Your review, consideration, contribution, or exchange of information on the KSFcounsel.com website does not create a lawyer-client relationship between you and Kahn Swick & Foti, LLC. The information that follows explains how you can become a client of Kahn Swick & Foti, LLC.
Creating the Attorney-Client Relationship
Here is how an attorney-client relationship can be created between you and Kahn Swick & Foti, LLC. You provide us information about a specific problem or claim you feel you may have through one of the site links for cases in which we are accepting claims, or by email or telephone. Kahn Swick & Foti, LLC will evaluate that information and inform you by email whether we are willing to represent you in the specific matter you have presented to us. If either Kahn Swick & Foti, LLC or you do not agree to create an attorney-client relationship, none will exist. An agreement to represent you in a specific matter does not obligate us to represent you either generally or in any other specific matter.
Our Commitment to Prospective Clients
Kahn Swick & Foti, LLC will keep confidential the information you provide when you ask us to evaluate a possible claim or other legal problem, to the same extent that such information would be confidential if an attorney-client relationship actually existed between you and Kahn Swick & Foti, LLC. The information will remain confidential even if we do not both agree to create an attorney-client relationship. Kahn Swick & Foti, LLC will respond with reasonable promptness to your inquiry, and all information in our response will be accurate.
Our Commitment to Our Clients
If you become a client of Kahn Swick & Foti, LLC, we will represent you zealously, competently, and diligently. We will keep you informed of the progress of the matter in which we are your attorneys, and we will respond to your reasonable requests for information about it. We will be loyal to you and put your interests first. We will not represent anyone who is opposed to you in the same or an substantially related matter.
We will keep confidential all information relating to the representation, unless you consent to its release. Information that is generally known, such as a listed telephone number, is not confidential. We will use your confidential information only to advance your interests in the matter in which we are serving as your attorneys. We do reserve the right to reveal confidential information (1) if we believe it is necessary to prevent your committing a crime that is likely to result in death or substantial bodily harm, (2) to establish a claim or to defend Kahn Swick & Foti, LLC and its lawyers in a controversy with you, or (3) to respond to allegations about how we have represented you.
Client Participation in the KSFcounsel.com Website
Kahn Swick & Foti, LLC encourages its clients to take advantage of the information service offered on KSFcounsel.com and to participate in its Community Bulletin Boards. Your doing so, however, is not part of our attorney-client relationship and remains subject to the Terms and Conditions and Privacy Bill of Rights applicable to that service.
The following Terms and Conditions ("terms") apply to your use of this site to access legal information. Other terms apply to persons who become clients of Kahn Swick & Foti, LLC, and to persons who request legal evaluation of claims they might have. See Legal Services for more information.
In General
Before using the KSFcounsel.com web site ("site"), please read Your Terms and Conditions set forth below. Your use of this site and all information is subject to the binding legal terms set forth below. You understand that we may update these terms from time to time without giving you any notice. You are responsible for checking this page periodically for changes and updates. Your use of the site following any posted changes to these terms will be deemed an acceptance of such changes. By virtue of your use of this site, you agree to be bound to all terms and conditions set forth below. If you do not agree with any terms set forth below, you are not authorized to use the site for any reason.
The information provided through this site about Kahn Swick & Foti, LLC, its lawyers, and its services is accurate. However, some of the information we provide comes from sources outside the firm, and Kahn Swick & Foti, LLC and its employees do not guarantee the accuracy, completeness, objectivity, or usefulness of all information on our site. The information on our site is not legal advice in any form or fashion, and should not be relied upon as such. By using this site, you agree to be bound to our Legal Services policy and Privacy Bill of Rights, incorporated by reference into these terms.
Any information you provide to us must be true and accurate. We may stop you from using the site if you do not update and maintain accurate information, including an accurate email address. We reserve the right to terminate any member's membership at any time, without notice. By registering to use our site, you agree to have only one active registration with us. If you fail to follow these terms, we may immediately terminate your use of the site.
How You Can Use Site Information
You may use the information on the site for your personal, non-commercial use. You may not, and agree not to, modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information or content, obtained from the site. This also means that you may not mirror the home page or results pages of the site on your own web site or web page.
If you want to make commercial use of any part of this site, please contact us.
Site Standards
Unlawful, slanderous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, insulting, threatening and harassing comments are not appropriate in the KSFcounsel.com forums and are forbidden. Advertisements, solicitations and similar commercial materials are not allowed. Any form of direct or indirect personal attack or harassment or any comment that calls for unlawful or illegal behavior or might result in harm to others is prohibited.
Users may not upload, post or otherwise make available any material in the forums protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. Users are solely liable for any damage resulting from any infringement of such rights or any other harm resulting from such a submission.
We reserve the right, in our sole discretion, to bar users who fail to observe the terms of this policy.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the our web site;
- your address, telephone number, and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
KSFcounsel.com's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
Lewis Kahn
650 Poydras St. Suite 2150
New Orleans, Louisiana 70130
(504) 455-1400
fax: (504) 455-1498
email: lewis.kahn@KSFcounsel.com
Monitoring
We shall have the right, but not the obligation, to monitor the content of the forums to determine compliance with the site's standards and to satisfy any law, regulation or authorized government request. We shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the site for any reason. You should be aware that other members may not be who they say they are. We do not verify the identity of people using our site, and you assume the risk of believing any member content you read. Consequently, please approach messages with appropriate skepticism. Further, messages posted may be misleading, deceptive or in error. You understand that we are not responsible for the truth, completeness, objectivity or usefulness of any member content, nor do we endorse any member content.
Effect of Posting
By submitting information or materials to the forums, including, without limitation, feedback, questions, comments, suggestions, ideas, graphics or computer files, the user expressly grants, or warrants that the owner of such material has expressly granted, Kahn Swick & Foti, LLC, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and to incorporate it in other works in any form, media or technology now known or hereafter developed.
Web Site Links and Third-Party Sites
This site may contain links to other web sites that are independent of this site. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any of these sites. Any link on our site to a third party site shall not in any manner be construed as an endorsement by us of that web site, or the products or services or content described on that site.
Furthermore, these links may lead to site or links that contain offensive content or which many contain dangerous computer viruses. We hereby disclaim all responsibility for any of the content on these sites and any damage sustained by users of these sites.
No License Granted
Except for allowing you to use the site for your personal use as set forth in these terms, when you use the site, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of Kahn Swick & Foti, LLC or other companies with which we are affiliated. You understand that you have no rights to the services or any other Kahn Swick & Foti, LLC property except as we indicate in these terms.
Disclaimer
KSFcounsel.com is a service provided to consumers by Kahn Swick & Foti, LLC. All the materials you see on this web site or in any KSFcounsel.com e-mail are for informational purposes only and should not be considered legal advice. There is no guarantee that these materials are correct, complete, or up to date. Further, these materials do not necessarily reflect the opinions of Kahn Swick & Foti, LLC or any of its attorneys. Your use of the KSFcounsel.com web site or its e-mail does not create an attorney-client relationship between you and Kahn Swick & Foti, LLC. You should not act or rely upon any information in this site without seeking the advice of an attorney. Kahn Swick & Foti, LLC may practice in federal district courts throughout the United States, and in state courts where we are allowed to practice. In particular cases we work with other attorneys licensed to practice in many federal and state courts in the United States.
You understand that your use of the site's information services (including any download from these services and any loss of data or other damage to your computer system you experience from using these services) is at your sole risk. You understand and agree that all information, products and other content (including third party information, products and content) included in or accessible from the site are provided on an "as is" "where is" and "where available" basis, and are subject to change at any time without notice to you.
To the fullest extent permitted by law, we disclaim all representations, conditions and warranties of any kind, express or implied, statutory or otherwise, including without limitation any warranty of merchantability, fitness for a particular purpose, title or non-infringement.
We make no warranty that our information service and our site will meet your requirement or expectations, or that the service will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained or as to the accuracy or reliability of any information obtained from our site.
No information, whether oral or written, obtained by you through our site shall create any warranty not expressly made herein. You are solely responsible for any damages to your computer system or loss of data that results in the downloading of any files on the service or any external links available on the service.
The KSFcounsel.com web site contains links to other resources on the Internet for the purpose of providing additional sites of interest. These links do not state or imply that Kahn Swick & Foti, LLC sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in those links.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event will we, our affiliates, any of the companies we or they are affiliated with, or any of our or their content providers, be liable to you (or any third party making claims through you) for any damages whatsoever, including but not limited to any direct, indirect, incidental, consequential damages, or punitive damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods or services, unauthorized access to and tampering with your personal information or transmissions, arising out of or related to the use, inability to use the information or messages received, unauthorized use or access, performance or non-performance of the site, or alteration of user's transmission or data, even if Kahn Swick & Foti, LLC has been advised previously of the possibility of such damages and whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise.
Miscellaneous
These terms are the entire agreement between you and us. They supersede any and all prior or contemporaneous agreements between you and Kahn Swick & Foti, LLC relating to your use of the site. If any of these terms is determined to be invalid or unenforceable, that determination will not impact any other provision of these terms, all of which will remain in full force and effect. These terms are governed by, and will be interpreted in accordance with, the laws of the State of Louisiana, without regard to any choice of law provisions. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in the State of Louisiana, regarding any and all disputes relating to these terms, or to your use of the site.
This policy applies to your use of this site to access legal information and to participate in the exchange of information with other site members in the Community Section. Other policies apply to persons who become clients of Kahn Swick & Foti, LLC, provider of KSFcounsel.com, and to persons who request legal evaluation of claims they may have. See Legal Services for more information.
Our Commitment To Privacy
Your privacy is important to us. To better protect your privacy we provide this Privacy Bill of Rights explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make a link available at the bottom of every page on the KSFcounsel.com site.
The Information We Collect
Certain features of KSFcounsel.com require registration. The types of personal information collected to register on the site include a consumer's name, address, e-mail address, phone number, date of birth, gender, marital status, education, and household income.
You should be aware that voluntary disclosure of personal information, for example e-mail addresses, in the community section of our site, along with any other substantive information disclosed in a posting to a forum could be collected and used by third parties. Such use may result in unsolicited messages from other posters or third parties. Such activities are beyond our control and are not subject to this Privacy Bill of Rights, so you should exercise caution when deciding to disclose your personal information.
KSFcounsel.com links to other web sites. The privacy policies of those web sites may significantly differ from that of our site. It is your responsibility to contact such web site operator directly to determine their privacy policy.
How We Use Information
Under certain circumstances, we may contact you, such as unusual account activity or for purposes of customer service.
We reserve the right to disclose any information we obtain from your use of this site if such action is necessary (a) to conform to the requirements of the law or to comply with legal process or subpoena served upon us, (b) to protect and defend the legal rights or property of Kahn Swick & Foti, LLC, the site, or its users, or (c) in an emergency, to protect the health and safety of its users or the general public. We further reserve the right to release any information concerning any user if that user participates (or is reasonably suspected of participating) in any illegal activity, even without a subpoena, warrant, or other court order. We cooperate with law enforcement agencies in identifying those who may be using our servers or services for illegal activities. We also reserve the right to report any suspected illegal activity to law enforcement for investigation or prosecution.
Please contact us with any questions concerning how we use your information.
Our Commitment To Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. Online, your personal information is protected through secure sockets layer software (SSL) and sophisticated firewall technology. You can identify the secure connection by looking at the URL, which will begin with https: (instead of http:).
Our Commitment To Children's Privacy
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 18, and no part of our website is structured to attract anyone under 18. Persons under the age of 18 are not eligible to use any services on our site. A parent or other person with legal authority may use our site on behalf of a person under the age of 18.
When you register with us, you are opted into our general class action and recall alert e-newsletter. There are many other e-newsletters that you may sign up for at various points located throughout our site. You may opt out of any e-newsletter by logging into the KSFcounsel.com site with your username and password and clicking on the "my emails" link to unsubscribe.
Your Acceptance
By virtue of your use of this site, you agree to be bound to all terms of the Privacy Bill of Rights, which may change from time to time as posted on this site. This Privacy Bill of Rights is subject to Terms and Conditions ("terms") posted on this site, including the provisions regarding change or modification of this Privacy Bill of Rights and other policies as set forth in the terms. You are responsible for checking this page periodically for changes and updates. Your use of the site following any posted changes to the Privacy Bill of Rights will be deemed an acceptance of such changes. This Privacy Bill of Rights is part of, and incorporated into, the terms.
By providing any personal information to this site, you fully understand and unambiguously consent to the collection and processing of such information in the United States and/or any other country.