MMB

USE OF THE McCARTHYMAMBROBERTINO, LLC WEBSITE IS SUBJECT TO YOUR ADHERENCE TO THE FOLLOWING TERMS:

Welcome to the McCarthyMambroBertino, LLC website (“Website”). Please review the following terms and conditions concerning your use of this Website. By accessing, using, or downloading any information and/or materials from this Website, you agree to follow and be bound by the terms and conditions of this Terms of Use (“this Terms of Use”). If you do not agree with this Terms of Use, please do not use this Website. This Website may contain other proprietary notices, such as the MMB Privacy Notice, and copyright information, the terms of which must be observed and followed.

1. USE OF THIS WEBSITE’S CONTENT

The entire content included in this site, including, but not limited to, text, graphics or code, is copyrighted as a collective work under the United States and other copyright laws, and is the property of McCarthyMambroBertino, LLC. The collective work includes works that are licensed to McCarthyMambroBertino, LLC, Copyright 2011, MMB ALL RIGHTS RESERVED. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of this Website, access to this Website or any of the content accessible through this Website. You agree not to copy or post on any networked computer, broadcast in any media, or use, modify, distribute, publish, transmit or create derivative works of any material found on this Website for any public or commercial purposes. You are not permitted to modify any materials from this Website in any way. You agree to expressly identify McCarthyMambroBertino, LLC as the copyright holder for any material or information that you copy from this Website. This permission terminates automatically without notice if you breach this Terms of Use in any manner or to any extent. Upon termination, you will immediately destroy any downloaded or printed materials.

Except as expressly provided above, nothing contained in this Website will be construed as conferring, by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark or other intellectual property right of McCarthyMambroBertino, LLC or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any McCarthyMambroBertino, LLC copyright and all contents on the Website are protected by copyright. Any product, process, data, information or technology on this Website may be the subject of other intellectual property rights, all of which are reserved by McCarthyMambroBertino, LLC or a client of McCarthyMambroBertino, LLC and are not licensed hereunder.

You acknowledge that information found on parts of this Website that are password protected is intended for use only by certain individuals. You agree to access only the parts of this Website that you are authorized to access. Any unauthorized access of a part of this Website constitutes a violation of this Terms of Use.

2. USER CONDUCT

You agree to not use this Website to violate or solicit the violation of any applicable local, state, national or international law; infringe the rights of any third party, including, but not limited to, intellectual property rights and privacy or publicity rights; or interfere with or disrupt this Website, computer servers or boards accessible through this Website. If you do use this Website to commit any of the above, McCarthyMambroBertino, LLC may, at its sole discretion, terminate your ability to use this Website.

3. FEEDBACK

Other than information described in the MMB Privacy Notice, any feedback, information, suggestions, submissions or materials that you submit through or related to this Website (a “Submission”) will be considered non-confidential by McCarthyMambroBertino, LLC. By providing such Submissions to McCarthyMambroBertino, LLC, you hereby agree that McCarthyMambroBertino, LLC shall have, at no charge, a non-exclusive, transferable, royalty-free, worldwide right and license to copy, use, make derivative works of, display and distribute any copyrights and other intellectual property rights in and to, or based upon, the Submissions. McCarthyMambroBertino, LLC shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not McCarthyMambroBertino, LLC, have full responsibility for the Submissions, including their legality and copyright. Notwithstanding anything to the contrary in this Terms of Use, Submissions shall not include Personal Information, as defined in the MMB Privacy Notice.

4. MODIFICATION AND TERMINATION OF WEBSITE

McCarthyMambroBertino, LLC reserves the right, exercisable at any time and from time to time, to modify or discontinue, temporarily or permanently, this Website (or any part of it) with or without notice. You agree that McCarthyMambroBertino, LLC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Website. McCarthyMambroBertino, LLC may also make improvements and/or changes in the services described in this Website at any time without notice. However, McCarthyMambroBertino, LLC disclaims any responsibility to update, improve, or change this Website.

5. OTHER WEBSITES AND RESOURCES

Third parties using this Website may provide links or access to other websites and resources. Because McCarthyMambroBertino, LLC has no control over such websites and resources, you acknowledge and agree that McCarthyMambroBertino, LLC is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that McCarthyMambroBertino, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or websites available on or through any such site or resource.

6. USE OF COOKIES

Although acceptance of cookies is not required to visit this Website, we do use cookies. Cookies are small text files stored on computer hard drives and are regularly used to analyze individual Website activity. By collecting and remembering information about your visit to a website, cookies allow web applications to recognize and respond to your individual preferences. A cookie file may contain information that this Website uses to respond to you as an individual and to tailor a website experience to your preferences.

Some parts of this Website use cookies. This enables McCarthyMambroBertino, LLC to determine the usefulness of information provided to our users and to analyze the effectiveness of our navigational structure in providing you with that information. In the end, cookies help us provide you with a better website experience.

If you prefer not to receive cookies on this Website, you can set your browser to warn you before accepting cookies and you can refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser or delete cookies that have already been stored on your computer. If you have set your browser not to allow cookies, you will still be able to access this Website, provided that doing so may affect your perceived usability of this Website.

7. DISCLAIMER OF WARRANTIES

Information accessed on this Website is not exhaustive. McCarthyMambroBertino, LLC makes reasonable efforts to include accurate and current information, whenever possible, but makes no warranties or representations as to its accuracy or completeness.

THE INFORMATION ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND MERCHANTABILITY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT (a) YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK; (b) THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS; (c) MCCARTHYMAMBROBERTINO, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (d) MCCARTHYMAMBROBERTINO, LLC MAKES NO WARRANTY THAT (i) THIS WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE; (e) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS OBTAINED AND USED AT YOUR SOLE RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND (f) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THIS WEBSITE SHALL CREATE ANY WARRANTY BY MCCARTHYMAMBROBERTINO, LLC.

8. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MCCARTHYMAMBROBERTINO, LLC, AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS WEBSITE, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MCCARTHYMAMBROBERTINO, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THIS WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY SERVICES, DATA OR INFORMATION PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THIS WEBSITE.

9. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS 7 AND 8 ABOVE MAY NOT APPLY TO YOU.

10. INDEMNITY

You agree to indemnify and hold McCarthyMambroBertino, LLC, and its subsidiaries, affiliates, officers, managers, agents, co-branders or other partners, and employees, harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party because of, or arising out of, your use of this Website, your violation of this Terms of Use, or your violation of any rights of another person or entity.

11. NOTICES

Notices to you may be made via either email or regular mail. McCarthyMambroBertino, LLC may also provide notices of changes to this Terms of Use or this Website by displaying notices or links to notices to you generally on this Website.

12. LEGAL DISPUTES

This Terms of Use and your relationship with McCarthyMambroBertino, LLC shall be governed by the laws of the Commonwealth of Massachusetts without regard to its choice or conflicts of law provisions. You and McCarthyMambroBertino, LLC submit to personal and exclusive jurisdiction in Massachusetts and further agree that any cause of action relating to this Terms of Use shall be brought in a state or federal court sitting in Suffolk County, Massachusetts.

13. MODIFICATION OF AGREEMENT

We may amend this Terms of Use at any time by posting the amended terms on this Website and you are responsible for regularly reviewing this Terms of Use and the Privacy Notice. All amendments shall automatically be effective thirty (30) days after they are initially posted on this Website. Your use of this Website following the effective date of any amendment to this Terms of Use shall constitute your binding acceptance of that amendment.

14. GENERAL

This Terms of Use constitutes the entire agreement between you and McCarthyMambroBertino, LLC with respect to this Website and supersedes all prior agreements and understandings between you and McCarthyMambroBertino, LLC with respect to this Website. McCarthyMambroBertino, LLC’s failure to enforce any provision of this Terms of Use will not be construed as a waiver of any provision, right, or remedy. In the event that a portion of this Terms of Use is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Sections 1, 3, 5, 7, 8, 9, 10, 12 and 14 of this Terms of Use shall survive any termination of this Website or this Terms of Use.