|
|
 |
Our Policies
Legal Services
Your review, consideration, contribution, or exchange of information on the KGScounsel.com website does not
create a lawyer-client relationship between you and Kahn Gauthier Swick, LLC. The information that follows explains how you can become
a client of the Kahn Gauthier Swick, LLC.
Our Mission
Kahn Gauthier wants to become your comprehensive online legal solution. Soon we will offer you solutions online
to many of your legal needs, conveniently, securely, and economically. Our goal is to offer you access to attorneys with
substantial experience and success in their practice field, attorneys that put the client's interest first. We want you
to be able to come to one source online, Kahn Gauthier Swick, LLC, for your legal needs with complete confidence.
Creating the Attorney-Client Relationship
Here is how an attorney-client relationship can be created between you and Kahn Gauthier Swick, 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.
The Kahn Gauthier Swick, 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 the Kahn Gauthier Swick, 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
The Kahn Gauthier Swick, 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 Gauthier Swick, LLC. The information will remain confidential
even if we do not both agree to create an attorney-client relationship. The Kahn Gauthier Swick, 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 Gauthier Swick, 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 the Kahn Gauthier Swick, 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 KGScounsel.com Website
The Kahn Gauthier Swick, LLC encourages its clients to take advantage of the information service offered on
KGScounsel.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.
Terms and Conditions
These 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 Gauthier Swick, LLC,
and to persons who request legal evaluation of claims they might have. See
Legal Services for more information.
- In General
- How You Can Use Site Information
- Site Standards
- Monitoring
- Effect of Posting
- Web Site Links and Third-Party Sites
- No License Granted
- Disclaimer
- Limitation of Liability
- Miscellaneous
1. In General
Before using the KGScounsel.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 the Kahn Gauthier Swick, LLC, its lawyers, and its services
is accurate. However, some of the information we provide comes from sources outside the firm, and the Kahn Gauthier
Law Group, 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.
2. 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.
3. Site Standards
Unlawful, slanderous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, insulting, threatening
and harassing comments are not appropriate in the KGScounsel.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:/p>
- 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.
KGScounsel.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@KGScounsel.com
4. 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.
5. 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 Gauthier Swick, 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.
6. 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.
7. 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 the
Kahn Gauthier Swick, LLC or other companies with which we are affiliated. You understand that you have no rights to
the services or any other Kahn Gauthier Swick, LLC property except as we indicate in these terms.
8. Disclaimer
KGScounsel.com is a service provided to consumers by the Kahn Gauthier Swick, LLC. All the materials you see
on this web site or in any KGScounsel.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 the Kahn Gauthier Swick, LLC or any of its attorneys. Your use of the
KGScounsel.com web site or its e-mail does not create an attorney-client relationship between you and Kahn Gauthier
Law Group, LLC. You should not act or rely upon any information in this site without seeking the advice of an attorney.
The Kahn Gauthier Swick, 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 KGScounsel.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 the Kahn Gauthier Swick, 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.
9. 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 the Kahn Gauthier Swick, 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.
10. Miscellaneous
These terms are the entire agreement between you and us. They supersede any and all prior or contemporaneous agreements
between you and the Kahn Gauthier Swick, 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.
Privacy Bill Of Rights
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 Gauthier Law
Group, LLC, provider of KGScounsel.com, and to persons who request legal evaluation of claims they may have. See
Legal Services for more information.
- Our Commitment To Privacy
- The Information We Collect
- How We Use Information
- Our Commitment to Data Security
- Our Commitment to Children's Privacy
- Your Acceptance
1. 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 KGScounsel.com site.
2. The Information We Collect
Certain features of KGScounsel.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.
KGScounsel.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.
3. 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 Gauthier Swick, 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.
4. 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:).
5. 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 KGScounsel.com site with your username and password and clicking on the "my emails"
link to unsubscribe.
6. 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.
How To Contact Us
650 Poydras St. Suite 2150 · New Orleans, Louisiana 70130
(504) 455-1400 · fax: (504) 455-1498
|
 |
|