Privacy Policy

Hertz Herson LLP (“Hertz Herson,” “we,” “us,” or “our”) understands the importance of maintaining the privacy and security of personal information provided by or collected from visitors (“visitor(s),” “you” or “your”) of our website (“Site”). The following privacy policy (“Privacy Policy”) describes how we deal with and protect your personal information submitted to us for use with or in connection with the Site. This Privacy Policy is incorporated by reference into Hertz Herson’s Terms of Use, as if set forth fully therein, which Terms of Use must also be reviewed and accepted by you. Please contact us if you have questions or concerns about the safety and confidentiality of your Information at (212) 686-7160 or by regular mail at 575 Lexington Avenue, New York, NY 10022.

SOURCES OF PERSONAL INFORMATION

We may collect certain public and nonpublic personal information by which you can be identified, including but not limited to information shared by you in online forms and registration sections; information gathered by way of analysis of cookies or any other method of internet browsing analysis; information you provide us in connection with services that we perform on your behalf; and information related to search queries you may perform within our Site (collectively, “Information”). This Information can be provided to us by you verbally or in writing either directly or indirectly by mail, email or by internet or electronic communication. We may also collect Information about you supplied to us by our affiliates, agents, subcontractors, or representatives who have a right to such Information. By visiting and/or providing your personal information to us on our Site, you consent to our retention and use of that Information pursuant to the terms of this Privacy Policy.

USE OF INFORMATION

Information collected by Hertz Herson may be used by us and our employees, affiliates, agents, subcontractors, or representatives (collectively, “Authorized Personnel”) for certain purposes, including but not limited to servicing your account with Hertz Herson, Site improvement, contact with you related to Site updates and services, market research, technical support, and contact with you regarding your registration or Site-related activities. You agree that Hertz Herson and our Authorized Personnel may keep and use your Information for such services and contact with you.

DISCLOSURE OF INFORMATION

We do not disclose your Information obtained by us in the regular course of our business except as required or permitted by law. Certain permitted disclosures of your Information shall be limited to Authorized Personnel who need to know such Information in order for Hertz Herson to serve you. We may also disclose or provide your Information to other parties with which we enter into or reasonably may enter into a commercial transaction, such as, for example, a merger, acquisition, consolidation, or other corporate asset transfer. When appropriate, we will emphasize the confidential nature of the Information being shared and remind the recipient that they are bound where applicable by confidentiality or nondisclosure agreements, our policies, professional standards, and the law.

PROTECTING YOUR INFORMATION

In some cases, we retain records and Information provided by you or generated as a result of the services we provide to you so that we can provide such services and, in some cases, to comply with the law and/or our professional obligations. We maintain reasonable procedural, physical and electronic safeguards in order to protect your Information. By visiting our Site you acknowledge that it is also critical for you to guard against unauthorized access to or use of your passwords or electronic devices. Please note that the confidentiality and security of any information transmitted to Hertz Herson via the Site or by any other electronic means cannot be guaranteed with absolute certainty, including for example, information regarding your name or address. Accordingly, Hertz Herson is not responsible for the security of Information transmitted via email or the Internet. Visitors are welcome to communicate with Hertz Herson by mail at 575 Lexington Avenue, New York, NY 10022.

THIRD PARTY LINKS

This Site may contain links to other websites maintained by third-parties over whom we have no control. Should you click on or use such links, your visits to those websites are not covered by this Privacy Policy nor will Hertz Herson be responsible for the privacy policies that may be contained on such websites.

DISCLAIMER

Pursuant to U.S. Treasury Department Circular 230, unless we expressly state otherwise, any tax advice contained on this Site is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties or (ii) promoting, marketing or recommending to another party any matter(s) addressed herein. Additionally, unless otherwise stated, any advice herein provided shall not be considered as formal tax advice or opinion upon which you can rely.

CHANGES TO PRIVACY POLICY

We reserve the right, at any time and without notice, to modify, add to or update this Privacy Policy by posting change(s) on the Site, which are to be effective upon such posting. It is your obligation to learn of the changes to this Privacy Policy, and you agree to abide by such modified or updated terms just as you agree to abide by the terms of this current Privacy Policy. Any such modification, addition or update to the Privacy Policy shall supersede any prior understanding that you had related to the Privacy Policy.

GOVERNING LAW AND JURISDICTION

Any claim related to the Site shall be governed by the laws of the State of New York without regard to its conflict of laws provisions. You also agree to the exclusive jurisdiction of the state and federal courts located in Manhattan, New York, accept service of process by personal delivery or mail and irrevocably waive your right to trial by jury as well as any jurisdictional or venue-related defenses you may have.

TERMS OF USE

TERMS

By visiting this website (“Site”) created and maintained by Hertz Herson LLP (“Hertz Herson,” “we,” “us,” or “our”), you agree to read and be bound by these website Terms of Use (“Terms”). You also agree that you are responsible for compliance with all applicable laws and regulations concerning the use of this Site and the use of the Internet by you. If you do not agree with any of these Terms, then you are prohibited from accessing this Site. Unless otherwise stated, the content contained on this Site is for general informational purposes only. Site content should not be construed as legal, accounting, tax, or any other professional or non-professional advice or services.

DISCLAIMER

The contents of this Site are provided “as-is” and “as available.” Hertz Herson makes no warranties, either express or implied, and hereby disclaims to the greatest extent allowable under the law all such warranties, including but not limited to, implied warranties of fitness and implied warranties of merchantability. Additionally, we make no representations regarding the accuracy, results, reliability, completeness, or currency of the Site’s content or the content of any other websites that are linked to or accessible from this Site. Note that the laws of your state may allow additional warranties or restrain our ability to limit warranties. Your use of this Site is solely at your own risk.

REGISTRATION

In order to take advantage of certain Site features, you may be required to register and create an account. As part of that registration process, you may be asked to create a username and password and supply Hertz Herson with other public and non-public personal information about yourself. You agree that you are fully responsible for your account and the maintenance and confidentiality of your username and password. You may terminate your account at any time by contacting Hertz Herson or by utilizing any termination feature that we may provide on the Site. You understand that even after you terminate your account, Hertz Herson may retain your personal information pursuant to the terms of our Privacy Policy and/or any applicable rule, professional obligation, regulation, or law.

COPYRIGHTS, TRADEMARKS AND OTHER MATERIAL

This Site contains copyright and trademark protected material. Any unauthorized use of such copyright or trademark protected material may violate copyright, trademark or other laws. Should you download or use content from this Site for personal or non-commercial use, you must retain all copyright, trademark or other similar notices contained in the original materials or any copies thereof. You may not modify, reproduce, publicly display, perform, distribute, or otherwise use Site content for any public or commercial purposes without the express written consent of Hertz Herson. You may not upload or otherwise send to this Site anything that is proprietary or copyright or trademark protected without the express written consent of the owner of the applicable content. You are likewise prohibited from uploading or sending to this Site any unlawful, threatening, libelous, or profane content that could lead to any civil or criminal liability for either you or Hertz Herson. Complaints or notices regarding any violation described above can be directed to us at (212) 686-7160 or 575 Lexington Avenue, New York, NY 10022, Attn: General Counsel.

LIMITATIONS ON LIABILITY

Neither Hertz Herson, nor any other party involved in the creation, maintenance, serving or hosting, and/or updating of this Site shall be held liable for any damages related to any loss arising out of the use or inability to use this Site or the content contained on or accessible through the Site, even if we or any other party have been notified in any way of such potential losses or damages. You agree that these limitations on our liability apply to all Site content, goods and services. In any jurisdiction where limitations of liability are limited or prohibited, our liability shall be limited to the greatest extent permitted by that jurisdiction.

LIMITATIONS ON YOUR USE

You agree to use this Site only for lawful purposes and for its intended purposes. You agree to refrain from causing or aiding any disruption of or unauthorized access to the Site, its physical or electronic infrastructure or its security measures. You also agree not to intentionally, recklessly or knowingly interfere with any other user or visitor’s use of the Site. Hertz Herson reserves the right to limit and/or terminate your use of this Site at any time, for any reason and without any notice or explanation to you. A waiver by us of one of these Terms on one occasion will not obligate Hertz Herson to waive any of its rights under the Terms or the law on another occasion.

INDEMNITY

You agree to indemnify Hertz Herson from any damages, losses, costs, fees, or expenses that we may suffer as a result of your use of this Site or its systems or your use of the content, goods and/or services available through this Site.

SITE REVISIONS AND TERMS OF USE MODIFICATIONS

Hertz Herson may, but is not required to, make revisions to the Site and its content at any time and without notice. We may also revise these Terms in the same manner. By using this Site, you agree to abide by the current version of these Terms.

WEBSITE LINKS

Hertz Herson is not responsible for the content of websites that may be accessible through or linked to our own Site. Such web links do not constitute endorsements of the websites to which they link by Hertz Herson. Your use of such links is at your own risk.

PRIVACY

You agree to read and abide by the terms of our Privacy Policy, which are incorporated herein by reference.

SEVERABILITY

If it is found by a court of competent jurisdiction that any term or provision of these Terms is invalid or unenforceable, the remaining terms and provisions hereof shall be unimpaired and shall remain in full force and effect.

GOVERNING LAW AND JURISDICTION

INTEGRATION/ENTIRE AGREEMENT

These Terms, including all documents or policies specifically referenced herein, constitute the entire understanding between you and Hertz Herson with respect to your use of this Site, and they supersede all prior communications, understandings and/or agreements related to the subject matter referenced above.