Terms of Use and Privacy Policy

By Using This Web Site, You Agree To Be Bound By These Terms And Conditions.

Purpose of Web Site
This Web site is a service made available by Trenam Kemker to provide general information about Richard M. Leisner's availability to serve as a consultant and expert witness in certain matters. The information on this Web site may not reflect current legal developments, verdicts or settlements. We expressly disclaim any guarantee as to the accuracy and completeness of the information on this Web site. The information available at this Web site is not intended to be available for use, and should not be used, by residents of any jurisdiction in which such use is restricted or prohibited.

Not Legal Advice; No Attorney-Client Relationship
The information on this Web site is not intended to be, and does not constitute, legal advice. This information is not a substitute for your getting legal advice from your own lawyer in the appropriate jurisdiction or state.

Browsing this Web site or contacting us through it does not create an attorney-client relationship. Sending us an e-mail through this Web site or otherwise does not create an attorney-client relationship. Browsing this Web site or contacting Richard Leisner through it does not engage Richard as a consultant or testimonial expert witness. While we would like to hear from you, we cannot represent you, and should not receive any confidential information from you, until we know that any proposed representation would be appropriate and acceptable, and would not involve an impermissible or inappropriate conflict of interest. Neither Trenam Kemker nor Richard Leisner wishes to represent anyone desiring representation based upon viewing this Web site in a state or other jurisdiction where this Web site fails to comply with applicable laws and ethical rules.

Contacting Richard Leisner or Trenam Kemker
You may send us e-mail. However, if you communicate with us in connection with a matter for which we do not already represent you, you should not send us confidential or sensitive information via e-mail because your communication will not be treated as privileged or confidential. If you communicate with us by e-mail in connection with a matter for which we already represent you, you should take into account the fact that the security of Internet e-mail is uncertain. By sending sensitive or confidential e-mail messages that are not encrypted you accept the risks of such uncertainty and possible lack of confidentiality over the Internet.

Copyright and Web Site Ownership Notice
Copyright 2004. This Web site is sponsored by and is the property of the law firm of Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, Professional Association ("Trenam Kemker"). Unless otherwise indicated, Trenam Kemker owns the copyright and other rights in and to all content on this Web site, which includes (1) all text, graphics, sounds, information, materials and other items on this Web site, (2) the overall design and general look and feel of this Web site, as well as specific elements, and (3) the particular and general selection, arrangement, and presentation of any content (even if certain items or information included in this Web site are in the public domain). Trade dress, trademark, unfair competition, and other laws protect elements of this Web site. All rights reserved.

"Witness the Difference" is a service mark and "Trenam Kemker" and the Trenam Kemker logo are registered service marks of Trenam Kemker. The names of any companies and products mentioned herein may be the trademarks of their respective owners. Any companies, organizations, products, people or events presented as examples or illustrations in this Web site are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred from any such description.

Limited License to Use Web Site
As a user of this Web site you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Web site and the information on it in accordance with these Terms of Use. We may terminate this license at any time for any reason.

You may reproduce a reasonable number of copies of the pages of this Web site or the articles, updates and other documents available at this Web site for your own personal use or for non-commercial distribution. All material copied from this site must not be modified and must include the copyright notice that appears at the top of this page.

You may not reproduce or distribute any material from this Web site for commercial purposes without the express written permission of Trenam Kemker. You may request permission to copy material for such purposes via e-mail to webmaster@witnessthedifference.com.

Prohibited Activities
You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web site or the information on it. You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy this Web site or the information on it. You may not use or otherwise export or re-export this Web site or any portion of it or the information on it or any software available on or through this Web site in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Web site or the information on it is prohibited.

Linking to this Web Site
You may provide links only to the home page of this Web site, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the home page, (b) you give Trenam Kemker notice of such link by sending an e-mail to webmaster@witnessthedifference.com and (c) you discontinue providing links to this Web site if we request you to do so.

Privacy Policy
Trenam Kemker recognizes the importance of and respect your privacy. Trenam Kemker wants you to make the most of this Web site and to feel confident while doing so. What follows is a summary of our information collection, use and disclosure practices for this Web site. This policy does not address information obtained offline through events such as seminars or from an attorney's personal contacts.

What Personal Information Does Trenam Kemker Collected?
Trenam Kemker may use "cookies" in the operation of this Web site. Cookies are small text files that are placed on a visitor's computer hard drive that allow us to record how many times a user or computers within a user's network of computers has visited this Web site, the number of times various pages of this Web site have been accessed and to track the user's home page customization preferences. You may disable receipt of cookies using features of your Web browser that disable or turn off cookies. With cookies disabled in your browser, certain features on this Web site may not function or may not function properly (for example the home page may revert to its default content). Trenam Kemker does not use cookies to retrieve information that is unrelated to your visit to or your interaction with this Web site.

Trenam Kemker collects your Internet Protocol (IP) address. An IP address is a number that is assigned to your computer when you use the Internet. The IP address data that we collect does not contain any personally identifiable information about you and is used to administer this Web site, to determine the numbers of different visitors to this Web site and to gather broad demographic data.

The non-personally identifiable data that Trenam Kemker collects in these ways is accessible by certain Trenam Kemker personnel as well as certain third-party Web site designers and personnel involved with the third-party service that hosts this Web site. Trenam Kemker uses all non-personally identifiable data that it collects internally and together with this Web site designer and host in order to improve this Web site. The information is used, for example, to evaluate what portions of this Web site are more popular than others, to determine from where visitors came to the site, and to determine how many times particular pages of the site were accessed in aggregate. Trenam Kemker personnel may use the data to prepare reports regarding Web site activity as part of the process of maintaining and improving this Web site. Cookies also are used to identify prior visitors to this Web site and may be used create a more personal viewing experience for the user.

If you use e-mail links via this Web site to communicate with Richard Leisner, Trenam Kemker or anyone affiliated with Trenam Kemker and provide us with personally identifiable information, you will not remain anonymous and we may retain and use any personal information so provided to us. Because it is not possible to anticipate every conceivable context in which such information might be provided to us via e-mail, Trenam Kemker can provide you no assurance that personally identifiable information you choose to provide to us via e-mail will be maintained as private.

What steps does Trenam Kemker take to protect your privacy?
To the extent permitted by law, Trenam Kemker will not generally sell, share, or otherwise disclose any of the information it collects online without your permission. Of course, we will make disclosures of that information to third parties who monitor this Web site, to parties who assist or cooperate in preparing firm mailings and to third parties with whom Trenam Kemker may co-sponsor an event (in which case Trenam Kemker may share attendee lists for purposes of the event). Personal information collected through this Web site is saved in Trenam Kemker's contact database where it may be combined with pre-existing contact information in the database. Trenam Kemker and the host of this Web site take reasonable security precautions to maintain the privacy of the data that is collected, such as ensuring that it is accessible only to appropriate personnel and that the information is user ID- and password-protected.

What are the privacy policies of other sites to which this Web site links?
Trenam Kemker may provide links to third party Web sites that it does not control. We urge you to review the privacy policies posted on these third party Web sites at the time you first visit them. We have no obligation to review or confirm enforcement or compliance with the privacy policy of any Web site to which this Web site links.

What about children's privacy?
Trenam Kemker does not knowingly collect personally identifiable information from any children under age 13.

Does data storage and processing take place in the United States?
Regardless of where you are located, this Web site collects information and processes and stores it in databases located in the United States.

Can Trenam Kemker revise this privacy policy?
Trenam Kemker may update this privacy policy. All revisions will be posted to this Web site and will be effective immediately upon their posting. We Kemker urge you to review this Privacy Policy frequently.

What if I have questions or comments?
You should direct your questions or comments about this Privacy Policy to webmaster@witnessthedifference.com. In addition, if you no longer wish us to maintain data about you, or wish to change the type of information we send you, please let us know by e-mailing to webmaster@witnessthe difference.com. If you do not receive acknowledgement of your inquiry or your inquiry has not been satisfactorily addressed, you should telephone us at 813-223-7474 and ask to speak to the Webmaster for the Witness the Difference Web site.

Disclaimer
This Web site is provided on an "as is" basis. Trenam Kemker and Richard Leisner each expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement. We disclaim all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to (a) any errors in or omissions from this Web site and the content, including but not limited to technical inaccuracies and typographical errors, (b) any third party Web sites or content therein directly or indirectly accessed through links in this Web site, including but not limited to any errors in or omissions therefrom, (c) the unavailability of this Web site or any portion thereof, (d) your use of this Web site, or (e) your use of any equipment or software in connection with this Web site.

Limitation of Liability
Trenam Kemker and Richard Leisner shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of this Web site. We shall not be liable for any special, direct, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation, attorneys' fees) in any way due to, resulting from, or arising in connection with your use of or your inability to use this Web site or the information on this Web site. If the foregoing limitation of liability is prohibited, our sole obligation to you for damages shall be limited to $100.

Unlawful Activity
Trenam Kemker reserves the right to investigate complaints or reported violations of these Terms of Use and to take any action we 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 user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

Severability of Provisions
These Terms of Use incorporate by reference any notices contained on this Web site and constitute the entire agreement with respect to access to and use of this Web site. If any provision of these Terms of Use is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

Modifications to Terms of Use
We reserve the right to change these Terms of Use at any time. Updated versions of these Terms of Use will appear on this Web site and are effective immediately. You are responsible for regularly reviewing these Terms of Use. By using this Web site after any such changes, you agree to be bound by and act in accordance with any such changes

Last updated: January 31, 2004