October 19, 2017

Disclaimer

The materials located at www.nationalfirearmslaw.com (the “Site”) are provided by Stephen L. Sulzer PLLC (“SULZER PLLC”) doing business as the National Firearms Law Institute (“NFLI”). The use of the Site by the user or browser (“you”) is subject to the following terms and conditions (this “Agreement”):

  1. Acceptance of Agreement.

You agree to the terms and conditions set forth in this Agreement with respect to the Site. Please review the following terms carefully. If you do not agree to these terms, you should not use the Site. This Agreement constitutes the entire and only agreement between you, SULZER PLLC, and NFLI. It supersedes all prior or contemporaneous agreement, representations, warranties, and understandings with respect to the Site and the subject matter of this Agreement.

SULZER PLLC and NFLI reserve the right to change this Agreement at any time, effective immediately upon posting the change on the Site. Please check this page of the Site periodically. If you violate the terms of this Agreement, SULZER PLLC or NFLI may terminate your use of the Site, prohibit you from future use of the Site, and/or take appropriate legal action against you.

The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyrights, trademarks, service marks, and other proprietary rights, including but not limited to intellectual property rights. The copying, distribution, use, or publication by you of any such matters or any part of the Site, except as allowed by Section 3 below, is strictly prohibited. You do not acquire ownership rights to any article, document, or other materials posted on or viewed through this Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information or materials. Some of the content on the Site may be the copyrighted work of third parties.

  1. Limited License and Permitted Uses.

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site solely in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes, provided that you respect and comply with all intellectual property rights concerning the materials posted on or viewed through the Site and comply with all other policies of the Site set forth in this Agreement. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

  1. Restrictions and Prohibitions on Use.

Your license for access and use of the Site and any information, materials, or documents in the Site (collectively defined as “Content or Materials”) is subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 3 above), re-publish, display, distribute, transmit, sell, rent, lease, loan, or otherwise make available in any form or by any means all or any portion of the Site or any Content or Materials retrieved from the Site; (b) use the Site or any Content or Materials obtained from the Site to develop, or use as a component of, any information, storage, and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content or Materials; (d) use any Content or Materials in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of SULZER PLLC or NFLI or any third parties; (e) remove, change, or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future; (g) remove, decompile, disassemble, or reverse-engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial e-mail; (2) e-mail that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; or (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating e-mail, facsimile transmissions, or telephone solicitations; or (k) export or re-export the Site or any portion of the Site, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.

  1. Attorney Advertising; Outcomes Not Guaranteed.

Pursuant to New York DR 2-101, you are advised that the contents of the Site include or may constitute attorney advertising and that prior results do not guarantee a similar outcome.

  1. Informational Purposes Only.

The Content or Materials available on the Site include or may constitute Content or Materials that have been prepared by SULZER PLLC or NFLI and are intended for information purposes only. The information provided on the Site is provided only as general information, which may or may not reflect the most current legal developments in all jurisdictions. The views and/or opinions expressed on or through the Site are the views or opinions of the individual author and may not reflect the opinions of any individual attorney or of SULZER PLLC or NFLI.

  1. No Legal Advice or Attorney-Client Relationship.

Information contained on or made available through the Site is not intended to, and does not, constitute legal advice, recommendations, mediation, or counseling under any circumstances. The Site and your use of the Site does not create an attorney-client relationship. SULZER PLLC and NFLI do not warrant or guarantee the accuracy, completeness, adequacy, or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk. You should not act or rely on any information on the Site without seeking the advice of a competent attorney licensed to practice in your jurisdiction for your particular problem. The information contained on the Site does not necessarily reflect the views or opinions of SULZER PLLC’s clients.

  1. Forms, Agreements, and Documents.

SULZER PLLC or NFLI may make available through the Site sample forms, checklists, business documents, and legal documents (collectively “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign, or transfer such license. Documents are provided without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. WITHOUT LIMITING THE TERMS OF SECTION 18 BELOW, THE DOCUMENTS ARE PROVIDED “AS-IS”, “AS AVAILABLE”, AND WITH “ALL FAULTS”, AND SULZER PLLC, NFLI, AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure your desired result. You should consult with legal counsel to determine the appropriate legal or business documents needed for your particular transaction, as the Documents are only samples and my not be applicable to your particular situation.

  1. Linking to the Site.

You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, the copyright notice or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by SULZER PLLC or NFLI.

  1. Certain Confidentiality Issues.

Choosing an attorney is a serious matter and your selection of counsel should not be based solely on information contained on the Site or in advertisements. Engagement of counsel may not be accomplished by sending SULZER PLLC confidential information related to you or your company unless SULZER PLLC has expressly authorized, in writing, the submission of such confidential information.

You may send SULZER PLLC or NFLI e-mail. However, you should not send NFLI any confidential or sensitive information concerning a matter for which you are seeking to engage counsel. If you wish to communicate with SULZER PLLC concerning a matter for which SULZER PLLC does not already represent you or your company, do not send SULZER PLLC any confidential or sensitive information via e-mail without prior written consent of SULZER PLLC. If, without prior written consent of SULZER PLLC, you send SULZER PLLC any confidential or sensitive information via e-mail concerning a matter for which SULZER PLLC does not already represent you or your company, your communication will not be treated as attorney-client privileged or confidential. If you communicate with SULZER PLLC by e-mail concerning a matter for which SULZER PLLC already represents you or your company, you and your company should note that the security of Internet e-mail is uncertain. By sending confidential or sensitive information via e-mails that are not encrypted, you and your company accept the risks of such uncertainty and the possible lack of confidentiality over the Internet, including the possible loss of attorney-client privilege concerning the subject matter of your confidential or sensitive information.

  1. Designation.

To the extent the Bar Rules in your jurisdiction require SULZER PLLC to designate a single attorney responsible for this site, SULZER PLLC designates Stephen L. Sulzer, e-mail: ssulzer@sulzerpllc.com

  1. Use in Other Jurisdictions.

SULZER PLLC practices law only in jurisdictions in which it is properly authorized to do so. SULZER PLLC does not seek to represent anyone in any jurisdiction where the Site does not comply or is in any way inconsistent with the rules governing communications of legal services in a particular state. SULZER PLLC is unwilling to represent clients from those states where the Site or its Content or Materials do not comply with State Bar requirements and where the client is generated as a result of that communication.

  1. Statement in Compliance With Certain Rules of

     Professional Conduct.

Unless otherwise specified, the attorneys listed on the Site are not certified by the Texas Board of Legal Specialization and are not certified as a specialist in any practice area by the Tennessee Commission on the Continuing Legal Education and Specialization.

  1. Errors, Corrections, and Changes.

SULZER PLLC and NFLI do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. SULZER PLLC and NFLI do not represent or warrant that the information available on or through the Site will be correct, accurate, timely, or otherwise reliable. The law is constantly changing and the information may not be complete or accurate depending on your particular legal issue. Each legal issue depends on its individual facts and different jurisdictions have different laws and regulations. SULZER PLLC or NFLI may make changes to the features, functionality, or Content or Materials of the Site at any time. SULZER PLLC and NFLI reserve the right in their sole discretion to edit or delete any documents, information, or other content appearing on the Site.

  1. Third Party Content.

Third party content may appear on the Site or may be accessible via links from the Site. SULZER PLLC and NFLI are not responsible for and assume no liability for any third party content. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect SULZER PLLC’s or NFLI’s views or beliefs.

  1. Unlawful Activity.

SULZER PLLC and NFLI reserve the right to investigate complaints or reported violations of this Agreement and to take any action they deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, IP addresses, and traffic information.

  1. Indemnification.

You agree to indemnify, defend, and hold SULZER PLLC, NFLI, and their respective members, partners, associates, agents, attorneys, employees, subcontractors, successors, assigns, and affiliates (collectively “Affiliated Parties”) harmless from any loss, liability, claim, and expense related to your violation of this Agreement or use of the Site.

  1. Disclaimer.

THE INFORMATION, CONTENT OR MATERIALS, AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS”, “AS AVAILABLE”, AND WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULARY PURPOSE. THE INFORMATION, CONTENT OR MATERIALS, DOCUMENTS, AND SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. SULZER PLLC, NFLI, AND THEIR RESPECTIVE AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER, EXCEPT AS PROVIDED IN SECTION 19(b). IN PARTICULAR, BUT WITHOUT LIMITATION, SULZER PLLC, NFLI, AND THEIR RESPECTIVE AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SULZER PLLC, NFLI, AND YOU. THIS SITE AND THE INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH NEGATIONS OR LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SULZER PLLC OR NFLI THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITIES OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

  1. Limitation of Liability.

(a) SULZER PLLC, NFLI, and any of their respective Affiliated Parties shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (i) any errors in or omissions from the Site or information obtained from the Site, (ii) the unavailability or interruption of the Site or any features of the Site, (iii) your use of the Site, (iv) the Content or Materials on the Site, or (v) any delay or failure in performance beyond the control of SULZER PLLC, NFLI, or any of their respective Affiliated Parties.

(b) THE AGGREGATE LIABILITY OF SULZER PLLC, NFLI, AND ANY OF THEIR RESPECTIVE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST SULZER PLLC, NFLI, AND ANY OF THEIR RESPECTIVE AFFILIATED PARTIES.

  1. Use of Information and Privacy Policy.

SULZER PLLC and NFLI reserve the right to the use of: (a) all information regarding Site uses by you; and (b) all information provided by you in any manner. You authorize SULZER PLLC and NFLI to make use of, and you assign to SULZER PLLC and NFLI: (a) all information regarding Site uses by you; and (b) all information provided by you in any manner.

  1. Links to Other Web Sites.

The Site contains links to other Web sites. SULZER PLLC and NFLI are not responsible for the content, accuracy, or opinions expressed in such Web sites, and such Web sites are not investigated, monitored, or checked for accuracy or completeness by SULZER PLLC or NFLI. Inclusion of any linked Web site on the Site does not imply approval or endorsement of the linked Web site by SULZER PLLC or NFLI. If you decide to leave the Site and access any of these third-party sites, you do so at your own risk.

  1. Copyrights and Copyright Agents.

SULZER PLLC and NFLI respect the intellectual property of others and ask you to do the same. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide SULZER PLLC’s and NFLI’s Copyright Agent the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Site;
  4. Your address, telephone number, and e-mail address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. SULZER PLLC’s and NFLI’s copyright agent for notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at ssulzer@sulzerpllc.com.
  7. Legal Compliance.

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding you use of the Site and the Content or Materials provided in the Site.

  1. Miscellaneous.

This Agreement shall be treated as though it were executed and performed in Washington, D.C., and shall be governed by and construed in accordance with the laws of the District of Columbia (without regard to conflict of law principles). Any cause of action by you with respect to the Site must be instituted within one (1) year after the cause of action arose or shall be forever waived and barred. All actions shall be subject to the limitations set forth in Sections 18 and 19. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision of this Agreement nor affect any of the rights or obligations of the parties to this Agreement. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed, as much as possible, consistently with applicable law, and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. SULZER PLLC’s or NFLI’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. SULZER PLLC’s and NFLI’s rights under this Agreement shall survive any termination of this Agreement.

  1. Arbitration.

Any legal controversy or legal claim arising out of or relating to this Agreement or the Site (excluding legal action taken by SULZER PLLC, NFLI, or you to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement), shall be settled solely by confidential binding arbitration before a single retired judge under the auspices of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in with commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Washington, D.C. Each party shall bear one-half of the arbitration fees and costs incurred, and each party shall bear its own attorneys’ fees and other expenses.

Stephen L. Sulzer PLLC

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