Our websites provide information about the legal
services that we offer, provide general information and resources, and allow
you to contact us.
All references to “Firm,†“we,†“ us,â€
or “our†refer to Dog Bite Attorneys of California, and their affiliated and related entities. All references
to “ websites†include Firm websites that post a link to
this Terms of Use (“Termsâ€), including this website, our other
Firm-owned and/or operated websites that post these Terms, and websites that
post these Terms that are operated for the Firm by service providers under
agreement with the Firm.
Please read these Terms of Use carefully. They
are legally binding terms and conditions under which you may access and use the
websites. If you do not agree to abide by these Terms, do not use or access the
websites.
These Terms of Use govern your use of our websites, including, without limitation, both mobile and online versions of our websites. By using any one of our websites you accept, and consent to the collection and use of your data in accordance with, our
Privacy Policy. By using our websites, you further agree that we may change, alter, or modify the settings or configurations on your Device (defined in Paragraph 5(C) below) in order to allow for or optimize your use of the websites.
We reserve the right to terminate or limit your access to the websites for any violation of these Terms, or for any other reason, at our sole discretion.
1. Legal Notices and Disclaimers
(A) No Attorney-Client Relationship is
Created by Your Use of the Websites. No attorney-client relationship
between you and the Firm determine whether the matter is one for which we are
willing or able to accept. Each website includes a submission form through
which you can request that we contact you about our potentially representing
you, and each website includes a phone number that you can use to contact us.
In addition, please note that attorney ethical rules in certain of the states
where our attorneys are licensed require that we provide certain information,
so please review our Disclaimer for additional information.
is or may be created by your access to or use of the websites or any
information contained on them. Any information you submit via the websites will not be considered confidential and may be subject to applicable disclosure and reporting requirements, as required by law. The only way to become our client is through a mutual agreement in writing. If interested in asking us to represent you, please call us or otherwise contact us through one of our websites so we can
(B) If You are not a Client Pursuant to
a Written Engagement Letter, do not Submit Confidential or Sensitive
Information. If you submit information to us by email or otherwise
through one of our websites in connection with a matter for which we do not
presently represent you, you acknowledge that it will not be considered to be
confidential and consent to our sharing it with other law firms to determine
whether we will agree to represent you. We cannot represent you until we know
that doing so will not create a conflict-of-interest. Accordingly, please do
not send us any information about any matter that may involve you or the matter
until you and we enter into an engagement letter or other written agreement
stating that we agree to represent you. You recognize that any information
that you submit and our review of your information will not preclude any lawyer
in our Firm from representing a party directly adverse to you, in any matter where
that information is relevant, even if that information is highly confidential
and could be used against you and even if it is transmitted in a good faith
effort to retain us. We reserve the right to decline any representation, and
may be required to decline representation if it would create a conflict of
interest with our other clients.
(C) You Should Not Rely on the
Information Contained on the Websites. The information provided on the
websites is general in nature and does not apply to any particular factual,
legal, medical, financial, insurance, or other situation. As such, you should
not rely on any information on our websites, and should seek professional
advice as you determine appropriate. In particular, you should consult
personally and directly with:
·
an attorney to
understand what your legal rights may be in any particular situation;
·
appropriate medical,
health, counseling, or other professionals for any medical, health, counseling,
or other similar advice.
For example, if at times you submit an inquiry to a social worker, nurse, or
other professional through one of our websites, the response is for your
general information only and should not be relied on; and/or
·
appropriate financial or
insurance professionals for advice related to any financial matters, such as
related to any stocks or mutual funds, or insurance matters.
Any opinions expressed may not reflect the
opinions of the Firm or any individual attorney. Although we strive to keep the
content on the websites relevant and useful, laws are often changing, and we
cannot guarantee that all of the content is complete, accurate or current.
2. Third Party Sites; Dealings with Third
Parties
(A) Third-Party Content and Sites. The
websites, including User-Generated Content (defined below), may contain links
to third-party sites and ads (collectively, “Third-Party Sites â€)
that are not owned, controlled or operated by the Firm, including Third-Party
Sites operated by advertisers, licensors, licensees, and other third parties
such as our service providers or parties who have business relationships with
the Firm. The Firm may have no control over the content, operations, policies,
terms, or other elements of Third-Party Sites, and the Firm does not assume any
obligation to review any Third-Party Sites. The Firm does not endorse, approve,
or sponsor any Third-Party Sites, or any third-party content, advertising,
information, materials, products, services or other items. Furthermore, the
Firm is not responsible for the quality or delivery of the products or services
offered, accessed, obtained by or advertised at such Third-Party Sites. Any
activities you engage in in connection with any of the same are subject to the
privacy and other policies, terms and conditions of use and/or sale, and rules
issued by the operator of the Third-Party Sites.
(B) Dealings with Third Parties. Any
interactions, correspondence, transactions, and other dealings that you have
with any third parties found on or through the websites (including on or via
Third-Party Sites or advertisements) are solely between you and the third party
(including issues related to the content of third-party advertisements,
payments, delivery of goods, warranties (including product warranties), privacy
and data security, and the like).
3. User Accounts
You may be asked to create an account to access
some features of the websites, such as a discussion board. If you are under the
age of thirteen (13), then you are not permitted to register as a user or
otherwise use the websites or submit personal information to us.
If you register for any feature that requires a
password and/or username, then you will select your own password at the time of
registration (or we may send you an e-mail notification with a randomly
generated initial password) and you agree that you will:
i.
You will not use a
username (or e-mail address) that is already being used by someone else, may
impersonate another person, belongs to another person, violates the
intellectual property or other right of any person or entity, or is offensive.
We may reject the use of any password, username, or e-mail address for any
other reason in our sole discretion;
ii.
You will provide true,
accurate, current, and complete registration information about yourself in
connection with the registration process and maintain and update such
information continuously and promptly to keep it accurate, current, and
complete;
iii.
You are solely
responsible for all activities that occur under your account, password, and
username – whether or not you authorized the activity;
iv.
You are solely
responsible for maintaining the confidentiality of your password and for
restricting access to your Device so that others may not access any password
protected portion of the websites using your name, username, or password;
v.
You will immediately
notify us of any unauthorized use of your account, password, or username, or
any other breach of security; and
vi.
You will not sell,
transfer, or assign your account or any account rights.
We will not be liable for any loss or damage (of
any kind and under any legal theory) to you or any third party arising from
your inability or failure for any reason to comply with any of the foregoing
obligations.
4. Content You Submit and Community Usage Rules
(A) User Generated Content
i.
General. The Firm may now or in the future offer users
of the websites the opportunity to create, build, post, upload, display,
publish, distribute, transmit, broadcast, or otherwise make available on or
submit through the websites (collectively, “submitâ€) messages,
text, illustrations, files, images, articles, blogs, books, course materials,
graphics, photos, comments, responses, sounds, music, audio, videos,
information, content, ratings, reviews, data, questions, suggestions,
personally identifiable information, or other information or materials and the
ideas contained therein (collectively, “User-Generated Content â€).
Subject to the rights and license you grant in these Terms, you retain whatever
legally cognizable right,title, and interest that you have in your
User-Generated Content and you remain ultimately responsible for it.
ii.
Non-Confidentiality
of Your User-Generated Content. You agree that: (a) your User-Generated Content will be treated
as non-confidential – regardless of whether you mark them “confidential,â€
“proprietary,†or the like – and will not be returned, and (b) the Firm does
not assume any obligation of any kind to you or any third party with respect to
your User-Generated Content.
iii.
License
to the Firm of Your User-Generated Content. You hereby grant to the Firm, the non-exclusive, unrestricted,
unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free
right and license to use, copy, record, distribute, reproduce, disclose, sell,
re-sell, sublicense (through multiple levels), display, publicly perform,
transmit, publish, broadcast, translate, make derivative works of, and
otherwise use and exploit in any manner whatsoever, all or any portion of your
User-Generated Content (and derivative works thereof), for any purpose
whatsoever in all formats, on or through any means or medium now known or
hereafter developed, and with any technology or devices now known or hereafter
developed, and to advertise, market, and promote the same.
Without limitation, the granted rights include the right to: (a) configure,
host, index, cache, archive, store, digitize, compress, optimize, modify,
reformat, edit, adapt, summarize, publish in searchable format, and remove such
User-Generated Content and combine same with other materials; and (b) use any
ideas, concepts, know-how, or techniques contained in any User-Generated
Content for any purposes whatsoever, including developing, producing, and
marketing products and/or services.
In order to further effect the rights and license that you grant to the Firm to
your User-Generated Content, you also hereby grant to the Firm, and agree to
grant to the Firm, the unconditional, perpetual, irrevocable right to use and
exploit your name, persona, and likeness in connection with any User-Generated
Content, without any obligation or remuneration to you. Except as prohibited by
law, you hereby waive, and you agree to waive, any moral rights (including
attribution and integrity) that you may have in any User-Generated Content,
even if it is altered or changed in a manner not agreeable to you. To the
extent not waivable, you irrevocably agree not to exercise such rights (if any)
in a manner that interferes with any exercise of the granted rights. You
understand that you will not receive any fees, sums, consideration, or
remuneration for any of the rights granted in this Section 4(A)(iii).
iv.
The
Firm’s Exclusive Right to Manage our Websites. The Firm may, but will not have any obligation to, review,
monitor, display, post, store, maintain, accept, or otherwise make use of, any
of your User-Generated Content, and the Firm may, in its sole discretion,
reject, delete, move, re-format, remove or refuse to post or otherwise make use
of User-Generated Content without notice or any liability to you or any third
party in connection with our operation of User-Generated Content venues in an
appropriate manner. Without limitation, we may do so to address content that
comes to our attention that we believe is offensive, obscene, lewd, lascivious,
violent, harassing, threatening, abusive, illegal or otherwise objectionable or
inappropriate, or to enforce the rights of third parties or these Terms,
including without limitation, the content restrictions set forth below in the
Community Rules (defined in Section 4 (B)). Such User-Generated Content
submitted by you or others need not be maintained on the websites by us for any
period of time and you will not have the right, once submitted, to access,
archive, maintain, or otherwise use such User-Generated Content on the websites
or elsewhere.
v.
Representations
and Warranties Related to Your User-Generated Content. Each time you submit any User-Generated
Content, you represent and warrant that you are at least the age of majority in
the jurisdiction in which you reside and are the parent or legal guardian, or
have all proper consents from the parent or legal guardian, of any minor who is
depicted in or contributed to any User-Generated Content you submit, and that,
as to that User-Generated Content, (a) you are the sole author and owner of the
intellectual property and other rights to the User-Generated Content, or you
have a lawful right to submit the User-Generated Content and grant the Firm the
rights to it that you are granting by these Terms, all without any Firm
obligation to obtain consent of any third party and without creating any
obligation or liability of Firm; (b) the User-Generated Content is accurate;
(c) the User-Generated Content does not and, as to the Firm’s permitted uses
and exploitation set forth in these Terms, will not infringe any intellectual property
or other right of any third party; and (d)the User-Generated Content will not
violate these Terms (including the Community Rules), or cause injury or harm to
any person.
vi.
Enforcement. The Firm has no obligation to monitor or
enforce your intellectual property rights to your User-Generated Content, but
you grant us the right to protect and enforce our rights to your User-Generated
Content, including by bringing and controlling actions in your name and on your
behalf (at the Firm’s cost and expense, to which you hereby consent and
irrevocably appoint the Firm as your attorney-in-fact, with the power of
substitution and delegation, which appointment is coupled with an
interest).
(B) Community Rules. As a
user of the websites, these Community Rules (“Community Rulesâ€)
are here to help you understand the conduct that is expected of members of the
websites’ blogs, rating functionality and similar places where you can post
comments on the websites (collectively, “Communitiesâ€).
(i) Nature of Rules.Your
participation in the Communities is subject to all of the Terms, including
these Rules:
·
Your
User-Generated Content. All of your
User-Generated Content either must be original with you or you must have all
necessary rights in it from third parties in order to permit you to comply with
these Terms
·
No
Pictures, Videos, or Images of Anyone Other Than You and Your Friends and
Family. If you choose to
submit photos to the websites, link to embedded videos, or include other images
of real people, then make sure they are of you or of you and someone you know –
and only if you have their express permission to submit it.
·
Act
Appropriately. All of your activities
on the websites must be venue appropriate, as determined by us. Be respectful
of others’ opinions and comments so we can continue to build Communities for
everyone to enjoy. If you think your User-Generated Content might offend
someone or be embarrassing to someone, then chances are it probably will and it
doesn’t belong on the websites. Cursing, harassing, stalking, insulting
comments, personal attacks, gossip, and similar actions are prohibited. Your
User-Generated Content must not threaten, abuse, or harm others, and it must
not include any negative comments that are connected to race, national origin,
gender, sexual orientation, or physical handicap. Your User-Generated
Content must not be defamatory, slanderous, indecent, obscene, pornographic, or
sexually explicit.
·
Do
Not Use for Commercial or Political Purposes. Your User-Generated Content must not advertise or promote a
product or service or other commercial activity, or a politician, public
servant, or law.
·
Do
Not Use for Inappropriate Purposes. Your User-Generated Content must not promote any infringing,
illegal, or other similarly inappropriate activity.
·
Be
Honest and Do Not Misrepresent Yourself or Your User-Generated Content. Do not impersonate any other person, user, or
company, and do not submit User-Generated Content that you believe may be
false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents
your identity or affiliation with a person or company.
·
Others
Can See. We hope that you will
use the Communities to exchange information and content and have venue
appropriate discussions with other members. However, please remember that the
Communities are public or semi-public and User-Generated Content that you
submit on the Service within a Community may be accessible and viewable by
other users. Do not submit personally identifying information (e.g., first and
last name together, password, phone number, address, credit card number,
medical information, e-mail address, or other personally identifiable
information or contact information) on Community spaces and take care when
disclosing this type of information to others.
·
Don’t
Share Other Peoples’ Personal Information. Your User-Generated Content should not reveal another person’s
address, phone number, e-mail address, social security number, credit card
number, medical information, financial information, or any other information
that may be used to track, contact, or impersonate that individual, unless, and
in the form and by the method, specifically requested by the Firm.
·
Don’t
Damage the Websites or Anyone’s Computers or Other Devices. Your User-Generated Content must not submit viruses,
Trojan horses, spyware, or any other technologies or malicious code that could
impact the operation of the websites or any computer or other Device (as
defined in Paragraph 5(C) below).
If you submit User-Generated Content that the
Firm reasonably believes violates these Rules, then we may discontinue your
access to the websites without prior notice to you and take any legally
available action that we deem appropriate, in our sole discretion. However, we
are not obligated to take any action not required by law.
(ii) Your Interactions with Other Users;
Disputes. You are solely responsible for your interaction with other users
of the websites, whether online or offline. We are not responsible or liable
for the conduct or content of any user. We reserve the right, but have no
obligation, to monitor or become involved in disputes between you and other
users. Exercise common sense and your best judgment in your interactions with
others (e.g., when you submit any personal or other information) and in all of your
other online activities.
(C) Alerting Us of Violations.
If you discover any content that violates these Terms, then you may report it
to: info@lexconlaw.com. For alleged infringements of copyright, see
Section 11 below.
5. Content, Ownership, Limited License &
Limitations on Use and Rights of Others
(A) Content The websites
contain a variety of: (i) materials and other items relating to the Firm and
its products and services, and similar items from our licensors and other third
parties, including all layout, information, text, data, files, images, scripts,
designs, graphics, button icons, instructions, illustrations, photographs,
articles, books, audio clips, music, sounds, pictures, videos, advertising
copy, URLs, technology, software, interactive features, the “look and feel†of
the websites, and the compilation, assembly, and arrangement of the materials
of the websites and any and all copyrightable material (including source and
object code); (ii) trademarks, logos, trade names, service marks, and trade
identities of various parties, including those of the Firm (collectively, “Trademarksâ€);
and (iii) other forms of intellectual property (all of the foregoing,
collectively “Contentâ€).
(B) Ownership by the Firm The
websites (including past, present, and future versions) and the Content are
owned or controlled by the Firm and our licensors and certain other third
parties such as our affiliates. All right, title, and interest in and to the
Content available via the websites is the property of the Firm or our licensors
or certain other third parties, and is protected by U.S. and international
copyright, trademark, patent, or other intellectual property rights and laws to
the fullest extent possible. The Firm owns the copyright in the selection,
compilation, assembly, arrangement, and enhancement of the Content on the
websites. Except as expressly provided below, nothing contained herein should
be construed as conferring any license or right, by implication, estoppel or
otherwise, under copyright or other intellectual property rights.
(C) Limited License and Right to Use
the Websites and Content . Subject to your strict compliance with
these Terms, you are hereby granted a non-exclusive, revocable, non-assignable,
and non-transferable license to download (temporary storage only), display,
view, use, and/or play the Content (excluding source and object code in raw
form or otherwise, other than as made available to access and use to enable
display and functionality) on a personal computer, mobile phone or other
wireless device, or other Internet enabled device (each, a “Device")
(i) solely for your personal, informational, non-commercial purposes only, (ii)
on the terms herein, (iii) provided that you do not modify or alter the Content
in any way, and (iv) provided that you do not delete or change any copyright or
trademark notice. The foregoing limited license: (i) does not give you any
ownership of, or any other intellectual property interest in, any Content, and
(ii) may be immediately suspended or terminated for any reason, in the Firm’s
sole discretion, and without advance notice or liability. Except as
expressly provided herein, no part of the websites, including, but not limited
to, Content retrieved and the underlying code, may be reproduced, republished, copied,
transmitted, or distributed in any form or by any means.
(D) Rights of Others.
In using the websites, you must respect the intellectual property and other
rights of the Firm and others. Your unauthorized use of Content may violate
copyright, trademark, privacy, publicity, communications, and other laws, and
any such use may result in your personal liability, including potential
criminal liability. The Firm respects the intellectual property rights of
others. If you believe that your work has been infringed by means of an
improper posting or distribution of it via the websites, then please see
Section 11.
6. Restrictions on Use
(A) Use Restrictions for the Websites.
You agree that you will not: (i) reverse engineer, decompile, disassemble,
reverse assemble, or modify any websites’ source or object code or any software
or other products, websites, or processes accessible through any portion of the
websites; (v) engage in any activity that interferes with a user’s access to
the websites or the proper operation of the websites, or otherwise causes harm
to the websites, the Firm, or other users of the websites; (vi) interfere with
or circumvent any security feature of the websites or any feature that
restricts or enforces limitations on use of or access to the websites, the
Content, or the User-Generated Content; (vii) harvest or otherwise collect or
store any information (including personally identifiable information about
other users of the websites, including e-mail addresses, without the express
consent of such users); (viii) attempt to gain unauthorized access to the
websites, other computer systems or networks connected to the websites, through
password mining or any other means; or (ix) otherwise violate these Terms.
(B) Content Use Restrictions.
You also agree that, in using the websites: (i) you will not monitor, gather,
copy, or distribute the Content(except as may be a result of standard search
engine activity or use of a standard browser) on the websites by using any
robot, rover, “botâ€, spider, scraper, crawler, spyware, engine, device,
software, extraction tool, or any other automatic device, utility, or manual
process of any kind; (ii) you will not frame or utilize framing techniques to
enclose any such Content (including any images, text, or page layout); (iii)
you will keep intact all Trademark, copyright, and other intellectual property
notices contained in such Content; (iv) you will not use such Content in a
manner that suggests an unauthorized association with any of our or our
licensors’ products, websites, or brands; (v) you will not make any
modifications to such Content; and (vi) you will not insert any code or product
to manipulate such Content in any way that adversely affects any user
experience.
(C) Availability of Websites and
Content. The Firm may immediately suspend or terminate the availability
of the websites and Content (and any elements and features of them), in whole
or in part, for any reason, in the Firm’s sole discretion, and without advance
notice or liability.
(D) Reservation of All Rights Not
Granted as to the Content and Websites. These Terms include only
narrow, limited grants of rights to Content and to use and access the websites.
No right or license may be construed, under any legal theory, by implication,
estoppel, industry custom, or otherwise. All rights not expressly granted to
you are reserved by the firm and its licensors and other third parties. Any
unauthorized use of any Content or the websites for any purpose is prohibited.
7. Disclaimer of Representations and
Warranties
“Covered Parties†means the Firm
(including its parents, subsidiaries and affiliated and other related
entities), its listees, business partners, co-counsel, and other entities
participating in the websites, and its and their officers, directors, partners,
shareholders, principals, managers, members, employees, contractors, attorneys,
agents, successors and assigns.
YOUR ACCESS TO AND USE OF THE WEBSITES IS AT
YOUR SOLE RISK. THE WEBSITES ARE PROVIDED ON AN “AS IS,†“AS AVAILABLE†AND
“WITH ALL FAULTS†BASIS AND THE COVERED PARTIES EXPRESSLY DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF
INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET
ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
Some jurisdictions limit or do not allow the
disclaimer of implied or other warranties so the above disclaimers may not
apply to the extent such jurisdictions’ laws are applicable.
WITHOUT LIMITING THE GENERALITY OF OTHER TERMS
HEREIN, THE COVERED PARTIES ALSO DISCLAIM ALL WARRANTIES, RESPONSIBILITY AND
LIABILITY 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 THE WEBSITES, THE FUNCTIONS, FEATURES, OR ANY OTHER ELEMENTS ON,
OR MADE ACCESSIBLE THROUGH THE WEBSITES (AND THEIR CONTENT), INCLUDING, BUT NOT
LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; (B) USER-GENERATED
CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS THEREIN OR ANY
SECURITY ASSOCIATED WITH THE TRANSMISSION OF YOUR USER-GENERATED CONTENT TO OR
VIA THE WEBSITES; (C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY
ACCESSED THROUGH LINKS IN OUR WEBSITES, INCLUDING, BUT NOT LIMITED TO, ANY
ERRORS OR OMISSIONS THEREIN; (D) THE UNAVAILABILITY OF THE WEBSITES OR ANY
PORTION THEREOF; (E) YOUR USE OF THE WEBSITES; (F) ANY SOFTWARE YOU MAY
DOWNLOAD FROM OUR WEBSITES OR THIRD-PARTY SITES; (G) WHETHER THE WEBSITES OR
THE SERVERS THAT MAKE THE WEBSITES AVAILABLE ARE FREE FROM ANY HARMFUL
COMPONENTS (INCLUDING VIRUSES, TROJAN HORSES, AND OTHER TECHNOLOGIES THAT COULD
ADVERSELY IMPACT YOUR DEVICE); (H) WHETHER THE INFORMATION (INCLUDING ANY
INSTRUCTIONS) ON THE WEBSITES IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL,
TIMELY OR RELIABLE; (I) WHETHER YOUR ACCESS TO THE WEBSITES WILL BE
UNINTERRUPTED; (J) WHETHER THE WEBSITES WILL BE AVAILABLE AT ANY PARTICULAR
TIME OR LOCATION; (K) WHETHER YOUR USE OF THE WEBSITES IS LAWFUL IN ANY
PARTICULAR JURISDICTION; (L) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN
CONNECTION WITH THE WEBSITES; AND (M) ANY DATA SECURITY BREACH OR DISCLOSURE OF
ANY PERSONAL INFORMATION SUBMITTED AT THE WEBSITES.
Bloggers on behalf of the Firm may be
compensated. Some photos on the websites are of models and not of clients or
firm personnel and may be simulations of actual scenes. Services performed by
our Firm may be performed by lawyers other than those who are in such photos.
Any testimonials or endorsements contained on the websites do not constitute a
guarantee, warranty or prediction regarding the outcome of your legal matter.
8. LIMITATIONS OF OUR LIABILITY
UNDER NO CIRCUMSTANCES WILL ANY OF THE COVERED
PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including
injury to persons or property or death or for any direct, indirect, economic,
exemplary, special, punitive, incidental, or consequential losses or damages
that are directly or indirectly related to:
a.
the websites (including
the Content and the User-Generated Content), whether arising from alleged
negligence, breach of contract or defamation;
b.
your use of or inability
to use the websites, or the performance of the websites;
c.
any action taken in
connection with an investigation by the Covered Parties or law enforcement
authorities regarding your access to or use of the websites;
d.
any action taken in
connection with copyright or other intellectual property owners or other rights
owners;
e.
any errors or omissions
in the websites’ technical operation, including data security breaches or
disclosures of any personal information submitted at the websites; or
f.
any damage to any user’s
computer, hardware, software, modem, or other equipment or technology,
including damage from any security breach or from any virus, bugs, tampering,
fraud, error, omission, interruption, defect, delay in operation or
transmission, computer line, or network failure or any other technical or other
malfunction, including losses or damages in the form of lost profits, loss of
goodwill, loss of data, work stoppage, accuracy of results, or equipment
failure or malfunction.
The foregoing limitations of liability will
apply even if any of the foregoing events or circumstances were foreseeable and
even if the Covered Parties were advised of or should have known of the
possibility of such losses or damages, regardless of whether you bring an
action based in contract, negligence, strict liability, or tort (including
whether caused, in whole or in part, by negligence, acts of god,
telecommunications failure, or destruction of the websites).
Some jurisdictions do not allow the exclusion or
limitation of incidental or consequential damages of the sort that are
described above, so the above limitation or exclusion may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT WILL THE COVERED PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL
POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO
AND USE OF THE WEBSITES AND YOUR RIGHTS UNDER THESE TERMS, EXCEED $100.00;
PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE
JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.
9. Governing Law
These Terms are to be governed by and construed
in accord with the laws of the State of California, USA, without regard to
choice of law principles.
10. Dispute Resolution
Certain portions of this Section 10 are deemed
to be a “written agreement to arbitrate†pursuant to the Federal Arbitration
Act. You and the Firm agree that we intend that this Section 10 satisfies the
“writing†requirement of the Federal Arbitration Act. This Section 10 can only
be amended by mutual agreement.
(A) First – Try to Resolve Disputes.
If any controversy, allegation, or claim arises out of or relates to the
websites, the Content, your User-Generated Content, or these Terms, whether
heretofore or hereafter arising (collectively, “ Disputeâ€),
then you and we agree to send a written notice to the other providing a reasonable
description of the Dispute, along with a proposed resolution of it. Our notice
to you will be sent to you based on the most recent contact information that
you provide us. But if no such information exists or if such information is not
current, then we have no obligation under this Section 10(A). Your notice to us
must be sent to: Lexcon Law, 633 W. 5th Street, 28th
floor, Los Angeles, CA 90071, Attn: Legal Dept. For a period of sixty (60) days
from the date of receipt of notice from the other party, the Firm and you will
engage in a dialogue in order to attempt to resolve the Dispute, though nothing
will require either you or the Firm to resolve the Dispute on terms with
respect to which you and the Firm, in each of our sole discretion, are not comfortable.
(B) Alternative Dispute Resolution;
Forums. All Disputes which cannot be resolved amicably by the parties
shall be determined by final and binding arbitration administered by the
American Arbitration Association - AAA in accordance with its Commercial
Arbitration Rules based upon the following:
i.
The place of arbitration
shall be Los Angeles, California, and the language of arbitration shall be
English.
ii.
The number of
arbitrators shall be one (1), to be appointed by mutual agreement of the
parties. If the parties fail to agree on the appointment of the sole
arbitrator, a panel of three (3) arbitrators shall be formed. Each party shall
appoint one (1) arbitrator and such party-appointed arbitrator shall jointly
designate the presiding arbitrator. Unless otherwise agreed in writing by the
parties, one shall only be eligible for nomination as the presiding arbitrator
if he/she has extensive familiarity with the laws of the State of California
and has experience in the aviation industry.
iii.
The parties grant the
arbitrator(s) jurisdiction to rule on the arbitrability of the dispute and on
repose, statute of limitations or any other time-barrier raised by either party.
iv.
The arbitral award shall
indicate a time-limit for voluntary compliance by the defaulting party, and
shall set a daily fee and post-award interests to accrue thereafter against the
non-compliant party.
v.
Either party may seek
interim, conservatory, security and emergency measures of protection, and
injunctive relief in any court of competent jurisdiction in support of
arbitration (urgent relief). For the purposes of this provision, the parties
hereby consent to the non-exclusive jurisdiction of the United States District
Court for the District of California, USA or the State Superior Court, Los
Angeles County. THE PARTIES WAIVE THE RIGHT OF JURY TRIAL, IF APPLICABLE; AND
FURTHER WAIVE ANY RIGHT THAT IT MAY HAVE TO ASSERT THE DEFENSE OF FORUM
NON-CONVENIENS IN ANY SUCH SUIT IN SUPPORT OF ARBITRATION.
vi.
The costs, fees and
expenses (including without limitation expenses incurred with legal
representation and compensation of the arbitrator(s)) shall be apportioned
between the parties in accordance with prevailing party / defaulting party
ratio, and shall be reimbursed by the defaulting party to the prevailing party
after set off.
C) Federal and State Courts in Los
Angeles County, California. Except to the extent that arbitration is
required in Section 10(B), and except as to the enforcement of any arbitration
decision or award, any action or proceeding relating to any Dispute may only be
instituted in state or federal court in Los Angeles County, California.
Accordingly, you and the Firm consent to the exclusive personal jurisdiction
and venue of such courts for such matters.
(D) Injunctive Relief. The
provisions of Section 10(A) and 10(B) will not apply to any legal action taken
by the Firm to seek an injunction or other equitable relief in connection with,
any loss, cost, or damage (or any potential loss, cost, or damage) relating to
the websites, any Content, your User-Generated Content and/or the Firm’s
intellectual property rights (including such that we may claim that may be in
dispute), and/or the Firm’s operations.
11. Digital Millennium Copyright Act
Notification. If you are a copyright owner or an agent thereof and believe
that any Content at the websites, including any User Generated Content,
infringes upon your copyright, you may submit a written notification pursuant
to the Digital Millennium Copyright Act (“DMCAâ€) (see 17 U.S.C.
512(c)(3) for further information) by providing our Copyright Agent (listed
below) with the following information:
·
an electronic or
physical signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed
·
a description of the
copyrighted work claimed to have been infringed or if multiple copyrighted
works are covered by a notification, a representative list of such works at our
websites
·
a description of the
location on the websites of the allegedly infringing material(s); (iv) your
address, telephone number, and email address
·
a written statement that
you have a good faith belief that use of the material(s) in the manner complained
of is not authorized by the copyright owner, its agent, or the law; and
·
a written statement that
the information in the notification is accurate, and under penalty of perjury,
that you are authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed
The Firm’s designated Copyright Agent for notice
of claims of infringement is:
Copyright Agent
c/o General Counsel
Lexcon Law, APC
633 W. 5th Street, 28th floor
Los Angeles, CA 90071
Only notices of alleged copyright infringement
should go to the Copyright Agent; any other feedback, comments, requests for
technical support, and other communications should be directed to the Firm’s
customer service through our client services at: info@lexconlaw.com . You
acknowledge that if you fail to comply with all of the notice requirements of
the DMCA, your notice may not be valid.
Counter-Notification. If you believe that any
User Generated Content of yours that was removed is not infringing, or that you
have the appropriate rights from the copyright owner or third party, or
pursuant to the law, to post and use the material in your User Generated
Content, you may send a counter notification containing the following
information to the Copyright Agent:
·
your physical or
electronic signature
·
identification of the
material that has been removed or to which access has been disabled and the
location at which the material appeared before it was removed or disabled
·
a statement(under
penalty of perjury) that you have a good faith belief that the content was
removed or disabled as a result of mistake or a misidentification of the
material
·
your name, address,
telephone number, and e-mail address, along with a statement that you consent
to the jurisdiction of the federal court in Los Angeles, California and a
statement that you will accept service of process from the person who provided
notification of the alleged infringement
If a counter notification is received by the
Copyright Agent, the Firm may send a copy of such counter notification to the original
notifying party. The original notifying party shall have ten (10) business days
to file an action for copyright infringement and seek a court order against the
content provider or user posting such material. If no such infringement action
is filed within such 10 business days, we may, in our sole discretion,
reinstate the removed material or cease disabling such material.
In accordance with the DMCA and other applicable
law, the Firm may, in appropriate circumstances, terminate access, at the Firm’s
sole discretion, of any user that we find to be a repeat infringer of others
copyrights. The Firm may also, in its sole discretion, limit or fully terminate
access to the websites of any user infringing the intellectual property rights
of others, regardless of whether such user is a repeat offender or not.
12. Questions and Customer Service
If you have a question regarding using one of
our websites, you may contact our Client
Service Department at info@lexcon.com
13. Waiver of Injunctive or Other Equitable
Relief
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS,
DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE WEBSITES, THEN THE
LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE
YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT,
IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU
WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE
WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION,
CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY
OWNED, LICENSED, USED OR CONTROLLED BY THE FIRM (INCLUDING YOUR LICENSED
USER-GENERATED CONTENT) OR A LICENSOR OF THE FIRM.
14. Updates to Terms
These Terms, in the form posted at the time of
your use of the applicable websites to which it applies, shall govern such use.
AS OUR WEBSITES EVOLVE, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE
WEBSITES MAY BE MODIFIED AND WE MAY CEASE OFFERING THE WEBSITES UNDER THE TERMS
FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO
OR OTHERWISE USE THE WEBSITES YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON
THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU
OF OTHER TERMS BY POSTING THEM ON THE WEBSITES (OR IN ANY OTHER REASONABLE
MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE WEBSITES AFTER SUCH
NOTICE CONSTITUTES YOUR AGREEMENT TO THE CURRENT TERMS FOR YOUR NEW USE AND
TRANSACTIONS. Therefore, you should review the posted Terms of Use each time
you use the websites (at least prior to each transaction or submission).
Additional terms will be effective as to new use and transactions as of the
time that we post them, or such later date as may be specified in them or in
other notice to you. In the event any notice to you of new, revised or
additional terms is determined by a tribunal to be insufficient, the prior
agreement shall continue until sufficient notice to establish a new agreement
occurs.You should frequently check the home page which you agree is a
reasonable manner of providing you notice. You can reject any new, revised
or additional terms by discontinuing use of the websites and related services.
15. General Provisions
(A) The Firm’s Consent or Approval.
As to any provision in these Terms that grants the Firm a right of consent or
approval, or permits the Firm to exercise a right in its “sole discretion,†the
Firm may exercise that right in its sole and absolute discretion. Note that the
Firm’s consent or approval may be deemed to have been granted by the Firm
without being in writing and signed by an officer of the Firm.
(B) Indemnity. You agree to,
and you hereby, defend, indemnify, and hold the Covered Parties harmless from
and against any and all claims, damages, losses, costs, investigations,
liabilities, judgments, fines, penalties, settlements, interest, and expenses
(including attorneys’ fees) that directly or indirectly arise from or are
related to any claim, suit, action, demand, or proceeding made or brought
against any Covered Party, or on account of the investigation, defense, or
settlement thereof, arising out of or in connection with, whether occurring
heretofore or hereafter: (i) your User-Generated Content;(ii) your use of the
websites and your activities in connection with the websites; (iii) your breach
or alleged breach of these Terms; (iv) your violation or alleged violation of
any laws, rules, regulations, codes, statutes, ordinances, or orders of any
governmental or quasi-governmental authorities in connection with your use of
the websites or your activities in connection with the websites; (v)
information or material transmitted through your Device, even if not submitted
by you, that infringes, violates, or misappropriates any copyright, trademark,
trade secret, trade dress, patent, publicity, privacy, or other right of any
person or entity; (vi) any misrepresentation made by you; and (vii) the Covered
Parties’ use of the information that you submit to us (including your
User-Generated Content) (all of the foregoing, “Claims and Lossesâ€). You will
cooperate as fully required by the Covered Parties in the defense of any Claim
and Losses. Notwithstanding the foregoing, the Covered Parties retain the
exclusive right to settle, compromise, and pay any and all Claims and Losses.
The Covered Parties reserve the right to assume the exclusive defense and
control of any Claims and Losses. You will not settle any Claims and Losses
without, in each instance, the prior written consent of an officer of a Covered
Party. The indemnity does not apply to events arising directly from an
attorney-client relationship, if any, that may be entered between you and the
Firm on the terms described herein.
(C) Operation of Websites;
Availability of Products and Services; International Issues.The Firm
controls and operates the websites from its U.S.-based offices in the U.S.A.,
and the Firm makes no representation that the websites are appropriate or
available for use beyond the U.S.A. If you use the websites from other
locations, you are doing so on your own initiative and are responsible for
compliance with applicable local laws regarding your online conduct and
acceptable content, if and to the extent local laws apply.
(D) Severability;
Interpretation. If any provision of these Terms is for any reason
deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of
competent jurisdiction, then that provision will be deemed severable from these
Terms, and the invalidity of the provision will not affect the validity or
enforceability of the remainder of these Terms (which will remain in full force
and effect). To the extent permitted by applicable law, you agree to waive, and
you hereby waive, any applicable statutory and common law that may permit a
contract to be construed against its drafter. Wherever the word “including†is
used in these Terms, the word will be deemed to mean “including, without
limitationâ€. The summaries of provisions and section headings are provided for
convenience only and shall not limit the full Terms.
(E) Communications. When you
communicate with us electronically, such as via e-mail and text message, you
consent to receive communications from us electronically. Please note that we
are not obligated to respond to inquiries that we receive. You agree that all
agreements, notices, disclosures, and other communications that we provide to
you electronically satisfy any legal requirement that such communications be in
writing.
(F) Investigations; Cooperation with
Law Enforcement; Termination; Survival. The Firm reserves the right,
without any limitation, to: (i) investigate any suspected breaches of its
websites’ security or its information technology or other systems or networks,
(ii) investigate any suspected breaches of these Terms,(iii) investigate any
information obtained by the Firm in connection with reviewing law enforcement
databases or complying with criminal laws, (iv) involve and cooperate with law
enforcement authorities in investigating any of the foregoing matters, (v)
prosecute violators of these Terms, and (vi) discontinue the websites, in whole
or in part, or, except as may be expressly set forth in any additional terms,
suspend or terminate your access to it, in whole or in part, including any user
Accounts or registrations, at any time, without notice, for any reason and
without any obligation to you or any third party. Any suspension or termination
will not affect your obligations to the Firm under these Terms or any
Additional Terms. Upon suspension or termination of your access to the
websites, or upon notice from the Firm, all rights granted to you under these
Terms will cease immediately, and you agree that you will immediately
discontinue use of the websites. The provisions of these Terms, which by their
nature should survive your suspension or termination will survive, including
the rights and licenses you grant to the Firm in these Terms, as well as the
indemnities, releases, disclaimers, and limitations on liability and the
provisions regarding jurisdiction, choice of law, no class action, and
mandatory arbitration.
(G) Assignment. The
Firm may assign its rights and obligations under these Terms, in whole or in
part, to any party at any time without any notice. These Terms may not be
assigned by you, and you may not delegate your duties under them, without the
prior written consent of an officer of the Firm.
(H) No Waiver. Except as
expressly set forth in these Terms, (i) no failure or delay by you or the Firm in
exercising any of rights, powers, or remedies under will operate as a waiver of
that or any other right, power, or remedy, and (ii) no waiver or modification
of any term of these Terms will be effective unless in writing and signed by
the party against whom the waiver or modification is sought to be enforced.
Effective Date: These Terms were last revised on
April 19, 2014.