Kostka & Associates, LLC Terms of Use

Welcome to www.kostka.law (the “Website”). This Website is owned and operated by Kostka & Associates, LLC (“K&A,” “we,” “us”, or “our”), a law firm with offices in the United States, state of Wisconsin. In these Terms of Use, “you” or “your” means any user of this Website.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE. EACH TIME YOU USE THE WEBSITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS AND CONDITIONS OF USE IN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED HEREIN, DO NOT USE THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE AND ALL OTHER RULES, PROCEDURES, POLICIES, TERMS AND CONDITIONS THAT GOVERN ALL OR ANY PORTION OF THE WEBSITE IS A CONDITION TO YOUR RIGHT TO ACCESS THE WEBSITE. YOUR BREACH OF ANY PROVISION OF THESE TERMS AND CONDITIONS OF USE OR OTHER RULES, PROCEDURES, POLICIES, TERMS AND CONDITIONS THAT GOVERN ALL OR ANY PORTION OF THE WEBSITE WILL AUTOMATICALLY, WITHOUT THE REQUIREMENT OF NOTICE OR OTHER ACTION, RESULT IN THE REVOCATION AND TERMINATION OF YOUR RIGHT TO ACCESS THE WEBSITE AND YOU WILL BE FULLY LIABLE FOR CONVERSION, MISAPPROPRIATION, TRESPASS TO CHATTELS AND ALL OTHER CLAIMS AND CAUSES, REGARDLESS OF THE IDENTITY OF CLAIMANT OR INJURED PARTY, ARISING FROM OR RELATING TO YOUR CONTINUED USE OF THE WEBSITE AFTER SUCH BREACH.

INFORMATION ON OUR WEBSITE IS NOT LEGAL ADVICE.

Information on our Website is general in nature and does not apply to any particular factual, legal, medical, financial or other situation, nor does it constitute legal advice. Information on this Website is provided for informational purposes only. You should not rely on any information contained within this Website in evaluating any specific legal issues you may have. Specific advice of legal counsel is advised before taking any action based on information contained on our Website.

Acceptance of the Terms of Use

These Terms of Use constitutes a binding and enforceable agreement between you (individually and in your individual capacity as an employee, officer, agent, partner, etc. of each organization you represent in connection with any use of the Website) and Kostka & Associates, LLC. By using any Website or any Services, you acknowledge and agree that you have fully read and agree to be bound by the provisions of the Terms of Use, exactly as if it were printed on paper and signed by you. If you do not agree to be bound by the Terms in its entirety, then you must immediately stop using the Website and all Services. Although the registration process may require you to "click-through" or otherwise affirmatively agree to be bound by the provisions of the Terms of Use, the Terms of Use are binding on you by your use of any Website or services, regardless of whether or not you choose to register.

Using Our Website, or Sending us an Email, Will Not Make You A Client

Your use of our Website, or sending us an email through the Website or to one of our attorneys, does not create an attorney-client relationship, create any fiduciary duty, make you a client of Kostka & Associates LLC or bind us to you in any contractual or other manner. Until we have agreed to represent you in writing, no information you send us through our Website is privileged or confidential or imposes any obligation on us. Any confidential information you send to us through the Website is at your own risk until we have agreed in writing to represent you. Our Website is meant for informational purposes only and is not meant for the purposes of creating an attorney-client relationship.

Privacy Policy

Our Website Privacy Policy is incorporated into these Terms of Use and is available on our Website at www.kostka.law/privacypolicy and under the caption “Privacy Policy.” This policy explains how we collect, use, protect and share personal information submitted to us through our Website. You hereby consent to all actions we take with respect to your personal information consistent with our Website Privacy Policy. If you do not agree to this privacy policy, please do not use this Website.

This Is An Advertisement.

The Website may be considered advertising in some jurisdictions under their applicable laws and ethical rules. The determination of the need for legal services and the choice of an attorney are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed by Kostka & Associates, LLC is greater than the quality of legal services performed by other attorneys.

Changes to the Terms of Use or Website

We reserve the right to revise or change these Terms of Use at any time including if we add information or new features to our Website. All changes are effective immediately, without prior notice to you, when we post them on our Website and apply to your use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes and you are bound by them. You are responsible for periodically visiting these Terms of Use to check for any revisions or updates. Please check these Terms of Use periodically for revisions or updates.

We may update information or add features on this Website at any time and from time to time. We may, but are not obligated to, notify you of any changes to the Website. Any of the content on the Website may be out of date at any given time, and we are under no obligation to update such material.
We may withdraw or amend the Website, and any content, functionality, or service we provide on or through the Website, in our sole discretion, without notice. We disclaim liability if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to part of or the entire Website for some or all users.

Intellectual Property Rights

The Website and its contents and functionality (including but not limited to all information, software, text, illustrations, photographs, displays, images, audio and video, the design, selection, and arrangement thereof, and any other content and material) are owned by us, our licensors, or other providers of such content and materials and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Provided you comply with these Terms of Use, these Terms of Use grant you a limited, revocable license to use the Website and its contents and functionality for general informational, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download a reasonable number of copies of any pages of the Website for your own general informational, non-commercial use and not for further reproduction, publication or distribution.

You must not:

  • Modify copies of any materials from the Website.
  • Use any illustrations, photographs, displays, images, audio and video sequences or any graphics separately from the accompanying text from the Website.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website unless you have been provided permission through a separate written agreement with us and our licensors as applicable.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. We may revoke the foregoing license at any time without notice and with or without cause.

Trademarks

The Kostka & Associates, LLC name, URL, logo, and all related names, logos, product and service names, designs and slogans, in any form, are our trademarks or those of our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use and applicable law. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate us, our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us, our employees, or users of the Website or expose us or them to liability.
  • In any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.

Additionally, you agree not to:

  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, tamper with, damage or disrupt any parts of or access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with or disrupt the proper working of the Website or the normal operations of a computer.
  • Use any robot, spider, data mining or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website or harvesting any email addresses.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

We reserve all rights and remedies available to us including reporting any breach of the foregoing or these Terms of Use by any user of our Website to the relevant law enforcement authorities and cooperating with such authorities which may include disclosing your identity to them without notice to you.

Suggestions and Feedback

Any feedback, comments, suggestions, submissions, or ideas (“Submissions”) provided by you to us regarding our Website will be our property. Any Submissions that you submit will constitute your assignment to us of all right, title and interest therein and we will have the right to use, reproduce, display, transmit, distribute, modify, sublicense, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize such Submissions anywhere, for any purpose and in any form, through any media or technology now known or later developed, without any compensation, notice, or attribution to you or any other person, and without any limitations.

Links from the Website and Content Provided by Third Parties

If the Website contains links to other websites and resources provided by third parties, such links are provided for your convenience only. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites, which may or may not be posted on those websites and which we are not obligated to provide to you. We do not endorse or verify the accuracy of information on those websites and are not responsible for the contents of any of these third-party resources. The inclusion of such link on this Website does not imply the endorsement, recommendation, or approval of that website by us.

Any statements and opinions expressed in content provided by third parties is solely the responsibility of the third party and do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any content provided by any third parties. Any reliance you place on such content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such content by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE AND INFORMATION ON OR OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND ANY INFORMATION ON OR OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY OR OTHERWISE. KOSTKA & ASSOCIATES, LLC HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE AND INFORMATION ON OR OBTAINED THROUGH THE WEBSITE.

WITHOUT LIMITING THE FOREGOING, KOSTKA & ASSOCIATES, LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF (A) MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE; (B) SECURITY, QUALITY, OR AVAILABILITY OF THE WEBSITE; (C) THAT THE WEBSITE, ITS CONTENT, FUNCTIONALITY, OR ANY INFORMATION OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THAT THE WEBSITE OR INFORMATION OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS; (E) THAT THE WEBSITE OR ANY CONTENT OR MATERIAL ON THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT; OR (F) THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY MATERIAL, CONTENT OR INFORMATION OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Limitation on Liability

IN NO EVENT WILL KOSTKA & ASSOCIATES, LLC, ITS AFFILIATES OR THEIR RESPECTIVE PARTNERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, LICENSORS, SERVICE PROVIDERS OR VENDORS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES, LOSSES OR LIABILITY OF ANY KIND, UNDER ANY LEGAL THEORY WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY EVEN IF WE ARE ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR LIABILITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR WEBSITE OR ANY CONTENT ON WEBSITES LINKED TO OUR WEBSITE, OR ANY SUBMISSIONS SUBMITTED BY YOU THROUGH OUR WEBSITE, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, EVEN IF FORESEEABLE.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS DETERMINE TO BE UNENFORCEABLE FOR ANY REASON, KOSTKA & ASSOCIATES, LLC’S AGGREGATE LIABILITY FOR DAMAGES, LOSSES OR LIABILITIES SHALL NOT EXCEED $50.00 IN THE AGGREGATE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Governing Law and Jurisdiction.

Our principal office is located in the State of Wisconsin. All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin, in each case located in the County of Marathon. You hereby irrevocably consent and submit to personal jurisdiction of such courts for all purposes and waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

WAIVER OF JURY TRIAL/RIGHT TO BRING A CLASS ACTION LAWSUIT

YOU HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY IN ALL MATTERS, DISPUTES, OR CLAIMS THAT ARISE FROM OR RELATE TO YOUR USE OF THE WEBSITE OR THESE TERMS OF USE. ALL MATTERS, DISPUTES, OR CLAIMS THAT ARISE FROM OR RELATE TO YOUR USE OF THE WEBSITE OR THESE TERMS OF USE MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY USING THE WEBSITE AND AGREEING TO THESE TERMS OF USE, YOU AGREE THAT YOU HEREBY WAIVE THE RIGHT TO FILE A CLASS ACTION LAWSUIT, PARTICIPATE IN A CLASS ACTION, OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS TO THE FULLEST EXTENT ALLOWED BY LAW.

Waiver and Severability.

Any failure by us to assert a right or provision under these Terms of Use or by law shall not constitute a waiver of such right or provision. All waivers must be in writing and signed by one of our authorized representatives. No waiver by us of any breach of any term or condition set forth in these Terms of Use shall be deemed or construed as a further or continuing waiver of such term or condition or a waiver of any other term or condition. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be replaced with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision and the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement.

The Terms of Use (and any documents incorporated herein by reference including our privacy policy) constitute the sole and entire agreement between you and us with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

Contact Us

If you have a comment or question about these Terms of Use, please contact us as follows:

By email: Through the “Contact Us” portion of our Website.

By mail to:

Kostka & Associates, LLC
P.O. Box 1519
Wausau, WI 54402-1519

Effective: May 26, 2021