California Counsel Group: Terms
Last Updated: May 17, 2017
IMPORTANT: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING THIS WEBSITE OR THE WEBSITE MATERIALS.
1. Acceptance of these Terms of Use.
a. These Terms of Use, along with all other agreements, disclaimers and disclosures displayed on this Website (these “Terms”) create a binding legal agreement between you and California Counsel Group, Inc. (“California Counsel Group,” “us” or “we”), and govern the terms and conditions that apply to your access and use of this website and any content, functionality and services offered on or through this website (located at www.calcounselgroup.com, this “Website”), whether as a guest or a registered user. These Terms also govern: (i) the information made available or enabled via this Website; (ii) the nature of the relationship between you and California Counsel Group; (iii) certain other matters of professional responsibility; and (iv) your access and use of this Website, the Website Materials (as defined below) and the related systems.
b. BY (I) ACCESSING OR USING THIS WEBSITE OR THE WEBSITE MATERIALS IN ANY WAY, INCLUDING USING THE DATA, TEXT, REPORTS, TEMPLATES, MODELS, RESOURCES, AGREEMENTS, FORMS (AS DEFINED BELOW) AND ANY OTHER MATERIALS MADE AVAILABLE OR ENABLED VIA THIS WEBSITE (COLLECTIVELY, THE “WEBSITE MATERIALS”), (II) CLICKING TO ACCEPT OR AGREE TO THESE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, AND/OR (III) BROWSING THIS WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE WEBSITE MATERIALS.
c. This Website and the Website Materials are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By accessing or using this Website and/or the Website Materials, you represent and warrant that (i) you are of legal age to form a binding contract with California Counsel Group and (ii) you meet all of the foregoing eligibility requirements. If you do not meet all of the foregoing eligibility requirements, then you must not access or use this Website or the Website Materials.
2. Changes to these Terms.
a. THESE TERMS ARE SUBJECT TO CHANGE BY CALIFORNIA COUNSEL GROUP at any time and for any reason, without notice and in our sole discretion.
b. California Counsel Group may change, update or modify this Website, the Website Materials and these Terms at any time and for any reason, without notice and in our sole discretion. All such changes, updates or modifications are effective immediately when we post them, and apply to all access to and use of this Website and the Website Materials thereafter. Your continued use of this Website and/or the Website Materials following the posting of any changes, updates or modifications means that you acknowledge, accept and agree to such changes, updates or modifications. You are expected to check this page from time to time, so that you are aware of any changes, updates or modifications, as they are binding on you; and, if at any time you find that these Terms are unacceptable, then you must immediately leave this Website and cease use of this Website and the Website Materials.
3. Notice Concerning Children. This Website is a general audience website, and we do not direct any of our content specifically at children who are under thirteen (13) years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a user of this Website or the Website Materials is under the age of thirteen (13), then we will promptly delete any personal information in such user’s profile.
4. No Legal, Tax or Accounting Advice.
a. The information contained in this Website and in the Website Materials is made available for general informational purposes only, and is not intended to constitute specific legal, tax and/or accounting advice or to be a substitute for advice from qualified legal counsel or other tax or accounting professionals. Certain portions of this Website and/or the Website Materials may function like an online portal that provides users with legal information and access to certain self-help, “fill in the blank” forms or other resources (collectively, the “Forms”).
b. Without limiting the foregoing, the information contained in this Website and in the Website Materials, including, without limitation, the Forms, may not reflect the most current legal, tax or accounting developments. Accordingly, the information contained in this Website and in the Website Materials, including, without limitation, the Forms, is not promised or guaranteed to be correct, accurate or complete, and it may not be accurate in, or applicable to, your jurisdiction. Because the information is general in nature, it may not pertain to your specific circumstances, and you should not act or refrain from acting based on any of the information provided in this Website or in the Website Materials, including, without limitation, the Forms, without first obtaining advice from professional counsel qualified in the applicable subject matter and jurisdictions. California Counsel Group expressly disclaims any and all liability in respect to actions taken or not taken based on any or all of the contents of this Website or the Website Materials, including, without limitation, the Forms.
c. Any opinions expressed on this Website or in the Website Materials are in the opinions of the particular author and may not reflect the opinions of California Counsel Group or any individual attorney.
5. No Attorney-Client Relationship. California Counsel Group accepts clients only in accordance with certain formal procedures, and renders legal advice only after completion of those procedures. Such procedures include, among other things, executing an engagement letter and addressing professional responsibility conflicts as required by the California Bar Association. You agree that your (i) access to this Website and the Website Materials (including the Forms), (ii) use of this Website and the Website Materials (including the Forms), (iii) receipt of the information contained on this Website and in the Website Materials (including the Forms), (iv) transmission of electronic mail to addresses found on this Website, and (v) transmission of communications from any contact form, chat functionality, survey or comment box found on this Website, do not create any attorney-client relationship between you and California Counsel Group. You shall not send to us any confidential information in connection with your use of this Website or the Website Materials. Any responses from California Counsel Group, this Website or the Website Materials shall not create any attorney-client relationship between you and California Counsel Group, and whatever you disclose to us through electronic mail, this Website or the Website Materials will not be privileged or confidential unless we have agreed to act as your legal counsel and you have executed an engagement letter with us.
6. Other Matters of Professional Responsibility.
a. No Advertising or Solicitation. This Website and the Website Materials are not intended to be an advertisement or solicitation, but they may be deemed an advertisement in certain jurisdictions. Prior results do not guarantee a similar outcome. Each representation has unique facts and circumstances that may impact results.
b. Sensitive Communications. You understand, acknowledge and agree that electronic mail or other electronic messages or communications sent by you to California Counsel Group will not be treated as confidential or invoke any attorney-client privilege; provided, however, that, if you are an existing client of California Counsel Group and you send electronic mail or other electronic messages or communications to California Counsel Group pertaining to a matter in which California Counsel Group then represents you, then such electronic mail or other electronic messages or communications, as applicable, may be entitled to be treated as confidential or privileged. Notwithstanding the foregoing, you understand, acknowledge and agree that electronic mail, other electronic messages and communications and the Internet are generally insecure media of communication, and California Counsel Group cannot guarantee the confidentiality or security of any electronic mail or other electronic messages or communications sent to or received by California Counsel Group, or of any information submitted by you to California Counsel Group through this Website or the Website Materials.
c. Authorized Jurisdictions. California Counsel Group does not seek to represent anyone desiring representation based upon accessing or using this Website or the Website Materials in a jurisdiction where this Website or the Website Materials fail to comply with applicable laws and ethical rules of such jurisdiction. In addition, our attorneys do not seek to practice law in any jurisdiction in which they are not properly authorized to do so.
d. Principal Office; Responsible Attorney. To the extent that the requirements of the Bar Association in your jurisdiction require such designation, California Counsel Group’s principal office is located in San Diego, California. California Counsel Group’s responsible attorney for this Website and the Website Materials is Carlos D. Heredia.
e. No Warranty of Results. This Website and the Website Materials may contain descriptions of matters in which California Counsel Group successfully represented its clients. The results of these matters were dependent on their specific circumstances, and in no way are intended to be predictive of future results, even in similar circumstances, or offer any type of guarantee or assurance of any outcome. Information pertaining to California Counsel Group’s clients may not reflect the opinions of such clients.
7. Privacy Policy. California Counsel Group respects your privacy and, to the extent practicable, permits you to control the treatment of your personal information. A complete statement of California Counsel Group’s current Privacy Policy can be found at www.calcounselgroup.com/privacy. California Counsel Group’s Privacy Policy is expressly incorporated into these Terms by this reference.
8. Use of Website Materials and Forms.
a. You understand, acknowledge and agree that (i) downloading, accessing and/or using any Form is neither legal, tax or accounting advice nor does it constitute the practice of law, and (ii) each Form, including any applicable instruction or guidance, is not customized to your particular needs or situation.
b. Subject to your compliance with these Terms, California Counsel Group grants to you a limited, personal, non-exclusive, non-transferrable, non-sublicensable, revocable license to use the Forms for your own personal and internal business purposes only, and not for any commercial or other purpose. California Counsel Group reserves the right to revoke the foregoing license at any time and for any reason without notice. You understand, acknowledge and agree that, upon California Counsel Group’s revocation of such license, you shall (i) immediately cease use of the Forms and (ii) upon California Counsel Group’s request, destroy all copies of the Forms and certify in writing to California Counsel Group that such Forms have been destroyed.
c. Except as otherwise provided and to the extent permitted under applicable law, you understand, acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use in accordance with the guidelines and instructions for such Forms. You shall not remove any copyright notice from any Form. By downloading, accessing and/or using any Form, you understand, acknowledge and agree that such Form may only be used by you for your personal and internal business use and shall not be sold or redistributed without the prior express written consent of California Counsel Group.
9. Limited Permission to Download. California Counsel Group hereby grants to you permission to download, view, copy and print applicable Website Materials solely for your personal, informational, non-commercial use, provided that: (a) where provided, the copyright and trademark notices appearing on any Website Materials shall not be altered or removed; (b) the Website Materials are not used on any other website or in a networked computer environment; and (c) the Website Materials are not modified in any way, except for authorized editing or downloadable Forms for personal use. The foregoing permission shall automatically terminate without notice if you breach any of these Terms. You understand, acknowledge and agree that: (i) any unauthorized use of this Website or the Website Materials may violate copyright, trademark and privacy laws and publicity and communications regulations and statutes; and (ii) California Counsel Group does not grant to you any right or license in or to its trademarks, logos, service marks or any other intellectual property of California Counsel Group, and expressly reserves all right, title and interest in and to its trademarks, logos, service marks and any other intellectual property.
10. Accessing this Website and Account Security.
a. California Counsel Group reserves the right to withdraw or amend this Website, the Website Materials and any service or material that we provide on or through this Website or the Website Materials, at any time and for any reason, without notice and in our sole discretion. California Counsel Group shall not be liable for any reason if all or any part of this Website or the Website Materials is unavailable at any time or for any period. Form time to time, we may restrict access to some or all of this Website and/or the Website Materials.
b. You understand, acknowledge and agree that you are solely responsible for: (i) making all arrangements necessary for you to have access to this Website and the Website Materials; and (ii) ensuring that all persons who access this Website or the Website Materials through your Internet connection are aware of, agree to and comply with these Terms.
c. To access this Website and/or the Website Materials, you may be asked to provide certain registration details or other information. It is a condition of your use of this Website and the Website Materials that all information that you provide on or through this Website and the Website Materials is correct, current and complete. You agree that all information that you provide to register with this Website and the Website Materials or otherwise, including, but not limited to, through the use of any interactive features on this Website or the Website Materials, is governed by our Privacy Policy, and you consent to all actions that we take with respect to your information consistent with our Privacy Policy.
d. If you choose, or are provided with, a user name, password, account information or any other piece of information as part of our security procedures, then you must treat all such information as confidential, and you must not disclose it to any other person or entity. You also understand, acknowledge and agree that your account is personal to you and you shall not provide any other person with access to this Website or the Website Materials or to portions of this Website or the Website Materials using your user name, password or other account or security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You agree to use particular caution when accessing your account from a public or shared computer, so that others are not able to view or record your password or other personal information.
e. California Counsel Group reserves the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time and for any reason, without notice and in our sole discretion, including if, in our opinion, you have violated any provision of these Terms.
f. California Counsel Group shall not be liable for any loss that you incur as a result of someone else using your user name, password or other personal or account information, either with or without your knowledge. You may be held liable for any losses incurred by California Counsel Group, its affiliates, partners, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your user name, password or other personal or account information.
11. California Counsel Group’s Proprietary Rights.
a. You understand, acknowledge and agree that this Website and the Website Materials (including, without limitation, the entire contents, features and functionality, and all information, software, test, displays, images, video and audio, and the design, selection and arrangement thereof), are and shall remain the sole and exclusive property of California Counsel Group and/or its licensors, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, as applicable.
b. Except as expressly authorized herein or in advance by California Counsel Group, you shall not reproduce, distribute, modify, create derivative works of, display, publicly perform, republish, download, store or transmit any of the copy of this Website or the Website Materials, except as follows: (i) your computer may temporarily store copies of this Website or the Website Materials in RAM incidental to your accessing and viewing this Website or the Website Materials; (ii) you may store files that are automatically cached by your Web browser for display enhancement purposes; (iii) you may print one (1) copy of a reasonable number of pages of this Website or the Website Materials for your own personal, non-commercial use and not for further reproduction, publication or distribution; and (iv) if we provide social media features with certain content, then you may take such actions as are enabled by such features.
c. You shall not, without California Counsel Group’s express written permission: (i) modify copies of any materials from the Website or the Website Materials; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website or the Website Materials; or (iv) access or use for any commercial purposes any part of this Website or the Website Materials or any services or materials available through this Website, including without limitation, the Forms.
d. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of this Website or the Website Materials in breach of these Terms, then your right to use the Website and the Website Materials (including, without limitation, the Forms) shall cease immediately and you shall, at our option, promptly return or destroy any copies of the materials that you have made. No right, title or interest in or to this Website, the Website Materials or any content on this Website or in the Website Materials is transferred to you, and all rights not expressly granted herein are reserved by California Counsel Group. Any use of this Website or the Website Materials not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
12. Trademarks. Trade names, trademarks, service marks, logos, product and service names, designs and slogans of California Counsel Group or its affiliates include, without limitation, “California Counsel Group,” “CCG,” “calcounselgroup.com” and any associated logos. All trade names, trademarks and service marks on this Website that are not owned by California Counsel Group or its affiliates are the property of their respective owners. The trade names, trademarks and service marks owned by California Counsel Group or its affiliates, whether registered or unregistered, may not be used in connection with any product or service that is not a product or service of California Counsel Group or one of its affiliates, or in any other manner that is likely to cause confusion or dilution. Nothing on this Website or in the Website Materials should be construed as granting, by implication, estoppel or otherwise, any right or license to use any trade names, trademarks or service marks of California Counsel Group or its affiliates without prior express written permission of California Counsel Group or its relevant affiliates.
13. Prohibited Uses.
a. You may use this Website and the Website Materials only for lawful purposes and in accordance with these Terms. You understand, acknowledge and agree that you shall not use this Website or the Website Materials: (a) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries); (b) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (c) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set forth in these Terms; (d) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; (e) to impersonate or attempt to impersonate California Counsel Group, or any of its affiliates, employees, directors, officers, agents or representatives, another user or any other person or entity (including, without limitation, by using e-mail addresses, accounts or screen names associated with any of the foregoing); (f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this Website or the Website Materials, or which, as determined by us, may harm California Counsel Group, its affiliates or users of this Website or the Website Materials or expose any of the foregoing to liability.
b. You understand, acknowledge and agree that you shall not: (i) use this Website or the Website Materials in any manner that could disable, overburden, damage, or impair this Website or the Website Materials or interfere with any other party’s use of this Website or the Website Materials, including, without limitation, the ability to engage in real time activities through this Website or the Website Materials; (ii) use any robot, spider or other automatic device, process or means to access this Website or the Website Materials for any purpose, including monitoring or copying any of the material on this Website or in the Website Materials; (iii) use any manual or other process to monitor or copy any of the material on this Website or in the Website Materials or for any other unauthorized purpose without our prior written consent; (iv) use any device, software or routine that interferes with the proper working of this Website or the Website Materials; (v) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (vi) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of this Website or the Website Materials, the server on which this Website or the Website Materials are stored, or any server, computer or database connected to this Website or the Website Materials; (vii) attack this Website or the Website Materials via a denial-of-service attack or a distributed denial-of-service attack; (viii) attempt to probe, scan or test the vulnerability of this Website or the Website Materials or any associated system or network, or to breach security or authentication measures without proper authorization; (ix) forging any TCP/IP packet header or any part of the header information in any electronic mail or in any posting using this Website or the Website Materials; or (x) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to human-perceivable form any of the source code used by California Counsel Group in providing this Website or the Website Materials.
14. Reliance of Information Posted.
a. The information presented on or through this Website or the Website Materials (including, without limitation, the Forms) is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of such information. Any reliance that you place on such information is strictly at your own risk. We disclaim any and all liability and responsibility arising from any reliance placed on such information by you or any other visitor or user of this Website or the Website Materials, or by anyone who may be informed of any of the contents of this Website or the Website Materials.
b. This Website and/or the Website Materials may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in such content and materials, and all articles and responses to questions and other content, other than the content provided by California Counsel Group, are solely the opinions and the responsibility of the person or entity providing such content and materials. Such content and materials do not necessarily reflect the opinion of California Counsel Group. We are not responsible, or liable to you or any third party, for the content or accuracy of any content or materials provided by any third parties.
c. You understand, acknowledge and agree that we may update from time to time the content on this Website and in the Website Materials, but such content is not necessarily complete or up-to-date. Any of the content on this Website or in the Website Materials may be out of date at any given time, and we are under no obligation to update such content.
15. Online Purchases and Other Terms and Conditions.
a. All purchases and payments through this Website or other transactions for the sale of goods or services through this Website are governed by any applicable Terms of Sale, which may be available to you at the time of purchase or payment, and which are hereby incorporated into these Terms.
b. Additional terms and conditions also may apply to specific portions, services or features of this Website and/or the Website Materials. All such additional terms and conditions are hereby incorporated by this reference into these Terms.
16. Linking and Social Media Features
a. You may link to our homepage, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
b. This Website and the Website Materials may provide certain social media features that enable you to: (i) link from your own or certain third-party websites to certain content on this Website or the Website Materials; (ii) send electronic mail or other electronic communications with certain content, or links to certain content, on this Website or in the Website Materials; or (iii) cause limited portions of the content on this Website or in the Website Materials to be displayed or appear to be displayed on your own or certain third-party websites. You may use such features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with these Terms and any additional terms and conditions that we provide with respect to such features.
c. Subject to the foregoing, you shall not: (i) establish a link from any website that is not owned by you; (ii) cause this Website or the Website Materials or any portions of this Website or the Website Materials to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; (iii) link to any part of this Website or the Website Materials, other than the homepage or as otherwise expressly permitted by us; or (iv) otherwise take any action with respect to the materials on this Website or in the Website Materials which is inconsistent with any other provision of these Terms.
d. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw the linking permission under this Section 16 at any time and for any reason, without notice and in our sole discretion. We may disable all or any social media features and any links at any time and for any reason, without notice and in our sole discretion.
e. If this Website or the Website Materials contain links to other sites and resources provided by third parties, then such links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website or the Website Materials, then you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
17. Geographic Restrictions. The owner of this Website and the Website Materials is based in the State of California in the United States. We provide this Website and the Website Materials for use only by persons located in the United States. We make no claims that the Website or the Website Materials or any content of this Website or the Website Materials is accessible or appropriate outside of the United States. Access to this Website or the Website Materials may not be legal by certain persons or in certain countries. If you access this Website or the Website Materials from outside the United States, then you do so on your own initiative and risk and you are solely responsible for compliance with all local laws, rules and regulations.
18. User Content.
a. This Website and the Website Materials may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, comment sections and other interactive features (collectively, “Interactive Services”), which allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content, information, contributions or materials (collectively, “User Content”), on or through this Website or the Website Materials. All User Content shall comply with the content standards set forth in these Terms.
b. Any User Content that you post to or through this Website or the Website Materials will be considered non-confidential and non-proprietary, except client information in accordance with these Terms. By posting any User Content on this Website or the Website Materials, you grant to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, the irrevocable right to use, copy, publish, transmit, edit, translate, reformat, reproduce, modify, perform, display, create derivative works of, distribute and otherwise disclose to third parties any such User Content for any purpose and via any media in accordance with our Privacy Policy, and you waive any moral rights that you may have in such User Content. Subject to our Privacy Policy, California Counsel Group shall be free to use all User Content, including any ideas, concepts, know-how or techniques contained in such User Content, for any reason whatsoever. You will not be compensated for any User Content. You understand, acknowledge and agree that California Counsel Group may publish or otherwise disclose your name in connection with your User Content. By posting such User Content on this Website or the Website Materials, you warrant and represent that you own the rights to such User Content, or are otherwise authorized to post such User Content.
c. You further represent and warrant that: (i) you own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and (ii) all of your User Content do and will comply with these Terms, including, without limitation, all content standards set forth herein. You understand, acknowledge and agree that you are responsible for any User Content that you submit or contribute, and you, not California Counsel Group, shall have full responsibility for such User Content, including its legality, reliability, accuracy and appropriateness.
d. California Counsel Group shall not be responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of this Website or the Website Materials. California Counsel Group has no obligation to store any User Content, and has no responsibility or liability for the deletion or accuracy of any User Content, the failure to store, transmit or receive transmissions of User Content, or the security, privacy, storage or transmission of other communications originating with or involving the use of this Website or the Website Materials.
19. Monitoring and Enforcement; Termination.
a. California Counsel Group has the right to: (i) remove or refuse to post any User Content at any time and for any reason, without notice and in our sole discretion; (ii) take any action with respect to any User Content that we deem necessary or appropriate at any time and for any reason, without notice and in our sole discretion, including if we believe that such User Content violates these Terms, including the content standards set forth herein, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of this Website or the Website Materials or the public or could create liability for California Counsel Group; (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates its rights, including its intellectual property rights or its right to privacy; (iv) take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of this Website or the Website Materials; and (v) terminate or suspend your access to all or part of this Website and/or the Website Materials for any or no reason, including, without limitation, any violation of these Terms.
b. Without limiting the foregoing, California Counsel Group has the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through this Website or the Website Materials. YOU WAIVE AND HOLD HARMLESS CALIFORNIA COUNSEL GROUP, AND its affiliates, licensors, suppliers and service providers, and each of their respective partners, officers, directors, employees, consultants, licensors, suppliers, agents, representatives and assigns, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF THEIR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
c. California Counsel Group cannot and does not undertake to review any and all material before it is posted on this Website or the Website Materials, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, California Counsel Group assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party (including, without limitation, User Content). We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section. You understand, acknowledge and agree that California Counsel Group has no obligation to pre-screen User Content (including, without limitation, any content posted or otherwise made available by third parties on or through the Website or the Website Materials), although California Counsel Group reserves the right at any time and for any reason, without notice and in our sole discretion, to pre-screen, refuse or remove any User Content (including, without limitation, any content posted or otherwise made available by third parties on or through the Website or the Website Materials). By entering into these Terms, you hereby provide your irrevocable consent to such monitoring, and you understand, acknowledge and agree that you have no expectation of privacy concerning the transmission of your User Content, including, without limitation, chat, text or voice communications.
20. Content Standards. The following content standards apply to any and all User Content and use of any Interactive Services. User Content must in its entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Content must not: (a) contain any material which is defamatory, libelous, obscene, indecent, abusive, threatening, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (c) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; (d) violate the legal rights (including the rights of publicity and privacy) of any other person or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms or our Privacy Policy; (e) be likely to deceive any person; (f) promote any illegal activity, or advocate, promote or assist any unlawful act; (g) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any person; (h) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (i) involve any commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; (j) advertise or otherwise solicit funds; or (k) give the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case. California Counsel Group reserves the right to terminate your receipt, transmission or other distribution of any User Content that does not comply with these content standards, and, if applicable, to delete any such User Content from this Website, the Website Services and its servers.
21. Compliance with Intellectual Property Laws. When accessing or using this Website or the Website Materials, you agree to obey the law and to respect the intellectual property rights of any person. Your use of this Website and the Website Materials is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content (including User Content) in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by all applicable laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any User Content that you provide or post, or that is provided or posted using your account. The burden of proving that any User Content does not violate any laws or third-party rights rests solely with you.
22. Copyright Infringement. If you believe that any User Content violates you copyright, then please see our Copyright Policy located at www.calcounselgroup.com/copyright for instructions on sending to us a notice of copyright infringement. It is the policy of California Counsel Group to terminate user accounts of repeat infringers.
23. Violations. In addition to the other rights set forth in these Terms, California Counsel Group reserves the right to terminate your use of this Website and/or the Website Materials at any time and for any reason, without notice and in our sole discretion. To ensure that California Counsel Group provides a high quality experience for you and for other users of this Website and the Website Materials, you agree that California Counsel Group or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights or other unauthorized uses of this Website or the Website Materials. California Counsel Group does not intend to disclose the existence or occurrence of such an investigation unless required by law, but California Counsel Group reserves the right to terminate your account or your access to this Website or the Website Materials immediately, for any reason in its sole discretion with or without notice to you, and without liability to you, including if California Counsel Group believes that you: (a) have violated any of these Terms; (b) furnished California Counsel Group with false or misleading information; or (c) interfered with the use of this Website or the Website Services by others.
24. DISCLAIMER OF WARRANTIES.
a. You understand, acknowledge and agree that California Counsel Group cannot and does not guarantee or warrant that files available for downloading from the Internet or this Website or the Website Materials (including, without limitation, the Forms) will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to this Website or the Website Materials (including, without limitation, the Forms) for any reconstruction of any lost data. CALIFORNIA COUNSEL GROUP, AND its affiliates, licensors, suppliers and service providers, and each of their respective partners, officers, directors, employees, consultants, licensors, suppliers, agents, representatives and assigns, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, SYSTEMS, NETWORK, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS WEBSITE, THE WEBSITE MATERIALS (including, without limitation, the Forms) OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR THE WEBSITE MATERIALS (including, without limitation, the Forms), OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
b. YOUR USE OF THIS WEBSITE, THE WEBSITE MATERIALS (including, without limitation, the Forms) AND ANY CONTENT AND SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR THE WEBSITE MATERIALS (including, without limitation, the Forms) IS AT YOUR OWN RISK. THIS WEBSITE, THE WEBSITE MATERIALS (including, without limitation, the Forms) AND ANY CONTENT AND SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR THE WEBSITE MATERIALS (including, without limitation, the Forms) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CALIFORNIA COUNSEL GROUP NOR ANY PERSON ASSOCIATED WITH CALIFORNIA COUNSEL GROUP, INCLUDING, WITHOUT LIMITATION, its affiliates, licensors, suppliers and service providers, and each of their respective partners, officers, directors, employees, consultants, licensors, suppliers, agents, representatives and assigns, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THIS WEBSITE OR THE WEBSITE MATERIALS (including, without limitation, the Forms). WITHOUT LIMITING THE FOREGOING, NEITHER CALIFORNIA COUNSEL GROUP NOR ANY PERSON ASSOCIATED WITH CALIFORNIA COUNSEL GROUP (INCLUDING, WITHOUT LIMITATION, its affiliates, licensors, suppliers and service providers, and each of their respective partners, officers, directors, employees, consultants, licensors, suppliers, agents, representatives and assigns) REPRESENTS OR WARRANTS THAT: (A) THIS WEBSITE, THE WEBSITE MATERIALS (including, without limitation, the Forms) OR ANY CONTENT OR SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR THE WEBSITE MATERIALS (including, without limitation, the Forms) WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED,; (B) DEFECTS WILL BE CORRECTED; (C) THIS WEBSITE, THE WEBSITE MATERIALS (including, without limitation, the Forms) OR THE SERVER THAT MAKES THIS WEBSITE AND THE WEBSITE MATERIALS (including, without limitation, the Forms) AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THIS WEBSITE, THE WEBSITE MATERIALS (including, without limitation, the Forms) OR ANY CONTENT OR SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR THE WEBSITE MATERIALS (including, without limitation, the Forms) WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
c. TO THE EXTENT PERMITTED BY THE LAWS AND RULES OF PROFESSIONAL RESPONSIBILITY IN THE APPLICABLE JURISDICTION, CALIFORNIA COUNSEL GROUP, AND its affiliates, licensors, suppliers and service providers, and each of their respective partners, officers, directors, employees, consultants, licensors, suppliers, agents, representatives and assigns, DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT AND UNINTERRUPTED OR ERROR-FREE OPERATION.
25. LIMITATION OF LIABILITY. CALIFORNIA COUNSEL GROUP’S LIABILITY TO YOU IS LIMITED. TO THE EXTENT PERMITTED BY THE LAWS AND RULES OF PROFESSIONAL RESPONSIBILITY IN THE APPLICABLE JURISDICTION, IN NO EVENT SHALL CALIFORNIA COUNSEL GROUP, NOR ANY OF its affiliates, licensors, suppliers OR service providers, NOR ANY of their respective partners, officers, directors, employees, consultants, licensors, suppliers, agents, representatives OR assigns, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS WEBSITE, THE WEBSITE MATERIALS (including, without limitation, the Forms), ANY WEBSITES LINKED TO IT, ANY CONTENT ON THIS WEBSITE OR IN THE WEBSITE MATERIALS (including, without limitation, the Forms) OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR THE WEBSITE MATERIALS (including, without limitation, the Forms) OR SUCH OTHER WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, CALIFORNIA COUNSEL GROUP’S, (INCLUDING, WITHOUT LIMITATION, its affiliates, licensors, suppliers and service providers, and each of their respective partners, officers, directors, employees, consultants, licensors, suppliers, agents, representatives and assigns) AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, THE WEBSITE AND THE WEBSITE MATERIALS (including, without limitation, the Forms) SHALL NOT EXCEED US$1.00.
26. Electronic Mail. Subject to Sections 4, 5 and 6 of these Terms, you may send electronic mail and other electronic messages and communications to those electronic addresses made available on this Website for the purposes of: (a) requesting alerts or other news notification services; (b) submitting voluntary survey responses; (c) responding to or making inquiries regarding California Counsel Group events; (d) requesting information regarding California Counsel Group or legal or other services offered by California Counsel Group; and (e) inquiring about employment opportunities with California Counsel Group. You agree to cease sending electronic mail and any other electronic messages and communications to any California Counsel Group electronic address upon our request.
27. Indemnity. You agree to defend, indemnify and hold California Counsel Group, its affiliates, licensors, suppliers and service providers, and each of their respective partners, officers, directors, employees, consultants, licensors, suppliers, agents, representatives and assigns, from and against any and all claims, losses, costs, damages, liabilities, awards, costs, fees and expenses (including, but not limited to, attorneys’ fees) arising out of or relating to: (a) your activities in connection with this Website and/or the Website Materials; (b) your violation of these Terms; (c) your improper or unauthorized use of this Website or the Website Materials; (d) your use of this Website and/or the Website Materials, including but not limited to, the content, Website Materials, Forms, services and products offered on or through this Website or the Website Materials; (e) any allegation or claim that anything you transmit through or in connection with this Website or the Website Materials infringes or otherwise violates the copyright, trademark, trade secret, privacy or other rights, including intellectual property and proprietary rights, of any third-party; and (f) your violation of any federal, state or local law, rule, regulation or order in connection with your use of this Website and/or the Website Materials.
28. Governing Law.
a. All matters relating to this Website, the Website Materials and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
b. Subject to Section 29 below, any legal suit, action or proceeding arising out of, or related to, these Terms, this Website or the Website Materials shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Diego and County of San Diego, although California Counsel Group retains the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
29. Arbitration.
a. Any claim or dispute (including whether the claims asserted are arbitrable but excluding claims for injunctive or other equitable relief as set forth below) arising out of or related to this Website, the Website Materials or these Terms shall be referred to and finally determined by binding and confidential arbitration in accordance with this Section 29. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA“). As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules. Notwithstanding the foregoing, California Counsel Group may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
b. You and California Counsel Group must abide by the following rules: (i) ANY CLAIMS BROUGHT BY YOU OR CALIFORNIA COUNSEL GROUP MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (ii) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (iii) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, California Counsel Group shall have the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (iv) California Counsel Group also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (v) the arbitrator shall honor claims of privilege and privacy recognized at law; (vi) the arbitration shall be confidential, and neither you nor California Counsel Group may disclose the existence, content or results of any arbitration, except as may be required by law or for the purposes of enforcement of the arbitration award; (vii) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (viii) each party shall pays its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by applicable law.
c. The arbitral proceedings, and all pleadings and written evidence will be in the English language. Any written evidence originally in a language other than English will be submitted in English translation accompanied by the original or true copy thereof. The English language version shall control. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator will not have authority to award damages in excess of the amount, or other than the types, allowed by Sections 24 or 25 of these Terms. Judgment on the award of the arbitrator may be entered by any court of competent jurisdiction. The arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of these Terms, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by California law or United States federal law. Notwithstanding the foregoing, either you or California Counsel Group may bring an individual action in small claims court. Such claims shall be exclusively brought in the state or federal courts located in San Diego County, California. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in San Diego County, California, in order to maintain the status quo pending arbitration, and each party hereby agrees to submit to the exclusive personal jurisdiction of the courts located within San Diego County, California, for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
d. With the exception of Sections 29(b)(i) and 29(b)(ii) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either Section 29(b)(i) or 29(b)(ii) above is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor California Counsel Group shall be entitled to arbitration. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in San Diego County, California. By using this Website or the Website Materials in any manner, you agree to the above arbitration provision.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
30. LIMITATION ON TIME TO FILE CLAIMS. ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS WEBSITE, THE WEBSITE MATERIALS OR THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM SHALL BE PERMANENTLY BARRED.
31. Severability; Waiver. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, then all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
32. Entire Agreement. These Terms, including our Privacy Policy, Terms of Sale, Copyright Policy and any other policy incorporated herein by reference, constitute the complete and exclusive agreement between you and California Counsel Group with respect to the subject matter hereof and supersede any and all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
33. Termination. Notwithstanding anything herein to the contrary, California Counsel Group reserves the right, at any time and for any reason, without notice and in our sole discretion, to terminate your license to use this Website and/or the Website Materials and to block or prevent your future use or access to this Website and/or the Website Materials.
34. Submissions. You understand, acknowledge and agree that any questions, comments, suggestions, feedback, ideas or other information or materials regarding this Website or the Website Materials (but excluding any client information) (collectively, “Feedback”), which is provided by you in the form of electronic mail or other submissions to California Counsel group, or any postings on this Website, (as between you and California Counsel Group) non-confidential and shall become the sole property of California Counsel Group. California Counsel Group shall own all exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
35. IRS Circular 230. Any discussion of U.S. tax matters contained herein (including, without limitation, any of the Website Materials) is not intended or written to be used, and cannot be used for the purpose of (a) avoiding penalties under the Internal Revenue Code (“IRS”) or (b) promoting, marketing or recommending to another party any transaction or other matter. The foregoing language is intended to satisfy the requirements under the regulations in Section 10.35 of IRS Circular 230.
36. Export Control. You may not access, download, use or export this Website or the Website Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that this Website and the Website Materials are subject to the United States Export Administration Laws and Regulations and agree that none of this Website or the Website Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
37. ACKNOWLEDGEMENT. BY ACCESSING THIS WEBSITE OR ANY OF THE WEBSITE MATERIALS, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.
38. Questions or Comments.
This Website and the Website Materials are operated by California Counsel Group, Inc., located at 949 W. Hawthorn Street, Suite 11, San Diego, CA 92101.
All feedback, comments, requests for information or technical support and other communications relating to this Website or the Website Materials should be directed to: [email protected].