Copyright © 2004-2017 Timothy D. Naegele and Timothy D. Naegele & Associates (collectively "Naegele"). All rights reserved.
Site design by Phill Tran.
The homepage's and interior pages' Hollywood photo at our Web site is of Harold Lloyd being filmed while sitting in a vintage vehicle at Hal Roach Studios in 1922.
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DISCLAIMER, TERMS AND CONDITIONS OF USE
Please read the following disclaimer, terms and conditions of Web site use (“Terms and Conditions”) carefully before accessing or using this site as they represent a binding agreement between you (either an individual or an entity) and Naegele. Your access to and use of www.naegele.com or www.bankinglaw.com, or any other domain names registered by Naegele that point to this Web site, together with all of the information and materials available on such Web site (collectively the “Site”) is subject to these Terms and Conditions and all applicable laws. By accessing and using the Site, you agree (1) to be bound, without limitation or qualification, by these Terms and Conditions and our Privacy and Security Policy (see below), legal notices and all disclaimers and terms and conditions that appear elsewhere on the Site, and (2) that you are responsible for compliance with all applicable laws. If you do not understand or do not agree to these terms, please do not use the Site.
You agree that these Terms and Conditions and any document incorporated by reference or referred to in these Terms and Conditions constitute the entire agreement between you and Naegele pertaining to the subject matter, and supersede, terminate or otherwise render null and void all prior agreements, if any.
Naegele may, in its sole discretion and at any time revise these Terms and Conditions by updating this posting without notice to you. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound. If you access, browse or use the Site after the Terms and Conditions are revised, Naegele will assume that you have reviewed and accepted the revised terms. The date these Terms and Conditions were last revised is set out at the end of this document.
The materials, articles and statements on the pages of the Site are intended for general information purposes only, and are not provided in the course of an attorney-client relationship nor do they constitute legal advice. The articles presented may not be applicable to your particular legal situation. You should consult with a lawyer regarding your specific legal needs.
Caution is advised when sending us electronic mail ("e-mail"). Unless you are a client of Naegele, your e-mail will not be privileged and may be disclosed to other persons by reason of the electronic-mail process itself, over which we have no control. The act of sending e-mail to us does not alone create an attorney-client relationship. Even if you are a client, please be aware that e-mail is not totally secure, nationally or internationally. Sensitive, confidential messages should be sent by other means of communication.
Before an attorney-client relationship is established, you must have a fully-executed Fee Agreement with Naegele, and we must have received any required retainer(s). If you are not a client, please do not send us money or documents. The act of sending money or documents to us does not alone create an attorney-client relationship.
Naegele maintains the content of the Site for your personal information, education, and communication. Provided that you accept and comply with the Terms and Conditions, you have the limited right to access and use the Site to view the various material, including information, documents and other content on the Site and to copy, download or print a single copy of any of the information and material available on it, solely for your non-commercial, personal use and not for resale or distribution to anyone else, provided you also maintain all copyright and other proprietary notices on each copy of reproduced material. The foregoing authorization does not apply with respect to the design or layout of the Site. You may not copy, reproduce, download, upload, post, transmit, translate, modify, distribute, sell, rent, license, transfer, mirror, frame or create derivative works of the Site, in whole or in part, in any form or by any means.
Naegele reserves the right to restrict, suspend or terminate your access to all or part of the Site at any time and for any reason; however, Naegele assumes no obligation to do so. The provisions of these Terms and Conditions concerning the ongoing interests of the parties shall continue and survive in full force and effect following any such termination.
The Site and all content provided on the Site are protected by copyright, trademark and other intellectual property and proprietary rights laws, and are owned, controlled and/or licensed by Naegele. In particular, Naegele owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination and arrangement of the information and materials available on the Site. The trademarks, logos, and other names displayed on the Site are registered and unregistered trademarks of Naegele and others. Nothing contained on the Site should be considered as granting, by implication, estoppel, custom, usage or otherwise, any license or right to use any trademarks, logos, or other names including, but not limited to, those identifying Naegele and its services displayed on the Site, without the express written consent of Naegele or such other party that may own such trademarks, logos and other names. Your misuse of the trademarks, logos and other names displayed on the Site and any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are advised that Naegele will aggressively enforce its rights to the fullest extent of the law, including, where appropriate and available, the seeking of criminal prosecution.
Naegele neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Naegele. In particular, where information on the Site is based on content from third parties, Naegele is not responsible for such content.
Images of people or places displayed on the Site are either the property of, or used with permission by Naegele. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Although Naegele has endeavored to create a secure and reliable site, please be advised that the confidentiality of any communication or information transmitted over the Internet cannot be guaranteed. Consequently, Naegele is not responsible for the security of any communication or information transmitted via the Internet, the accuracy of the information contained on the Site, or the consequences of any reliance on such information. You must make your own determination as to these matters.
Any communication or material you transmit to the Site by e-mail or otherwise will be treated in accordance with our Privacy and Security Policy. By transmitting or posting any communications or materials to the Site, you agree that Naegele may use your communications or materials or information generated as a result of such communications or materials for any purpose. Naegele is free to use any ideas, concepts or know-how contained in such communications or materials for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products using such information. You agree that any information submitted at the Site does not infringe on the intellectual property or other rights of any third parties, and you grant to Naegele the right to provide access to such information from the Site.
The Site may contain links to third-party Web sites that are not under our control or operation. Naegele provides any such links only as a convenience, and in providing them Naegele is in no way acting as a publisher or disseminator of the material contained therein. Naegele has not reviewed all of the sites linked to the Site and is not responsible for the content of any non-Naegele off-site pages or sites linked to the Site or for any changes or updates to any such sites. Your linking to any such off-site pages or sites is at your own risk. The inclusion of any link does not imply our affiliation with, or our endorsement or adoption of, the linked site, that party or its product(s) or service(s), any third-party site linked to that site, or any information contained on any such sites and does not mean that Naegele is legally authorized to use any trade mark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites.
Although Naegele may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Naegele is under no obligation to do so and assumes no responsibility or liability arising from the content thereof nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such content on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or otherwise violate any law. Naegele will fully cooperate with any law enforcement authorities or court order requesting or directing Naegele to disclose the identity of anyone posting any such information or materials.
Naegele makes no representation that materials in the Site are appropriate or available for use outside The United States of America.
Software from the Site is further subject to United States Export Controls. No software from the Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND, ACCORDINGLY, NAEGELE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, ORAL OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR USE OF (OR THE INABILITY TO USE) THE SITE IS AT YOUR SOLE RISK. YOU AGREE THAT YOUR SOLE REMEDY IN THE EVENT OF ANY PROBLEM WITH THE SITE IS TO CEASE USING THE SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NAEGELE DISCLAIMS ALL WARRANTIES, CONDITIONS AND GUARANTEES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT OF THIRD PARTY RIGHTS.
NAEGELE DOES NOT GUARANTEE THAT YOU WILL HAVE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SITE, OR THAT THE SITE WILL BE ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NAEGELE ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, OR USE OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS INCLUDING, BUT NOT LIMITED TO, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.
NEITHER NAEGELE NOR ITS PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONSULTANTS SHALL BE LIABLE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR ECONOMIC DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF SAVINGS, DAMAGES FROM LOST DATA, LOSS OF OR DAMAGE OF SOFTWARE OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE, THE SITE OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE OR THE CONTENT CONTAINED ON SUCH SITE(S), WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT NAEGELE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold Naegele and its partners, officers, directors, employees, agents and consultants harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to or arising out of: (i) your breach of any provision of the Terms and Conditions or any applicable law or proprietary or privacy right in connection therewith; or (ii) your use of the Site and/or the content contained in the Site.
These Terms and Conditions and all matters relating to your access to, and use of, the Site shall be construed in accordance with the laws of the District of Columbia and the United States of America without regard to any conflict of law provisions. The parties specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. Any dispute arising under these Terms and Conditions or in connection with the Site shall be resolved exclusively by mandatory arbitration.
Non-United States Residents
Naegele makes no representation that the Site materials, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States of America. Those who choose to access the Site from locations outside of the U.S.A. do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.
If you have questions or concerns regarding these Terms and Conditions, please contact us by sending an e-mail to firstname.lastname@example.org.
– Terms and Conditions of Use – Version 03– July 14, 2004
PRIVACY AND SECURITY POLICY
When you provide us with online information through the Site, we respect your privacy. It is important for you to understand what information we collect about you during your visit and what we do with that information. Please note that your visit to the Site is subject to this Privacy and Security Policy and our Terms and Conditions.
At all times, we reserve the right to disclose any information, including personally- identifiable information, to comply with any applicable law, regulation, legal process or governmental request; to protect Naegele rights or property including, without limitation, during emergencies when safety is at risk, or for fraud protection and risk reduction purposes.
1. Information Collection and Use
We only collect personally-identifiable information about you via the Site when you provide it in connection with a request for a product, service or information, or when you voluntarily provide it. For example, if you decide to complete a user registration form or survey, we may ask you for information such as your contact information (e.g., name, e-mail address and mailing address). When you submit your personally-identifiable information on the Site, you are giving your consent to the collection, use and disclosure of your personal information as set forth in this Privacy and Security Policy. Naegele may use the information that you provide to fulfill your request for a product, information or service, or to respond to an e-mail or other request, as well as to create and deliver to you our newsletters or surveys, communications containing product or service information, usage tips or promotions, communications that help improve our Web site(s) or services, or customize visitors' experience at our Web site(s). We do not share your information with unaffiliated third parties unless you authorize us to do so, or unless it is necessary to fulfill our responsibilities including, but not limited to, delivering a product or service to you. If you prefer not to receive e-mail marketing communications from us, please see Section 6 below. You cannot opt-out of receiving communications from Naegele (or third parties who may assist us) relating to a specific order or request for a product or service. If you would prefer that we not collect any personally-identifiable information from you, please do not provide us with any such information.
We may also collect, store or accumulate certain non-personally identifiable information concerning your use of the Site, such as information regarding which of our pages are most popular. Information gathered may be used in aggregate form for internal business purposes, such as generating statistics and developing marketing plans. We may share or transfer such aggregate, non-personally identifiable information with or to our affiliates, licensees and partners.
The Site is intended for adults. We do not knowingly collect personal information from children under the age of 13. However, if the parent or guardian of a child under 13 believes that the child has provided us with personally-identifiable information, the parent or guardian of that child should contact us at email@example.com if they want this information deleted from our files so that it is not in retrievable form. If we otherwise obtain knowledge that we have personally-identifiable information about a child under 13 in retrievable form in our files, we will delete that information from our existing files so that it is not retrievable.
Consent to Processing:
By providing any personal information to Naegele sites, all users, including without limitation users in the member states of the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States of America.
2. Ensuring Your Security
We use privacy protection controls—including, but not limited to, restrictions on employee access—to safeguard your personal information.
3. Technology Utilized
4. Third Parties
We may rely on other companies and individuals to perform functions on our behalf. Examples include data analysis firms, customer support specialists, web design and hosting companies, and fulfillment companies (e.g., companies that fill product orders or coordinate mailings). We may share personally-identifiable information with such third parties as appropriate for them to perform their functions, but they may not use such information for any other purpose. If you do not want to receive e-mail marketing communications, see section 6 below for opt-out information.
5. Notification of Changes
We may revise this Privacy and Security Policy from time to time. If we decide to change it, we will post the revised notice here. As we may make changes at any time without notifying you, we suggest that you periodically consult this Privacy and Security Policy.
You may e-mail us at firstname.lastname@example.org, putting “unsubscribe” in the subject line and the e-mail address you require deleted as the message text. We will make every reasonable effort to respect your contact wishes. Please be aware that information flows through a variety of channels which may sometimes cause your opt-out wishes to be delayed. In the event you feel that you have been contacted and should not have been, or if you have questions or concerns regarding this statement, please contact us at the e-mail address above.
– Privacy and Security Policy – Version 02– July 14, 2004