Terms of Use

Welcome to The Law Firm of Shivani Honwad LLC, a Delaware Limited Liability Company (“Firm”). The following terms and conditions (“Terms”), together with any documents they expressly incorporate by reference collectively outlines the Terms of Use of www.shivanilaw.com (“Website” or “Services”). Before using any of our services, you are required to read, understand and agree to these Terms.

This website is owned and operated by The Law Firm of Shivani Honwad LLC. Throughout this Agreement we use the terms “we”, “us”, “our”, or the “Company” or “Firm” to refer to The Law Firm of Shivani Honwad LLC. When referring to any person accessing or using this website we may use the terms “You” or “User”.

Please read these Terms of Use carefully before you start to use the Website. By using the Website, you agree to be bound and abide by these Terms of Use and our corresponding Privacy Policy incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

Use of this Website. This Website is for general informational purposes only. None of the content on this Website should be construed to be legal advice and no attorney-client relationship is formed by using this Website or contacting us via the Website. You may access and use this Web site solely pursuant to these Terms and Conditions for your personal, non-commercial use. This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Firm, and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Unauthorized Use. You agree not to use the Website for illegal purposes. You may not use this Website for any commercial purpose. You may not use spiders, robots or other automated data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Website. You may not take any action to interfere with the Website or any other user's use of the Website, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing" the Website. You may not send unsolicited e-mail, including promotions and/or advertising of products or services, through the Website or forge or mask your true identity in any e-mail or posting. You may not frame portions of the Website within another website or establish links from any other website to any page of the Website other than the home page.

Links. Links to other sites are for your convenience only, and Firm does not take any responsibility for those sites, nor does Firm make any representation or warranty whatsoever with respect to those sites. Some links within this website may lead to other sites including those operated and maintained by third parties.  Firm includes these links solely as a convenience to you, and the presence of such a link does not imply an endorsement of the linked site, its operator, or its contents. This website is not sponsored or associated with any particular linked entity unless so stated. The existence of any particular link is intended solely to provide Users with information which may be of interest to them. Firm takes no responsibility for the content or accuracy of information contained on a linked site. Other sites may also reference or link to our Website. We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy statements of each and every website that you visit. We are not responsible for the practices or the content of other websites that may be linked via our Website.

Social Media. Firm's LinkedIn, YouTube, Instagram, Twitter, Facebook ("Social Media") pages as well as the LinkedIn, Instagram, AVVO, Twitter profiles of any of Firm's attorneys are established to enable you to learn more about Firm and/or that attorney. These pages are for informational purposes only and nothing in them is offered as or constitutes legal advice. Such information does not create an attorney-client relationship, nor does it serve as a substitute for obtaining legal advice from an attorney licensed in your state or country.

Non-clients contacting Firmby email or otherwise through, or as a result of, Website or Social Media should refrain from disclosing information that they would consider sensitive or confidential, unless and until an attorney-client relationship has been established or we have specifically consented in advance to receive that information from You.

Firm does not claim nor seek to represent anyone desiring representation based solely upon viewing Firm's Social Media or any individual attorney’s Social Media in any state or country where these social media accounts would be considered not to comply with all applicable laws and ethical rules.

Firm's Social Media pages are not in any way intended to be solicitation for legal services.

Firm's Social Media pages may contain links to Third-Party Content. Neither Firm nor its attorneys are responsible for the content of these other websites.

No Warranties. This website and its contents are provided without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement.  Prior results do not guarantee a similar outcome.

Proprietary Rights. All pages and content within this Website, including but not limited to, the software which operates the Website, text, graphics, photographs, articles or other materials, are the intellectual property of, or are authorized for use by Firm. Except as expressly permitted in these Terms, you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available on this Website without the prior written consent of Firm. Specifically, all images and photographs appearing on this website have either been taken by Firm, provided to Firm with permission for use or have been properly licensed for use by Firm.

DMCA Takedown Notice. We respect artist and content owner rights. It is Firm’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Website, please notify Firm’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. Identification of the material that is claimed to be infringing and where it is located on the Service;
  4. Contact Information that would allow Firm to easily reach you such as your address, telephone number, and, e-mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  6. A statement, made under penalty of perjury that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:
The Law Firm of Shivani Honwad LLC
Attn: DMCA  
Address: 20 Montchanin Road Suite 50 Greenville, DE 19807
Email: info@shivanilaw.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES.

Please note that this procedure is exclusively for notifying Firm and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Firm’s rights and obligations under the DMCA, including 17 U.S.C. 512(c) but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

LIMITATION OF LIABILITY. Please only use the Website in a way that is appropriate to your professional and personal obligations. You agree to defend, indemnify, and hold Firm harmless and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from, and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website including any data or content transmitted or received by you; (ii) your violation of any term of the Terms of Use or Privacy Policy (Agreements), including without limitation your breach of any of the representations and warranties you make in these Agreements; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your Content or any that is submitted via your account; (vi) any reputation damage or loss of income resulting from your association or use of the Website or (vii) any other party’s access and use of the Website with your information.

THE WEBSITE INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FIRM, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES. FIRM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FIRM SHALL NOT BE LIABLE FOR YOUR USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL FIRM BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIRM, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE THE SERVICES. UNDER NO CIRCUMSTANCES WILL FIRM BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIRM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE, INCLUDING CHATBOTS OR AFFILiATED WEBSITES (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR WEBSITE, SERVICE OR ANY INFORMATION RECEIVED FROM OUR WEBSITE INCLUDING CONTENT CREATORS, PODCASTS AND CHATBOTS; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

ARBITRATION. By using the Website you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Website (collectively, "Disputes") will be settled by binding arbitration between you and Firm, except the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Firm are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Firm otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.

ARBITRATION RULES AND GOVERNING LAW. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. Any controversy shall be arbitrated in New York, New York (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. The laws of the State of New York, without regard to it conflict of law rules, shall govern these Terms for all matters arising from or relating to these Terms or your use of this Website. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS OF NEW YORK COUNTY, NEW YORK.

Miscellaneous. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect.  Nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.  If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.  These Terms, together with any additional terms and conditions or policies referred to and incorporated herein (including the Privacy Policy), constitutes the entire understanding between you and Firm.

Should you have any questions regarding these Terms you may contact us at info@shivanilaw.com

These Terms are effective and updated on July 8, 2018.