Updated: April 12, 2022
Welcome to our website. This site is maintained as a service to our customers and clients. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
This Term of Use agreement ("the "Agreement") specifies the Terms and Conditions for access to and use of www.FochtLawFirm.com (the "Site" or “FochtLawFirm.com”) and describe the terms and conditions applicable to your access of and use of the Site. Throughout this Agreement, the “Focht Law Firm,” “FochtLawFirm.com,” “Us,” “We,” or “Our” refers to the Law Offices of Brian C. Focht, the owner of this Site. “Affiliated Website(s)” refers to The Cyber Advocate (www.thecyberadvocate.com), Resilience Cybersecurity and Data Privacy (www.resiliencecybersecurity.com), the Legal Technology Review Podcast, and/or the Fearless Paranoia Podcast (www.fearlessparanoia.com).
This Agreement may be changed at any time, with or without notice, upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at [website address]. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
Applicable policies can be found at the following locations:
All content included on this Site is and shall continue to be the property of the Law Offices of Brian C. Focht or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
4. Intended Audience.
This website is intended for adults only. This website is not intended for any children under the age of 13.
You acknowledge the Focht Law Firm’s exclusive rights in the FochtLawFirm.com trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing in this website are the property of the Focht Law Firm or the party that provided such intellectual property to the Focht Law Firm. The Focht Law Firm and any party that provides intellectual property to the Focht Law Firm retain all rights with respect to any of their respective intellectual property appearing in this website, and no rights in such materials are transferred or assigned to you.
6. Site Use.
The Law Offices of Brian C. Focht grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use.
You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products, or services in violation of any law. The use of this website is at the discretion of the Law Offices of Brian C. Focht and the Law Offices of Brian C. Focht may terminate your use of this website at any time.
On occasion, this Site or Affiliated Websites may contain downloadable content. In those cases, the Focht Law Firm hereby grants you permission to download, view, copy and print the Materials designated as “Downloadable Content” on any single, stand-alone computer solely for your personal, informational, and internal business use provided that (i) the copyright and trademark notice contained in the Materials is not modified or removed from such Materials, (ii) the Materials are not used on any other website nor in a networked computer environment, and (iii) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of the terms or conditions of this Agreement. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity, communications regulations and statutes, as well as other rights, laws, rules, regulations and statutes.
This Site may contain links to other websites controlled by parties other than us (a “Third Party Website”). Our Podcast, blog posts, social media accounts, and our Video Content are all hosted on third-party platforms, and all links to that content is a link to someone else’s platform. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Website or any changes or updates to those websites.
We make no guarantees about the content or quality of the products or services provided by other platforms.
We are not responsible for webcasting or any other form of transmission received from any Third Party Website, even if provided pursuant to a contract of service between the Third Party and the Focht Law Firm. The inclusion of any link does not imply endorsement by us of the Third Party Website.
You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Website and agree that we are not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the website administrator for the applicable Third Party Website if you have any concerns regarding such links or the content located on any such Third Party Website.
7. Compliance with Laws.
You must abide by all Federal, State, and local laws in all access to and use of this Site, the Affiliated Websites, and any products, services, or content found therein. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence.
You agree to indemnify, defend, and hold the Law Offices of Brian C. Focht and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
The content of this Site, on any Affiliated Websites, and on any Affiliated Social Media Accounts, is provided pursuant to the terms of the Disclaimer, which can be found here.
10. Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL THE LAW OFFICES OF BRIAN C. FOCHT BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
11. Use of Information.
12. Copyrights and Copyright Agent.
If you believe your work has been used or copied on this Site in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) 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
(f) 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.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is Brian C. Focht, who can be reached as follows:
By Mail: Law Offices of Brian C. Focht, P.O. Box 18667, Charlotte, NC 28218
By Phone: (980) 202-0704
By E-mail: firstname.lastname@example.org
13. Governing Law; Venue; Actions.
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
The failure of the Focht Law Firm to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by the Focht Law Firm must be in writing and signed by an authorized representative of the Focht Law Firm.
16. Modification and Termination of the Website.
The Focht Law Firm reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any service provided by the Site (or any part thereof) with or without notice. This includes the Affiliated Websites and any content found on any Affiliated Digital Property. You agree that the Focht Law Firm will not be liable to you or any third party for any modification, suspension or discontinuance of the website or any service.
17. Relationship of the Parties.
Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
18. Entire Agreement.
This Agreement constitutes the entire agreement between you and the Focht Law Firm related to your use of this Site, and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Focht Law Firm with respect to this Site.
19. Contact Information.
The Law Offices of Brian C. Focht
P.O. Box 18667
Charlotte, NC 28218