Last Updated: August 12, 2026
Before you access this website (the “Site“) or any of its content or features, please read these Notices and Terms of Use (“Notices and Terms“), together with our Privacy Policy (incorporated by reference), carefully and in full. By accessing or using any portion of the Site, you acknowledge that you have read and understood these Notices and Terms and agree that they constitute the entire and exclusive agreement between you and Gesmer Updegrove LLP (“Gesmer,“ “we,“ “us,“ or “our“) with respect to:
- Your access to and use of this Site and its features, including any email links, articles, descriptions, forms, templates, documents, notices, or other written content (collectively, and together with the information they contain, “Content“) found on the Site;
- Any rights or obligations relating to or arising from the Site, the Content, and your access to or use of them; and
- Any communications between you and Gesmer relating to or arising from your access to or use of the Site, until and unless Gesmer expressly informs you otherwise or you and Gesmer have an operative, executed engagement letter in place.
Gesmer may amend these Notices and Terms, together with any disclaimers, terms, or conditions posted on the Site (which are incorporated by reference), at any time and without specific notice to you. The current version will always be posted on the Site, and we will update the date above when we make changes.
THESE NOTICES AND TERMS CONTAIN A MANDATORY ARBITRATION PROVISION. BY AGREEING TO THESE NOTICES AND TERMS, YOU AGREE THAT ANY DISPUTES BETWEEN YOU AND GESMER WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
1. Notices
(a) No Legal Advice, Opinion, or Services.
The Site and Content, including Content on legal issues and developments, are provided for general informational purposes only and do not constitute legal advice, a legal opinion, or legal services. Because legal advice requires consideration of all facts relevant to your particular circumstances, you should never treat any Content as a substitute for advice from qualified counsel or as a basis for any decision, action, or inaction. Gesmer does not guarantee that any Content is accurate, comprehensive, or current, and disclaims all warranties regarding it. The Content may not reflect recent legal developments or apply to your jurisdiction, facts, or circumstances. Your use of the Content is entirely at your own risk.
(b) No Attorney-Client Relationship or Privilege.
Your access to or use of the Site, including any Content, email links, or contact information for Gesmer attorneys, does not create an attorney-client relationship or invoke any attorney-client privilege. Your transmission of any information, of whatever nature, likewise does not create such a relationship or privilege. Gesmer enters into attorney-client relationships only after completing procedures unrelated to this Site, in accordance with its own policies and the rules of the bar associations of the states in which it maintains offices. These procedures include, without limitation, a consultation that both parties understand may lead to an attorney-client relationship, Gesmer’s consideration of potential conflicts of interest and professional responsibility, and the execution of a formal engagement letter defining the scope of the relationship. Because no attorney-client relationship arises from your use of the Site or transmission of information to us, those actions will not prevent Gesmer from representing any other party, including one with interests adverse to you.
(c) No Confidentiality.
Unless you are an existing Gesmer client, any email, voicemail, telephone call, or other communication you send to Gesmer or its attorneys or employees will not be treated as confidential, whatever its nature. If you are not an existing client, do not send us any sensitive, confidential, or proprietary information, as Gesmer makes no representations regarding the security, use, disclosure, or return of information received from you absent a separate, explicit agreement. In any event, given the inherent insecurity of email and the Internet, Gesmer cannot guarantee and assumes no responsibility for the integrity or confidentiality of any unencrypted email you send, whether or not an attorney-client relationship exists.
(d) No Advertising or Solicitation.
The Site and Content are provided for general informational purposes only and are not intended as, and should not be interpreted as, advertising or solicitation. If you have questions regarding attorney advertising rules, please contact info@gesmer.com.
(e) No Guaranteed Outcomes.
The Content may describe matters in which Gesmer achieved a successful outcome for a current or former client. These descriptions do not predict or guarantee future outcomes, even in similar circumstances, and do not imply Gesmer’s continued or current representation of, or endorsement by, any client mentioned. Any reference to past awards, designations, or rankings does not imply their continued retention or future achievement.
(f) No Unauthorized Jurisdictions.
If the Site or Content is in any way inconsistent with the rules or state bar requirements of your jurisdiction regarding the communication of legal services, Gesmer does not seek to represent you or any other person or entity in that jurisdiction.
(g) No Admissions or Certifications Unless Specified.
Although Gesmer practices law in the jurisdictions where its offices are located and elsewhere, each Gesmer attorney is licensed only in the jurisdictions listed in that attorney’s biography on the Site. Unless that biography states otherwise, no Gesmer attorney is certified by any professional or governmental authority. The listing of attorneys within practice groups is not intended to indicate any professional or governmental certification.
2. Privacy
Any information you submit, or that Gesmer collects, in connection with your use of the Site will be handled in accordance with our Privacy Policy, and you consent to the collection, transfer, processing, storage, disclosure, and other uses of your information described there. Neither this Section nor the Privacy Policy applies to the practices of any third-party websites, services, or applications you may access through the Site, and Gesmer is not responsible for them. Direct any questions about our privacy practices to info@gesmer.com.
3. Prohibited Uses
As a condition of accessing and using the Site, you agree not to use the Site or any Content for any purpose prohibited by these Notices and Terms, and not to use the Site in any manner that: (a) violates any applicable law, rule, or regulation, domestic or foreign; (b) infringes the intellectual property rights of Gesmer (including its marks and any Content) or any third party; (c) constitutes the unauthorized transmission of unsolicited commercial email; (d) involves the transmission of defamatory material; (e) violates, attempts to violate, or knowingly facilitates the violation of the security (including access control or authentication systems) of the Site or the integrity of any Content; (f) involves software viruses or other malicious code; (g) impersonates any person or entity, including any Gesmer employee or representative; (h) constitutes fraud; (i) interferes or attempts to interfere with the proper working of the Site; (j) bypasses or circumvents, or attempts to bypass or circumvent, any measure Gesmer uses to restrict access to the Site or to connected systems or networks; (k) harvests or scrapes any information from the Site; or (l) otherwise violates these Notices and Terms or the Privacy Policy. You are responsible for all of your activity in connection with the Site.
4. Permitted Uses; Limited Licenses
(a) Copyright in Site and Content.
The Site and Content are protected by United States and international copyright laws, and all rights are reserved. Subject to these Notices and Terms, Gesmer grants you a limited, nonexclusive, personal license to access, view, download, and print the Content solely for noncommercial, informational purposes. You may not modify the Content, and you may not remove or obscure any copyright or permission notices provided on or with it. Gesmer reserves the right, in its sole discretion, to edit or delete any Content or other information on the Site.
(b) Marks and Domain Name.
Gesmer grants you no rights in its marks. You may link to any publicly available page on the Site, but you agree to remove any such link promptly upon Gesmer’s written request.
5. Disclaimer of Warranties
THE SITE AND CONTENT ARE PROVIDED “AS IS,“ AND YOUR ACCESS TO AND USE OF THEM IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW AND APPLICABLE RULES OF PROFESSIONAL RESPONSIBILITY, GESMER DISCLAIMS ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OR TIMELINESS OF INFORMATION, SYSTEM INTEGRATION, NON-INFRINGEMENT, QUIET ENJOYMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION. THE SITE AND CONTENT MAY CONTAIN BUGS, ERRORS, OR OTHER LIMITATIONS. TO THE EXTENT PERMITTED BY LAW AND APPLICABLE RULES OF PROFESSIONAL RESPONSIBILITY, GESMER DISCLAIMS LIABILITY FOR ANY LOST PROFITS, INCOME, BUSINESS, OR DATA, OR FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THE SITE OR ANY CONTENT.
6. Limitation of Liability
IN NO EVENT SHALL GESMER OR ITS AFFILIATED PARTIES, AGENTS, DIRECTORS, EMPLOYEES, VENDORS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, OR COSTS EXCEEDING $100.00 IN THE AGGREGATE, WHICH AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES YOU MAY HAVE AGAINST GESMER AND THE FOREGOING PERSONS AND ENTITIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
7. Third-Party Sites
To the extent the Site links to or presents third-party websites or information, those links and presentations do not constitute an endorsement by Gesmer of the third party or its content. Gesmer does not monitor or verify, is not responsible for, and assumes no liability for any third-party content.
8. Arbitration
Any legal controversy or claim arising out of, relating to, or connected with these Notices and Terms, the Site, or any Content, other than claims brought by Gesmer to collect or recover damages for, or to obtain an injunction relating to, intellectual property ownership or infringement, will be resolved by binding, individual arbitration under the commercial arbitration rules of American Arbitration Association (“AAA“). Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated with any claim or controversy of any other party. The arbitration will be conducted in Boston, Massachusetts, and in accordance with the Governing Law section below. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE HAD TO A TRIAL BY JURY OR TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS CLAIM AGAINST GESMER, INCLUDING ANY CLASS ARBITRATION, CONSOLIDATION OF INDIVIDUAL ARBITRATIONS, OR PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE PROCEEDING. This arbitration provision is governed by the Federal Arbitration Act and not by any state arbitration law. Judgment on any award may be entered in any court of competent jurisdiction. Notwithstanding any applicable law to the contrary, the arbitrator may not award damages, remedies, or awards that conflict with these Notices and Terms. Notwithstanding the obligation to arbitrate, either party may seek injunctive or other equitable relief at any time from any court of competent jurisdiction. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of, relating to, or connected with these Notices and Terms, the Site, or any Content must be filed within one (1) year after it arose or be forever barred.
9. Miscellaneous
Any dispute arising out of or in connection with the Site, the Content, or these Notices and Terms will be governed by the laws of the Commonwealth of Massachusetts, without reference to conflict-of-laws principles that would require the application of the laws of another jurisdiction. If you gain access to information not intended for you, you agree to notify Gesmer immediately and to lawfully destroy all copies in your possession. You may contact Gesmer with questions or concerns about the Site at info@gesmer.com. These Notices and Terms are the entire agreement between you and us with respect to the Site and Content and supersede any prior or contemporaneous communications or proposals. If any provision is found unenforceable or invalid, it will be limited or eliminated to the minimum extent necessary so that the remainder stays in full force and effect. Either party’s failure to exercise any right under these Notices and Terms is not a waiver of any further rights. Gesmer is not liable for any failure to perform caused by circumstances beyond its reasonable control, including mechanical, electronic, or communications failure or degradation. You may not assign, transfer, or sublicense these Notices and Terms without Gesmer’s prior written consent; Gesmer may assign, transfer, or delegate its rights and obligations without your consent. Section and paragraph headings are for convenience only and do not affect interpretation.