PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Acceptance of Agreement
You agree to the terms and conditions set forth in this Terms of Use Agreement (this “Agreement”) with respect to the website (the “Site”). This Agreement constitutes the entire and only agreement between The Law Firm for Non-Profits, P.C. (the “Firm”) and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the subject matter of this Agreement.
This Agreement may be amended at any time by the Firm from time to time without specific notice to you. The latest version of this Agreement will be posted on the Site and you should review this Agreement prior to using the Site.
California Attorneys
Unless otherwise noted, the attorneys associated with the Firm are licensed to practice law in the State of California. That license extends to the practice of law before all federal agencies that do not require special credentials or examination. This Site is not a solicitation to practice law in any states other than California. We are unwilling to assume the representation of clients from those states where these materials do not comply with State Bar requirements and where the client is generated as a result of that communication.
GENERAL DISCLAIMER: NO ATTORNEY-CLIENT RELATIONSHIP
The material and information on the Site has been prepared by the Firm for general informational purposes only and is not intended to be, and does not constitute, legal advice. Transmission and receipt of information from the Site is not intended to and will not create an attorney-client relationship. 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 e-mail because your communication will not be treated as privileged or confidential.
Case Studies and Advertising Disclaimer
The Site may contain references to, and descriptions of, matters and legal decisions. In some instances, case studies of matters and legal decisions are provided. This information is provided as a public service. Case studies or descriptions of matters and legal decisions are not intended as, and should not be taken as, legal advice. Prior results do not guarantee future results. Testimonials or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. The contents of this the Site may constitute advertising. The attorney responsible for the Site is Arthur Rieman.
Blogs, Podcasts, and Multimedia Disclaimer
The Firm’s blogs, podcasts, videos and all other multimedia content is intended to provide general information about significant legal developments and should not be construed as legal advice regarding any specific facts and circumstances, nor should they be construed as advertisements for legal services.
Reliance Waiver and Third-Party Disclaimer
The information contained in the Site is for general guidance on topics selected by the Firm. Such information is provided on a blind-basis, without any knowledge as to your industry, identity or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions, or inaccuracies in information contained in the Site. The information on the Site is provided with the understanding that the Firm and various authors and publishers providing such information are not engaged in, and that providing such information does not constitute the rendering of legal, accounting, tax, career or other professional advice or services. As such, information on the Site should not be relied upon or used as a substitute for direct consultation with professional advisors.
The Site contains and provides links to facts, views, opinions, statements and recommendations of third parties. None of them or the Firm represents or endorses the currency or reliability of any advice, opinion, statement, or other information displayed, uploaded or distributed through the Site. You acknowledge that any reliance on any such advice, opinion, statement, or other information will be at your sole risk. The material on the Site is transmitted and distributed “ASIS” and appears on the Site without express or implied warranties of any kind, including, but without limitation, warranties of title, implied merchantability, or warranties of fitness for a particular purpose. There is no warranty as to the quality, accuracy, completeness, or validity of any material on the Site, and no warranty that the functions contained on the Site will be uninterrupted or error-free, or that defects or errors will be corrected.
Limitation of Liability
We 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 Site or information obtained, (ii) the unavailability or interruption of the Site or any features thereof, (iii) your use of the Site, (iv) the content contained on the Site, or (v) any delay or failure in performance beyond the control of the Firm.
THE AGGREGATE LIABILITY OF THE FIRM 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 THE FIRM.
Copyright and Trademark Infringement
“The Law Firm for Non-Profits” and “Helping Good People Do Good Things” are registered trademarks of the Firm. “Nonprofit Incorporators” is a Service Mark of the Firm.
All trademarks and logos listed on the Site are properties of the Firm or its respective owners and are used with the permission thereof. All rights are reserved.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyright, trademark and other intellectual property laws. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as described below, is strictly prohibited. You do not acquire ownership rights to any article, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the Site may be the copyrighted work of third parties.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site solely in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
If you believe any content present on the Site infringes your copyright, you may request such content to be removed from the Site by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact the Firm’s copyright agent (identified below) and provide the following information:
- A clear statement identifying the works, or other materials believed to be infringed.
- A statement from the copyright holder or authorized representative that the materials are believed to be infringing.
- Sufficient information about the location of the allegedly infringing materials so that the Firm can find and verify its existence.
- Your name, telephone number and email address.
- A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
The Company’s copyright agent is Arthur Rieman. He is contactable by phone at 818.623.9898 or by e-mail at Arthur[at]lfnp.com.
Publication Notice
The publications on the Site are presented with the understanding that, due to the rapidly changing nature of the law, information contained in them may become outdated at any time. As a result, any individual using these materials and information must always consult with competent legal counsel, or research original sources of authority to assure accuracy when dealing with a specific matter or situation. In no event will the Firm, the respective authors, or their agents and assigns, be liable for any direct, indirect or consequential damages resulting from the use of these materials.
Arbitration; Jury Trial Waiver
Any legal controversy or legal claim arising out of or relating to this Agreement or the Site (excluding legal action taken by the Firm 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 in accordance with the 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.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THIS SITE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Miscellaneous
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 law of the State of California (without regard to conflict of law principles). 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 Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. The Firm’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.
The Firm’s rights under this Agreement shall survive any termination of this Agreement.