Terms & Conditions

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,” â€œ us,” 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 (“Terms”), 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, “submit”) 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,”


“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 Rules”)


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, “Communities”).

(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, “Trademarks”);


and (iii) other forms of intellectual property (all of the foregoing,


collectively “Content”).

(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, “bot”, 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, “ Dispute”),


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. 5^th Street, 28^th


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 (“DMCA”) (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. 5^th Street, 28^th 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 Losses”). 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


limitation”. 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.