WILKE & ASSOCIATES, LLP TERMS OF USE

Welcome to the website (the “Site”) of Wilke & Associates, LLP (“Wilke”, “Us”, “We” or “Our”). By accessing these Terms of Use (“Terms”), along with Wilke’s Privacy Policy, the User agrees to be bound by the Terms of this Site. If you, as User of the Site (“User”, “you” or “your”) do not agree with these Terms, or if you do not agree with the Privacy Policy, please do not use this Site. By using this Site, you acknowledge that you are 18 years of age or older, or are an emancipated minor, or possess parental guardian consent to use this Site.

ACCEPTANCE OF TERMS AND USE AND PRIVACY POLICY: BY ACCESSING AND BROWSING THIS SITE, YOU ACKNOWLEDGE YOU HAVE READ, UNDERSTAND AND ACCEPT TO BE BOUND BY THESE TERMS OF USE AND THE PRIVACY POLICY. WILKE MAY CHANGE THESE TERMS AND/OR THE PRIVACY POLICY SO USERS ARE ENCOURAGED TO VISIT THIS PAGE FROM TIME TO TIME TO REVIEW THE MOST CURRENT TERMS AND PRIVACY POLICY. YOUR CONTINUED USE OF THE SITE AFTER NEW OR REVISED TERMS ARE EFFECTIVE INDICATES YOU HAVE READ, UNDERSTAND AND HAVE AGREED TO THOSE NEW OR REVISED TERMS.

Copyright and Other Proprietary Rights to Content

This Site, along with the articles, bulletins, reports, press releases, text, images, trademarks, data, materials, software, databases, designs and other materials on the Site (collectively the “Content”) are the property of Wilke and are protected by trademark, copyright and other intellectual property laws. Any use of the Content, including copying any protected Content, without the permission of Wilke is expressly prohibited, except for fair use as that term is defined by the copyright law. Fair Use includes noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary and news reporting. Unless otherwise noted and subject to the requirements set forth below, Users may use Content from the Site for such purposes. Please note that you are responsible for determining whether your use of the Content is fair use under the copyright laws and you are also responsible for responding to any claims that may arise from your use. You understand that even if your use of the Content is fair use as defined by the copyright laws, use of some Content may nevertheless be protected by other proprietary rights such as trademark rights, rights of publicity, rights of privacy and/or contractual restrictions.

Trademarks

Many of the names, titles, trademarks, service marks, and logos (collectively, the “Trademarks”) displayed on the Site, are registered or unregistered marks of WILKE. The trademarks of third-parties may also be displayed on the Site. You may not use any Trademarks displayed on the Site without the express written permission of WILKE or the third party that owns the Trademark and you acknowledge and agree that nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademarks displayed on the Site. Any unauthorized use of the Trademarks, except as authorized in these Terms, is expressly prohibited.

Links to Third-Party Sites

This Site may provide links to sites that are owned or operated by third-parties who have no relationship with WILKE. (“Third-Party Sites”) We have no control over such Third-Party Sites and cannot guarantee, represent or warrant that the content on those sites is accurate and legal and do not contain viruses or other features that may adversely affect your computer. A link from our Site to a Third-Party Site does not imply a relationship with, or endorsement of, that site. These Third-Party Sites are governed by their own Terms of Use and we encourage you to read those terms if you choose to link to and use these sites.

Accessing the Site

Except for the Client Log In feature on the Site, which gives you access to your Personal Data Room, and NovelAspect feature on the Site, both of which require your own personal log in to secure access, you may access the Site without providing any registration information. In order to create your own account to gain access to your Personal Data Room and/or the NovelAspect features on the Site, you must complete the registration process. You are entirely responsible for maintaining the confidentiality of the required registration information, including your user name and password. You agree to notify WILKE immediately of any unauthorized use of your account(s) or any other breach of security. You may not use someone else’s account without the permission of the account holder.

Disclaimer Of Warranties And Limitation Of Liability

YOUR USE OF THE SITE AND ITS CONTENTS DOES NOT CREATE A PROFESSIONAL OR CONTRACTUAL RELATIONSHIP OF ANY KIND BETWEEN YOU AND WILKE. USE OF THE SITE AND ITS CONTENT IS AT YOUR OWN RISK. WILKE MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. FURTHER, NO REPRESENTATIONS OR WARRANTIES ARE MADE BY WILKE THAT THE SITE OR ITS CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF DEFECTS, VIRUSES, OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR CONTENT WILL MEET YOUR NEEDS OR EXPECTATIONS. WILKE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE THAT RELATE IN ANY WAY TO YOUR USE OF THE SITE AND IN NO EVENT SHALL WILKE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES RELATED TO YOUR USE OF THE SITE, EVEN IF WILKE WAS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Termination, Modifications and Content Removal

We may, at any time: (a) modify, suspend or terminate the operation of or access to the Site or any portion thereof for any reason; (b) modify or change the Site for any reason; (c) remove or change Content on this Site at any time in our sole discretion; or (d) interrupt the operation of the Site for any reason. Your access to, and use of the Site, may be terminated by you or by us at any time for any reason. Any provision of these Terms of Use which, by its nature should survive, will survive termination of these Terms, including, but not limited to, all obligations relating to your use of the Content and your license to us to use User Content.

Indemnification

You agree to indemnify, defend, and hold WILKE, its affiliates, directors, officers, employees and agents, harmless from and against all claims, causes of action, expenses, reasonable attorneys’ fees, losses and damages, arising from or relating to your use of the Site or any of the Content on the Site.

Jurisdiction, Venue and Choice of Law

These Terms of Use shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflict of law principles. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms of Use, may be brought only in a federal or state court located in Allegheny County, Pennsylvania and the parties hereby waive any objection that they may have to personal jurisdiction or venue in these courts.

Severability and Waiver

If any provision(s) of these Terms of Use is held to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. WILKE’S’s failure to exercise or enforce any rights or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Entire Agreement

These Terms of Use and the Privacy Policy are the sole and entire agreement between the parties with respect to the subject matter hereof and replace all prior or contemporaneous understandings or agreements regarding such subject matter.

How to Contact Us

If you have any comments, questions or concerns regarding these Terms of Use or any Content on the Site, please do not hesitate to contact us at Wilke & Associates, LLP, 1721 Cochran Road, Suite 200, Pittsburgh, PA 15220 or call us at 412-278-2200.

Effective Date: March 21, 2017.

©2017 Wilke & Associates, LLP. All rights reserved.