Last Updated: March 31, 2016
These Terms are subject to change at any time, effective upon posting on the Site. Your use of the Site after such posting will constitute your acceptance of and agreement to such changes. Therefore, you should frequently review these Terms to see if they have been changed.
- Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Content “) that users see or read on the Site is protected by copyright, trademarks, service marks, Site marks, patents or other proprietary agreements and laws. You are only permitted to use Content as expressly authorized herein or in writing from the Law Office of Brenda A. Prackup, A Professional Corporation (the “Firm”) and/or the relevant right holder. Content is protected in all forms, media and technologies now known or hereinafter developed. Any use of such Content, other than as permitted therein, is expressly prohibited.
- DMCA Copyright Infringement Information
In accordance with the Digital Millennium Copyright Act, the Firm has adopted a policy to suspend or terminate the accounts of website owners found to be in violation of copyright. The Firms respect the intellectual property of others, and the Firm asks you to do the same. The Firm may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent (identified below) the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our agent for notice of claims of copyright infringement can be reached as follows:
By email: firstname.lastname@example.org.
- Prohibited Uses of the Site:
You may not:
- Use the Site for any purpose which is in violation of any law.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments.
- Send spam to the emails provided on the Site (unsolicited commercial emails, which includes chain emails, advertising solicitations and similar email solicitations).
- Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Site in any manner.
- Hack or interfere with the Site, its servers or any connected networks.
- Adapt, alter, license, sublicense or translate the Content on the Site for your own personal or commercial use.
- Use any copyrights, trademarks or proprietary marks and rights owned by the Firm, including without limitation, as metatags or hidden text.
These Terms are effective upon your access or use of the Site and shall continue in full force until terminated. The Firm reserves the right to modify or terminate these Terms or your access to the Site with or without notice to you at any time and for any reason. Sections 1, 2, 3, 5, 7, 8, 9, 10, 11, 12 and 13 of these Terms shall survive any termination of these Terms or your right to access the Site.
- Not Legal Advice/No Attorney-Client Relationship
The Site is intended to provide information to the public and is not legal advice of The Firm or any of its attorneys. Any opinions expressed on the Site are the opinions of the particular author and may not reflect the opinions of The Firm or any individual attorney. Although the Firm tries to ensure the accuracy of the Content of Site, laws are often changing, and the Firm cannot guarantee that all of the Content on the Site is complete, accurate, or current. You should not act or refrain from acting on the basis of any Content included on the Site without consulting an attorney licensed to practice in your jurisdiction. Neither the Site, nor any information or material you send to the Firm through the Site, is intended to create an attorney-client relationship. If you communicate with the Firm through the Site, your communication is not confidential, and may not be secure. If you are a current client of the Firm, please do not send confidential information to us through the Site.
- Attorney Advertising
The Site and the Content may be considered advertising in some jurisdictions. The Firm does not seek to represent any person or entity based upon that person’s or entity’s viewing the Site (or any portion of the Site) in any jurisdiction where the Site (or any portion of the Site) does not comply with all of the laws and ethical requirements of that jurisdiction. The Firm’s attorneys do not seek to practice law in jurisdictions where they are not properly authorized to practice. The bar memberships of our attorneys are listed in the About Us section of the Site.
- Third Party Links
Links (such as hyperlinks) from the Firm to other sites on the Web do not constitute the endorsement by the Firm of those sites or their content. Such links are provided as an information service, for reference and convenience only. The Firm does not control any such sites, and is not responsible for their content. The existence of links on the Site to such websites (including without limitation external links to websites as well as any advertisements displayed in connection therewith) does not mean that the Firm endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE FIRM 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, TITLE, NON-INFRINGEMENT, INTEGRATION, NON-INTERFERENCE WITH ENJOYMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. THE FIRM MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.
- Limitation of Liability
IN NO EVENT SHALL THE FIRM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, OR OTHERWISE RESULTING FROM: (1) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS, OR WEBSITES, (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (3) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (4) ANY OTHER MATTER RELATING TO THE SITE, EVEN IF THE FIRM WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless the Firm, its affiliates, shareholders, directors, officers, co-branders, subsidiaries, parents, employees and agents, from any claim, demand, liability, dispute, damage, cost, expense, or loss, including reasonable attorneys’ fees and costs of litigation, arising out of, or in any way connected with your use of or access to the Site, your use of the Content, your linking to the Site or your violation of these Terms.
- Dispute Resolution
Any dispute arising out of or in connection with these Terms or your use of any Content or this Site or your access to or links to this Site, shall be resolved by binding arbitration, administered in Orange, California. Except for punitive damages (which may not be awarded), any provisional or equitable remedy which would be available from a court of law shall be available from the arbitrators to parties. Any decision rendered shall be final and conclusive upon both parties and a judgment thereon may be enforced in any court having jurisdiction. All costs incurred in arbitrating a dispute shall be shared in proportion to the parties’ respective amounts of liability.
- Governing Law; Jurisdiction; Venue; Waiver Of Trial By Jury
These Terms shall be governed by and construed in accordance with the federal law of the United States and the state law of California, whichever is applicable, without regard to conflict of laws principles. You agree that any action relating to or arising out of these Terms shall be brought in the state or federal courts of Orange County, California, for any action (a) to compel arbitration, (b) to enforce the award of the arbitrators or (c) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional remedies.
You hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts of Orange County, California. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of these Terms. You further agree to accept service of process by certified mail, return receipt requested at the address designated by you. The prevailing party will be entitled to recover court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of these Terms.
- No Waiver
Failure by the Firm to enforce any provision(s) of these Terms will not be construed as a waiver of any provision or right. It will be governed by and construed in accordance with the governing law herein. These Terms constitute the entire agreement between you and the Firm with respect to the use of the Site. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. These Terms will inure to the benefit of the Firm, its successors and assigns
- No Third-Party Beneficiaries
Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
- Force Majeure
Neither party will be liable for any failure or delay in its performance under these Terms due to any cause beyond its reasonable control, including, but not limited to, acts of war, acts of terrorists, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, or failure of the Internet.
- Titles And Headings; Independent Covenants; Severability
The titles and headings of these Terms are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in these Terms shall be construed for all purposes to be a separate and independent covenant or agreement. If an arbitrator or court of competent jurisdiction holds any provision (or portion of a provision) of these Terms to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
- Limitation Of Actions Brought Against The Firm
You agree that any claim or cause of action arising out of your use of the Site or these Terms must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by the Firm to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.
- Contact Information
If you have any questions regarding these Terms or the Site, please contact:
Law Office of Brenda A. Prackup, A Professional Corporation
5 Upper Newport Plaza
Newport Beach, CA 92660
Phone: (949) 535-4553