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Spaulding McCullough & Tansil LLP

Website Terms of Use

 

Revision Date: May 5, 2011

 

This agreement ("Terms of Use") defines the terms and conditions of using the website located at smlaw.com ("Website"). The Website is owned and operated by Spaulding McCullough & Tansil LLP, a California limited liability partnership ("SMT").  All content within the Website is either the property of SMT or the property of its respective owner.  Please read these Terms of Use carefully. You acknowledge and agree that use of this Website indicates your agreement to be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, please promptly exit this Website.

 

IF YOU ARE USING THE WEBSITE ON BEHALF OF ANOTHER PERSON OR ENTITY (E.G. YOU ARE ACTING ON BEHALF OF YOUR EMPLOYER), YOU ACKNOWLEDGE AND AGREE THAT BOTH YOU AND THE OTHER PERSON (WHETHER AN INDIVIDUAL OR A BUSINESS ENTITY) ARE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE.

 

1.    Use of the Website.

 

(a)    Although accessible outside of the State of California, this Website is not intended to create a legal presence outside the State of California. SMT is solely located in the County of Sonoma, State of California. The attorneys of SMT are licensed to practice law in the State of California and are governed by the laws, regulations and rules of professional conduct of the State of California.

 

(b)    The Website is protected by copyright and trademark laws. Except in connection with the intended operation and function of the Website, no portion of the content or information contained within the Website or content or information delivered as a result of visiting the Website may be reprinted, republished, modified, or distributed in any form without the express written permission of SMT.

 

(c)    You must not modify or remove any proprietary notices, including copyright notices, contained on the Website or any materials obtained in connection with your use of the Website.

 

(d)    All rights not expressly granted by these Terms of Use are reserved by SMT.

 

2.    Privacy Policy.

 

SMT’s Privacy Policy is an integral part of, and incorporated into, this Terms of Use. The Privacy Policy is available HERE or by contacting SMT to request a copy of the policy.

 

3.    Disclaimer of Legal Advice and Relationship.

 

(a)    No Attorney-Client Relationship.

 

Neither access to or use of the Website creates an attorney-client relationship between you and SMT. Unless you are a client of SMT, do not communicate any confidential or proprietary information to SMT without the prior written approval of SMT.

 

(b)    No Legal Advice.

 

This Website does not provide legal advice. Do not treat any content on the Website as a source of legal advice. If you want or need legal advice, you should seek the advice of an attorney qualified in the applicable subject matter and jurisdiction.

 

(c)    No Tax Advice.

 

This Website does not provide tax advice. Do not treat any content on the Website as a source of tax advice. If you want or need tax advice, you should seek the advice of an attorney or tax advisor qualified in the applicable subject matter and jurisdiction. Consistent with IRS Circular 230, the information on the Website is not intended or written to be used, and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this Website.

 

4.    Limited Warranty and Disclaimer; Limitation of Liability.

 

(a)    THIS WEBSITE IS PROVIDED "AS IS," WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE.

 

(b)    SMT, AND ITS PARTNERS, ATTORNEYS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS ARE NOT RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING TO THE WEBSITE, ANY CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE, ANY CONTENT OR INFORMATION DELIVERED AS A RESULT OF VISITING THE WEBSITE, OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR A BREACH OF THESE TERMS OF USE BY SMT, OR ANY DISSATISFACTION ARISING FROM OR RELATED TO THE WEBSITE, IS TO STOP USING THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SMT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

5.    Indemnity.

 

You agree to indemnify, defend and hold harmless SMT and its partners, attorneys, employees, agents and licensors from any claim, demand, liability or loss arising out of or related to your breach of any term or condition of these Terms of Use or your violation of any law, statute or regulation of any State, the United States or any foreign jurisdiction.

 

6.    Links or Pointers to Other Sites.

 

SMT makes no representations about any other website that you may access through this Website. You acknowledge and agree that when you access a non-SMT website, it is independent from SMT and that SMT has no control over that website including, without limitation, its content, terms of use and privacy policy. It is solely your responsibility to protect against destructive content such as viruses, worms, trojan horses, or other malicious software.

 

7.    Proprietary Rights.

 

(a)    You acknowledge and agree that SMT or its licensors own all legal right, title and interest in and to all content or information contained within the Website and content or information delivered as a result of visiting the Website.

 

(b)    You acknowledge and agree that SMT and the SMT logo are service marks and trade names of SMT. All other trademarks, service marks, logos and trade names used within the Website are the trademarks, service marks, logos or trade names of their respective owners.

 

8.    Transfer of Rights.

 

Except with the prior written consent of SMT, you may not assign, transfer or sublicense your rights and obligations under these Terms of Use, or any portion thereof, or grant a security interest in or over your rights to use the Website or the Services. SMT has the right to assign, transfer and sublicense its rights and obligations without restriction and in its sole discretion.

 

9.    Choice of Law; Venue; Attorneys Fees; Severability.

 

These Terms of Use are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law rules. Each party to these Terms of Use submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Sonoma in the State of California and, to the maximum extent permitted by law, waives any jurisdictional, venue, or inconvenient forum objections to such courts. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.

 

10.    Entire Agreement.

 

These Terms of Use constitute the entire agreement between SMT and you pertaining to the subject matter of this Agreement. Nothing in life is static and SMT may need to change these Terms of Use. You may determine if the Terms of Use have changed by referring to the "Revision Date" at the top of this Website page. Your continued use of this Website indicates your agreement to be bound by the modified Terms of Use.

If you are not a current client of SMT, please do not include any confidential, secret, or otherwise sensitive information in this email message. Unsolicited emails from non-clients do not create a client-attorney relationship. As a result, any information disclosed by you cannot be protected from disclosure and will not be treated as confidential information. Non-clients please limit the information you provide to your name, contact information and a statement of the general nature of your matter.



By clicking "OK," you acknowledge your understanding and acceptance of this notice and will be able to complete your email. If you have any questions or concerns about this notice, please click "CANCEL" and contact us by telephone at 707 524 1900.