Please read the Terms of Use
carefully. These Terms of Use were last updated December 20, 2003.
Preliminarily, we ask that you keep in mind some simple
rules of common sense.
FIRST - Browsing this web site DOES
NOT MAKE YOU OUR CLIENT. There is only ONE
way to become our client: you must meet with a partner in the firm
personally and we must agree to represent you. This should not be a
surprise to anyone.
SECOND - We are a NEW YORK STATE law firm. We
do not have offices in any other state. We only practice law in New
York State. Therefore, we have nothing to say
about and offer no legal commentary on the law in any other jurisdiction
than New York State. Therefore, there should be no confusion about any of the
content being applicable to any other jurisdiction than New York. In
fact, reading the content of this site should teach that even localities
within New York City are radically different in their approach to criminal
justice. WE DO NOT SOLICIT OR SEEK TO
ADVERTISE TO NOR IS THIS SITE INTENDED FOR ANYONE WHO IS NOT CONCERNED
WITH FINDING OUT ABOUT CRIMINAL DEFENSE LAWYERS IN WESTCHESTER
OR PUTNAM COUNTY OR NEW
YORK CITY OR THE
CRIMINAL JUSTICE SYSTEM IN WESTCHESTER OR PUTNAM COUNTY OR NEW YORK CITY, NEW YORK.
THIRD - We NEVER recommend
that any legal decision (no matter how seemingly minor) be made about a
criminal case without consulting a qualified criminal defense lawyer who
is familiar with the case. We provide a great amount of detailed
information about the criminal justice system presented in an easy to
understand format for people who are interested in the reality of criminal
justice in Westchester or Putnam County and New York City. Reading this site
doesn't make you a criminal defense lawyer. Whether you
decide to contact us or someone else, you should always consult with a
criminal defense lawyer about any criminal case. Never attempt to do
any criminal case yourself.
Acceptance of Terms
Use of this site is provided to you subject to the
following (and above) terms and conditions of use. Additional terms
and conditions of use applicable to specific areas of the Site may also be
posted in those areas and, together with these terms of use, govern your
use of those areas. These terms of use, together with any such
additional terms and conditions, are referred to as the "Terms of
Use". Shalley & Murray reserves the right, in its
discretion, to change or modify any or all of the Terms of Use at any
time, effective immediately upon the posting of the revised Terms of Use
on the Site.
Your use of the Site will constitute your binding
acceptance of Terms of Use, including any changes or modifications made by
Shalley & Murray. If at any time the Terms of Use are no longer
acceptable to you, you should immediately cease all use of the Site.
Use of Content
You acknowledge that the Site may contain information,
text, software, photographs, audio and video clips, graphics, links and
other material (collectively, the "Content") that are protected
by copyright, trademark or other proprietary rights of Shalley &
Murray or third parties. You agree to comply with any additional
copyright notices, information, or restrictions contained in any Content
available on or accessed through the Site.
You may download or copy any Content owned by Shalley
& Murray for your own personal, noncommercial use, provided that you
maintain all copyright and other notices contained on such Content.
If you have any question as to whether Shalley & Murray owns certain
Content contained on the Site, do not download or copy it without first
contacting Shalley & Murray (for example, content that appears to have
been uploaded by a third party should not be copied or downloaded by you).
You may not copy, download, modify, publish, transmit, transfer the
Content, in whole or in part, without the prior written consent of Shalley
& Murray, except as expressly permitted in the Terms of Use or under
applicable law. Content consisting of downloadable software may not
be reverse engineered unless specifically authorized by the owner of the
software's patent and/or copyright.
Content
Shalley & Murray attempts to
provide accurate information about various aspects of the criminal justice
system in Westchester or Putnam
County and New York City. Nevertheless, the laws are subject to change, and
may change before the site can be updated to reflect the changes.
Therefore, Shalley & Murray stresses once again that THE
CONTENT IN THIS SITE IS NEVER TO BE CONSTRUED AS SPECIFIC LEGAL ADVICE IN
ANY PARTICULAR CASE. RATHER, VISITORS TO THE SITE SHOULD CONSIDER
THE INFORMATION CONTAINED IN THE SITE AS A STARTING POINT
TO THE SEARCH FOR BACKGROUND INFORMATION RELATED TO THE CRIMINAL JUSTICE
PROCESS IN WESTCHESTER OR PUTNAM COUNTY AND NEW YORK CITY.
Links and
References to other Businesses
The Site may contain links to Web
sites that are owned and operated by third parties unaffiliated to Shalley
& Murray. Shalley & Murray will not be held responsible for
the content of, or any products or services offered by any third party web
sites. The Site may also contain references to businesses other than
Shalley & Murray.
Specifically, THOMAS
THEOPHILOS, ESQ. IS MENTIONED FOR THOSE IN NEED OF POST-CONVICTION LEGAL
ASSISTANCE. USERS OF THIS SITE SHOULD IN NO WAY CONCLUDE THAT MR.
THEOPHILOS IS AN EMPLOYEE OR PARTNER TO SHALLEY & MURRAY. MR.
THEOPHILOS IS AN INDEPENDENT LAWYER OPERATING HIS OWN LEGAL PRACTICE.
USERS OF THIS SITE SPECIFICALLY AGREE THAT THEY UNDERSTAND AND ACCEPT THIS
BY USING THIS SITE. SHALLEY & MURRAY'S REFERENCES TO MR. THEOPHILOS'
SERVICES ARE NOT MEANT TO SUGGEST OR CREATE ANY AFFILIATION BETWEEN MR.
THEOPHILOS AND SHALLEY & MURRAY. SHALLEY & MURRAY IS NOT RESPONSIBLE
FOR THE SERVICES OFFERED BY MR. THEOPHILOS OR ANY OTHER BUSINESS
IDENTIFIED ON THIS SITE. NEITHER IS MR. THEOPHILOS RESPONSIBLE FOR
THE SERVICES OFFERED BY SHALLEY & MURRAY.
Furthermore,
the fact that a particular bail bond business was identified on the page
about bail bonds in New York, is not an endorsement of this business or
recommendation of this business, but instead represents a disclosure of
information. The parties are not responsible for the products or
services offered by any third party business identified or listed on this
site.
Similarly, third party web sites may
contain links to Shalley & Murray. Shalley
& Murray is not responsible for the content, or any products or
services offered by any third party web sites who choose to create a link
to Shalley & Murray on the third party web site. The fact that a
third party web site administrator has chosen to include a link to
Shalley & Murray on his web site is in NO WAY to be taken as an
endorsement or approval of the third party site, its content, products or
services, by Shalley & Murray.
Termination
Shalley & Murray reserves the
right, in its sole discretion, to restrict, suspend or terminate your
access to all or any part of the Site at any time for any reason without
prior notice or liability. Shalley & Murray may change, suspend,
or discontinue all or any aspect of the Site any time, including the
availability of any feature, database, or Content, without prior notice or
liability.
Privacy
This web site does not collect
personal information for obvious reasons. To the extent that users
of the site choose to email us, we urge you as strongly as we possibly can
to understand that email is not secure and may not be legally protected
under the attorney client privilege.
Disclaimer
Your use and browsing of this Site
are your own choices. If you are dissatisfied with the Site or any
Content, or with any of these terms of use, your sole and exclusive remedy
is to discontinue accessing and using the Site. SHALLEY
& MURRAY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR
ERROR-FREE, NOR DOES SHALLEY & MURRAY WARRANT THAT ANY DEFECTS IN THE
SITE OR INACCURACIES IN THE CONTENT WILL BE CORRECTED.
WITHOUT LIMIT, THE SITE AND ALL OF
THE CONTENT ARE PROVIDED TO YOU "AS IS". NONE OF SHALLEY
& MURRAY, ITS THIRD PARTY CONTENT PROVIDERS AND ITS AND THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE ANY WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT OR
ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY,
THROUGH USE OF THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE SITE IS ASSUMED SOLELY BY YOU.
You specifically acknowledge and
agree that Shalley & Murray, its officer, directors, employees,
agents, and partners are not liable for any defamatory, offensive or
illegal conduct of any user. In addition, while Shalley & Murray
intends to take reasonable steps to prevent the introduction of viruses or
other destructive materials to the Site, Shalley & Murray cannot and
does not warrant, guarantee or make any representations that the Site, or
any Content available for downloading on the Site, will be free of viruses
or destructive materials and Shalley & Murray shall not be liable, for
any viruses or other destructive materials that may infect your computer
equipment or other property on account of your access to, use of, or
browsing this Site or the server that makes it available, or your
downloading any Content from this Site.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT POSSIBLE UNDER
APPLICABLE LAW, SHALLEY & MURRAY AND ANY THIRD PARTY CONTENT
PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
PARTNERS AND AGENTS, ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR
ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE THIS SITE, INCLUDING
WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST
SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER
BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF
LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF
WHETHER SHALLEY & MURRAY, ANY THIRD PARTY CONTENT PROVIDER, OR ANY OF
ITS OR THEIR RESPECTIVE OFFICERS, PARTNERS, DIRECTORS, EMPLOYEES AND
AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT THAT YOU TRANSMIT,
INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF THE SITE OR THE
SERVICES TRANSMITTING THE SITE TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY
AND ALL LIABILITIES AND COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES AND
EXPENSES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED
UPON SUCH TECHNICAL DISRUPTIONS. "TECHNICAL DISRUPTION"
MEANS DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS,
PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING
THE SITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA
THE SITE. YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY
TRANSMISSIONS USING THE SITE AND AGREE NOT TO UPLOAD, POST OR OTHERWISE
MAKE AVAILABLE ON THE SITE ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT
OF A THIRD PARTY WITHOUT FIRST OBTAINING EXPRESS PERMISSION OF THE OWNER
OF SUCH PROPRIETARY RIGHT. YOU SHALL BE SOLELY LIABLE FOR ANY
DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEYS' FEES AND
EXPENSES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER
HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS
BY YOU.
Miscellaneous
The Terms of Use shall be construed
in accordance with the internal laws of the State of New York without
regard to its conflict of laws, and the parties irrevocably consent to
bring any action to enforce the Terms of Use in the federal or state
courts located in New York. If any provision of this Agreement shall
be unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from this Agreement and shall not affect the
validity and enforceability of any remaining provisions. The Terms
of Use constitute the entire agreement between the parties relating to the
subject matter herein and shall not be modified except in writing, signed
by both parties.
IF YOU DO NOT AGREE TO ALL OF THE
FOREGOING TERMS OF USE OR ARE NOT AUTHORIZED TO AGREE TO THESE TERMS OF
USE, PLEASE EXIT THE SITE.
