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Welcome to the Kaplan Voekler Cunningham & Frank, PLC, website. BY USING OUR SITE, 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 term “Kaplan Voekler” “KVCF” “us,” “we,” or “our” refers to Kaplan Voekler Cunningham & Frank, PLC. The term “you” refers to the user or viewer of our website.

Acceptance of Agreement

By using this site you indicate your willingness to comply with and your understanding of the terms and conditions set forth in this Terms of Use Agreement. This agreement constitutes the only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the website and the subject matter of this Agreement. This Agreement may be amended at any time by us without specific notice to you. If any change is not acceptable, you must discontinue your use of the Site immediately. Using the Site after the date that these Terms of Use are changed constitutes your irrevocable acceptance of such changes. The latest version of the Agreement will be posted on the website, and you should review this Agreement prior to using the website. Further, you agree that any dispute you may have arising from, or related to, the subject matter thereof shall be governed by, and interpreted in accordance with, the laws of the Commonwealth of Virginia. By using this site, you consent to submit to the exclusive jurisdiction of the state and Federal courts of the Commonwealth of Virginia.

No Legal Advice or Attorney-Client Relationship

The materials contained at this site have been prepared by Kaplan Voekler Cunningham & Frank, PLC for informational purposes only. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Please note that an attorney-client relationship, and corresponding confidentiality, does not exist until Kaplan Voekler Cunningham & Frank, PLC has determined that no conflicts of interest exist, has agreed to the representation and has secured a letter of engagement. Internet subscribers and online readers should not act upon this information without seeking independent legal counsel.

This website is not intended to be a source for legal advice. The materials on this site are intended but not guaranteed to be correct, complete and up-to-date. We do not intend any information on this site to be treated or considered as the most current expression of the law on any given point, and certain legal positions expressed on this site may be, by passage of time or otherwise, superseded or incorrect. Readers should not consider the information provided to be an invitation for an attorney-client relationship, and should always seek the advice of independent legal counsel in the reader’s home jurisdiction.

Designation

To the extent required by the Rules of the Virginia State Bar or the Rules for any other State Bar, Kaplan Voekler Cunningham & Frank, PLC designates its office in Richmond, Virginia as its principal office and Robert R. Kaplan, Jr., as the attorney responsible for this website.

Site Content and Intellectual Property Ownership

You acknowledge that the messages, information, data, text, software, images, graphics or other materials posted on the Site (the “Content”) contain trademarks, copyrights and other proprietary material, the ownership or licensed rights to which are owned by Kaplan Voekler Cunningham & Frank, PLC, its third party licensors or suppliers, and that such proprietary material is protected by law, including U.S. copyright laws and international treaty provisions. The “look and feel” of the website (including color combinations, text, images, logos, button shapes, layout, design compilation and presentation of information and all other graphical elements) are also Kaplan Voekler Cunningham & Frank, PLC trademarks and/or copyrights. Any unauthorized use of trademarks appearing on the website may constitute trademark infringement, which could subject the user to substantial civil penalties. The deletion or alteration of any copyright, trademark or other proprietary notices from the website is strictly forbidden.

Further, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any Content contained on the Site. You are granted a non-exclusive, non-assignable and non-transferable license to use the Site only under this Agreement.

Links to Other Websites and Third Party Content

Further, Kaplan Voekler Cunningham & Frank, PLC does not warrant the accuracy, completeness or security of any other website which the user may access through the Kaplan Voekler Cunningham & Frank, PLC website or which provides links to the Kaplan Voekler Cunningham & Frank, PLC website; nor does such a link between the Kaplan Voekler Cunningham & Frank, PLC website and a third party’s website constitute an endorsement or recommendation of such third party’s products, services and/or informational content. We are not responsible for and assume no liability for any third party content.

CASE RESULTS

OUR WEBSITE DESCRIBES SOME OF THE LEGAL MATTERS THAT THE ATTORNEYS OF KAPLAN VOEKLER CUNNINGHAM & FRANK, PLC HAVE WORKED ON IN THE PAST. OUR DESCRIPTION OF THOSE CASES IS SUMMARY IN NATURE. YOU SHOULD BE AWARE THAT THE RESULTS OBTAINED IN EACH OF THE LEGAL MATTERS WE HAVE WORKED ON WAS DEPENDENT ON THE PARTICULAR FACTS OF EACH CASE. THE RESULTS OF OTHER CASES WILL DIFFER BASED ON DIFFERENT FACTS INVOLVED. NOTHING HEREIN IS INTENDED TO NOR CONSTITUTES A GUARANTEE, WARRANTY OR PREDICTION REGARDING THE OUTCOME OF YOUR LEGAL MATTER. EVERY CASE IS DIFFERENT AND OUTCOMES WILL VARY DEPENDING ON THE UNIQUE FACTS AND LEGAL ISSUES OF YOUR CASE.

DISCLAIMER

YOU, THE USER, ASSUME THE SOLE RISK OF MAKING USE OF, AND/OR RELYING ON, THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE. THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS”, “AS AVAILABLE”, WITH ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, NONINFRINGEMENT, AND ACCURACY OF DATA OR CONTENT). THE INFORMATION AND SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER, EXCEPT AS PROVIDED BELOW. 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) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THIS SITE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 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 WEBSITE OR OTHERWISE SHALL CREATE A WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY OF ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

LIMITATION OF LIABILITY

(A) WE AND ANY AND ALL AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (I) ANY ERRORS IN OR OMISSION FROM THE WEBSITE OR INFORMATION OBTAINED, (II) THE UNAVAILABILITY OR INTERRUPTION OF THE WEBSITE OR ANY FEATURES THEREOF, (III) YOUR USE OF THE WEBSITE, (IV) THE CONTENT CONTAINED ON THE WEBSITE, OR (V) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND THE CONTROL OF US AND ANY AND ALL AFFILIATED PARTIES.

(B) THE AGGREGATE LIABILITY OF US AND ANY AND ALL AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AND ALL AFFILIATED PARTIES.

PRIVACY POLICY

KVCF is committed to maintaining robust privacy protections for its users. Our Privacy Policy (“Privacy Policy”) is designed to help you understand how we collect, use and safeguard the information you provide to us and to assist you in making informed decisions when using our site and our services.

By accessing our Site or our Service, you consent to our collection, storage, use and disclosure of your Personal Information as described in this Privacy Policy.

1. INFORMATION WE COLLECT

We collect “Non-Personal Information” and “Personal Information.” Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. Personal Information includes your email and other contact information, which you submit to us through the registration process at the Site.

1. Information collected via Technology

We track information provided to us by your browser or by our software applications when you visit the Site, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Site, the time and date of access, and other information that does not personally identify you. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal information about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis.

KVCF may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser.

2. Information you provide us by registering for access to content

In addition to the information provided automatically by your browser when you visit the Site, you can become a subscriber to our site when you subscribe to our newsletter, register for a webinar or download gated content. By becoming a subscriber, you are authorizing us to collect, store and use your email address in accordance with this Privacy Policy.

1. HOW WE USE AND SHARE INFORMATION

Personal Information:

We do not sell, trade, rent or otherwise share for marketing purposes your Personal Information with third parties. In general, the Personal Information you provide to us is used to help us communicate better with you. For example, we use Personal Information to provide your with valuable information, contact users in response to questions, solicit feedback from users, provide technical support, and inform users about promotional offers.

Non-Personal Information

In general, we use Non-Personal Information to help us improve and customize the user experience. We also aggregate Non-Personal Information in order to track trends and analyze use patterns on the Site.

If our information practices change at any time in the future, we will post the policy changes to the Site so that you may opt out of the new information practices. We suggest that you check the Site periodically if you are concerned about how your information is used.

III. HOW WE PROTECT INFORMATION

We implement security measures designed to protect your information from unauthorized access. We further protect your information from potential security breaches by implementing certain technological security measures including encryption, firewalls and secure socket layer technology. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By accessing our Site, you acknowledge that you understand and agree to assume these risks.

1. YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION

You have the right at any time to prevent us from contacting you for marketing purposes. When we send a promotional communication to a user, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional e-mail. Please note that notwithstanding the promotional preferences you indicate by either unsubscribing or opting out, we may continue to send you administrative emails including, for example, periodic updates to our Privacy Policy.

1. CHANGES TO OUR PRIVACY POLICY

KVCF reserves the right to change this policy and our Terms of Service at any time. We will notify you of significant changes to our Privacy Policy by placing a prominent notice on our site. Significant changes will go into effect 30 days following such notification. Non-material changes or clarifications will take effect immediately. You should periodically check the Site and this privacy page for updates.