1. USE OF THIS SITE.
2. COPYRIGHT AND TRADEMARKS.
The content, information, organization, graphics, designs, compilation, digital conversion and other materials published on or used on this Site, including, but not limited to, articles, opinions, text, directories, guides, photographs, illustrations, graphics, video, images, sound, as well as the trademarks, logos, domain names, trade names, service marks, and any other forms of intellectual property (collectively, “Materials”) are owned by the Firm, its affiliates, partners and others, and are protected by law.
UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DUPLICATING, EXPLOITATION, DISPLAY, OR ANY OTHER MISUSE OF ANY OF THE MATERIALS IS STRICTLY PROHIBITED. PLEASE NOTE THAT THIS PROVISION ONLY APPLIES TO SITE MATERIALS AND DOES NOT INCLUDE MATERIALS FOUND THROUGH LINKING TO ANOTHER SITE NOT OWNED BY THE FIRM. FOR PURPOSES OF CLARIFICATION; ALL FORMS, APPLICATIONS, DOCUMENTS, CONTENT, AND INFORMATION ACCESSED BY YOU VIA HYPERLINKS FROM THE SITE, THAT LINK TO ANOTHER ENTITY’S WEB SITE, ARE THE PROPERTY OF THE RESPECTIVE ENTITY. THE FIRM MAKES NO OWNERSHIP CLAIMS TO SUCH OTHER WEB SITE INFORMATION.
COPYRIGHT INFRINGEMENT IS A SERIOUS OFFENSE. BY VIEWING AND THEN COPYING OF ANY OF THE CONTENT OF THIS SITE YOU WILL BE CONSIDERED A WILLFUL INFRINGER UNDER U.S. COPYRIGHT LAW, WHICH ALLOWS US TO SEEK UP TO $150,000 PER OFFENSE UNDER UNITED STATES CODE, TITLE 17, CHAPTER 5, IN ADDITION TO ATTORNEYS’ FEES, COSTS AND OTHER RELIEF. WE WILL TAKE AGGRESSIVE LEGAL ACTION TO PRESERVE OUR INTELLECTUAL PROPERTY RIGHTS BY SEEKING ALL AVAILABLE REMEDIES.
3. THIRD PARTY AND AFFILIATED WEB SITES.
We have no control over, and no liability for any third party web sites or materials, including advertisers. We work with a number of affiliates, including advertisers, for whom we have placed links on this Site to their web sites. We have no control over the content and performance of these affiliate sites and make no guarantees, representations or warranties about the accuracy, currency, content, or quality of information provided by such sites, any products or services provided by such web sites, any results that may be obtained from using such web sites, the legality of the products or services provided by such sites, or the privacy or other practices of such web sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. UNLESS EXPRESSLY SO STATED, THE INCLUSION OF A LINKED SITE IS FOR YOUR CONVENIENCE ONLY AND IS NOT INTENDED AND SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT OR RECOMMENDATION OF THE LINKED SITE OR ITS CONTENT. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY SITES LINKED TO THIS SITE, INCLUDING THOSE THAT WE RECOMMEND, YOU DO SO ENTIRELY AT YOUR OWN RISK, AND OUR RECOMMENDATION DOES NOT CONSTITUTE A GUARANTY OR WARRANTY OF THEIR SERVICES OR PRODUCTS. THE INCLUSION OF A LINKED SITE OF A GOVERNMENTAL AGENCY, INCLUDING BUT NOT LIMITED TO ANY STATE DEPARTMENT IS ALSO DONE FOR YOUR CONVENIENCE. OUR LINKING TO SUCH A SITE SHOULD NOT BE CONFUSED WITH THE FACT THAT WE ARE A PRIVATE, NON GOVERNMENTAL FOR PROFIT BUSINESS UNRELATED TO SUCH GOVERNMENTAL AGENCY OR STATE DEPARTMENT.
THE FIRM AND ITS AFFILIATES DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR THE ACCURACY, CONTENT, PRODUCTS, SERVICES OR AVAILABILITY OF INFORMATION FOUND ON THIS SITE AND ON OTHER WEB SITES THAT LINK TO OR FROM THIS SITE. THE FIRM AND ITS ATTORNEYS AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, INCLUDING, WITHOUT LIMITATION, INFORMATION THAT YOU MIGHT BE REQUESTED TO GIVE ANY THIRD PARTY WEB SITE. THE FIRM AND ITS ATTORNEYS IS NOT RESPONSIBLE FOR ANY CUSTOMER SERVICE CONCERNING SERVICES FROM WEB SITES OWNED OR OPERATED BY ANY THIRD PARTY.
4. LINKING POLICY.
The Materials on this Site contain intellectual property that is protected from unauthorized use, copying and dissemination by copyright, trademark and other laws. If you link to this Site, we require that you follow these guidelines. The link to this Site must not damage, dilute or tarnish the goodwill and reputation associated with the Firm and its Attorneys, this Site, or any affiliated web sites or companies, or any intellectual property of the foregoing, nor may the link or a reference to the link include a false statement that your web site and/or organization is sponsored, endorsed by, affiliated and/or associated with the Firm or its attorneys or this Site, or any affiliated web sites or companies. You agree that you will not link to this Site from any source that is unlawful, abusive, indecent or obscene, or that promotes violence or illegal acts, or that contains expressions of racism, or that is libelous, defamatory, scandalous, inflammatory or otherwise inappropriate. Under no circumstances may you frame this Site or alter its intellectual property or content in any way. We are not responsible for the content of any web site that may link to this Site.
5. PROHIBITED ACTIONS.
6. WARRANTY DISCLAIMER.
THE SITE AND ALL SERVICES AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE FIRM AND ITS ATTORNEYS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. SPECIFICALLY, BUT WITHOUT LIMITATION, THE FIRM AND ITS ATTORNEYS DO NOT REPRESENT OR WARRANT, AND DISCLAIM ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, PENALTY OR DAMAGE OF ANY KIND WHATSOEVER RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO: (i) ANY ERRORS IN OR OMISSIONS FROM THE SITE AND ITS CONTENT, SERVICES, OR ANY DATA, INCLUDING, BUT NOT LIMITED TO, TECHNICAL OR OTHER INACCURACIES, NOT UP TO DATE INFORMATION, OR TYPOGRAPHICAL ERRORS; (ii) THE UNAVAILABILITY OR UNINTERRUPTED USE OF THE SITE OR ANY OF THE SERVICES; (iii) DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS ON THE SITE OR THE SERVER THAT MAINTAINS THE SITE; (iv) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH HYPERLINKS CONTAINED IN THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS THEREFROM; AND (v) YOUR USE OF THE SITE, OR ANY SERVICES, OR DATA. FURTHER, THE FIRM AND ITS ATTORNEYS DO NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO ANY RESULTS, ECONOMIC OR OTHERWISE THAT MAY BE OBTAINED BY USE OF THE SITE, SERVICES, OR ANY DATA. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN SOME TRANSACTIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE.
7. LIMITATION OF LIABILITY.
THE FIRM AND ITS ATTORNEYS AND ANY RELATED ENTITIES SHALL NOT BE LIABLE FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, FAILURE OF DELIVERY OF MERCHANDISE OR SERVICES, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR UNLAWFUL USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION OR THEORY. IN NO EVENT SHALL THE FIRM OR ITS ATTORNEYS OR ANY RELATED ENTITY BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF THIS AGREEMENT, THE USE OR INABILITY TO USE THIS SITE, THE MATERIALS OR ANY SERVICES, THIRD PARTY PRODUCTS OR SERVICES, WEB SITES LINKED TO OR FROM THIS SITE, OR FOR ANY BREACH OF WARRANTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES IN SOME TRANSACTIONS, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU AGREE THAT YOU WILL NOT HOLD THE FIRM OR ITS ATTORNEYS OR ANY RELATED ENTITY RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH THIS SITE, THIRD PARTY PRODUCTS OR SERVICES, OR WEB SITES LINKED TO OR FROM THIS SITE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY SERVICE PROVIDERS AND ADVERTISERS, THOSE WITH WHOM THE FIRM CONTRACTS TO OPERATE VARIOUS PORTIONS OF THIS SITE, AND THOSE TO WHOM THE FIRM PROVIDES LINKS FOR CONTENT, ADVERTISING AND/OR ANY OTHER TYPE OF DATA OR INFORMATION.
ANY RELIANCE UPON ANY ADVISE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OR OTHER MATERIALS ACCESSED THROUGH OR OBTAINED BY MEANS OF THIS SITE.
BY ACCESSING THIS WEB SITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
9. COMMENTS AND INQUIRIES AND RELATIONSHIP.
Any response from the Firm to any inquiries are for information and educational purposes only and should not be interpreted as advice of any type. Use of this site and communication with the Firm and its attorneys does not constitute an attorney-client relationship. Your submission of information to the Firm or its attorneys and/or your use of this web site does not create an attorney/client relationship between you and the Firm. Nothing on this web site should be construed as legal advice. You should always consult with an attorney before drawing any conclusions about your particular situation. The Firm and its attorneys are not your attorneys unless and until the terms of our attorney-client agreement are confirmed in writing by you and by the Firm.
Communications made through this Site or the Site’s e-mail or messaging system shall in no way be deemed to constitute legal notice to the Firm or its attorneys or any of its officers, employees agents or representatives, such as where notice to the Firm is required by contracts, or any Government laws, rules, or regulations.
All legal notices should be directed to our corporate address:
Law Offices of William C. Makler, P. C.
1114 State Street, Suite 252
Santa Barbara, CA 93101
12. JURISDICTION/GOVERNING LAW.
This Agreement shall be treated as though it were executed and performed in Santa Barbara, California and shall be governed by and construed in accordance with the laws of the State of Califlornia, without regard to conflict of law principles. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Santa Barbara, California in all disputes arising out of or related to the use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises, otherwise it will be forever waived and barred.
13. MODIFICATION OF TERMS.
The Firm reserves the right to revise this Agreement at any time by updating this posting. Your continued use of the Site constitutes your agreement to comply with such revisions; therefore, you should visit this page from time to time to review the then-current Agreement. This Agreement and any modifications thereto are valid and binding upon you.
If a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. To the extent that anything in or associated with this Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
BY ACCESSING THIS SITE OR USING THE INFORMATION OR SERVICES AVAILABLE THROUGH THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND THEREBY.