acts User is legally liable arising from the improper use of the Site or PAWS' products, services, or offerings; the violation of these Terms & Conditions; the infringement or use by any other person of User's account; or the infringement of any copyright, trademark, patent, other intellectual property right, or other right of any person or entity.
12. LIABILITY FOR DAMAGE. User agrees that User shall be liable to PAWS for damage, loss and the like caused by the negligence, gross negligence or intentional acts or omissions of User, including damage to the Site or other property of PAWS.
13. LEGAL INFORMATION. The Site, including articles and all information provided, is for informational purposes only. Nothing on the Site is intended to be or constitutes legal advice on any matter or purports to determine the application of law to particular circumstances. The Site does not and shall not be construed as creating any attorney-client relationship between Smith & Jolly and the User.
14. PRIVACY. Protecting the privacy of users of the Site is important to Smith & Jolly. The Smith & Jolly Web Site Privacy Policy governs how Smith & Jolly uses and protects information you provide to Smith & Jolly.
15. SECURITY. Data transmitted to and from the Site is generally not encrypted, except for certain restricted areas of the Site which require a user ID, password, authentication key, and/or other form of authentication for access. The security of information transmitted through the Internet can never be guaranteed. Smith & Jolly is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. User is responsible for maintaining the security of any password, user ID, authorization key, or other form of authentication involved in obtaining access to password protected or secure areas of the Site. In order to protect the User and User data, Smith & Jolly may suspend User use of the Site, without notice, pending an investigation, if any breach of security is suspected.
16. TRANSMISSION OF PERSONAL DATA. User acknowledges and agrees that by providing Smith & Jolly with any personal information through the Site, User consents to the transmission of such personal user information over international borders as necessary for processing in accordance with Smith & Jolly's standard business practices and the Smith & Jolly Web Site Privacy Policy.
17. ACCESS TO PASSWORD PROTECTED/SECURE AREAS. Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.
18. JURISDICTION/GOVERNING LAW. These terms and conditions shall be governed and construed in accordance with the laws of the State of Colorado, USA, and applicable federal laws without regard to conflicts of law principles. User agrees that any and all proceedings relating to the Site and the subject matter contained herein shall be maintained in the courts of the County of Adams, State of Colorado or the federal district court for the District of Colorado, which courts shall have exclusive jurisdiction for such purpose.
19. NO WAIVER. Any failure by Smith & Jolly to exercise any of its rights or privileges herein or to insist upon strict adherence to any term(s) herein on any occasion shall not be considered or construed as waiving any such rights, privileges, obligations or duties, or to deprive Smith & Jolly of the right thereafter to insist upon strict adherence to any term of the provisions of these terms and conditions, or as creating any custom contrary thereto.
20. CAPTIONS. Captions and paragraph headings used in these terms and conditions are for convenience only, and are not a part of the terms and conditions, and shall not be deemed to limit or alter any provisions of these terms and conditions, and shall not be deemed relevant in construing these terms and conditions.
21. SEVERABILITY. If any provision or portion of these terms and conditions is declared void and unenforceable, such provision or portion of such provision shall be deemed severed from these terms and conditions which shall otherwise remain in full force and effect. Further, if any such provision or portion of such provision may be reduced and/or narrowed in scope of the like, such provision or portion of such provision shall be reduced, narrowed, and/or the like, and so enforced. The same shall apply to any portion of any provision.
22. MERGER. This Agreement contains the complete agreement and understanding between Smith & Jolly and User, and no statements, promises or inducements made by Smith & Jolly that are not contained in these writing terms and conditions shall be valid or binding.
23. MODIFICATION. No waiver, modification, or amendment of these terms and conditions or of any covenant, condition or limitation contained in these terms and conditions shall be valid unless in writing. The provisions of this Paragraph may not be waived, except as set forth in this Paragraph.
24. GENDER AND INTERPRETATION OF TERMS AND PROVISIONS. As used in this Agreement and whenever required by the context thereof, each number, both singular or plural, shall include all numbers, and each gender shall include all genders. "Smith & Jolly" and "User" as used in this Agreement or in any other instrument referred to in or made a part of this Agreement shall likewise include both the singular and the plural, a corporation, co-partnership, individual or person acting in any fiduciary capacity as executor, administrator, trustee, or in any other representative capacity. All covenants herein contained on the part of User shall be joint and several.

Last updated 12/24/07

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