User – This term refers to a Visitor
Visitor – This term means that you simply browse the Website
TERMS AND CONDITIONS OF USE
Welcome to our Website.
THIS SITE AND RELATED INFORMATION AND SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR WILLINGNESS TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE. This Agreement may be modified at any time by FIRM upon posting of the modified agreement. Any such modifications shall be effective immediately. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
2. Restrictions on Use
All content and material used and displayed within this website, including graphics, artwork, video, music, sound, photographs, guides, articles, opinions, software data, and names, as well as any material made available for download (collectively the “Site”) are the property of FIRM and/or its affiliates and subsidiaries. The Site is protected by federal and international copyright, trademark, trade dress, unfair competition, and other laws. The Site and any individual Websites or city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with the Site (the “Microsites”) are private property. No portion of the materials on these pages may be reprinted, republished, modified or distributed in any form without the express written permission of FIRM. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.
3. General Use
Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or other grant of right to use any patent, copyright, trademark, or other intellectual property of FIRM or any third party, except as expressly provided herein.
4. Trademark Notice
The FIRM logo and any FIRM taglines are trademarks of FIRM in the U.S. and other countries. These trademarks may not be used in connection with any product or service not belonging to FIRM in any manner that is likely to cause confusion among members, affiliates, funders, community partners or in any manner that disparages or discredits FIRM. All other trademarks, service marks, or logos used in this Site are the trademarks, service marks, or logos of their respective owners.
All content, copyrighted materials, and copyrightable materials on the Site, including, without limitation, the FIRM and FIRM affiliate logos, tag lines, designs, text, graphics, pictures, sound files and other files, page layouts, and the selection and arrangement thereof (“Materials”) are Copyright of FIRM and/or its affiliates ALL RIGHTS RESERVED. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of FIRM or affiliated copyright owner. You may also not frame, enclose, or otherwise use any FIRM or FIRM affiliate trademark, logo, tagline, design, image, page layout, or other proprietary information displayed on the Site without the prior written permission of FIRM or its affiliates. FIRM and its affiliates grant you permission to display, copy, distribute, and download the Materials on the Site for personal, non-commercial, and informational use only, provided that you may not, without the permission of FIRM or its affiliated copyright owner (1) copy, publish, or post any Materials on any computer network or broadcast or publications media; (2) modify the Materials; or, (3) remove or alter any copyright and other proprietary notices contained in the Materials.
6. Intended Audience.
This Site is not intended for any children under the age of 13. However, if you are under the age of 18, you must acquire your parent or guardian’s permission to use any service offered by the Site.
7. Limited License.
FIRM grants you a limited license to access and make personal, non-commercial use of the Site and its content. Any other redistribution, retransmission, copying, or publication of any content from the Site is strictly prohibited without the express written consent of FIRM. Our grant of this limited license does not include, without limitation: (1) any right of resale or commercial use of the Site or any of its content; (2) the collection and use of any service listings or descriptions; (3) making derivative uses of the Site or any of its contents; (4) use of any data mining, “spiders,” “robots,” “wanderers,” or similar data gathering and extraction methods; and/or, (5) any access, or attempt to access, any materials or information on the Site through any means not purposely made available by FIRM, including but not limited to bypassing the navigational structure of the Site.
8. Warranty Disclaimer
ACCESS TO THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND FIRM DOES NOT GUARANTEE THAT THE SITE WILL BE ACCURATE, COMPLETE, OR FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. FIRM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY OTHER COUNTRY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIRM, ITS EMPLOYEES, OR THROUGH OR FROM THE LICENSES OR SERVICES WHICH IT OFFERS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL FIRM BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. IN NO EVENT SHALL FIRM BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION OR THE LIKE, INCLUDING ATTORNEY’S FEES AND COSTS), WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY IN ANY AND ALL CIRCUMSTANCES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE WEBSITE.
9. Hypertext Link.
Subject to the restrictions in this Agreement, including without limitation those in the Limited License and the Copyright sections above, FIRM grants to you a limited, nonexclusive right to create a hypertext link (“link”) to the home page of the Site so long as your link does not portray FIRM or any of its services in a false, misleading, or otherwise defamatory manner. You may not use a FIRM design, logo, or other proprietary graphic, trademark, or registered trademark to link to the Site without the express written permission of FIRM. FIRM reserves the right, at all times in its sole discretion, to terminate your rights to create a link to the Site homepage.
10. Links or Pointers to Other Sites and Third Party Websites
FIRM makes no representations whatsoever about any other website that you may access through this Site. When you access a non-go FIRM website, please understand that it is independent from FIRM, and that FIRM has no control over the content on that website. In addition, a hyperlink to a non-FIRM website does not mean that FIRM endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download are free of such items as viruses, worms, Trojan horses, and other items of a destructive nature
11. Confidential or Proprietary Information
FIRM does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to FIRM through the Site will be deemed NOT to be confidential. By sending FIRM any information or material, you grant FIRM an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that FIRM is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. Your use of the Site does not constitute the formation of an attorney-client relationship with FIRM.
12. International Use.
FIRM makes no representation that materials on its Website(s) are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. You agree to comply with all applicable foreign and domestic laws, rules and regulations regarding the transmission of technical data exported from or imported to the United States or the country in which you reside.
14. Digital Millennium Copyright Act.
One or more FIRM services may allow third parties to upload, transmit, send, or receive copyrighted materials. FIRM is under no obligation to, and does not, review such materials for purposes of determining copyright infringement. However, FIRM reserves the right to terminate access to the Site if a user infringes on others’ copyrights, and will, in appropriate circumstances, terminate access to the Site if FIRM determines that a user is a repeat infringer. Pursuant to Title 17, Section 512 of the U.S. Code, all claims of copyright infringement for any material believed to reside on FIRM’S Site or its services offered through the Site should be provided in writing to FIRM’S designated agent:
Ortega Business Law Firm, APC
12636 High Bluff Drive, Suite 400
San Diego, CA 92130
Any notice of claimed infringement must include all, or substantially all, of the following information:
● A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
● Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
● Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit FIRM to locate the material;
● Information reasonably sufficient to permit FIRM to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
● A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
● A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
15. No Unlawful or Prohibited Purpose
As a condition of your use of this Site, you warrant to FIRM that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
16. Entire Agreement
These Terms and Conditions constitute the entire agreement between FIRM and you pertaining to the subject matter of this agreement. In its sole discretion, FIRM may modify these Terms and Conditions by posting the revised version on this Site.
17. Governing Law, Venue, and Dispute Resolution.
The laws of the state of California, excluding its conflicts-of-law rules, govern this Agreement and your use of the Site. You agree that any disputes between you and FIRM shall be adjudicated in the state and federal courts of the State of California. Venue for all claims and disputes between you and FIRM shall be the county of San Diego, State of California. You hereby consent to venue and personal jurisdiction in such courts with respect to such claims or disputes and irrevocably waive any right that such party may have to assert that such forum is not convenient or that any such court lacks jurisdiction.
Some jurisdictions may place limits on governing law, venue, and/or dispute resolution provisions, so certain of the foregoing requirements in this section may not apply to you.
If any portion of these terms and conditions is determined to be unenforceable under applicable law, that portion shall be construed as nearly as possible to reflect the original intentions of the parties. All remaining terms set forth herein shall continue to have full force and effect.
19. Third-Party Rights.
The provisions of the disclaimers and Limitation of Liability section above are for the benefit of FIRM and its directors, officers, employees, agents, representatives, business affiliates, licensors, suppliers, and any third-party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
20. Enforceability and Admissibility
This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (1) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (2) legally enforceable as a signed writing as against the parties subject to the electronic documents; and, (3) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
21. Waiver, Modification, and Assignment.
Any failure by FIRM 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 thereof. Neither the course of conduct between FIRM and a user of this Website nor trade practice shall act to modify any provision of this Agreement. FIRM may assign its rights and duties under this Agreement to any party at any time without notice to you.
22. Use of Information.
You agree to indemnify, defend and hold FIRM and our directors, officers, partners, employees, agents and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site in violation of this Agreement and/or arising from any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Site causes FIRM to be liable to a third party.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
© Copyright 2015 Ortega Business Law Firm, APC All Rights Reserved.