Last Modified: June 21, 2021
No Professional Advice, Client Relationship, or Reliance on Information
Please note that any information or content on our Website, including but not limited to, any information in our Knowledge Center or any forms or tools on our Website which allow you to submit information or make calculations, and your use thereof, are not intended to provide any kind of professional advice, consultation or service, including but not limited to, legal, accounting, tax, or business advice. Nor does any such information, content, forms, or tools, or your use thereof or reliance thereon, create or constitute an attorney/client, accountant/client, or consultant/client relationship. You should therefore not use our Website or rely on any information, content, forms, or tools on our Website as a substitute for any kind of professional advice. Rather, you should consult with a licensed professional, including one employed by our Company, for any accounting or tax questions you may have. You agree that we will not be liable to you or to any third party to the extent you treat or consider any information, content, forms, or tools on our Website as constituting any kind of professional advice. The information and content, including but not limited to forms and tools, presented on or made available through our Website are made available solely for general information purposes. We therefore do not warrant the accuracy, completeness or usefulness of any such information, content, forms, or tools, and any reliance you place on the same is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Website, or by anyone who may be informed of any of its content.
Our Website provides illustrative lists of services that we provide. Nothing contained on our Website shall be construed as an offer or guarantee to provide any particular services to you, nor shall anything on our Website be construed as a direct solicitation for employment by any persons, companies, or organizations. Prior results we have obtained for others do not guaranteea similar outcome. The Website may contain Attorney Advertising.
Use By Minors
Our Website is not intended for use by anyone under the age of eighteen (18) years old and who do not reside in the United States or any of its territories or possessions. By using our Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our Website in any way.
Accessing Our Website and Account Security
We reserve the right to alter our Website in any manner, including taking it down completely, and any service or material we provide on the Website, in our sole discretion without notice to you. We will not be liable if for any reason all or any part of our Website is unavailable at any time or for any period. We also reserve the right to restrict, at our sole discretion, access to parts of our Website, or the entire Website, to users, including registered users, or visitors to the Site.
You are responsible for:
- Making all arrangements necessary for you to have access to our Website, including but not limited to, usage of a computer or mobile device, appropriate web-browsing software, and Internet connectivity; and
If you choose or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account on our Client Portal is personal to you and agree not to provide any other person with access to our Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
Our Website and all of its content, features and functionality, including but not limited to, all information, software, text, displays, images, video and audio, and the design, selection, coordination, and arrangement thereof, are owned by us, our respective licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those
- You may store files that are automatically cached by your web browsing software for display enhancement
- You may print or download one copy of a reasonable number of pages of our Website for your own personal, non-commercial use and not for further reproduction, publication or
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end-user license agreement (EULA) for such
- If we provide social media features through our Website with certain content, you may take such actions as are enabled by such
You must not:
- Modify copies of any materials from our
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text as they appear on our
- Delete or alter any copyright, trademark or other proprietary rights notices (e.g., “©” or “®”) from copies of materials from our
Our Company name, and all related names, logos, product and service names, designs and slogans, including but not limited to, WITHUMSMITH + BROWN, WITHUM, BE IN A POSITION OF STRENGTH, THE WITHUM WAY, TRANSACTREADY, and the Withum
Logos are trademarks or service marks owned by us or our affiliates or licensors. You must not use such trademarks or service marks without prior written permission from us or the applicable owner. All other names, logos, product and service names, designs and slogans on our Website are the trademarks of their respective owners.
If you submit anything to us through our Website, you acknowledge and agree that any such materials, including but not limited to, questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information (“User Submissions”), regarding our Website, us, or our products or services that are provided by you are non- confidential and non-proprietary and shall become our sole property. We will own all exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these User Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You therefore grant to us and our affiliates, business partners, service partners, and sublicensees an unrestricted, non-exclusive license and right to use the User Submissions and the name that you submit in connection with such User Submissions. You represent and warrant that: (1) you own and control all of the rights to the User Submissions that you submit, or that you otherwise have the right to submit such User Submissions to our Site; (2) the User Submissions are accurate and not misleading; and (3) our use or posting of the User Submissions you supply will not violate any rights of or cause injury to any person or entity.
- In any way that violates any applicable federal, state, local or international law or regulation.
- To post any content or material which could be defamatory, obscene, indecent, abusive, offensive, deceptive, harassing, violent, hateful, inflammatory or otherwise objectionable, or that may promote sexually explicit or pornographic material, violence, or
- To infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other
- To promote unauthorized commercial activities or sales, such as contests, sweepstakes, and other sales promotions, “junk mail”, or “spam.”
- In any manner that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website, including using any technical means such as viruses, Trojan horses, robots, or
Monitoring and Enforcement; Termination
We reserve the right to terminate your access to our Website if we learn at any time that you have violated any of the prohibited uses set forth above. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Website or using our Website in any manner. YOU WAIVE AND HOLD US AND OUR AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF SUCH INVESTIGATIONS BY EITHER US OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Information About You
Linking to Our Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our prior express written consent. We may disable all or any social media features and any links at any time without notice in our discretion.
Links from Our Website
Our Website may contain or display links to other sites and resources provided by third parties. This includes links contained in advertisements, including banner advertisements and sponsored links. These third party links are provided for your convenience only and are not intended to signify any particular endorsement, approval, or sponsorship of such third-party sites by us. We have no control over the content of those third party sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to visit or access any of these third party sites linked to from our Website, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such third-party sites.
As the owner of our Website, we are based in the State of New Jersey in the United States. We provide our Website for use only by persons located in the United States. We make no claims that our Website or any of its content is accessible or appropriate outside of the United States. Access to our Website may not be legal by certain persons or in certain countries. If you access our Website from outside the United States, you do so at your own initiative and risk, and are therefore responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or our Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF OUR WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. OUR WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR
ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL WE, OUR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors,agents,
We reserve the right to assume, at our own expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you fully agree to cooperate with us in the defense of any such claim, action settlement or compromise negotiations as we request.
The arbitration will be administered by the American Arbitration Association (“AAA”) applying the law of the State of New York and in accordance with the AAA’s applicable Rules of Arbitration. You and we agree that any arbitration proceeding will be held in the State of New York located in the City of New York and County of New York.
Jurisdiction for Dispute Proceedings
Waiver and Severability
Your Comments and Concerns
This website is operated by WithumSmith+Brown, P.C., with a principal place of business at 506 Carnegie Center, Suite 400, Princeton, NJ 08540 (609) 520-1188.
Any feedback, comments, requests for technical support and other communications relating to our Website should be sent to [email protected].