Disclaimer

Materials and other information provided on the W.H. Fisher LLC website are for general informational purposes only and do not constitute solicitation or legal advice.  Website materials should never be a substitute for conferring directly with professional legal counsel with respect to your particular legal matters in the appropriate state or other jurisdiction.   Never rely upon or take any action with respect to specific, personal legal matters based on information contained on this website.  While we attempt to update and maintain the information as accurately as possible, the law changes frequently.   Therefore, the website may be incomplete, may contain errors and/or may not reflect the most current legal developments.  W.H. Fisher LLC disclaims any and all liability with respect to any action you do or do not take in reliance on any material on this website.

The website may include links to external websites maintained by other organizations or agencies and third parties may link to this website.  Websites accessible through links are owned and operated by third parties who have no affiliation with W.H. Fisher LLC.  W.H. Fisher LLC does not recommend, endorse, sponsor or approve of the operators of or the content in any linked websites, nor does it have any control over the substance or accuracy of websites accessed through the links.  Consequently, W.H. Fisher LLC cannot be responsible for and disclaims any and all liability for injury incurred as a result of any use of or reliance on material contained through the links and/or any action the third party website operators may take with respect to you after you have accessed their websites.

Attorney Advertising

Any information contained on this website with respect to results obtained by W.H. Fisher LLC is not meant to indicate that the same or similar results can or will be obtained in other cases or situations.  Results will vary depending on the facts and circumstances of each individual matter.  Prior results do not predict, warrant or guarantee a similar outcome.  Images may be those of actors depicting fictional scenes.  References to past or present clients or the circumstances of their specific matters do not constitute testimonials or endorsements by such clients, nor are they a guaranty, warranty or prediction of the outcome of your legal matter. 

This website may also constitute advertising pursuant to Rules of Professional Conduct of certain states.  Please understand that you should never base a decision to retain the legal services of any W.H. Fisher LLC lawyer solely upon this website or advertisements of any kind. 

Attorney-Client Relationship

If you communicate with us, whether through telephone, email, or other means, your communication and our response is not confidential and does not establish an attorney-client relationship between you and W.H. Fisher LLC or any of W.H. Fisher LLC’s associated attorneys.  At W.H. Fisher LLC, an attorney-client relationship cannot be formed over the telephone, by email or other electronic medium.  An attorney-client relationship can only be created by personal contact with an individual W.H. Fisher LLC attorney and requires our prior written consent to act as your legal counsel together with your execution of a written engagement agreement with W.H. Fisher LLC.

Confidentiality/Privacy

W.H. Fisher LLC guards the confidentiality of its clients’ matters and, consistent with our professional obligations, will not divulge information relating to client matters without prior consent or other established exceptions. 

Please understand that any information sent by any means to W.H. Fisher LLC by persons or entities who are not existing clients is not privileged or confidential, will not be treated by us as such, and may not be returned to you and may be destroyed.

We are committed to the security of information our clients provide to us and, therefore, employ commercially available security measures to prevent unauthorized access to information we collect from clients through this website.  However, security of the internet, in general, and email, in particular, is uncertain at best.  W.H. Fisher LLC strongly cautions its clients against transmitting unencrypted sensitive or confidential material over the internet.  Not only might such transmission result in inadvertent disclosure, but it may also result in loss of the protection typically afforded to communications made as a part of an existing attorney-client relationship.  Therefore any such transmission by you is at your own risk, W.H. Fisher LLC disclaims any resulting liability or damage - whether or not transmitted by an existing client - and you agree that W.H. Fisher LLC shall have no liability therefor.

Visits to www.whfisher.com are tracked through standard web traffic statistics programs which record site traffic as well as numerical counts of visitors by domain, URL, search engine keywords used, your browser, operating system and Internet service provider information and other standard web measurements.  We use non-personally identifiable information to analyze website usage which allows us to improve the design and content of our website.

W.H. Fisher LLC does not collect your personally identifiable information unless you specifically provide it.  For example, if you choose the “Contact Us” button or email us, the required contact information, such as your name, email address, telephone number, etc., as well as other information you voluntarily provide, will be retained in a database not located on the Internet.  W.H. Fisher LLC will not contact you about other matters unless you specifically request that we do so.  Requested materials will be emailed to you.

Except as set forth in these legal terms, as required by law or when we believe in good faith that the law requires it, W.H. Fisher LLC does not share, rent or sell information specific to you and/or that identifies you to anyone outside of W.H. Fisher LLC.  We may, however share your data with W.H. Fisher LLC personnel wherever located.

Operators of third party websites accessible to you through links on our site may use information of any nature gathered through the link in a manner different from that set forth in these Website Legal Terms.  Please consult privacy statements contained on such third party sites as they will govern use of your information. W.H. Fisher LLC has no control over any third party website operators and you agree that W.H. Fisher LLC shall have no liability for any third party use of information about you gathered through the links.

Personal information provided by visitors outside the U.S. may be transferred to and stored in our databases located in the U.S. in accordance with U.S. law and not the law of the non-U.S. jurisdiction. You hereby expressly agree to such transfer and storage.  By using our website, you agree to our use of your information as described in these Legal Terms.  We reserve the right to change the confidentiality/privacy terms at any time, so please consult these terms regularly.

Ownership

All material on this website, including without limitation all text, photographs, graphics, computer code, trademarks and other intellectual property, is proprietary to W.H. Fisher LLC P.C. which is the sole and exclusive owner.  While you may temporarily download or store portions of the material solely to view them on a standalone PC or monitor, all such use must be personal.  Any duplication or distribution other than as provided in the website is prohibited.  Use of this website and/or its content for anything other than personal reference purposes is prohibited. 

Licensure

Although this website may be viewed from any of the 50 United States of America and its territories, as well as any country, W.H. Fisher LLC attorney(s) practice primarily in the States of Maryland and Virginia and the District of Columbia, United States of America.  The bar memberships of our attorney(s) are listed in the attorney directory.  Other jurisdictions may have laws and regulations which differ substantially from those of Maryland, the District of Columbia, and Virginia.  W.H. Fisher LLC’s attorneys are only authorized to practice law in those jurisdictions to which they have gained admission, subject to limited exceptions under the rules of particular jurisdictions and the United States Patent and Trademark Office.

Enforcement of Legal Terms

By accessing this website, you agree that any disputes or matters arising out of or related to your viewing or use of this website, or communications made through this website, shall be governed under the laws of the State of Maryland without regard to its conflict of laws principles.  If the rules of the state bar in your jurisdiction require us to identify an attorney and office responsible for this website, W.H. Fisher LLC designates W. Hank Fisher III, Principal, located at 714 Eastern Shore Drive, Salisbury, MD 21804, as the responsible attorney and office.

How to Contact Us

Should you have questions or concerns about any portion of these legal terms you may contact info@whfisher.com.  Should you decide that you no longer want us to retain your personal data or you want to change how the data may be used, please email us at this address as well.

Website Terms of Use and Disclaimer for W.H. Fisher LLC Blogs

W.H. Fisher LLC, owns, operates and/or controls a network of websites and web pages, including www.whfisher.com and its associated and/or successor URLs, websites, technical and functional capability, webpages, Licensed Content and other materials (collectively, the “Sites”). These Sites are provided to visitors and users of the Sites (collectively, “You” or “Your”) only if You agree to these Terms of Use unconditionally and without modification. Your use of any of the Sites constitutes Your acceptance and agreement to all these terms and conditions. THESE TERMS OF USE DO NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP BETWEEN W.H. FISHER LLC AND A SITE USER. (See “Disclaimers, Limitation of Liability and Indemnity at 14, below) W.H. Fisher LLC’s obligations with respect to its legal services are governed solely by the specific written agreement through which they are provided. Additional terms and conditions may apply to specific portions or features of the Sites (such as public forums or other interactive portions of the Sites), all of which are incorporated into these Terms of Use. You will be bound by such additional terms should You use the specific features or portions of the particular Sites. If the additional terms conflict with these Terms of Use, the additional terms shall apply. PLEASE TAKE THE TIME TO READ ALL TERMS OF USE CAREFULLY BEFORE USING THE SITES. By accessing, registering on or otherwise using any of the Sites, You will be presumed to have read these Terms of Use whether or not You have read them and You will have unconditionally agreed to them. If you do not agree to these Terms of Use, do not access, view or use the Sites.

1.         Generally

Many factors go into any decision-making process and everyone’s particular circumstances and legal needs differ. Therefore the Sites and Licensed Content are provided for general informational purposes only; they do not constitute solicitation or legal advice, and should never be a substitute for conferring directly with professional legal counsel with respect to your particular legal matters in the appropriate State or other jurisdiction. Never rely upon or take any action with respect to Your specific, personal legal matters based on Licensed Content contained on the Sites. Subject to the Terms of Use, You are free to browse the Sites to learn more about W.H. Fisher LLC, its core values, operating principles, mission, philosophy, attorneys and legal services and to browse its publications and other educational materials (although some of these activities require that You provide Your email or other address). The Sites and all material posted on the Sites or otherwise approved by W.H. Fisher LLC (collectively, “Licensed Content”) may be used for the sole and limited purposes set forth in the Sites and these Terms of Use. You may view and print portions of the Licensed Content for Your own internal use but not for resale or other commercial exploitation and not for use other than as provided in these Terms of Use if and only if the copied material is:

  • clearly attributed to W.H. Fisher LLC and to the individual authors if named;

  • not presented in a way that suggests some other attribution, sponsorship or endorsement;

  • not sold, alone or as part of a collection, for more than the direct costs of reproduction and distribution.

  • Any other use of Licensed Content without W.H. Fisher LLC’s prior written approval is strictly prohibited. Contact W.H. Fisher LLC for permission to reproduce commercially in any form.       

2.         Educational Material, Case Summaries and Other Information

While W.H. Fisher LLC uses commercially reasonable efforts to update and maintain the Licensed Content to provide accurate information, laws and regulations applicable to the variety of industries served frequently change. Therefore, Licensed Content may be incomplete, contain errors and/or may not reflect the most current legal developments. W.H. Fisher LLC cannot ensure or guarantee and does not warrant that a specific publication or any Licensed Content provided on the Sites will be complete, accurate or current.     

3.         Confidentiality and Data Security

If you communicate with W.H. Fisher LLC, whether through telephone, email or other means, your communication and W.H. Fisher LLC’s response are not privileged or confidential and do not establish an attorney-client relationship between you and either W.H. Fisher LLC or any of the firm's attorneys.  W.H. Fisher LLC values its relationship with visitors and clients and uses commercially available technology to safeguard any personal information collected through the Sites. Nevertheless, the internet is an open medium and no data transmission through the internet is completely secure. You transmit information specific to You at Your own risk. W.H. Fisher LLC does not guarantee or warrant the security of information You transmit. Once received, Your information is stored in the United States. W.H. Fisher LLC takes various precautions to safeguard information stored on its systems against loss, theft and misuse as well as unauthorized access, disclosure, alteration and destruction.

Information Collected: Generally W.H. Fisher LLC does not collect personal information through the Sites. You may visit the Sites without telling W.H. Fisher LLC who You are or revealing personal information about Yourself. However, W.H. Fisher LLC, its business partners and other companies providing services to or on behalf of W.H. Fisher LLC (such as, for example, companies assisting with the operation or features of the Sites, advertising and promotional campaigns, surveys, and the like) may use various technologies (such as cookies, web beacons, pixel tags, click-through URL links) to collect non-personally identifiable information discernable as a result of Your visit. This may include, without limitation, Your IP address, web pages requested or viewed, date, time and domain type, demographic information and responses to surveys, promotions and advertisements. Information gleaned from Your browser is automatically received and recorded on server logs. As technology evolves, information may be gathered through other means as well. You may set Your browser either to notify You when You receive a cookie or to refuse to accept cookies. However, if you do so You may not be able to participate in certain of the Sites’ features.   

Public information that personally identifies You, such as Your name, address, e-mail address, telephone number and demographic data specific to You may also be collected from a variety of sources. You may provide personally identifiable public information directly, or it may be gleaned through the Sites or collected from other sources. For example, when You subscribe to receive publications, You provide Your name, email address and in some cases Your mailing address. This information is stored to fulfill Your subscription request. You cannot communicate with W.H. Fisher LLC through the “Contact Us” link on the Sites or via e-mail without providing some personally identifiable information. If You contact W.H. Fisher LLC or its service providers, a record of that session or correspondence will be maintained. Information identifying You is collected and stored when You participate in public forums, blogs, chat rooms, news groups or bulletin boards, ask questions, request literature and/or other information. If you use any interactive public areas of any of the Sites, any information You share is visible to other users. Any information You submit through one of these forums can be read, collected, shared or used by other individuals, for example, to send You unsolicited messages. W.H. Fisher LLC is not responsible for information You choose to submit in these forums.

Any comments, blogs, discussions, data, images, sounds, text, product ideas, suggestions or enhancements, as well as anything embedded therein, material, information or other communication located on the Sites or that You transmit, upload or post to, them generally and through the public forums, or email to W.H. Fisher LLC (collectively, “Communications”) are non-confidential and nonproprietary and become the property of W.H. Fisher LLC. W.H. Fisher LLC has no obligation to preserve the confidentiality of or refrain from disclosing any Communications. You recognize and acknowledge that Your submission of any suggestions, ideas, images, sounds, enhancements, data or other material is done on a non-confidential, non-proprietary basis, without expectation of compensation or attribution of any sort. W.H. Fisher LLC has no liability for and will be free to copy, disclose, distribute, incorporate and otherwise use all or any part of any Communications for any and all commercial or noncommercial purposes in any medium whatsoever and without additional consent or approval from You. Please exercise caution and discretion in disclosing personal information through any public forums, including uploading photos to them.

Information Use/Sharing:  W.H. Fisher LLC will not trade, sell or share Your contact information with third party marketers without Your consent unless required by law or as disclosed to You when the information is collected or as provided in these Terms of Use.  W.H. Fisher LLC may use any public information gained through the Sites for any legal purpose. If You access the Sites outside the United States, Your connection is through and to servers located in the United States. Any information You provide will be processed and maintained in the United States on W.H. Fisher LLC’s Sites’ servers and/or other network systems operated by or for W.H. Fisher LLC’s benefit. If You access the Sites and/or reside outside the United States, Your information may be stored, transmitted and shared in accordance with U.S. data privacy laws which may not be equivalent to those in effect in Your country. W.H. Fisher LLC uses information You provide that identifies You in a number of ways. Your contact information is required to fulfill Your requests to subscribe to newsletters or other publications, literature or other information, to answer questions, confirm appointments, correct problems with the Sites, to customize Licensed Content, improve support services, to conduct research, advertising, marketing and promotional campaigns, or to provide anonymous reporting for internal use and to third parties. Information collected from any source may be combined to improve services and enable more targeted, tailored communications. It may also be aggregated and made available without identifying You to ascertain trends, security/privacy patterns and research, internal record keeping and reporting, measuring and reporting learning, performance and other statistical information concerning any aspect of the Sites.

If W.H. Fisher LLC were to merge with or be acquired by another law firm or if it were to cease operations, Your information may be transferred to the surviving or acquiring entity or to another person or entity and will then be subject to that person’s or entity’s privacy policy which may be different from that of W.H. Fisher LLC. Your information may be disclosed if there is reason to believe that disclosure is necessary to identify, contact or bring legal action to enforce any legal rights, including against You or a third party, for nonpayment of any amounts owed, violation of any agreement, and to prevent injury to or interference with W.H. Fisher LLC’s rights or property, the rights or property of users of other Sites or anyone else that could be harmed by such activities. W.H. Fisher LLC may disclose or access account information when it believes, in good faith, that disclosure is required by law, for administrative and other purposes deemed necessary to ensure it is paid for products sold through the Sites and to protect its rights or property. By accessing and using the Sites, You agree that information You have provided may be used and disclosed as described above or as these Terms of Use may be modified from time to time.

Notice to California residents about your California privacy rights:   In addition to the other rights described in this policy, if You are an individual residing in California, You have the right to request information regarding the third parties with whom W.H. Fisher LLC has shared personal information for direct marketing purposes during the past year. You have the right to submit a request to W.H. Fisher LLC at its designated address and receive the following information within 30 days of its receipt of that request: (1) the types of personal information disclosed to third parties during the immediately preceding calendar year, (2) the names and addresses of third parties that received the personal information, and (3) if the nature of a third party’s business cannot be reasonably determined from the third party’s name, examples of its products or services. You are entitled to receive a copy of this information in a standardized format. Information provided will not be specific to you individually. All such requests must be in writing and sent to W.H. Fisher LLC’s designated address set forth in Section 14.

4.         User Conduct

In general, W.H. Fisher LLC expects visitors to interact with W.H. Fisher LLC and other users of the Sites in a courteous manner and in compliance with all laws. Vandalism, obscene or abusive language, harassment, threats, or abuse of any nature or form on the Sites, including via e-mail, post or other transmission is strictly prohibited. Impersonation of others or misrepresenting Your affiliation with W.H. Fisher LLC or another is prohibited. You may not upload to, distribute or otherwise publish through the Sites any material that you know is false, misleading, contains viruses or malicious code, defamatory, vulgar, obscene, threatening, libelous, infringes upon another’s proprietary rights is invasive of another’s privacy or publicity rights, hateful, racially or ethnically objectionable or which may constitute or encourage a criminal offense, violate any law or another’s rights or otherwise give rise to liability.

You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of anything transmitted through the Sites, disclose proprietary or confidential information or otherwise infringe another’s patent, trademark, trade secret, copyright or other proprietary right (“Rights”). You may not upload chain letters, pyramid schemes, solicitations, or commercial material of any sort to the Sites, use the Sites to solicit others, advertise or promote anything. Framing, in-line linking or other means of associating the Sites, Marks or Licensed Content with another or with any material, link or information not originating with W.H. Fisher LLC is expressly prohibited.

You may not probe, scan or test the vulnerability of the Sites or any networks. You many not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Sites or Licensed Content. You may not reproduce or circumvent the navigational structure or presentation of the Sites or any Licensed Content, circumvent the security features or attempt to access any materials or information through any means not purposely made available by W.H. Fisher LLC through the Sites. Any attempt to interfere with or disrupt the Sites, its servers, networks, Software, equipment or database connected to the Sites, whether via malicious code, files or other means, or attempts to disassemble, reverse engineer or decompile any Software, trace the information of any other user or visitor, circumvent security features such as passwords, or take any action that compromises the privacy or security of the Sites, users or other visitors is strictly prohibited.

5.         Social Media/Blogs/User Submissions

Certain interactive portions of the Sites, such as the blogs and other social media forums require special mention and reiteration. The purpose of a W.H. Fisher LLC blog Site is to facilitate a dialogue on various legal and business issues. W.H. Fisher LLC encourages on-topic participation subject to the Terms of Use. You agree that Your participation in any dialogue through a blog Site does not constitute legal advice or create an attorney/client relationship. W.H. Fisher LLC insists that all statements made about it and its products be accurate, not misleading and not contain unsubstantiated statements. W.H. Fisher LLC adheres to and requires that its employees, service providers and others endorsing or otherwise acting on behalf of W.H. Fisher LLC on a blog or other public forum all adhere to applicable State Rules of Professional Conduct and Federal Trade Commission (FTC) rules and guidelines governing endorsements and testimonials. The FTC requires that endorsers disclose a material connection with an advertiser, his/her/its affiliation with W.H. Fisher LLC and if incentives, free products or gifts or other compensation was received from W.H. Fisher LLC. Because Your opinions may be considered an “endorsement” and You an “endorser” under the FTC’s revised Endorsement and Testimonial Guide, it is important that You review and fully and completely understand what the FTC requires. You are responsible for complying with FTC requirements. For example, the FTC requires that You , as an endorser (i) let readers know if You received any free products or any other item of value from W.H. Fisher LLC or if another material connection exists, and (ii) ensure that Your statements about and reviews of W.H. Fisher LLC products reflect Your honest opinions, beliefs and findings.


You are solely responsible for Your Communications and Your activities on the Sites. Although W.H. Fisher LLC may, it has no obligation to, monitor Your Communications. W.H. Fisher LLC has the right not to post or publish Licensed Content and/or Your Communications and to delete, remove or edit any Licensed Content and or Communications at any time in its sole discretion without notice or liability of any notice or sort. Under no circumstances is or will W.H. Fisher LLC be liable in any way for any Communications, Your or another’s use of the Sites or any Licensed Content, including but not limited to any errors or omissions in any Licensed Content, or for loss or damage of any kind incurred as a result of the use of any Licensed Content via the Sites. Performance, experience, competence or other claims made through public, interactive areas provided on the Sites have not undergone review, or research by W.H. Fisher LLC to substantiate such claims.   

6.         Case Summaries-Limitation On Prior Results

Licensed Content specifying results obtained by W.H. Fisher LLC lawyers is not meant to indicate that the same or similar results can or will be obtained in other cases or situations.  Results will vary depending on the facts and circumstances of each individual matter.  Prior results do not predict, warrant or guarantee a similar outcome.  Images on the Sites may be those of actors depicting fictional scenes.  References to past or present clients or the circumstances of their specific matters do not constitute testimonials or endorsements by such clients, nor are they a guaranty, warranty or prediction of the outcome of your legal matter.

7.         Advertising

The Sites may constitute advertising pursuant to Rules of Professional Conduct of certain states.  Please understand that You should never base a decision to retain the legal services of any W.H. Fisher LLC lawyer solely upon these Sites, the Licensed Content or advertisements of any kind.

8.         Licensure

Although the Sites may be viewed from any of the 50 United States of America and its territories, as well as internationally, W.H. Fisher LLC attorney(s) practice law primarily in the States of Maryland and Virginia and the District of Columbia, United States of America. The bar memberships of our attorney(s) are listed in the attorney directory located on the Sites.  Other jurisdictions may have laws and regulations which differ substantially from those of the State of Maryland and Virginia and the District of Columbia.  W.H. Fisher LLC attorney(s) are only authorized to practice law in those jurisdictionsto which they have gained admission, subject to limited exceptions under the rules of particular jurisdictions and the United States Patent and Trademark Office.

9.         Indemnity

You agree to indemnify, defend and hold W.H. Fisher LLC, its members, officers, directors, employees, suppliers, service providers, agents and employees, harmless from all claims, demand, damages, fees and costs of any nature, including reasonable fees of attorneys and other professionals, due to or arising out of anything You submit, transmit through or upload to the Sites, Your use of the Sites, Your connection to the Sites, Your violation of these Terms of Use, or Your violation of any Rights.  You agree to indemnify W.H. Fisher LLC for and hold it harmless from and against any and all liability, damages, loss or expense (including reasonable fees of attorneys and other professionals) it may incur, including but not limited to loss of business profits, taxes, penalties or sanctions, interest, fees, costs and expenses of any nature arising from or related to any claim, demand, action or proceeding alleged or initiated against W.H. Fisher LLC by any third party based upon any Communications You provide or Your use of the Sites.

10.        Modifications to the Sites and these Terms of Use/Termination

From time to time W.H. Fisher LLC may change the Licensed Content, disable certain features of the Sites, expand the Sites’ capability, or suspend or terminate anyone’s access to or use of the Sites for any reason but especially if W.H. Fisher LLC believes that You have violated or acted inconsistently with the letter or spirit of these Terms of Use. W.H. Fisher LLC also reserves the right at any time and from time to time to modify these Terms of Use, the Sites, their functionality and capabilities and/or discontinue, temporarily or permanently, the Sites (or any part thereof) with or without notice. You should also regularly review these Terms of Use. You agree to be bound by the Terms of Use as modified and that W.H. Fisher LLC shall not be liable to You or to any third party in any way for any suspension or termination of Your access to or use of the Sites.

11.        Links

The Sites may contain links to other internet websites or resources. When You link to those sites, You leave the Sites.  W.H. Fisher LLC has no control over such sites, their content and resources or the business practices or policies of operators of such sites. The privacy terms set forth in these Terms of Use do not apply to the practices of any companies or individuals operating the linked sites. Please use caution and review the privacy policies of any sites that You visit to learn more about their information-gathering practices. W.H. Fisher LLC expressly disclaims all responsibility or liability for the availability or accuracy of such external sites or resources or the content thereon, does not endorse and is not responsible or liable for any advertising, products or other materials on or available from such sites or resources. The inclusion of any link on the Sites does not imply that W.H. Fisher LLC endorses the linked site. Your use of any links is at Your own risk. You further acknowledge and agree that W.H. Fisher LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any goods, services or materials available on or through any such link, site or resource.

12.        W.H. Fisher LLC’s Proprietary Rights

Everything You see or read on the Sites, including the expression, coordination, selection, arrangement, collection, compilation, assembly and arrangement of the Sites and Licensed Content, is protected by all United States and international copyright and trademark laws, and may not be used except as provided in these Terms of Use without W.H. Fisher LLC’s express written permission. The Sites and any necessary software or other technology used in connection with the Sites (“Software”), the collection, compilation, assembly and arrangement of Licensed Content, all images, photography, graphics, artwork, text, and other information and material found on the Sites, regardless of source, all Marks and other intellectual property relating thereto and all information and data collected through the Sites (all of which are included in and as the “Licensed Content”), are owned by W.H. Fisher LLC or other designee, its suppliers or partners, is used under license granted to W.H. Fisher LLC and contains proprietary and confidential information that is protected by all applicable intellectual property and other laws. All trademarks, logos, trade names, trade dress, product and service names or marks, logos, graphics, page headers, button icons and scripts, individually or combined with one another (collectively the “Marks”) and whether or not registered, are owned by and/or proprietary to W.H. Fisher LLC and/or its affiliates or other designees, or other third party owners who have granted W.H. Fisher LLC the right and license to use its marks (“Third Party Marks”). You may not use or display the Marks or Third Party Marks in any manner without the prior written consent of the applicable owner, but especially not in a manner that is likely to cause confusion in the marketplace or in any matter that disparages or discredits W.H. Fisher LLC or its affiliated companies. This includes use of the Sites’ addresses or Marks in page text, as key words, meta tags or any other “hidden text.”

13.        Notices and Procedures for Making Claims of Copyright Infringement

W.H. Fisher LLC respects the intellectual property of others, and asks users and visitors to its Sites to do the same. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to W.H. Fisher LLC. W.H. Fisher LLC will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, W.H. Fisher LLC will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If You believe that Your work has been copied in any way that constitutes copyright infringement, please provide all of the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • A description of the copyrighted work that You claim has been infringed;

  • A description of the material that You claim is infringing or is the subject of infringing activity, that it is to be removed or access to it disabled and information reasonably sufficient to enable W.H. Fisher LLC to locate the material on the Sites;

  • Your name, address, telephone number, email address and all other information reasonably sufficient to enable W.H. Fisher LLC to contact You;

  • A statement by You that You have a good faith belief that use of the material as described by You is not authorized by the copyright owner, its agent, or the law;

  • A statement by You, made under penalty of perjury, that the information in Your notification is accurate and that You are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.    

Notices of copyright infringement should be directed to:

By mail:     

W.H. Fisher LLC
714 Eastern Shore Drive

Salisbury, MD 21804

Attn: W. Hank Fisher III, Principal


By Email:   

info@whfisher.com
(Please include “Notice of Infringement” in the subject line.)

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING W.H. FISHER LLC THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

14.        DISCLAIMERS AND LIMITATIONS OF LIABILITY

W.H. FISHER LLC DOES NOT OFFER LEGAL ADVICE OR COUNSELING THROUGH THE SITES AND NOTHING CONTAINED IN THE LICENSED CONTENT OR ON THE SITES SHOULD BE CONSTRUED AS OFFERING SUCH ADVICE. At W.H. Fisher LLC, an attorney-client relationship cannot be formed over the telephone, by email or other electronic medium.  An attorney-client relationship can only be created by personal contact with an individual W.H. Fisher LLC attorney and requires our prior written consent to act as your legal counsel together with your execution of a written engagement agreement with W.H. Fisher LLC. W.H. FISHER LLC DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES’ LICENSED CONTENT OR ANY MATERIAL OR OTHER INFORMATION ACCESSIBLE THROUGH THE SITES.   

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • YOUR USE OF THE SITES, LICENSED CONTENT, PUBLICATIONS AND OTHER MATERIALS AND ANY PARTICULAR FEATURE IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. W.H. FISHER LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE SITES.

  • W.H. FISHER LLC MAKES NO WARRANTY THAT: (I) THE SITES WILL MEET YOUR REQUIREMENTS; (II) ACCESS TO THE SITES WILL BE UNINTERRUPTED OR TIMELY; (III) THE SITES ARE SECURE; (IV) LICENSED CONTENT IS ACCURATE OR ERROR-FREE; (V) RESULTS OBTAINED FROM USE OF THE SITES WILL BE ACCURATE OR RELIABLE; OR (VI) THE QUALITY OF THE LICENSED CONTENT, SITES, INFORMATION, OR OTHER MATERIAL ACCESSED THROUGH THE SITES WILL MEET YOUR EXPECTATIONS.

  • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.

  • NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM W.H. FISHER LLC OR THROUGH OR FROM THE SITES SHALL CREATE ANY ATTORNEY-CLIENT RELATIONSHIP OR WARRANTY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT W.H. FISHER LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF W.H. FISHER LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE, ACCURACY OF THE INFORMATION, LICENSED CONTENT AND MATERIALS SHOWN OR AVAILABLE FROM THE SITES OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR USE OF THE SITES. IN ANY CASE, W.H. FISHER LLC’S SOLE LIABILITY, AND THAT OF ITS LICENSORS, SUPPLIERS AND BUSINESS PARTNERS, IS LIMITED TO FIVE DOLLARS ($5.00). YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST W.H. FISHER LLC WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED.   THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

15.        NOTICE

Notices may be made via either email or regular mail. Notice or other correspondence to W.H. Fisher LLC should be sent prepaid, by certified mail, return receipt requested or overnight commercial courier to:

W.H. Fisher LLC
714 Eastern Shore Drive
Salisbury, MD 21804
Attn: W. Hank Fisher III, Principal

16.       General Information

W.H. Fisher LLC administers and operates the Sites from its headquarters in Salisbury, Maryland USA.  Although the Sites may be accessible worldwide, not all features, or services discussed, referenced, provided or offered through or on any of the Sites are available to all persons or in all geographic locations, or are appropriate or available for use in Your jurisdiction. W.H. Fisher LLC reserves the right to limit the provision and quantity of any feature, or service to any person or geographic area in its sole discretion. These Terms of Use and any other agreements, whether or not referenced herein, constitute the entire agreement between You and W.H. Fisher LLC with regard to use of the Sites. These Terms of Use, Your use of the Sites and any other agreement with and the relationship between You and W.H. Fisher LLC shall be governed by the laws of the State of Maryland without regard to choice of law provisions. You and W.H. Fisher LLC agree to submit to the personal and exclusive jurisdiction of the pertinent state or federal courts located within or with jurisdiction over the Wicomico County, State of Maryland, regardless of the fact that the Sites are accessible outside the United States. Notwithstanding the foregoing, W.H. Fisher LLC may seek equitable relief, including preliminary and permanent injunction, in any court of competent jurisdiction to prevent or enjoin misappropriation, misuse, unauthorized disclosure or infringement of any intellectual property rights. The failure of W.H. Fisher LLC to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, You must file any claim or cause of action arising out of or related to Your use of the Sites or the Terms of Use within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

17.        Violations

Please report violations of the Terms of Use to info@whfisher.com.

18.       Disseminated Material

Please send questions, feedback, concerns or complaints about any material disseminated by W.H. Fisher LLC to info@whfisher.com.