Effective Date: 07-12-2020
PLEASE CAREFULLY READ THESE TERMS, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, INCLUDING LIMITATION OF OUR LIABILITY AND BINDING ARBITRATION. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE WEBSITE.
Do not hesitate to contact us firstname.lastname@example.org if you have any questions or want to discuss either of these important documents.
2. NO LEGAL ADVICE, OPINION, OR SERVICES; NO ADVERTISING OR SOLICITATION
Materials on our Website have been prepared by Presidio Legal for informational purposes only and do not constitute advertising, a solicitation, or legal advice. Transmission of the materials and information contained herein is not intended to create, and receipt thereof does not constitute formation of, an attorney-client relationship. Because legal advice cannot be given without consideration of all relevant information relating to your particular circumstances, you should never consider any Content a substitute for advice from qualified counsel or a basis for any decision, action, or inaction whatsoever.
Internet subscribers and online readers should not rely upon this information for any purpose without seeking legal advice from a licensed attorney in the reader’s state. The information contained in this website is provided only as general information that may or may not reflect the most current legal developments; accordingly, information on this website is not promised or guaranteed to be correct or complete. Presidio Legal expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of our Website.
3. NO CREATION OF AN ATTORNEY-CLIENT RELATIONSHIP OR PRIVILEGE
Your access to or use of the Website or any portion thereof, including but not limited to any email links or other contact information listed for Presidio Legal attorneys, does not create an attorney-client relationship between you and Presidio Legal. Your transmission or communication of any information, whatever its nature, does not create an attorney-client relationship between you and Presidio Legal and does not invoke any attorney-client privilege. Presidio Legal only enters into attorney-client relationships after undertaking certain procedures unrelated to the Website, in accordance with its own policies and the rules and regulations of the State Bar of California.
4. NO CONFIDENTIALITY
You may send Presidio Legal emails. However, if you communicate with us in connection with a matter for which we do not already represent you, you should not send us confidential or sensitive information via email because your communication will not be treated as privileged or confidential. If you communicate with us by email in connection with a matter for which we already represent you, you should note that the security of internet email is uncertain. By sending sensitive or confidential email messages that are not encrypted, you accept the risks of such uncertainty and possible lack of confidentiality over the internet.
Presidio Legal does not wish to represent anyone desiring representation based upon viewing this website in a state where this website does not comply with all laws and ethical rules of that state.
Presidio Legal does not necessarily endorse, and is not responsible for, any third-party content that may be accessed through this website.
5. PROHIBITED USES
6. INFORMATION YOU PROVIDE TO US
In addition, we should not be relied upon as a means to store your data or information and we assume no responsibility for such activities.
7. THIRD PARTY SITES AND SERVICES
Our Website is integrated with services provided by third parties as part of the functionality of the Website. We have no control over third parties and make no guarantees about, and assume no responsibility for, the information or services provided by third parties.
Additionally, we may provide links to third-party websites and businesses. You acknowledge and agree that we are not responsible for the accuracy, content, or functionality of services provided on or by such third-party websites or businesses, and we do not endorse, nor assume any liability related to your use of, such websites or businesses in any way.
8. OUR INTELLECTUAL PROPERTY
The Website and all content on the Website (collectively “Our IP”) are the property of Presidio Legal or are used with permission from third parties. As part of these Terms, we grant you a nonexclusive, non transferable, and revocable license to use Our IP solely for the purposes for which it is intended. And, specifically, you may not sell, redistribute, download, export, or reproduce Our IP in any way. You also may not decompile, reverse-engineer, disassemble, or otherwise convert Our IP without our permission.
9. ASSUMPTION OF RISK
Presidio Legal MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED (SEE BELOW), AS TO THE WEBSITE OR ITS CONTENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
10. DISCLAIMER OF WARRANTIES; “AS IS”
WE ARE MAKING THE WEBSITE AVAILABLE “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATION, TIMELINESS OF INFORMATION, SYSTEM INTEGRATION, OR NONINFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE. WE DO NOT WARRANT THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM OR RELATED TO ANY OF THE FOLLOWING: ANY CLAIM RELATED TO PERSONAL OR BODILY INJURY IN CONNECTION WITH THE USE OF THE WEBSITE; ANY HARM OR DAMAGE CAUSED BY, OR OTHERWISE RELATED TO, YOUR RELIANCE ON INFORMATION PROVIDED THROUGH THE WEBSITE; ANY LOSS OR UNAUTHORIZED DISCLOSURE OF DATA; ANY HARM OR DAMAGE CAUSED BY, OR OTHERWISE RELATED TO, YOUR USE OF OR INTERACTION WITH THE WEBSITE OR CONTENT ON THE WEBSITE; AND ANY VIOLATIONS OF APPLICABLE LAWS, RULES, REGULATIONS, AND OTHER AGREEMENTS. THIS LIMITATION SHALL APPLY REGARDLESS OF THE LEGAL THEORY OR FORM OF ACTION.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE WEBSITE EXCEED ONE HUNDRED DOLLARS ($100.00).
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES OR CAUSES OF ACTION, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
In the event that any third party brings a claim against us related to your actions, content, information, or any other use of the Website by you, you agree to indemnify, defend, and hold us and our agents harmless from and against any and all third-party claims, including privacy violations, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) relating to such claim. We will notify you promptly of any such claim and will provide you with reasonable assistance, at your expense, in defending any such claim, provided, however, that our failure to so notify you shall not relieve you of your indemnity obligations, but instead shall reduce those obligations by the amount of damages or increased costs and expenses attributable to our failure to give notice. We reserve the right to approve counsel retained by you, to take control of the defense (at our expense) of any claim for which indemnity is required, and to participate in the defense of any claim (at our expense) for which indemnity is required. You may not settle any claim without our prior consent.
13. DISPUTE RESOLUTION
You agree to resolve any dispute, claim, or controversy with Presidio Legal arising out of or relating to your use of the Website in the following manner. First, we both agree to attempt in good faith to resolve the dispute informally by contacting each other by email (you can email us at email@example.com). Second, if the dispute is not resolved through informal resolution, we both agree to attempt in good faith to resolve the dispute through mediation administered by JAMS, which shall take place in Alameda County, CA, and the costs of which shall be divided equally between you and Presidio Legal. Third, if the dispute is not resolved through informal resolution and mediation, we both agree to participate in binding arbitration administered by JAMS, which shall take place in Alameda County, CA.
Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above.
We both agree that, in the event of arbitration, or in the event of a lawsuit as permitted by this Section or otherwise, the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees). Arbitration pursuant to this Section shall be confidential, and neither you, nor Presidio Legal, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general). If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
YOU AND Presidio Legal EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
Nothing contained in this Section shall limit our ability to terminate, or otherwise take action related to, your account as provided in these Terms.
14. GOVERNING LAW, VENUE, & PERSONAL JURISDICTION
These Terms shall be governed by the laws of the State of California, without regard to conflict of law provisions. In the event that a lawsuit is filed where permitted under the provisions above, or in the event that the provisions above are found not to apply to you or to a given dispute, we both agree that any judicial proceeding will be brought in the federal or state courts of Alameda County, CA. Both you and we consent to venue and personal jurisdiction there.
15. SEVERABILITY WAIVER
If, for whatever reason, any term or condition in these Terms is found unenforceable, all other terms and conditions will remain unaffected and in full force and effect. The failure to enforce any provision of these Terms is not a waiver of our right to do so later, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
16. CHANGES TO THESE TERMS
Presidio Legal reserves the right to change these Terms from time to time, with or without notice to you. If you continue to use the Website, you consent to the new Terms. Any changes to these Terms will become effective on the “Effective Date” indicated above. If you continue to use the Website after the Effective Date, you consent to the new Terms. Presidio Legal will always have the latest Terms posted on the Website.
17. CONTACT US
If you have any questions about these Terms, our Website, or our services, please feel free to contact us by email at firstname.lastname@example.org or use the contact form on this website.
18. HEADINGS USED IN THESE TERMS
The section headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of these Terms in any way.