While we are California lawyers, we are not your lawyer. To avoid any misunderstandings, please review the following disclaimer carefully.
The information provided at this web site and all related newsletters, blogs, emails, and social media platforms including, but not limited to Facebook, Twitter, Linkedin, Google Plus, Instagram, Vine, and Pinterest, is not, and not intended to be, directly or indirectly, legal advice. It also does not establish any type of legal relationship between attorney and client. This site and information merely conveys general information that a consumer or lawyer may find useful. Your access to and use of this web site, blog, and all related pages, links and resources, is subject to additional terms and conditions.
YOUR USE OF THIS WEBSITE, BLOG, AND ALL RELATED PAGES, LINKS, RESOURCES, AND COMMUNICATIONS (HEREINAFTER “WEB SITE”) CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, YOU MUST NOT USE OR MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEB SITE.
1. Purpose of Web Site. This Web Site is a service made available by our company and as set forth herein, its use is intended only for residents of the State of California. The information in the Web Site is for general informational and educational purposes, and to give you general information and a general understanding of certain litigation and trial related matters and is not intended to provide legal advice. Although care has been taken to provide accurate and current information, the general principles, information and opinions presented at this Web Site may differ depending on local, state, national, international and federal laws, regulations, and court cases. Because the content of this Web Site constantly changes and varies from jurisdiction to jurisdiction, and is subject to varying interpretations, the reader is urged to consult professionals and/or legal counsel in his or her state or country regarding the applicability of any matters or points of law, if any, discussed at this Web Site to any specific problem. This Web Site should not be used as a substitute for competent professional and legal advice. Again, NO LEGAL ADVICE OR OPINIONS ARE PROVIDE AT THIS WEB SITE, NEWSLETTER OR RELATED LINKS.
2. Resources, Products and Third Party References (hereinafter “Tools”). This Web Site also contains concerning and referencing various third party tools, tips, resources and products. Provider does not warrant the validity of the information, nor does it guarantee the quality of the work product of the Tools. The determination of the need for professional or legal services are important decisions and should not be based solely upon the Tools. Provider does not review the content of the listings that are provided by the Tools or any links to the Web Site. Provider is not responsible for any material or information contained in the linked sites or provided by Tools. All users of the Web Site are encouraged to make their own independent investigation and evaluation of any Tools they might consider using.
3. Limited License; Permitted Uses. Only individuals over the age of 18 may use this Web Site and, said persons are granted a non-exclusive, non-transferable, revocable license (1) to access and use the Web Site strictly in accordance with these Terms and Conditions of Use; (2) to use the Web Site solely for internal, personal, non-commercial purposes; and (3) to print out discrete information and search results from the Web Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other notices contained therein.
5. Policy on Unsolicited Commercial Email. Provider does not authorize the use of the Web Site for purpose of gathering information for or transmitting unsolicited bulk commercial email over the Internet to anyone. Internet email sent to or through Provider’s computer systems containing invalid or forged headers, invalid or non-existent domain names or other deceptive addressing is deemed counterfeit; the sending or attempt to send counterfeit email to or through the Provider’s computer systems is strictly prohibited. Email that is relayed to or through the Provider’s computer systems from a third party’s mail servers without permission of such third party, or which employs a similar device to hide the real source of the email is also strictly prohibited. Provider prohibits anyone from sending email to or through its computer systems that violates these Terms and Conditions of Use. Provider prohibits the harvesting of email addresses from the Web Site for the purpose of sending unsolicited bulk commercial email.
6. Intellectual Property Rights. Except for the limited license contained herein, nothing in these Terms and Conditions of Use grants or should be construed to grant any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in this Web Site and its content belong to Provider, its licensors, or third parties, as applicable. For further information, see the copyright language herein.
7. Electronic Commerce. The content on this Web Site, including but not limited to articles and other resources and information, is for personal use only. Notwithstanding the foregoing, to the extent this Web Site provides any purchasing opportunities through electronic commerce, such buying opportunities may be made available for group as well as personal purchasing according to the particular terms thereof and so long as you are authorized to make purchases on behalf of such group.
8. No Solicitation. You shall not distribute on or through the Web Site or to any persons or entities identified via the Web Site any content or material containing solicitations or advertising of any kind without the express prior written permission of the Provider. In interactive forums made available through this Web Site, you may discuss or recommend third-party Web sites, goods or services, so long as you have no financial interest in and receive no direct or indirect benefit from such Web sites, products or services, or the recommendation of such.
9. Postings. You agree not to post, publish, upload or distribute in the interactive areas on this Web Site any messages, data, information, text, graphics, links or other material (“Postings”) which are unlawful or abusive in any way, including but not limited to any Postings that are defamatory, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, or the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, either intentionally or unintentionally. Provider may delete your Posting at any time for any reason without permission from you. Participants shall not misrepresent their identity or their affiliation with any person or entity.
10. Digital Millennium Copyright Act – Notification of Alleged Copyright Infringement. Provider may have registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. Provider reserves the right to remove any content or links that allegedly infringe another person’s copyright. Provider will terminate, in appropriate circumstances, any subscriber or user accounts that might exist with respect to Provider’s system or network who are repeat offenders of another’s copyrights. Notices to Provider regarding any alleged copyright infringement should be directed to our company via the contact information found on our contact page.
11. License of Your Content to Provider. By uploading content to or submitting any materials for use on the Web Site, you grant (or warrant that the owner of such rights has expressly granted) Provider a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe.
12. Linking to the Web Site. You may provide links to this Web Site, provided (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Web Site, (b) you give Provider notice of such link by sending an e-mail to our company via the contact information found on our contact page and, (c) you discontinue providing links to this Web Site immediately upon request by our company.
13. Advertisers. This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web Site is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in any advertiser’s or sponsor’s materials.
14. Registration. Certain sections of this Web Site may require you to register. If registration is requested, you agree to provide Provider with accurate, complete registration information. Your registration must be done using your real name and accurate information, even if the feature permits you to post a question anonymously or interact using a screen name. It is your responsibility to inform Provider of any changes to that information by emailing us via our contact page. Each registration is for your personal use only, unless specifically designated otherwise on the registration page. Provider does not permit (a) any other person using the registered sections under your name; or b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify our company immediately.
15. Errors and Corrections. Provider does not represent or warrant that the Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. Provider does not warrant or represent that the information available on or through the Web Site will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or content of the Web Site at any time.
16. Third-Party Content. Third-party content may appear on this Web Site or may be accessible via links from this Web Site. Provider shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Web Site. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it reflect the belief of Provider.
17. DISCLAIMER. THE WEB SITE IS PROVIDED ON AN “AS IS ” BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER AND/OR THIS COMPANY DISCLAIMS 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 SITE AND ITS 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 SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE.
18. LIMITATION OF LIABILITY AND DAMAGES. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEB SITE. PROVIDER 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 (A) THE USE OF OR INABILITY TO USE THE WEB SITE OR THE CONTENT; AND (B) YOUR PARTICIPATION IN A CHAT ROOMS, MESSAGE BOARDS OR EMAIL FORUMS. TO THE EXTENT THIS FULL LIMITATION ON LIABILITY IS PROHIBITED, PROVIDER’S SOLE OBLIGATION TO YOU FOR DAMAGES, IF ANY, SHALL BE LIMITED TO A COMBINED TOTAL OF ONE HUNDRED ($100.00) DOLLARS.
19. Unlawful Activity. Provider reserves the right to investigate complaints or reported violations of our Terms and Conditions 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 your profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
20. Indemnification. You are solely liable for any content, messages or other information you transmit, provide or upload to the Web Site. You agree to indemnify and hold harmless provider and our company from any third party claim, action, demand, loss, or damages (including attorney’s fees and costs) arising out of or relating to your violation of these Terms and Conditions of Use, your use of the Web Site, or your violation of any rights of a third party.
21. Remedies for Violations. Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use, including but not limited to the right to block access from a particular Internet address to any of the Provider’s Web Sites and their features.
22. Governing Law, Jurisdiction and Non-Waiver. Subject to the Mediation/ Arbitration Provision herein, these Terms and Conditions of Use are governed by and construed in accordance with the laws of the State of California and any action arising out of or relating to these terms shall be commenced or otherwise filed only in state court located in the venue known as Orange County, California and, you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. The failure of either party to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of these Terms and Conditions of Use.
23. Mediation/Arbitration Provision. Any dispute, claim or controversy arising out of or relating to this web site and/or this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the State of California before one arbitrator in the Orange County venue. At the option of the first to commence an arbitration, the arbitration shall be administered either by Judicate West or JAMS pursuant to their Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Prior to the appointment of the arbitrator, and within 10 days from the date of commencement of the arbitration, the parties shall submit the dispute to Judicate West or JAMS. The parties will cooperate with the selected facility and with one another in selecting a mediator from said facilities panel of neutrals, and in promptly scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any employee of the mediation service, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. If the dispute is not resolved within 30 days from the date of the submission of the dispute to mediation (or such later date as the parties may mutually agree in writing), the administration of the arbitration shall proceed forthwith.
The mediation may continue, if the parties so agree, after the appointment of the arbitrators. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. The pendency of the mediation shall not preclude a party from seeking provisional remedies in aid of the arbitration from a court of appropriate jurisdiction, and the parties agree not to defend against any application for provisional relief on the ground that a mediation is pending.
25. Severability of Provisions. These Terms and Conditions of Use incorporate by reference all notices and disclaimers contained on the Web Site and constitute the entire agreement between you and Provider with respect to access to and use of the Web Site. If any provision of these Terms and Conditions of Use is found unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
Your privacy is important to us. The bottom line is that your information WILL NOT be shared with any third parties. It will only be used by this company to provide you with a very high level of quality service.
To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our home page and at every point where personally identifiable information may be requested.
This notice applies to all information collected from or submitted to this web site collectively referred to here as “our Web site.” Other web sites under our management and control may operate under their own privacy notices. Our Web site may contain links to other Web sites operated by third parties. We are not responsible for the privacy practices or policies of such third-party Web sites.
The Information We Collect (if any)
Our Web site is not set up to automatically collect personally-identifiable information from visitors to our Web site. It does recognize the home server of visitors, but not e-mail addresses. For example, we can tell which Internet Service Provider our visitors use, but not the names, addresses or other information about our visitors that would allow us to identify the particular visitors to our Web site. The server information is used only for internal purposes by our technical support staff.
Our Web site may track certain non-personally-identifiable information about the visits to our Web site. For example, we compile aggregate statistics that show the numbers and frequency of visitors to our Web site and its individual pages. These aggregated statistics are used internally to improve our Web site and for product development and marketing purposes generally. The aggregated non-personal statistics may also be provided to advertisers and other third parties for certain purposes, but again, the statistics contain no personally-identifiable information and cannot be used to gather such information.
In a few areas on our Web site, we may ask you to provide personally-identifiable information that will enable us to verify whether you are entitled to access and use certain information, materials and services available from our Web site; to enable us to enhance your site visit; to assist you with customer service or technical support issues; to follow up with you after your visit; or to otherwise support your customer relationship with our company. Your providing of this information and participation in the areas that require it is completely optional. You may decide not to provide the information and not to visit or access the areas that require it.
For example, we may request such information from you when you:
1. Log-on to certain areas of our Web site that require your user name and password as a condition to gaining access to the information, materials or services in that area.
2. Register or sign-up to subscribe to a service.
3. Subscribe to a newsletter or ask to be added to our mailing lists for other products or services.
4. Place an order for a product or service.
5. Participate in a sweepstakes or other promotional offer.
6. Provide feedback in an online survey.
In each of the instances above, we typically ask for some or all of the following information: your name, e-mail address, phone number, mailing address, the type of business you are in, product preference information, any applicable identification number or password that we may require, as well as other similar information that is needed to register or subscribe you to services or offers. On occasion, we may ask for additional information to enable us to provide you with access to and use of certain other information, materials and services. In the case of mailed materials, you will be able to “unsubscribe” to these mailings at any time.
How We May Use Information
Your personal information, if used at all, will only be for specific purposes. The personal information you provide to us when using our Web site — such as your name, postal or e-mail address or telephone number — will be kept confidential and used to support your customer relationship with our company. It also may be used to notify you of special offers, updated information and new products and services from us, or offers from third parties that we think may be of interest to you. Agents or contractors who are given access to your personal information will be required to keep the information confidential and not use it for any other purpose than to carry out the services they are performing for us. We may merge your information collected at our Web site with similar data from third parties for purposes of marketing products or services to you. The ads, if any, which may appear on this Web site are delivered to you by us and various third party services. Information about your visit to this site, such as number of times you have viewed an ad (but not your name, address or other personal information), may be used to serve ads to you on this site. In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique ‘cookie’ on your browser.
Other unique circumstances may arise where we are required to disclose your personal information to third parties, such as in connection with a corporate divestiture or dissolution where all or a portion of our business or assets (including our associated customer lists containing your personal information) are sold, or if disclosure is required by law or is pertinent to judicial or governmental investigations or proceedings.
You can opt-out of receiving further marketing materials from our company at any time. We may send you information about our various products and services, or other products and services we feel may be of interest to you. Only our company (or agents or contractors working on behalf of our company and under confidentiality agreements) are authorized to send you these direct mailings. If you do not want to receive such mailings, you can tell us when you give us your personal information. Or, at any time, you can opt-out of receiving further marketing materials from our company by sending an email to our company as described in our contact page.
Our Web site may make chat rooms, forums, message boards and other interactive features available to you. Please remember that any information that is disclosed in these areas is not protected as confidential and becomes public information. You are solely responsible and should exercise caution when deciding to disclose any personal information in these areas.
Our Commitment To Data Security
To prevent unauthorized access to your personal information, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
How To Contact Us If you would like to contact us for any reason regarding our privacy practices, please write or e-mail us pursuant to our contact information found on our main contact page.
Materials available in this Web site are protected by copyright law.
Copyright © 2013, Trial Lawyer Tips Magazine and Jackson & Wilson, Inc., together with all subsidiary companies.
Unless otherwise specified in writing, no part of the materials including text, graphics or logos, available in this Web site may be copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, without specific permission from our company. Distribution for commercial purposes is prohibited.