Effective Date/Last Modified: October 1, 2019
3 Informational Purposes Only.
The Website and any content available within it is for informational purposes only. Neither the Website nor the content available within it constitutes professional advice, and neither should be relied upon by you or any third party, including to operate or promote your business, secure financing or capital in any form, obtain any regulatory or governmental approvals, or otherwise be used in connection with procuring services or other benefits from any entity. Before making any decision or taking any action, you should consult with professional advisers.
The Website is made available on an “as is” basis with no representation or warranty with respect to its functionality or availability and with no guarantee that it is complete, accurate, or timely nor any guarantee regarding any results you or others may obtain from its use.
Reibman reserves the right to withdraw this Website and any service or material we provide on this Website in our sole discretion without notice. Reibman may restrict access to some parts of the Website, or the entire Website, to users, including registered users (defined below).
We may monitor use of the Website from time to time but have no obligation to do so. If and when we do monitor your use of the Website, we will do so in accordance with applicable law.
As part of this Website, Reibman offers its clients the ability to view and monitor certain information pertaining to their respective accounts and transactions with Reibman. To access such account (“account”), you (a “registered user”) choose, or are provided with, a user name, password or any other information as part of our security procedures. You will be required to use such username and password each time you access the portal.
Registrations may be accepted, rejected or cancelled by us at any time and for any reason. If your registration is cancelled, you will continue to have access to the Website; however, you will no longer have access to features available only to registered users.
7 Intellectual Property Rights; Restrictions on Use of Information and Our Content.
All information and content provided on this Website, whether explicitly marked or not, including but not limited to, text, graphics, images, software (including code), processes, technologies, urls, domain names, marks, logos, displays, and the design, selection and arrangement thereof, is owned by Reibman, its licensors or other providers of such material, and is subject to US and international copyright and unfair competition laws.
8 Third Party Content.
The Website may contain links to websites and other materials made available by third parties (collectively, “Third Party Content”). If you use such functionality, you are directing us to access, route and transmit to you the applicable Third Party Content.
We neither control nor endorse, nor are responsible for, any Third Party Content and we make no representations or warranties with respect to them. The availability of any Third Party Content through the Website does not imply the endorsement of, or affiliation with, any provider of such website or materials. Your use of any Third Party Content is at your own risk and is subject to any terms, conditions and policies applicable to them (such as terms of service or privacy policies of the providers of the Third Party Content).
9 Trademarks and Copyright.
All trademarks, service marks, and trade names, whether explicitly marked or not, used on this Website, including Reibman’ name, logos, service and material names, and designs on this Website (collectively, the “Marks”) are owned by or licensed to Reibman or its licensors, and are subject to applicable law, including but not limited to trademark and unfair competition laws.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringes your copyright, you (or your agent) may send to Reibman a written notice by mail or e-mail, requesting that Reibman remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Reibman a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Reibman’s DMCA agent as follows: By mail to Reibman & Company, Attn: DMCA Agent, 3333 Camino del Rio South, Suite 300, San Diego, CA 92108; by e-mail to firstname.lastname@example.org; or by fax to (619) 274-8201. Reibman’s agent’s phone number is (619) 274-8201. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
10 Prohibited Use.
- To violate any applicable federal, state, local law or regulation in any way;
- To transmit, or procedure the sending of, any advertising or promotional material without prior written consent of Reibman, including any “junk mail,” “spam,” or any other similar solicitation;
- To engage in any conduct that restricts or inhibits anyone’s use of the Website, or which may harm Reibman or users of the Website or expose them to liability;
- To monitor or copy any of the material on this Website or for any other unauthorized purpose without prior written consent of Reibman;
- To gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any serve, computer or database connected to the Website;
- To introduce viruses, spyware, worms or other material which is malicious or technologically harmful to this Website; and
- To interfere with the proper working of this Website.
Should you send any data such as comments, feedback, notes, messages, suggestions, questions or other communications (collectively “Communications”) to Reibman, such Communications shall be and continue to be the exclusive property of Reibman. You agree to release, and to the extent such release is not permitted, assign, any and all rights, interests, and titles you may have in such Communications to Reibman. Such Communications will not be confidential, and Reibman will be entitled to use, reproduce, disclose, publish or distribute any Communications for any purpose whatsoever to others without any limitation or restriction, including but not limited to, using any ideas, concepts or techniques contained in such Communications to develop and market its business.
12 No Warranties; No Liability.
The Website is provided for information purposes only and, to the maximum extent permitted by applicable law, we and our associated persons exclude all liability for any loss or damage of whatever kind and however arising in connection with your use of, or inability to use, the Website and any materials you obtain via the Website.
You acknowledge and accept that use of the Website is subject to the risks inherent in any connection and transmission on the internet, in particular in relation to security risks and vulnerabilities, technical performance and risk of interruption. Accordingly, neither Reibman nor any Reibman Parties are liable to you in any circumstances for any losses or damages caused by disruption or failure of internet networks or for any interruptions to or restrictions on the accessibility of the Website arising for any reason, including, but not limited to, by reason of a virus, security related vulnerability, or technical or operational failure of any nature. “Reibman Parties” means collectively and inclusively to the individual owners and employees of Reibman, including their respective officers, trustees, spouses, directors, partners, principals or equivalent; personnel; affiliates; business associates; licensors; and contractors and subcontractors.
You acknowledge and agree that your use of this Website, its content and information, and any services obtained through this Website is at your own risk.
Reibman does not make any warranty or representation with respect to the completeness, security, reliability quality, accuracy or availability of the Website. Without limiting the foregoing, Reibman further do not represent or warrant that this Website, its content or any services obtained through this Website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that this Website or the server that makes it available are free of viruses or other harmful components, or that any services listed on or accessed through this Website will be available for use or not withdrawn at any time
This Website, its content and information, and any services obtained through this Website are provided on an “as is” and “as available” basis. Reibman hereby disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The foregoing provision does not affect any warranties which cannot be excluded or limited under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE REIBMAN PARTIES DISCLAIM ALL LIABILITY AND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR REVENUES, GOODWILL, WORK STOPPAGE, SECURITY BREACHES, VIRUSES, COMPUTER FAILURE OR MALFUNCTION, USE, DATA OR OTHER INTANGIBLE LOSSES OR COMMERCIAL DAMAGES, EVEN IF ANY OF SUCH PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH LOSSES, ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, THE USE OF OR INABILITY TO USE THE SAME, OR ANY OTHER SUBJECT MATTER HEREOF.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE REIBMAN PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON FOR ANY ERRORS OR OMISSIONS IN THE WEBSITE; ANY INFORMATION MADE AVAILABLE THROUGH IT; ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE WEBSITE OR THE INFORMATION MADE AVAILABLE THROUGH IT; OR FOR ANY LOSS OR DAMAGES – INCLUDING CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES – THAT ARISE OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY INFORMATION OR MATERIALS OBTAINED BY YOU VIA OR IN CONNECTION WITH THE WEBSITE.
Content posted on this Website is not a representation or warranty by Reibman that such services will be available to you. You agree to contact a representative of Reibman at (619) 274-8201 to ensure that such services are available for you.
To the maximum extent permitted by applicable law, you agree to defend (at the indemnified party’s option), indemnify, and hold the Reibman Parties and their insurers harmless from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) and expenses in connection with any claim arising out of or in connection with any content or information posted or transmitted by you using the Website or otherwise arising out of your use of the Website or use of the Website by any third party who is given or gains access to the Website due to your action or inaction. The Reibman Parties have the right at any time to forego the indemnification and assume the defense of any claim. Notwithstanding the foregoing, it is not the intent of the Reibman Parties to affect the rights of the Reibman Parties or their insurers to assume the defense or settlement of any claim against any Reibman Party for which insurance coverage is sought under any applicable insurance policy.
14 Disclaimers and Assumptions of Risk.
REIBMAN DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT CONTAINED ON THIS WEBSITE.
The Website and all information provided to you via the Website is provided “as is” and “as available.” To the maximum extent permitted by applicable law, the Reibman Parties disclaim all express, implied, and statutory warranties with respect to the same, including without limitation all express, implied, and statutory warranties with respect to the same, including without limitation any implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, non-infringement, non-interference, error-free service, and uninterrupted service. Reibman does not represent or warrant that the Website, services and information provided through the Website, or software or information downloaded from the Website will be accurate, current, uninterrupted, error-free, omission-free, or free from viruses or other harmful components.
BY MAKING AVAILABLE THE WEBSITE, REIBMAN IS NOT MAKING AN OFFER OF ANY FINANCIAL, TAX, ACCOUNTING, LEGAL OR OTHER PROFESSIONAL SERVICES OR GOODS, AND THE INFORMATION PRESENTED ON THE WEBSITE SHOULD NOT BE CONSTRUED AS LEGAL, TAX, ACCOUNTING OR ANY OTHER PROFESSIONAL ADVICE OR SERVICE.
15 Geographical Restriction.
This Website is intended for use only by persons located in the United States. Reibman makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you agree to do so on your own initiative and are responsible for compliance with any applicable law.
17 Dispute Resolution – Arbitration.
17.2 Notice; Selection of Arbitrator.
17.3 Proceeding and Award.
The arbitrator, in the interest of justice, shall have the power to order discovery reasonably necessary to enable the parties to participate effectively in the evidentiary hearing and consistent with the parties’ intent that the arbitration be an efficient and economical proceeding, including a pre-hearing exchange of non-privileged documents. The arbitrator may permit depositions and the exchange of summaries of testimony of proposed witnesses or other appropriate discovery of information. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. Judgment on the award of the arbitrator may be entered by any court of competent jurisdiction. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter(s) in question would be barred by the applicable statute of limitations, and the arbitrator shall reject any claim that is not based upon a timely filed demand. All of the provisions of § 1283.05 of the California Code of Civil Procedure are hereby expressly made applicable to any arbitration conducted hereunder. The arbitrator may not award punitive damages unless previously agreed to in writing by the parties or unless such damages are required by law to be an available remedy in such cases.
18.1 Our Remedies.
18.4 No Implied Waiver.
18.5 Entire Agreement.
18.6 Governing Law.
18.8 Shortened Statute of Limitations.
Effective Date/Last Modified: October 1, 2019
2 Information We Collect and How We Collect It
Reibman collects personally identifiable information which is specifically and voluntarily provided by visitors to the Website (“personal information”). In addition, Reibman may combine information collected through means such as cookies or third-party analytics tools with personal information maintained by Reibman. Reibman may collect certain personally identifiable information, such as name, job title, and company name, address, email address, telephone and fax numbers, from Website visitors. A visitor may choose to provide personal information in the following examples: (a) subscribe or order newsletters or publications; (b) submit resumes or work history information; (c) become a registered user; (d) register for events; (e) visit the Website while logged onto a social media platform; or (f) contact us for further information.
Demographic information, including gender and occupation, is not actively sought, but may be submitted when a visitor responds to an online job application or submits a resume. It is Reibman’s policy to limit the information collected to only the minimum information required to complete a visitor’s request. If a visitor believes the site has collected excessive information, we encourage the visitor to contact us at email@example.com to raise any concerns. In any instance where non-mandatory personal information is sought, the Website visitor will be notified of this at the point of collection.
Visitors are also able to send email through the Website. Their messages will contain the user’s screen name and email address, as well as any additional information the visitor may wish to include in the message. Reibman’s intention is not to seek any sensitive information through our Website unless legally required. Sensitive information includes a number of types of data relating to: race or ethnic origin; political opinions; religious or other similar beliefs; trade union membership; physical or mental health; sexual life or criminal record. We suggest that you do not provide sensitive information of this nature. If you choose to provide sensitive information for any reason, Reibman accepts your explicit consent to use that information in the ways described in this privacy statement or as described at the point where you choose to disclose this information.
3 How We Use Your Information
When a visitor provides personal information to us, we use it for the purposes for which it was provided to us as stated at the point of collection (or as obvious from the context of collection). Examples of the types of use are given in the “Data collection” section above. We may also use your data to contact you with information about Reibman’s business, services and events, and other information which may be of interest to you. You may unsubscribe from our mailing list at any time by contacting us as set out in the ‘Unsubscribe” section below or through the unsubscribe link in our communication to you. Reibman may also use your information in order to administer and manage the Website or communicate with you about the Website. Our website does not collect or compile personally identifying information for dissemination or sale to outside parties for consumer marketing purposes, or host mailings on behalf of third parties. If you would like to find out more about the different categories of information collected, please review the “Data collection” section.
We use information that we collect about you or that you provide to us, including any personal information:
- To provide you with information or services that you request from us;
- To offer you other services that may be of interest to you;
- To administer your account;
- To compile, analyze and do research on our users demographics and behavior;
- To notify you about changes to our Website, including any material changes to this Policy;
- To protect against fraud, a threat of safety or destruction of property, and/or legal liability;
- In any other way we may describe when you provide us the information; or
- For any other purpose with your consent.
4 Disclosure of Your Personal Information
Personal information collected by Reibman may be transferred or disclosed to third party contractors, and/or subcontractors for the purposes for which the visitor has submitted the information and for the administration of our system or site and/or other internal, administrative purposes. Personal information may also be transferred to third party service providers of identity management, website hosting and management, data analysis, data backup, security and storage services. As a result, personal information may be transferred outside the country where the visitor is located. By submitting data on Reibman’s website, the visitor is providing explicit consent to the transfer of such data for the fulfillment of his or her voluntary requests or otherwise as set out in the “How We Use Your Information” section.
It is Reibman’s policy not to disclose any of your personal information to third parties except when we have your written permission or under special circumstances as follows:
- To comply with the law, or when we respond to a subpoena or other process, legal order, or official request from government agency;
- To establish or exercise our legal rights or defend against legal claims;
- To protect the rights, property, safety of Reibman, our clients or others, including for the purpose of fraud protection and credit risk reduction.
We may also disclose aggregated information about our users, and other information that does not identify an individual person. We may transfer your Personal Information if Reibman is acquired by or merged into and with another entity.
5 Control of Your Personal InformationM
You may contact us at firstname.lastname@example.org if you wish to view, edit, or delete your personal information that you have provided to us from our database, and we will use commercially reasonable efforts to accommodate your request. However, we may not accommodate a request to change personal information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
6 Online ID Technologies: Cookies, Beacons and log files.
We may utilize online identification technologies, such as cookies, web beacons, or pixels on some pages of our site. Online identification technologies can be used to store registration information in an area of the site so that a user does not need to re-enter it on subsequent visits to that area. It is Reibman’s policy to use these technologies to make navigation of our websites easier for visitors, to facilitate efficient registration procedures (including remembering preferences) and to better deliver tailored content to visitors.
Reibman may also uses site analytics providers which may set cookies in your browser. Website activity information collected by these analytics providers may be combined with personal information held by Reibman. If you are concerned about cookies, most browsers permit individuals to decline cookies. In most cases, you may refuse or delete one or more cookies and still access our Website, but site functionality may be impaired. After you finish browsing our Website, you may delete site cookies from your system if you wish. In order to properly manage our Website we also anonymously log information on our operational systems and identify categories of visitors by items such as domains and browser types. These statistics are reported in the aggregate to our webmasters. This is to ensure that our website presents the best web experience for visitors and is an effective information resource.
7 Data Retention.
The personal information you submit to us will only be retained for as long as is required for the purposes for which it was collected. Contact information about visitors such as mailing list information is kept until a user unsubscribes to a publication or requests that we delete that information. Resumes are disposed of when they are either no longer under consideration or are considered outdated by our Human Resources department.
Should visitors subsequently choose to unsubscribe from mailing lists or any registrations, we will provide instructions within the appropriate website area or in communications to our visitors; or a visitor may contact us at email@example.com.
9 Data Security
Reibman has implemented commercially reasonable measures of technology and operational security designed to protect your personal information from accidental loss and from unauthorized access, misuse, alteration, destruction or disclosure. All information you provide to us is stored on our secure servers behind firewalls. Only authorized Reibman personnel are provided access to personally identifiable information and these employees have agreed to maintain the confidentiality of this information.
Despite the implementation of such security measures, the safety and security of your personal information also depends on you. If you have a username and password for access to certain parts of the Website, you are responsible for keeping such username and password confidential. You agree not to share such username and password with anyone, and you agree to exit from your account after every session.
The transmission of data over internet by its nature entails the use of systems under the control of non-affiliated third parties, and although Reibman will strive to protect your Personal Information, we cannot ensure or warrant the security of any information you transmit to us or from our services. Thus, you agree to do so at your own risk.
Reibman understands the importance of protecting children’s privacy, especially in an online environment. The Website is not intentionally designed for or directed at children under the age of 13 years. It is Reibman’s policy never to knowingly collect or maintain personal information about children under the age of 13.
11 Changes to the Policy
We may change this Policy from time to time. Any revised Policy will be posted on this page; therefore, you are responsible for periodically visiting this Website, namely this Policy, to check for any changes. If you have provided us with an e-mail address, we will notify you about such changes by e-mail. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you. The date the Policy was adopted or last revised is identified at the top of this page.
Effective Date/Last Modified: October 1, 2019
The information contained in this Website is for general guidance on matters of interest only. The application and impact of laws can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained in this Website. Accordingly, the information on this website is provided with the understanding that the authors and publishers are not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers. Before making any decision or taking any action, you should consult a professional at Reibman.
While we have made commercially reasonable attempts to ensure that the information contained in this Website has been obtained from reliable sources, Reibman is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information in this Website is provided “as is” and “as available,” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will Reibman or the Reibman Parties be liable to you or anyone else for any decision made or action taken in reliance on the information in this Website or for any consequential, special or similar damages, even if advised of the possibility of such damages.
This Website may contain links to connect to other websites maintained by third parties over whom Reibman has no control. Reibman makes no representations as to the accuracy or any other aspect of information contained in other websites.