The materials contained in this website do not constitute legal advice, and contact with this website or any of the attorneys of the Firm does not establish an attorney-client relationship. In the event that you wish to contact the Firm, via email or any other means, you should not transmit any confidential information to the Firm until an attorney-client relationship is established. Any information sent to the Firm before an attorney-client relationship is established will not be considered confidential by the Firm. Email addresses of the Firm’s attorneys are not provided as a means for prospective clients to contact the Firm or to submit information to the Firm. By using this website and/or sending an email, you acknowledge that the Firm has no obligation to maintain the confidentiality of any information you submit to the Firm, unless the Firm has already agreed to represent you or the Firm later agrees to do so. The Firm may represent a party in a matter adverse to you even if the information you submit to the Firm could be used against you in that matter.

This website is maintained and operated by the Firm at least in part on a server located in Lansing,Michigan, United States of America. While the Firm has tried to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors.

The Firm may at any time and at its sole discretion, revise or otherwise update these Terms and Conditions by posting changes here, which will be effective immediately. Please check this page periodically for changes; you will be able to determine if these terms have changed by checking the “Last Updated”information at the top of this page.

Materials on this website are for general information purposes only and should not be construed as legal advice, legal opinion or any other advice on any specific facts or circumstances. Publication of information by the Firm through this website, and your receipt of such information, does not create an attorney-client relationship. You should not act (or refrain from acting) upon this information without seeking professional advice.

Persons contacting the Firm by email or through any online communication facility provided here or by other platforms, such as Facebook and LinkedIn, should not send confidential, privileged or sensitive information. If you have a specific legal question, please provide details in the email of how someone from the Firm can contact you and the general nature of your inquiry, without providing any confidential information. The Firm will make reasonable efforts to have an appropriate attorney respond to your inquiry, but it reserves the right not to read or respond to any unsolicited communications. If you have an urgent need to communicate with one of the Firm’s staff, please telephone that Firm staff member. Your use of email of any online communication facility provided does not give rise to an attorney-client relationship.

No commercial use of the information on or under this website is licensed or permitted. For example, the use of automated systems (e.g., robots, spiders, or other information scrapers) to access, acquire or download information on this website is expressly prohibited where such systems are employed in connection with commercial objectives, affect the operation of this website in any manner,or in a fashion that directly or indirectly violates the privacy interests of any person.

You acknowledge and agree that this website and its content (“Materials”) are and shall remain the property of the Firm and/or its licensors, and are protected by copyright,trademark, and/or other proprietary rights and laws. Except as expressly authorized in advance by the Firm, you agree not to copy, distribute, transmit,display, perform or create derivative works of the Materials, provided that the Firm (as part of your consent to these Terms and Conditions) grants to you a limited, personal, revocable and non-transferable license to (a) access the Materials via the Internet solely for purposes of viewing such Materials, and(b) to print out pages of this website for your personal, non-commercial use.Any other use of the Materials including any commercial use, reproduction for purposes other than described above, modification, distribution, republication,display, or performance—without the prior express written consent of the Firm is prohibited.

Trade names, trademarks, and service marks of the Firm include, without limitation, “JK. Winters P.C.” “winterspc.com,” and associated logos. All trade names, trademarks and service marks on the website that are not owned by the Firm are the property of their respective owners. The trade names, trademarks,and service marks owned by the Firm, whether registered or unregistered, may not be used in connection with any product or service that is not provided by the Firm (or authorized under separate, written license), or in any other manner that is likely to cause confusion or dilution. Nothing on the website should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any of Firm’s trade names, trademarks, or service marks without prior express written consent. Finally, page headers, custom graphics,button icons, and scripts may be service marks, trademarks, and/or trade dress of the Firm, and may not be copied, imitated, or used, in whole or in part,without the prior written consent of the Firm.

You agree to comply with all applicable laws, rules, and regulations in accessing and/or using the website. In addition, your use is conditioned on your compliance with the following rules of conduct. You agree not to:

Use the website for any fraudulent or unlawful purpose; impersonate any person or entity, including, but not limited to, any Firm employee, agent, or representative; falsely state or otherwise misrepresent your identity or your affiliation with any person or entity; or express or imply that the Firm endorses any statement you make; Interfere with or disrupt the operation of the website; or restrict or inhibit any other person from using the website, including by means of hacking or defacing any portion of the website, or engaging in denial-of-service activities; Transmit or otherwise make available in connection with the website any virus, worm,Trojan Horse, or other harmful code; interfere with or violate any other website visitor’s or user’s rights to privacy or other rights, or harvest or collect personally identifiable information about website visitors or users, or about the Firm’s personnel, without their prior express consent; or frame or mirror all or any part of the website without the Firm’s prior express written consent.

This website may include discussion forums or other interactive areas, including chat rooms, bulletin boards or collaboration facilities. You agree not to upload to, distribute or otherwise publish through this website any content which is unlawful, libelous, defamatory, obscene,pornographic, harassing, threatening, invasive of privacy or publicity rights,abusive, inflammatory or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise create liability or violate any law. Forums and interactive areas shall be used only for non-commercial purposes. On this website you shall not, without the prior express written consent of the Firm, distribute or publish promotions,advertising or soliciting for funds, goods or services. You shall remain solely liable for the content of any messages or other information posted by you on this website, and the Firm takes no responsibility and assumes no liability for the content of posted or uploaded material. Please contact the Firm at info@winterspc.com concerning any mistakes, defamation, slander, libel,omissions, falsehoods, obscenity, pornography or profanity you may encounter on this website. The Firm reserves the right, in its sole discretion, to remove or edit any material posted by you that is determined to be harmful, offensive or otherwise inappropriate.

By posting content of any nature (including software) to or through this website, you warrant to the Firm(and the Firm relies on this warranty) that such items are known to you to be free shareware, otherwise in the public domain, or owned by you (and impliedly licensed to the Firm by virtue of such posting by you), and you agree to indemnify the Firm against all claims, damages, or losses arising from an action alleging infringement of copyright or other proprietary rights in such works. The Firm undertakes no duty to determine the validity of any claim of copyright. 

ForClaims of infringement under the DMCA

Please provide the following informationto the Firm’s Copyright Agent:

• A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyrighted work claimed to have been infringed.
• An identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the works claimed to have been infringed.
• Identification of the material on the Firm’s platform that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Firm to locate the material on our platform.
• Information reasonably sufficient to permit the Firm to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• 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 the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

TheFirm may give notice of alleged copyright infringement to the Firm’s users by ageneral notice on the Firm’s platform, by electronic mail to a user’s e-mailaddress contained in the Firm’s records, or by written communication sent byfirst-class mail to a user’s physical address contained in the Firm’s records.

Ifyou receive a notice of alleged copyright infringement from the Firm, you mayelect to provide counter notification in writing to the Firm’s Copyright Agent.To be effective, your counter notification must be provided in writing to theFirm’s Copyright Agent and must include the following information:

• Your physical or electronic signature.
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
• Your name, address, and telephone number,and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address you provide is located, or if your address is outside of the United States, for any judicial district in which the Firm may be found, and that you will accept service of process from the complaining party who provided the Firm with a notice of infringement or an agent of such person.

DO NOT make false claims of copyright infringement. Under the Digital Millennium Copyright Act, 17 U.S.C. §512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to monetary liability.

DESIGINATED AGENT FOR ALL NOTICES, INCLUDING COUNTER NOTICES:

All written notices should be sent to the following Designated Agent:

Designated Agent: J. Kevin Winters

Address of DesignatedAgent: 411 West Lake Lansing Road, Suite B-125, East Lansing, Michigan 48823.

E-mail address of Designated Agent: kwinters@winterspc.com

Telephone number of Designated Agent: 517-908-3380

Upon receipt of notice of claimed infringement, the Firm will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer, who provided the content at issue. Please do not send any other communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the DMCA.

Any Firm software, including any files, images incorporated in or generated by the software, and data accompanying the software (“Software”), that may be made available on or through this website is licensed to you by the Firm “as-is,” and no ownership rights pass to you. You shall not copy, distribute, sell, modify, transfer, decompile, reverse engineer, disassemble or create derivative works from any Software.

The Firm makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this website, or websites linking to this website.

The Firm’s attorney(s) are admitted to practice law in more than one jurisdiction.The Firm is subject to the rules of various jurisdictions and professional bodies, and the Firm’s attorney(s) are subject to the rules of the regulatory bodies to which they are admitted.

The contents of this website may constitute advertising under the applicable laws, regulations and ethical rules (“Ethics Rules”) of some jurisdictions. If this website fails to comply with the Ethics Rules of your State, the Firm will not represent you. Except as specifically identified, the Firm’s attorney(s) are NOT certified by the Boards of Legal Specialization or Ethics of any State.

This website may contain references to work performed by the Firm for others, or probono. The results described were dependent upon the particular facts and law involved, and should not be interpreted as predictive of any other possible outcome. References here to clients of the Firm are not intended as testimonials or endorsements of the Firm.

THIS WEBSITE AND THE MATERIALS UNDER THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE FIRM DISCLAIMS ALL WARRANTIES,EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.THE FIRM DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. THE FIRM DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TheFirm reserves the right to change any and all content contained on this websiteat any time without notice. Reference to any services, processes, or otherinformation, by trade name, trademark, manufacturer, supplier, or otherwisedoes not constitute or imply endorsement, sponsorship or recommendation thereofby the Firm.

IN NO EVENT SHALL THE FIRM BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE,ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE.

The laws of the State of Michigan, United States, shall govern the construction and interpretation of these Terms and Conditions and the rights of the parties here under. By accessing and/or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and by all applicable laws and regulations.Any controversy or claim arising out of or relating to your use of this website or any services provided here under shall be settled by binding arbitration to be held in Lansing, Michigan, in accordance with the commercial arbitration rules of the American Arbitration Association. Any judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction.Any award rendered by the Arbitrator(s) may include costs against either party,but under no circumstances are the Arbitrator(s) authorized or empowered to award special, punitive or multiple damages against either party.

Notwithstanding any of these Terms and Conditions,the Firm reserves the right, without notice and in its sole discretion, to terminate your license to use this website, and to block or prevent future access to and use of this website.

If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

It is at the express consent of the parties that the present agreement is written in English.

If you use this website, personal and identifiable information about you may be collected and processed by Firm employees. In general, the Firm only collects such information (such as your name, address, phone number, email address, and type of business) when you knowingly provide it to the Firm. Additionally, the Firm may automatically collect or process personal and identifiable information (such as your internet domain or IP address) as part of the operation of this website or during the course of your activities on or use of this website. In nearly all cases this information may be collected or processed by and transferred to the Firm. By using this website, you unambiguously consent to the Firm’s collection,processing, transfer or use of this personal information. If you do not consent to any collection, processing, transfer or use of such information, please discontinue use of this website.

Without the user’s consent, the Firm will not sell, trade, or disclose the user’s personal and identifiable information or in the aggregate (“Information”) to third-parties that want to market products to the user. The Firm may disclose Information to third parties assisting it in carrying out a transaction,providing a service for you, or for marketing purposes of the Firm. The Firm may disclose information when required by subpoena, search warrant, or other legal process, or in response to activities that are unlawful or a violation of the Firm’s Terms and Conditions, or to protect and defend the rights or property of the Firm.

If you would prefer that the Firm not collect information from your experience on the website, email the Firm at info@winterspc.com to “opt-out.”

The Firm wants to maintain only accurate information about users of the website. You can request individual information that has been gathered about you by contacting the Firm. Upon receipt of appropriate identification information, the Firm will provide you with access to the personal and identifiable information that it maintains about your use of the Firm’s website or which you have supplied to the Firm via a Firm website. If you find factual inaccuracies, please notify the Firm so that they may be corrected.

The Firm will not retain your personal information longer than necessary for the purpose it was collected.

The Firm takes children’s privacy seriously. The Firm asks children under the age of 13 not to send any Information through the Firm’s website without the consent of their parents or guardians. The Firm encourages all parents and guardians to instruct their children in the safe and responsible use of Information on the Internet. The Firm will not knowingly collect, use, or disclose to third-parties any personal information collected from children, and the Firm is committed to complying with applicable laws and requirements, such as the United States’ Children’s Online Privacy Protection Act (“COPPA”).

The Firm may provide links to third-party websites. Since the Firm does not control these websites, it encourages you to review the privacy statement posted on these (and all) third-party websites.The Firm is not responsible for the privacy statements or practices of websites and services controlled by other companies or organizations.

The Firm may use “cookies” in connection with the operation of its websites.Cookies are small pieces of information that are stored on your computer by the Firm’s website server. Cookies are used for record-keeping purposes—the stored information can be retrieved by the Firm’s website server when you return to the website. This allows the Firm to personalize or regulate the use of the website, and also permits the Firm to automate the access and data-entry functions of the website (e.g. login information), and to tailor the appearance or presentation of the website to your preferences or interests.  In general, the Firm does not use cookies to track the navigational habits of identified users without the user‘s consent.If you visit the Firm’s website to read or download content, much of the information the Firm does collect is statistical only (e.g., the domain from which you access the Internet, the date and time you access the Firm’s website,and the internet address of the website from which you linked directly to the Firm’s website) and not personal or identifiable. The Firm uses this information about the number of visitors and their use of the website in aggregate form to make the Firm’s website more useful and attractive to you.

The use of cookies is common in such activities, and they are used by most major websites. Cookies will not be used to pass any information from your computer.You may wish to adjust your Web browser to inform you whenever a cookie is to be used, or to reject all cookies automatically. However, if you elect not to accept cookies, some parts of the Firm’s website may not function properly or permit access. 

The Firm’s website may also use Web beacon technologies to better tailor the Firm’s website to user preferences.When a user accesses a page containing a “Web beacon,” an anonymous notice of that visit is generated and may be processed by the Firm or one of its vendors.Because Web beacons work in conjunction with cookies, users who do not want this information considered in association with anonymous cookie information should set their browsers to turn off cookies. (When users turn off cookies,Web beacon technologies will still detect user visits anonymously, but this information cannot be associated with other user information and is disregarded).

Clients should direct comments or questions regarding this Terms and Conditions to the Firm at info@winterspc.com or by mail to:

JK. Winters P.C.

411 West Lake Lansing Road

Suite B125

East Lansing, Michigan 48823

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