Last Updated: November 14, 2012
- www.tiffanyclarklaw.com (together with any successor site(s));
- Any Facebook, Twitter, or similar such interface we offer; and
- All of our online Services generally (as defined below).
The terms of this Agreement apply regardless of how you access the Website (including through the internet, through Wireless Access Protocol (commonly referred to as “WAP”), through a mobile network, or otherwise).
1. Acceptance and Updating of Terms.
By accessing or using the Website, you agree to abide by this Agreement and to any additional rules and guidelines that we post on the Website.
We may edit this Agreement from time to time, in our sole discretion. We may notify you of such edits by any reasonable means, including by posting the revised version of this Agreement on the Website. You can discover when we last updated this Agreement by seeing the “Last Updated” legend above. Your use of the Website following changes to this Agreement will constitute your acceptance of those changes. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.
2. Entire Agreement.
This Agreement constitutes the entire agreement between you and us, with respect to its subject matter. This Agreement governs your use of the Website, superseding any prior agreements between you and us with respect to its subject matter (including, but not limited to, any prior versions of this Agreement). You also may be subject to additional terms and conditions that may apply when you use other websites, services or products, third-party content or third-party software that may be linked from the Website. Except as otherwise provided in this Agreement, this Agreement may only be modified in a writing signed by Tiffany Clark.
3. Description of the Services; No Legal Advice or Attorney-Client Relationship.
We make available on the Website general information and services, which may include newsletters, legal updates, articles, attorney profiles, event details, videos, audio files, photos, blog posts, text, data, similar content, event registration, subscription management, research tools, video players, and links to third-party websites (such information and services, collectively called, the “Services”).
WHILE THE SERVICES ON THE WEBSITE OFTEN CONCERN LEGAL ISSUES, AND MAY INCLUDE “GENERAL LEGAL INFORMATION,” THEY DO NOT CONSTITUTE LEGAL ADVICE. LEGAL ADVICE IS MEANT TO BE CURRENT, ACCURATE, AND TAILORED TO YOUR PARTICULAR SITUATION. GENERAL LEGAL INFORMATION NOT NECESSARILY CURRENT OR ACCURATE, AND IS DEFINITELY NOT TAILORED TO YOUR PARTICULAR SITUATION.
THE ONLY WAY TO OBTAIN LEGAL ADVICE FROM US IS TO FORM A WRITTEN, SIGNED, ATTORNEY-CLIENT FEE AGREEMENT WITH US. YOU CAN BEGIN THE PROCESS OF APPLYING TO BECOME A CLIENT, BY FILLING OUT OUR CONTACT FORM, BEING SURE TO INCLUDE ONLY NON-CONFIDENTIAL INFORMATION.
NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED THROUGH THIS AGREEMENT OR YOUR USE OF THE WEBSITE. FURTHER, NEITHER RECEIPT OF INFORMATION PRESENTED ON THE WEBSITE, NOR ANY EMAIL OR OTHER ELECTRONIC COMMUNICATION SENT THROUGH THE WEBSITE WILL CREATE AN ATTORNEY-CLIENT RELATIONSHIP. AGAIN, ATTORNEY-CLIENT RELATIONSHIPS WITH US ARE ONLY CREATED VIA WRITTEN, SIGNED CLIENT FEE AGREEMENTS. AND IT IS ONLY WITH SUCH A CLIENT FEE AGREEMENT THAT YOU CAN OBTAIN LEGAL ADVICE.
PLEASE ALSO NOTE, THE USE OF THE WEBSITE IS NOT INTENDED TO CONSTITUTE, AND DOES NOT CONSTITUTE, A SOLICITATION FOR THE FORMATION OF AN ATTORNEY-CLIENT RELATIONSHIP.
Additionally, we do not seek to represent anyone desiring representation based upon viewing the Website in a state, territory or foreign country where we fail to comply with applicable laws and ethical rules. And we do not seek to practice law in states, territories and foreign countries where we are not properly authorized to do so.
4. No Guarantee of Accuracy.
We make no representation as to the accuracy, completeness, or up-to-date status of any information on this Website.
No user of the Website will act or refrain from acting on the basis of information included on the Website, without seeking legal advice of counsel in the relevant jurisdiction. We expressly disclaim all liability in respect of actions taken or not taken based on any contents of the Website.
5. Information You Submit; Limitations on Privacy and Confidentiality.
6. Minors and Filtering.
By using the Website, you affirm that you are of legal age and capacity to form a binding contract or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: http://kids.getnetwise.org/ and http://onguardonline.gov/. Please note that we do not endorse any of the products or services listed at these sites.
7. Proprietary Rights.
You agree that, we and our respective licensors and suppliers are the exclusive owner of the Website and all constituent parts, including without limitation, all software code, any content on our Website, HTML scripts, the uniform resource locators (URL’s) for the Website, the organization and layout of the Website, all of our trademarks, trade names, service marks, trade dress and logos, all enhancements and improvements thereto, and derivatives thereof, and all patent, copyright, trademark, trade secret, trade dress and other intellectual property rights therein throughout the world (collectively the “IP”). In addition, any goodwill attached to, or generated by, such IP is owned exclusively by us.
Although we are big proponents of open source intellectual property, we are not at liberty to designate all of our IP as such. And, in cases where we are at liberty, we unfortunately have not yet had the time to analyze our IP, in order to decide whether and what open source intellectual property permissions to affix.
Thus, you agree that no IP will be presumed open source unless explicitly stated. Rather, you agree to instead treat all IP is protected to the full extent permitted under the law, unless stated otherwise, either in writing on the Website, or in written correspondence from us, which we invite you to initiate through our Contact form, inquiring about the IP in question.
Therefore, except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the IP.
8. User Conduct.
You agree to comply with all applicable laws, rules and regulations in connection with your use of our Website. Without limiting the foregoing, you agree not to use the Website in connection with:
- The infringement of intellectual property rights (including our rights in our Marks);
- The unauthorized transmission of unsolicited commercial electronic mail;
- The defamation, abuse, harassment, privacy violation, impersonation of any person or entity;
- The misrepresentation of either your identity, or your affiliation with any person or entity;
- The expression or implication that we endorse any statement you make, without our explicit written permission;
- Violation of the security or integrity of the Website;
- The unauthorized access to any other accounts, computer systems or networks hosting the Website, through hacking, password theft or any other means;
- The use of any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any equivalent manual process, to access, acquire, copy or monitor any portion of the Website, or in any way circumvent the navigational structure or presentation of the Website;
- The obtaining of any materials from the Website through any means that we have not intentionally made available on the Website; or
- The use the Website in any manner that could damage, disable, overburden, or impair any server(s) hosting the Website, or the network(s) connected to any server(s) hosting the Website, or that might interfere with any other person’s access to or use or enjoyment of the Website.
9. Third Party Links, Services and Sites.
We may provide links to other World Wide Web sites or resources. Additionally, we may provide tools to allow you to link to the Website directly from a third-party site; if you do link to the Website (whether using such tools or otherwise), you agree that you will disable and remove any such link promptly upon our request.
YOUR USE OF THIRD-PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK, WHETHER OR NOT LINKED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE. Your business dealings with any third party, third party website or third party content (collectively “Third Party”) found on or through our Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and such Third Party. We make no endorsement or guarantee about the content, goods or services provided by such Third Party.
We shall not be responsible for any loss or damage of any sort incurred as the result of:
- Any dealings or transaction between you and any Third Party or as the result of the presence of such Third Party on our Website;
- Any insufficiency of or problems with any such Third Party’s background, insurance, credit or licensing; or
- The quality of services performed by any such Third Party or any other legal liability arising out of or related to the performance of such services.
In the event that you have a dispute with any such Third Party, you release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Unless expressly provided otherwise, this Agreement governs your use of any and all Third Party content.
10. Limitation of Liability and Disclaimer of Warranties.
OUR WEBSITE IS PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE MAKE NO, AND HEREBY DISCLAIM ALL, WARRANTIES THAT MIGHT ARISE FROM YOUR USE OR RELIANCE ON OUR WEBSITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE WEBSITE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE WEBSITE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE WEBSITE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE WEBSITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE WEBSITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE.
WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF OUR WEBSITE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY OF ITS ESSENTIAL PURPOSE. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE OR FROM ANY INFORMATION OR MATERIALS ON THE WEBSITE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR WEBSITE IS TO STOP USING IT. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE WEBSITE.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
While we try to maintain the security of the Website, we do not guarantee that the Website will be secure or that any use of the Website will be uninterrupted. Additionally, third parties may make unauthorized alterations to the Website. If you become aware of any unauthorized third party alterations to the Website, please contact us with a description of the material(s) at issue and the URL or location of such materials.
You agree to defend, indemnify and hold us, our affiliates, employees, agents, and suppliers, harmless from and against any and all claims, demands, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from:
- Content you submit, post, transmit or otherwise make available through the Website;
- Your use of the Website;
- Your connection to the Website;
- Your violation of any provision of this Agreement; or
- Your violation of any third party’s rights, including but not limited to infringement of any intellectual property right, violation of any proprietary right and invasion of any privacy rights.
This obligation will survive the termination of this Agreement.
This Agreement is effective until terminated.
- We may, at any time and for any reason, terminate your access to or use of:
- The Website;
- Your user name and password; or
- Any files or information associated with your user name and password.
If we terminate your access to the Website, you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Website or to any such information or files, and (except as may be required under mandatory applicable law) shall not be required to make such information or files available to you after any such termination.
We may take steps that we believe are appropriate to enforce or verify compliance with any part of this Agreement (including our right to cooperate with any legal process relating to your use of the Website or any third-party claim that your use of the Website is unlawful or infringes such third party’s rights).
Sections 3, 4, 7, 9-14, 16, 17 of this Agreement shall survive any expiration or termination of this Agreement.
Use of the Website is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement. The Website is controlled and operated by us from our office in the State of California, in the United States. We make no representation that the Website is available or appropriate for use outside of California. Your use of or access to the Website should not be construed as us purposefully availing ourselves of the benefits or privilege of doing business in any state or jurisdiction other than California. If you access the Website, you do so at your own risk, and you are responsible for complying with all local laws, rules, and regulations. We may limit the Website’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.
14. Governing Law; Dispute Resolution.
NOTWITHSTANDING THE FOLLOWING, WHENEVER ADVISABLE, YOU AGREE TO NOTIFY US OF ANY CONCERNS AND DISCUSS, IN GOOD FAITH, THE POSSIBILITY OF RESOLUTION VIA FURTHER DISCUSSION OR MEDIATION WITH US, PRIOR TO FILING ANY LAWSUIT. WE WILL ENDEAVOR TO DO THE SAME. IT IS OUR PREFERENCE AND HOPE TO RESOLVE ANY CONCERNS AS PEACEFULLY AND INEXPENSIVELY AS POSSIBLE FOR ALL CONCERNED.
You agree that any claim or cause of action arising out of or related to your use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The prevailing party in any claim or proceeding shall be entitled to reimbursement of reasonable attorneys’ and experts’ fees and costs. You hereby acknowledge that a breach of this Agreement may cause irreparable harm and significant injury to us that may be difficult to ascertain, and that a remedy at law may be inadequate. Accordingly, you agree that we shall be entitled, without waiving any additional rights or remedies otherwise available to us at law or in equity and without the necessity of posting bond, to seek injunctive and other equitable relief in the event of a breach or intended or threatened breach by you. Notwithstanding anything to the contrary, we shall be entitled to seek and obtain injunctive relief in any court of competent jurisdiction.
If any provision of this Agreement, including without limitation, the warranty disclaimers and liability limitations set forth above, is found by a court of competent jurisdiction to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
You may not assign this Agreement. We may assign or transfer this Agreement or its rights or obligations hereunder without notice or your prior approval. This Agreement is for the sole benefit of the parties hereto and do not create any third-party beneficiaries, whether intended or incidental. However, this Agreement will inure to the benefit of us and our successors and assigns.
16. No Waiver.
The failure of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of this Agreement.
You agree that nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in mediation, judicial, or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
18. Contact Us.
If you have any questions or concerns, regarding the meaning or application of this agreement, please let us know via our Contact page.