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Terms of Use
1. Need for Legal Advice. These articles and forms are to give the reader a general description of certain areas of the law. Legal advice from an attorney versed in local law is necessary to apply these legal concepts to your particular situation. The reader should obtain competent legal advice before relying entirely on these articles and most locales have a Bar Referral Service that will provide the name of competent local counsel. 2. Links to Other Websites. This Web site may contain links to Web sites operated by other parties. The linked sites are not under the control of Stimmel, Stimmel & Smith, P.C. and Stimmel, Stimmel & Smith, P.C. is not responsible for the content available on any other Internet sites linked to this Web site. Such links do not imply Stimmel, Stimmel & Smith, P.C.’s endorsement or express or implied warranty as to material on any other site and Stimmel, Stimmel & Smith, P.C. disclaims any and all liability with regard to your access to such linked Web sites. Stimmel, Stimmel & Smith, P.C. provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this Web site is at your own and sole risk. 3. Transfer of Content. While Stimmel, Stimmel & Smith, P.C. makes every effort to provide accurate and reliable information and forms, Stimmel, Stimmel & Smith, P.C. makes no representations or warranties with respect to the contents or use of this Web site. Further, Stimmel, Stimmel & Smith, P.C. reserves the right to revise this Web site and to make changes in its contents at any time, without obligation to notify any person or entity of such revisions or changes. Stimmel, Stimmel & Smith, P.C. authorizes you to view and download the information at this Web site (“Materials”) only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any commercial purpose; and 3) you must not transfer the Materials to any other person unless you give them written notice of, and they agree in writing to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Web Site as it may be updated from time to time. 4. Copyrights-All text, photos and other materials found on this web site are the copyrighted property of Stimmel, Stimmel & Smith, P.C. This excludes materials that have the written or verbal consent from its legal owner. Text, photo and other materials cannot be reproduced without prior written express consent from Stimmel, Stimmel & Smith, P.C. If you have any further questions or request for use of materials, please send your feedback/request to stimmelpc@stimmel-law.com. 5. NO WARRANTIES RE SITE; AS IS. YOU AGREE THAT OUR SITE AND ALL CONTENT, SERVICES AND FUNCTIONALITY (COLLECTIVELY, "COMPLETE SITE") ARE PROVIDED BY US OR ANY OF OUR EXISTING OR FUTURE AFFILIATES, SUPPLIERS OR AGENTS "AS IS" AND "WITH ALL FAULTS," AND THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. WE DO NOT MAKE ANY REPRESENTATIONS OR EXPRESS WARRANTIES. EXCEPT FOR DUTIES OF GOOD FAITH, WE DISCLAIM ALL WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE OR USE, OF RESULTS, AND OF ACCURACY, COMPLETENESS, PRIVACY OR SECURITY; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE FURTHER DISCLAIM ALL DUTIES TO YOU, IF ANY SUCH DUTIES EXIST, INCLUDING BUT NOT LIMITED TO REASONABLE CARE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE. IF A DUTY CANNOT BE DISCLAIMED, YOU AGREE THAT THE STANDARD USED TO MEASURE OUR PERFORMANCE OF THAT DUTY WILL BE INTENTIONAL MISCONDUCT. ALSO, THERE IS NO WARRANTY OF TITLE OR AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY ASPECT OF THE COMPLETE SITE, OR AGAINST INFRINGEMENT. YOU EXPRESSLY WAIVE ALL DUTIES, CONDITIONS AND ALL WARRANTIES THAT MIGHT EXIST BUT FOR THIS PARAGRAPH. 6. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES. TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE NOR ANY OF OUR EXISTING OR FUTURE AFFILIATES, SUPPLIERS OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR GENERAL DAMAGES THAT ARE SIMILAR TO THOSE, OR FOR DAMAGES FOR: LOST PROFITS, FOR LOSS OR IMPAIRMENT OF PRIVACY, SECURITY OR DATA, FOR FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, WORKMANLIKE EFFORT OR OF LACK OF NEGLIGENCE), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY BREACH OR OTHER ASPECT OF THE ENTIRE AGREEMENT (AS DEFINED BELOW) OR COMPLETE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION. 7. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY. YOU AGREE THAT YOUR SOLE, AGGREGATE REMEDY FOR ANY BREACH OF THE ENTIRE AGREEMENT (AS DEFINED BELOW) AND FOR ANY CAUSE OF ACTION OF ANY NATURE (INCLUDING WITHOUT LIMITATION, TORT) RELATING TO ANY ASPECT OF THE ENTIRE AGREEMENT OR THE COMPLETE SITE SHALL BE, AT OUR OPTION: (1) REPAIR, SUBSTITUTION, REPLACEMENT OR CORRECTION OF ALL OR PART OF THE CONTENT, ACT OR ITEM GIVING RISE TO DAMAGES INCURRED IN REASONABLE RELIANCE AND NOT EXCLUDED ABOVE; OR (2) THE AMOUNT OF DAMAGES NOT EXCLUDED ABOVE THAT YOU ACTUALLY INCUR IN REASONABLE RELIANCE, WHICH AMOUNT SHALL NOT EXCEED THE AMOUNT (IF ANY) YOU ACTUALLY PAID FOR THE CONTENT, ACT OR ITEM CAUSING SAID DAMAGES. THE DAMAGE EXCLUSIONS AND LIMITATION OF LIABILITY IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 8. Termination or Cancellation. Either we or you may end this agreement (the Terms) with or without cause or prior notice. You will still be liable for payment of any amounts due or other obligations incurred before this agreement ends, and if you use the Site after it ends, that use will be your new agreement to the Terms. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records. Our rights will survive termination of these Terms. Without canceling the agreement, we may suspend or block your access to the Site whenever it appears to us that you might be breaching these Terms or otherwise about to cause harm or damage to us or others. 9. Applicable Law and Exclusive Forum. This Site is controlled by us from our offices within the United States of America and is directed to U.S. users. If you choose to access this Site from locations outside the U.S., you do so at your own risk and are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations or the Entire Agreement (as defined below in Section 10 -- "Entire Agreement; Miscellaneous"). You agree that the Entire Agreement, all performances and all claims of every nature (including without limitation, contract, tort and strict liability) relating to any aspect of the Complete Site or any product or service obtained in any connection with it, shall be governed by the laws of the State of California, U.S.A. without regard to its conflict of law provisions and without regard to where performance is made and subject to binding arbitration as described herein. You also consent to jurisdiction in arbitration in San Francisco, California and a state or federal court sitting in San Francisco County, California, United States of America and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by California or federal law. 10. Entire Agreement; Miscellaneous. These Terms, including items incorporated into them and any (a) additional terms on the Site or otherwise provided by us for particular activities, and (b) disclosures provided by us and consents provided by you on the Site (collectively, "Entire Agreement"), constitute the entire agreement between us and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement. If any part of the Entire Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, then that part will be deemed superseded by an enforceable provision that most closely matches the intent of the original and honors the allocation of risks in these Terms and the remainder of the Terms will continue in effect. Our failure to act with respect to a breach does not waive our right to act as to subsequent or similar breaches, and time is of the essence of the Entire Agreement. There are no third party beneficiaries of any part of the Entire Agreement. 11. Further Information If you would like to receive our legal name and address by e-mail, you need to provide us your e-mail address by sending your request, in writing, to Our Address for Legal Notices, 155 Montgomery St, 12th Floor, San Francisco, CA 94104. If you have a complaint, you may contact us at Our Address for Legal Notices. If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Dept. of Consumer Affairs may be contacted at 400 R Street, Sacramento, CA 95814 or (800) 952-5210. 12. Notice of Copyright Agent Stimmel, Stimmel & Smith, P.C. respects the intellectual property rights of others and requests that you do the same. Anyone who believes that their work has been reproduced in the Site in a way constituting copyright infringement may provide a notice to the designated Copyright Agent for the Site containing the following:
Copyright infringement claims and notices (but not other notices) should be sent to the attention of Lee D. Stimmel, Esq. in the following manner:
13. Notice of Availability of Filtering Software We do not believe that the Site contains materials that would typically be the subject of filtering software. Nevertheless, all users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies). 14. Notice: No Harvesting or Dictionary Attacks Allowed WE WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY US TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED AS APPROPRIATE BY OUR PERSONNEL OR POLICIES. EXCEPT FOR PARTIES AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY US, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO OUR COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. "CAN-SPAM ACT OF 2003") THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OF SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED. 15. Notice About Trademarks The Stimmel, Stimmel & Smith, P.C. site, www.stimmel-law.com, and logos are just a few of the registered trademarks of Stimmel, Stimmel & Smith, P.C. There are many other Stimmel, Stimmel & Smith, P.C. trademarks, forms, and logos on the Site, and also many marks, names and logos owned by third parties – and all of that is the property of the respective owner. You may not use any of the trademarks displayed on this Site or any Content. All rights are reserved. 16. Attribution of Electronic Acts to You; Passwords. Several Site activities require passwords (e.g., if you establish one to create "Your Account"). You agree that if your password is used on the Site, we may attribute all use to you and you will be legally bound by it even if the person using your password had no actual authority or failed to correct an error. You agree to protect your password as confidential information and to prohibit anyone you share it with from disclosing it to anyone not authorized by you. We recommend that you not share your password, but if you do, you agree to save, defend, indemnify and hold us harmless from and against any use claimed to be unauthorized. 17. Our Accuracy Caution; Your Responsibility to Get the Information You Need. From time to time there might be information on the Site that is outdated or contains errors, inaccuracies, or omissions (collectively, "Inaccuracy"), including but not limited to forms, advice, descriptions of events, locations, products and services or other information. We reserve the right to correct any Inaccuracy. We apologize for any inconvenience this may cause you. 18. Our Ownership of Content; Stimmel, Stimmel & Smith, P.C.; All Rights Reserved. All Content on or relating to the Site is the property of Stimmel, Stimmel & Smith, P.C. or its affiliates, licensors or suppliers and is protected by U.S. and international copyright, patent, trademark, trade dress and/or other intellectual property or additional laws, by this contract or notices, and by robot exclusion headers and other technological measures. No Content may be copied, distributed, republished, uploaded, posted or transmitted in any way except pursuant to the express provisions of these Terms and any supplemental terms provided with the Content, or with our prior explicit consent in a separate record; all rights not expressly granted to you are reserved. Modification or use of Content for any other purpose may violate intellectual property rights, and no title to copies or to intellectual property rights are transferred to you – all title and rights remain with us. Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purposes of (1) obtaining a copy of these Terms and any other contract or disclosure that we are required to provide to you or that is part of our transaction with you, and (2) using this Site for information input or for ordering goods or services subject to these Terms. As used herein, "Content" means (without limitation) all information, data, text, design, graphics, pictures, images, music, sound files, animation, video, interfaces, icons, software code, and the selection and arrangement of any or all of the foregoing appearing or included from time to time on or in the Site. Some content is also subject to further terms and conditions provided in connection with the particular Content. 19. Submission of Your Material. Any communication or material you transmit to the site by electronic mail or otherwise, including data, questions, comments, suggestions, or the like, is, and may be treated as, non-confidential and nonproprietary. Anything you transmit or post becomes the property of Stimmel, Stimmel & Smith, P.C. and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Stimmel, Stimmel & Smith, P.C. is free to use any ideas, concepts, know-how, or techniques in any communication that you send to the site, for any purpose whatsoever, including, but not limited to, developing, producing, and services and forms. |
