Effective: May 6, 2022

Last Updated: May 6, 2022

McClanahan Powers® is a law firm located in Falls Church, Virginia, that provides legal services to clients nationwide, subject to applicable professional rules of responsibility and related laws governing the practice of law; specifically, our attorneys are licensed to practice in the Commonwealth of Virginia and the District of Columbia. Accordingly, we have created these Terms of Use to explain your rights through the use of our website.

By submitting information to our firm or using our website in any way does not mean that you have engaged or otherwise retained our firm as legal counsel. Only a written document provided to you by our firm describing our representation and executed by a member (partner) attorney at our firm will establish an agreement by our firm to provide you with legal services.

You must accept our Terms of Use (“Terms”) to use our website. If you have questions about these Terms, please contact us immediately. If we update these Terms, we will revise the “last updated” date at the top. You acknowledge and agree that your responsibility is to review these Terms for any updates.

Please also see our Privacy Policy regarding certain information and data we may receive about you, some of which are personal.

WEBSITE USE

Website Content. Website content, including, but not limited to, blog postings and hosted comments, are available for general educational purposes only and should not be used to assess a specific legal situation. Nothing posted on our website is intended as legal advice, nor should it be construed. The presence of hyperlinks to other third-party websites does not imply that the firm endorses those websites, their contents, or the activities or views of their owners.

Improper Use of Website. You agree to use our website in accordance with, and only as permitted by, applicable law, and specifically agree not to use our website in any way that causes or may cause damage to our website or in any way that is illegal, fraudulent, or harmful, or in connection with any activity that is illegal, fraudulent or harmful. You further agree not to circumvent any technological measure implemented by us to restrict how our website is used or accessed by you or others.

Unauthorized Access. Although we have taken precautions to minimize the risk of unauthorized access to our website, we cannot guarantee that unauthorized third parties will not defeat our preventative measures. As a result, you agree and acknowledge that you provide all information on and through our website at your own risk.

Moderation of Website. We have the right, but not the obligation, to regulate content stored on our website or provided to us by anyone, regulate the conduct of anyone on our website, and enforce these Terms in any way and at any time. We also have the right to limit, modify, interrupt, suspend or discontinue all or any portions of our website at any time without notice. Our Indemnitees and we shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm, or damages arising from or related thereto.

Third-Party Links. Our website may contain links to websites operated by other people or companies that we do not control. We have no responsibility or liability for these other websites’ policies, activities, or content. If you access any third-party website, you do so at your own risk, and you agree that we will have no liability arising from your use of any third-party website, service, or content.

INTELLECTUAL PROPERTY RIGHTS

Our IP Rights. All technology, content, intellectual property, and other information on our website is protected by the United States and international intellectual property laws and is owned by or licensed to us. We do not grant you express or implied rights or licenses under any intellectual property rights or other proprietary rights. We reserve all other rights, and no other rights are granted by implication or otherwise. You agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit our intellectual property without our written permission.

Your Limited License. We provide you with a worldwide, nonexclusive, nontransferable, revocable, limited license to access and view our website. We may terminate access at any time, for any reason, and with or without notice to you. Any attempted transfer or assignment of this license shall be null and void. This license is subject to your full compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. When you submit content to or through our website, you promise that it is not violating anyone’s rights. You understand and agree that you may be exposed to content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

Our Trademarks. We shall retain all rights, title, and interest to “McClanahan Powers” and its affiliated logos and designs. You shall not engage in any deceptive, misleading or unethical trade practice or advertising, or any other conduct or activity that tends to mislead, deceive or defraud the public, or to adversely affect the good name or reputation of us or the goodwill in any of our trademarks and affiliated logos and designs.

Stock Photo Disclaimer. Some photographs displayed on our website are licensed to us from someone else and may depict models who are neither attorneys nor staff members of our firm.

INDEMNIFICATION AND DISCLAIMERS

Indemnification. You agree to indemnify and hold us and our attorneys, staff, officers, members, managers, employees, licensees, licensors, contractors, agents, legal representatives, successors, heirs, executors, and assigns (“Indemnitees”) harmless against (a) any and all damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or related to: (a) your breach or alleged breach of any representation, warranty, covenant or other obligation set forth in these Terms; (b) your own conduct or activities on, through or related to our website; (c) content that you post or transmit; (d) your use of or reliance on any content on our website; (e) infringement, or alleged infringement of any rights of any party based on your actions; and (f) any claim or representation made or allegedly made by you in any content or comment furnished or used by you, and shall defend us and our Indemnitees against any and all third party claims, suits or demands that are subject to the above indemnity.

Indemnitees. Although our Indemnitees may moderate content, conduct, and compliance with these Terms related to our website, they have no authority to make binding commitments, promises, or representations to anyone that they or anyone else on behalf of us will “take care” of any alleged problem or complaint, or that they or anyone else on behalf of us will otherwise stop, cure or prevent any problem, content, conduct or purported violation of these Terms from occurring or recurring.

WARRANTY DISCLAIMER. YOUR ACCESS TO, USE OF, AND RELIANCE ON THE CONTENT ACCESSED THROUGH OUR WEBSITE ARE ENTIRELY AT YOUR OWN RISK. OUR WEBSITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.

LIMITATION ON LIABILITY. WE AND OUR INDEMNITEES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF, OR RELIANCE ON THE CONTENT ACCESSED THROUGH OUR WEBSITE BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO THE CONTENT ACCESSED THROUGH OUR WEBSITE, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE OR ANY OF OUR INDEMNITEES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS, OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF THE CONTENT ACCESSED THROUGH OUR WEBSITE; ANY INABILITY TO ACCESS OR USE THE CONTENT ACCESSED THROUGH OUR WEBSITE; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE CONTENT ACCESSED THROUGH  OUR WEBSITE. IN NO EVENT SHALL OUR OR OUR INDEMNITEES’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100 USD).

DISPUTES AND UNDERSTANDING THESE TERMS

Choice of Law. These Terms shall be construed in accordance with, and governed in all respects by, the internal laws of the Commonwealth of Virginia (without giving effect to principles of conflicts of laws).

Arbitration. In the rare event, you have a dispute with us, any dispute, controversy, or claim arising out of, relating to, or in connection with our website or these Terms or our Privacy Policy (which is hereby incorporated herein by such reference), or any combination thereof, shall be settled only by arbitration. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association in effect at the time of the arbitration, except as they may be modified by these Terms or by mutual agreement of us and you. The location of the arbitration shall be Fairfax County, Virginia, or such other location as mutually agreed. Three arbitrators shall conduct the arbitration.

The party initiating arbitration (the “Claimant”) shall appoint its arbitrator in its Request for arbitration (a “Request”). The other party (the “Respondent”) shall appoint its arbitrator within thirty (30) calendar days of receipt of the Request and shall notify the Claimant of such appointment in writing. If the Respondent fails to appoint an arbitrator within thirty (30) calendar days, the arbitrator named in the Request shall decide the Dispute as to the sole arbitrator. Otherwise, the two arbitrators appointed by the parties shall appoint a third arbitrator within 30 days after the Respondent has notified the Claimant of the appointment of the Respondent’s arbitrator. When the arbitrators appointed by the parties have established a third arbitrator, and the third arbitrator has accepted the appointment, the two arbitrators shall promptly notify the parties of such appointment. If the two arbitrators appointed by the parties fail or are unable to appoint a third arbitrator or to inform the parties of such appointment, then the third arbitrator shall be appointed by the President of the American Arbitration Association, which shall promptly notify the parties of the appointment of the third arbitrator. The third arbitrator shall act as chairman of the panel. The arbitration award shall be in writing and shall be final and binding on the parties. If we are the prevailing party in any arbitration (or lawsuit, including to remove a lawsuit to arbitration), we shall be entitled to an award of our reasonable attorneys’ fees and costs, in addition to, and not in limitation of, other available remedies.  All forum fees and expenses in any arbitration, including, without limitation, the arbitrators’ fees, shall be advanced equally by you and us; provided, however, that your failure to timely pay your portion of any arbitration fees shall entitle us to a default award (if you are the Respondent) or dismissal with prejudice (if you are the Claimant).

Confidentiality. You and I agree that all arbitration proceedings shall be private and confidential. Further, agree not to issue any press release or public announcement concerning any arbitration proceeding or any court action taken to enforce the arbitrator’s award, including, without limitation, the fact that the arbitration or a court action is being conducted, or disclose any aspect thereof, including any testimony, discovery and any documents filed in the course of such proceedings, except to the arbitrator and their staff, the parties’ attorneys and their staff, any experts retained by the parties, and to the court as necessary to enforce the arbitration award, provided that at the Request of either party, the parties shall cooperate in seeking a protective order for any such information disclosed to the court.

Injunction. Nothing in these Terms, or otherwise, shall prevent us from seeking or obtaining preliminary injunctive or other provisional relief to avoid irreparable injury, loss, or damage pending a final resolution of the Dispute, claim, or controversy according to such dispute resolution provisions. You agree that the state and federal courts located in Fairfax County in the Commonwealth of Virginia shall have exclusive jurisdiction of any request by us for injunctive relief, and you irrevocably agree to submit to the jurisdiction of such courts for such purpose.

Severability. You acknowledge, and we affirm, that it is the intent of both you that the provisions contained in these Terms should be enforced and us. If any term or other provision, or part of any provision of these Terms, is found to be invalid, illegal, or incapable of being enforced by any rule or law, or public policy, the provision, or any part of it, shall be severed from these Terms. All other conditions and provisions shall remain in full force and effect.

Entire Understanding. These Terms constitute the entire agreement between you and us and supersede any prior written or oral agreement unless you are engaged as a client of our firm. In such case, the written engagement letter executed by you shall supersede these Terms. Other than our Indemnitees (who are expressly included as named third-party beneficiaries of these Terms), there are no third-party beneficiaries to these Terms. You also understand and agree that any action or inaction by us or any of our Indemnitees to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct, or potential violation these Terms is undertaken voluntarily and in good faith. You expressly agree that neither us nor any of our Indemnitees shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content or implement other enforcement measures against any content, conduct, or potential violation of these Terms.

Waiver. The waiver by us of a default or breach of any provision of these Terms shall not operate or be construed as a waiver of any subsequent default or breach of the same or a different provision. No waiver or modification of these Terms or any covenant, condition, or limitation contained in these Terms shall be valid unless in writing and executed by an officer of our firm. Failure of us to insist upon strict compliance with any of the terms, covenants, or conditions in these Terms shall not be deemed a waiver of such terms, covenants, and conditions.