Terms & Conditions
The materials located at http://www.dljlawfirm.com (the “Website”) are provided by The DLJ Law Firm, P.C. (“DLJ”). The use of the Website by the user or browser (“you” or “your”) is subject to the following terms and conditions (this “Agreement”):
1. Acceptance of Agreement
Your use of this Website constitutes your agreement to the terms and conditions set forth in this Agreement with respect to the Website. Please review the following terms carefully. If you do not agree to these terms, you should not use the Website. This Agreement constitutes the entire and only agreement between you and DLJ, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Website and the subject matter of this Agreement.
DLJ reserves the right to change this Agreement at any time, effective immediately upon posting on the Website. Please check this page of the Website periodically. If you violate the terms of this Agreement, DLJ may terminate your use of the Website, bar you from future use of the Website and/or take appropriate legal action against you.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Website, except as allowed by Section 3 (Limited License; Permitted Uses) below, is strictly prohibited. You do not acquire ownership rights to any article, document or other materials posted on or viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials. Some of the content on the Website may be the copyrighted work of third parties.
3. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Website solely in accordance with this Agreement; (b) to use the Website solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Website solely for internal, personal, non-commercial purposes and provided you maintain all copyright and other policies contained therein. No printout or electronic version of any part of the Website or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
4. Restrictions and Prohibitions on Use.
5. Attorney Advertising; Outcomes Not Guaranteed
You are advised that the contents of the Website constitute attorney advertising and that prior results do not guarantee a similar outcome. (Please see California Rules of Professional Conduct, Rule 7.1, 7.2.)
6. Informational Purpose Only
The materials available on the Website have been prepared by DLJ and are intended for informational purposes only. The information provided on the Website is provided only as general information, which may or may not reflect the most current legal developments. The opinions expressed on or through the Website are the opinions of the individual author and may not reflect the opinions of DLJ or any individual attorney.
7. No Legal Advice or Attorney-Client Relationship
Information contained on or made available through the Website is not intended to, and does not, constitute legal advice, recommendations, mediation, or counseling under any circumstance. The Website and your use thereof does not create an attorney-client relationship. DLJ does not warrant or guarantee the accuracy, completeness, adequacy, or currency of the information contained in or linked to the Website. Your use of information on the Website or materials linked to the Website is entirely at your own risk. You should not act or rely on any information on the Website without seeking the advice of a competent attorney licensed to practice in your jurisdiction for your particular problem. The information contained herein does not necessarily reflect the opinions of DLJ’s clients.
8. Forms, Agreements & Documents
DLJ may make available through the Website business documents and legal documents, sample forms, and checklists, outlines and power points (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign, or transfer such license. Documents are provided without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, accuracy, relevance and/or appropriateness. Without Limiting The Terms Of Section 18 (Disclaimer), The Documents Are Provided “As Is”, “As Available”, And With “All Faults”, And Dlj And Any Provider Of The Documents Disclaim Any Warranties, Including But Not Limited To The Warranties Of Merchantability And Fitness For A Particular Purpose. The Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Documents are only samples and may not be applicable to a particular situation.
9. Linking to the Website
You may provide links to the Website, provided (a) that you do not remove or obscure, by framing or otherwise, the copyright notice or other notices on the Website, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Website immediately upon request by DLJ.
10. Certain Confidentiality Issues
Choosing an attorney is a serious matter and should not be based solely on information contained on the Website or in advertisements, and the engagement of counsel may not be accomplished by sending DLJ confidential information related to you and/or your company unless DLJ has expressly authorized the submission of such information by written authorization.
You may send DLJ an e-mail. However, if you communicate with DLJ in connection with a matter for which DLJ does not already represent you, you should not send DLJ any confidential or sensitive information via e-mail or otherwise because your communication will not be treated as privileged or confidential. If you communicate with DLJ by e-mail in connection with a matter for which DLJ already represents you, you should note that the security of internet e-mail is uncertain. By sending sensitive or confidential e-mail messages that are not encrypted, you accept the risks of such uncertainty and possible lack of confidentiality over the Internet.
11. Use In Other Jurisdictions
DLJ practices law only in the State of California and other jurisdictions in which DLJ is properly authorized to do so. DLJ does not seek to represent anyone in any jurisdiction where the Website does not comply or is in any way inconsistent with the rules governing communication of legal services in a particular state. DLJ is unwilling to assume the representation of clients from those states where the materials do not comply with State Bar requirements and where the client is generated as a result of that communication.
12. Errors, Corrections and Changes
DLJ does not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. DLJ does not represent or warrant that the information available on or through the Website will be correct, accurate, timely or otherwise reliable. The law is constantly changing, and the information may not be complete or accurate depending on your particular legal issue. Each legal issue depends on its individual facts and different jurisdictions have different laws and regulations. DLJ may make changes to the features, functionality, or content of the Website at any time. DLJ reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Website.
13. Third Party Content & Links
(a) Third party content may appear on the Website or may be accessible via links from the Website. DLJ is not responsible for and assumes no liability for any third-party content. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect DLJ’s belief.
(b) The Website also contains links to other Web sites. DLJ is not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on DLJ’s Website does not imply approval or endorsement of the linked Web site by DLJ. If you decide to leave the Website and access these third-party sites, you do so at your own risk.
14. Unlawful Activity
DLJ reserves the right to investigate complaints or reported violations of this Agreement and to take any action DLJ deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, IP addresses and traffic information.
You agree to indemnify, defend and hold DLJ and DLJ’s partners, associates, agents, attorneys, employees, subcontractors, successors, assigns, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Website.
The Information, Content And Documents From Or Through The Site Are Provided “As-is,” “As Available,” With “All Faults”, And All Warranties, Express Or Implied, Are Disclaimed (Including But Not Limited To The Disclaimer Of Any Implied Warranties Of Merchantability And Fitness For A Particular Purpose). The Information And Site May Contain Bugs, Errors, Problems Or Other Limitations. Dlj And Dlj’s Affiliated Parties Have No Liability Whatsoever, Except As Provided In Section 17(B). In Particular, But Not As A Limitation Thereof, Dlj And Dlj’s Affiliated Parties Are Not Liable For Any Indirect, Special, Incidental Or Consequential Damages (Including Damages For Loss Of Business, Loss Of Profits, Litigation, Or The Like), Whether Based On Breach Of Contract, Breach Of Warranty, Tort (Including Negligence), Product Liability Or Otherwise, Even If Advised Of The Possibility Of Such Damages. The Negation And Limitation Of Damages Set Forth Above Are Fundamental Elements Of The Basis Of The Bargain Between Dlj And You. This Site And The Information Presented Would Not Be Provided Without Such Limitations. No Advice Or Information, Whether Oral Or Written, Obtained By You From Dlj Through The Site Or Otherwise Shall Create Any Warranty, Representation Or Guarantee Not Expressly Stated In This Agreement. All Responsibility Or Liability For Any Damages Caused By Viruses Contained Within The Electronic File Containing A Form Or Document Is Disclaimed.
17. Limitation of Liability
(a) DLJ and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from
(i) any errors in or omissions from the Website or information obtained,
(ii) the unavailability or interruption of the Website or any features thereof,
(iii) your use of the Website,
(iv) the content contained on the Website, or
(v) any delay or failure in performance beyond the control of an Affiliated Party.
(B) The Aggregate Liability Of Dlj And The Affiliated Parties In Connection With Any Claim Arising Out Of Or Relating To The Site Shall Not Exceed $100 And That Amount Shall Be In Lieu Of All Other Remedies Which You May Have Against Dlj And Any Affiliated Party.
DLJ reserves the right, and you authorize DLJ, to the use and assignment of all information regarding Website uses by you and all information provided by you in any manner.
19. Copyrights and Copyright Agents
DLJ respects the intellectual property of others and asks you to do the same. If you believe that
your work has been copied in a way that constitutes copyright infringement, please provide
DLJ’s Copyright Agent the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Website;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please send the above information to firstname.lastname@example.org.
20. Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Website and the Content and Materials provided therein.
This Agreement shall be treated as though it were executed and performed in Los Angeles, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Website must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 14 (Unlawful Activity) and Section 15 (Indemnification). The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision of this Agreement nor affect any of the rights or obligations of the parties to this Agreement. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed as much as possibly consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. DLJ’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. DLJ’s rights under this Agreement shall survive any termination of this Agreement.
Any legal controversy or legal claim arising out of or relating to this Agreement or the Website (excluding legal action taken by DLJ or you to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement), shall be settled solely by confidential binding arbitration before a single retired judge under the auspices of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in accordance with commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California. Each party shall bear one-half of the arbitration fees and costs incurred, and each party shall bear its own attorneys’ fees.