Wednesday, November 22, 2017

Privacy/Terms

Your use of this site is on and subject to the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this web site or app.  We do not undertake any duty or obligation to persons who publicly access our web site or app, and those who do so are provided neither warranties nor promises of any kind about accuracy, utility, safety, or completeness, nor any assurances against any risk whatsoever.  All duties to the general public are hereby disclaimed, subject to the following very important provisions.

For OUR CLIENTS we therefore acknowledge their private communications will be privileged to the full extent California law guarantees.

Moreover, confidentiality is owed in California by an attorney to either a potential client as well as to a client.  FOR A POTENTIAL CLIENT, we can acknowledge openly and proudly--ALL PRIVATE COMMUNICATIONS WILL BE ATTORNEY-CLIENT PRIVILEGED.

NO PERSON SHOULD INFER the existence of a relationship by our permission to access this or any page on this or any website or app.  An attorney-client relationship or investment banker-client relationship can only be established by a mutual written agreement and under that agreement.

These terms and conditions may be modified by us at any time, effective immediately upon our posting of the modified terms and conditions. You can view the most recent version of these terms at any time at our seb site. Each use by you shall constitute and be deemed your unconditional acceptance of the terms and conditions and our limited license to you.

PRIVACY POLICY

The web master from time to time may use your Internet Protocol address to help diagnose problems with our server and to administer our Web site.

Your IP address may also be used to help us understand in general terms the demographics of those accessing our site.

We sometimes redirect visitors based on their IP addresses.

We may also, from time to time, enable you to provide your email address. These are only for our reference.  We may grant login access based on email addresses. 

At no time will we distribute your IP address or email address information to any third party unless compelled to do so by a lawful order.

TERMS AND CONDITIONS OF USE
This site is maintained as an online information service and does not constitute consulting or legal advice on any matter.Your access or use of this site and your communications through this site do not create an attorney-client relationship with us.

This site is advertising. Use of this web site in not a substitute for legal advice. Accordingly, you should not under any circumstances rely on, or act on the basis of, the materials on this web site. Use of this web site is at your own risk.

We grant you limited, revocable, nonexclusive permission to use this site solely to print and download portions of material from the different areas of the web site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree not to reverse engineer or break into the site, republish, distribute, assign, sublicense, sell, or prepare derivative works, or other use materials, products or services in violation of any law. You may not sell or commercially exploit any web site content nor use any data mining, robots or similar extraction methods in relation to the content. No linking to this site or manipulation of the web site content (including but not limited to framing, alteration of content or parts thereof, re-branding of content, use of metatags or hidden text techniques) is permitted without the express written consent of Nick Yocca.

There may be links established between this website and other sites on the Internet which are not under the control of, or maintained by, us. Such links do not necessarily constitute an endorsement by us of those sites. We undertake no obligation to monitor such sites and your use of our website indicates your agreement that we are not responsible for the content of those third-party websites or any technical or other problems associated with any such third-party sites, links or usage.

Laws and regulations change on a regular basis and we do not warrant that the information provided on this web site is up to date or current.

We mention past legal matters that we have handled. Every legal matter is different, and the results in each matter depend upon a variety of factors. Prior results are not a guarantee of similar results in future matters.

All content included on this site is and shall continue to be our property or property of other content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the web site is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site.
You agree to comply with all applicable laws regarding your use of the web site. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.

You agree to indemnify, defend and hold harmless us and our partners, employees, and affiliates, from any liability, loss, claim and expense, including reasonable attorneys' fees, related to your violation of these terms and conditions or your use of this web site.

Reasonable efforts will be made to keep this web site available for use; however, access is not guaranteed to be available all the time. We will not be liable for any periodic unavailability of the Web site.

Due to the nature of the Internet and the possibility of third party interference, the web site is not guaranteed to be free of all viruses and technical defects of any description. We will not be liable for any damage or loss caused by such third-party interference as a result of your use of the web site.

THE INFORMATION ON THIS SITE IS PROVIDED ON AN ''AS IS,'' ''AS AVAILABLE'' BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these terms and conditions that directly conflict with such laws may not apply to you.

You agree that the laws of the state of California, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and us or our affiliates. You agree that any legal action or proceeding between us and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Orange County, California. Any cause of action or claim you may have with respect to this web site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

If any provision of these terms and conditions shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these terms and conditions will otherwise remain in full force and effect.

We may assign our rights and duties under thes terms and conditions to any party at any time without notice to you.

As to any recommedations and other materials (including, without limitation, ideas for new or improved services) relevant to improvements to our web site that you choose to submit or e-mail, you hereby grant, and agree to grant, us a non-exclusive, royalty-free, worldwide, perpetual license to them, with the right to sub-license, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform by all means and in any media now known or hereafter developed.