Sayles & Evans
Terms of Use
By using SaylesEvans.com, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The terms "we" and "us" refer to Sayles & Evans. The term "you" refers to the user or viewer of our Web site.

  1. Acceptance of Agreement. You agree to the terms and conditions set forth in this Terms of Use Agreement ("Agreement") with respect to all www.saylesevans.com pages (the "Site"). This Agreement may be amended by us from time to time without specific notice to you. The latest version of the Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.


  2. No Attorney-Client Relationship. YOUR USE OF THE SITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. Information contained on or made available through the Site is not intended to and does not constitute legal advice. Choosing an attorney is a serious matter and should not be based solely on information contained on the Site and may not be accomplished by sending us confidential information related to you and/or your company unless we have expressly authorized the submission of such information by written authorization to you.


  3. Use In Other Jurisdictions. Our lawyers generally practice in the State of New York. We practice law only in jurisdictions in which we are properly authorized to do so. We do not seek to represent anyone in any other jurisdiction.


  4. Privacy & Confidentiality. You may send us email. However, if you communicate with us in connection with a matter for which we do not already represent you, you should not send us confidential or sensitive information via email because your communication will not be treated as privileged or confidential. If you communicate with us by email in connection with a matter for which we already represent you, you should note that the security of Internet email is uncertain. By sending sensitive or confidential email messages which are not encrypted, you accept the risks of such uncertainty and possible lack of confidentiality over the Internet.


  5. Copyright. This Site was created by Sayles & Evans and is 2004 by Sayles & Evans. All rights are reserved in all content and underlying programming. Permission is granted to view, store, print, reproduce, and distribute any pages within this Site provided that (a) none of the pages is modified and (b) this page is included with any distribution.


  6. Linking to our Site. You may provide links to the Site, provided (a) your site does not engage in illegal or pornographic activities, and (b) you discontinue providing links to the Site immediately upon request by us.


  7. Links to Third Party Websites. We may provide links to third party websites as a convenience to users of this Site. We do not control third party websites and are not responsible for the contents of any hyperlinked third party websites. We do not endorse, recommend or approve any third party website linked from this Site and shall have no liability to any entity for the content or use of the content available through such third party websites.


  8. Disclaimer. We do not warrant or guarantee the accurateness, completeness, or adequacy of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk. You should not act or rely on any information on the Site without seeking your own professional legal counsel. THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER, EXCEPT AS PROVIDED IN THIS AGREEMENT. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.


  9. Limitation of Liability. (a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (i) any errors or omissions in the Site or information obtained therefrom, (ii) the unavailability or interruption of the Site or any features thereof, (iii) your use of the Site, (iv) the content contained on the Site, or (v) any delay or failure in performance beyond the control of us or an Affiliated Party. (b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.


  10. Indemnification. You agree to indemnify, defend, and hold harmless us and our partners, associates, agents, attorneys, employees, subcontractors, successors, assigns, and affiliates (collectively, "Affiliated Parties") from any liability, loss, claim, and expense related to your violation of this Agreement or use of the Site.


  11. Legal Compliance. You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Site and the content and materials provided therein.


  12. Miscellaneous. This Agreement shall be treated as though it were executed and performed in Elmira, New York, and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Any cause of action by you with respect to the Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision of this Agreement nor affect any of the rights or obligations of the parties to this Agreement. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed as much as possibly consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.


  13. Arbitration. Any legal controversy or legal claim arising out of or relating to this Agreement or the Site (excluding legal action taken by us or you to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement), shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Elmira, New York. Each party shall bear one-half of the arbitration fees and costs incurred in arbitration, and each party shall bear its own attorneys' fees.
Sayles & Evans     One West Church Street     Elmira, NY   14901
tel: 607-734-2271     fax: 607-734-1754