TERMS OF USE

Welcome to Woods, Fuller, Shultz & Smith. Please read on to learn the rules and restrictions that govern your use of our website(s), videos, and other information obtained from us (the “Services”), including, without limitation, videos regarding various topics that we prepare and make available to you.  Your obtaining of any Services will also be governed by any other terms made available by us to you during their delivery to you.  If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:

Email: Sander.Morehead@woodsfuller.com
Address: 300 South Phillips, Suite 300, Sioux Falls, SD 57104

These Terms of Use (the “Terms”) are a binding contract between you and WOODS, FULLER, SHULTZ & SMITH P.C.  (“Woods Fuller,” “we” and “us”). Your use of the Services in any way means that you agree to all of these Terms and any Additional Terms as defined below, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in any accompanying terms and conditions provided at the provision of Services. If there is a conflict between these terms and the terms of a written agreement between you and Woods Fuller, the terms of that written agreement will control. 

CONSENT AND REPRESENTATIONS OF USE

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). 

You will only use the Services you obtain for your own internal business or personal use, and not on behalf of or for the benefit of any third party.

OWNERSHIP OF SERVICES AND CONTENT

Unless otherwise noted, all materials, including but not limited to images, illustrations, designs, icons, photographs, video clips, software, and written and other materials (sometimes called “Content”) that are part of the Services including Woods Fuller’s website, are protected under copyright laws and are the trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Woods Fuller.  You may download, view, or access the Services for your personal, temporary, non-commercial viewing only.  No part of the Content or Services may otherwise be copied, reproduced, stored, republished, uploaded, posted, transmitted, or distributed in any form or by any means, electronic or mechanical, now known or hereafter invented, without the prior written permission from Woods Fuller. 

Subject to these Terms and any Additional Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Woods Fuller owns the Services and Content. You will not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Content or Services. 

ADDITIONAL TERMS

No Attorney-Client relationship.

Communication of information by, in, to or through the Services and your receipt or use of it (1) is not provided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter. The hiring of an attorney is an important decision that should not be based solely upon the Services or communications or advertisements about them. 

You also should not rely upon the transmission of an e-mail message to an attorney through the Services to create an attorney-client relationship. The transmission or exchange of information will not do so. Without an attorney-client relationship in the matter, we cannot assure you that your communications will be privileged or (unless we otherwise agree in a specific case) that we will treat them as such. Please do not send us any confidential or sensitive information until you speak with one of our attorneys and obtain prior written authorization to send that information to us.

No warranties.

The information presented in the Services, including Woods Fuller’s website, is provided "as is" without representation or warranty of any kind -- as to suitability, reliability, applicability, merchantability, fitness, noninfringement, result, outcome or any other matter.  We do not represent or warrant that such information is or will be always up-to-date, complete, or accurate.  Any representation or warranty that might be otherwise implied is expressly disclaimed. 

You agree that we are not liable to you or others, in any way or for any damages of any kind or under any theory, arising from the Services, including Woods Fuller’s website, or your access to or use of or reliance on the information in or through the Services, including but not limited to liability or damages under contract or tort theories or any damages caused by viruses contained within electronic files of this site or any linked site, regardless of prior notice to us. 

No guaranties of future results.

Practice and other descriptions, including attorney biographies, on Woods Fuller’s website may include descriptions of successful client representations, strategies or outcomes in matters, including transactional and adversarial proceedings. The results portrayed were dependent on the facts of the particular matters described, among other variables. Results will differ if based on different facts. We intend no assurance and make no guarantee or prediction that we will be successful in new matters, even if they involve similar facts and circumstances, or that we are successful in all matters. Results in any matter are not necessarily indicative of or similar to results in other matters.

Information purposes only.

Client Alerts presented on Woods Fuller’s website and otherwise through the Services are summaries for general information and discussion only and may be considered an advertisement for certain purposes. They are not full analyses of the matters presented, may not be relied upon as legal advice, and do not purport to represent the views of our clients or Woods Fuller. The views expressed in these newsletters are the views of the authors only except as otherwise noted.

No certification expressed or implied.

Unless otherwise expressly specified, the attorneys listed in the Services, including Woods Fuller’s website, are not certified by, or certified as specialists or experts by, any professional or governmental agency or authority. Designations of our firm's practice areas, or of expertise, practice concentrations or specializations of our attorneys are not intended (1) to suggest or represent the contrary, or (2) to suggest any professional or governmental standard by which such experience is measured, or (3) to denigrate other attorneys or firms in any way. 

Limits on Jurisdiction.

Although we have offices in several jurisdictions, our attorneys are licensed to practice only in those of such jurisdictions designated in their respective biographies. Unless otherwise stated, attorneys in our offices in countries outside the United States are not solicitors or barristers and are not licensed as local attorneys in the jurisdiction in which their office is located. 

No advertising or solicitation intended.

The Services including Woods Fuller’s website are not intended as advertising or solicitation in any jurisdiction where the site would be so characterized and fail to comply with all applicable laws and ethical rules of that jurisdiction. Woods Fuller does not seek to represent anyone based solely upon access to the Services, or upon advertising, or where to do so would not comply with applicable local laws and rules.

Miscellaneous.

We designate, to the extent that any jurisdiction requires designation, our Sioux Falls Office as our principal office and host server location and Sander J. Morehead as the attorney responsible for Woods Fuller’s website. 

Any disputes concerning the Services, including Woods Fuller’s website and the information in or use of it shall be governed by South Dakota law (without regard to conflicts of law principles), and any proceeding which may arise out of or in connection with the Services shall be brought solely in a court in Sioux Falls, South Dakota. 

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