Terms of Use
1. This Agreement
PLEASE REVIEW THESE TERMS OF USE BEFORE USING THE WEBSITE. This is a legal agreement (the “Agreement”) between you and Arthur Bryant Law, P.C. (“Arthur Bryant Law”), regarding your use of Arthur Bryant Law’s website, including among other things the content and links in it (collectively, the “Website”). By using the Website, you represent and warrant that you have read and understood, and agree to be bound by, this Agreement and Arthur Bryant Law’s Privacy Policy (the “Privacy Policy”).
By using the Website, you further represent and warrant that you are 18 years old or older, and that you are otherwise legally qualified to enter into contracts under applicable law. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, OR ARE NOT LEGALLY QUALIFIED TO ENTER INTO CONTRACTS, PLEASE LEAVE THE WEBSITE IMMEDIATELY.
2. Changes
Arthur Bryant Law may, at any time and without further notice, revise this Agreement or the Privacy Policy by posting an amended version on the Website. Any changes will be effective immediately upon posting. It is your responsibility to review this Agreement and the Privacy Policy periodically. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE. Unless Arthur Bryant Law obtains your consent, any revised Privacy Policy will apply only to information collected by Arthur Bryant Law after the revised Privacy Policy takes effect.
Arthur Bryant Law also may, at any time and without notice, modify or discontinue the Website. You agree that Arthur Bryant Law shall have no obligation of any sort in connection with any modification or discontinuance of the Website.
3. Informational Purposes Only
Arthur Bryant Law hereby grants you a nonexclusive license to download and display the Website, and to reproduce the content located thereon, in each case solely for your personal use. The content on the Website may, over time, include court filings, descriptions, articles, publicity materials, opinions, news accounts, etc. Arthur Bryant Law does not warrant any of this content to be accurate or complete.
The Website is an information starting point. The Website does not provide or replace individualized legal advice. The Website may include information which is out-of-date, jurisdiction-specific, incomplete, or applicable only based on a specific set of facts and may not apply to your situation. Use of the Website does not create an attorney-client relationship between you and Arthur Bryant Law. If you are in need of legal advice, seek individual attorney advice and DO NOT rely on Arthur Bryant Law unless you enter into a written attorney-client agreement with it. Unless and until you do, ARTHUR BRYANT LAW IS NOT YOUR LAWYER.
4. No Attorney-Client Relationship
YOUR USE OF THE WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND ARTHUR BRYANT LAW. SIMILARLY, THE TRANSMISSION OF INFORMATION TO AND FROM ARTHUR BRYANT LAW BY MEANS OF THE WEBSITE IS NOT AN ATTORNEY-CLIENT COMMUNICATION. If you would like Arthur Bryant Law to represent you, please follow the process described in our Contact Us page or get in touch directly. If Arthur Bryant Law is interested in representing you, it will let you know that and provide you with a proposed written engagement agreement setting forth the basis of the representation. Unless and until you and Arthur Bryant Law have signed and entered into that engagement agreement, no attorney-client relationship exists.
Unless an attorney-client relationship exists between you and Arthur Bryant Law, you shall not represent to any third party, either directly or by implication, that you are represented by Arthur Bryant Law or that Arthur Bryant Law is in any way involved in your matter.
5. No Attorney-Client Privilege
BECAUSE YOU ARE NOT A CLIENT OF ARTHUR BRYANT LAW, INFORMATION PROVIDED BY YOU TO ARTHUR BRYANT LAW MAY NOT BE PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE. It is possible that Arthur Bryant Law already represents, or in the future may represent, a party whose interests are adverse to yours. In that case, Arthur Bryant Law may not be able to treat information received from you as privileged.
6. Prohibited Uses
You represent and warrant that you will not use the Website to:
a. Upload or transmit content that violates the privacy, intellectual property, or other proprietary rights of any third party;
b. Transmit viruses, Trojan horses, worms, malicious code, or other harmful or destructive content;
c. Violate this Agreement, the Privacy Policy or any applicable law or regulation, including without limitation laws designed to regulate unsolicited email or other electronic advertising;
d. Harm the goodwill or standing of Arthur Bryant Law or any of its clients, attorneys, staff, affiliates, agents, contractors, or representatives;
e. Attempt to probe, scan, test or violate the security features of the Website or of any associated system or network, or to obtain unauthorized access to materials or other information stored thereon;
f. Attempt to interfere with the use of the Website by any other user.
Arthur Bryant Law reserves the right to cooperate fully in any investigation by law enforcement officials of any violation of this Agreement.
7. Third-Party Websites
The Website may contain links to websites operated by third parties (“Third-Party Websites”). Arthur Bryant Law does not have control over Third-Party Websites, each of which may be governed by its own terms of service and privacy policy. Arthur Bryant Law has not reviewed, and cannot review, all Third-Party Websites, and therefore does not warrant or endorse any Third-Party Website or the content appearing thereon. By visiting or using Third-Party Websites, you assume all responsibility and liability for all resulting harms, whether to you or to any third party, including without limitation any harm resulting from your downloading or use of any content, software, or other materials.
8. Intellectual Property
The content located on the Website is the copyrighted property of Arthur Bryant Law or its licensors. Similarly, the Arthur Bryant Law name, the arthurbryantlaw.com domain name, and all other names and logos used by Arthur Bryant Law in connection with the offering of Arthur Bryant Law services are the trademarks and service marks, or registered trademarks or registered service marks, of Arthur Bryant Law or its licensors. Except as explicitly permitted, neither your use of the Website nor this Agreement grants you any right, title or interest in or to Arthur Bryant Law and Arthur Bryant Law’s licensors’ copyrights, trademarks and service marks. ALL RIGHTS RESERVED.
If you believe that material located on or linked to by the Website infringes one or more of your copyrights, please immediately notify Arthur Bryant Law in sufficient detail to permit Arthur Bryant Law to find and positively identify that material.
9. DISCLAIMER OF WARRANTIES
ARTHUR BRYANT LAW HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARTHUR BRYANT LAW EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. OPERATION OF THE WEBSITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ALL HARMS, WHETHER TO YOU OR TO ANY THIRD PARTY, ARISING OR RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION THOSE THAT RELATE TO ANY DAMAGE TO YOUR SYSTEMS OR DATA.
10. LIMITATION OF LIABILITY
THE LIABILITY OF ARTHUR BRYANT LAW IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARTHUR BRYANT LAW SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF ANY ADVICE OR NOTICE GIVEN TO ARTHUR BRYANT LAW, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE. ADDITIONALLY, THE MAXIMUM LIABILITY OF ARTHUR BRYANT LAW UNDER ALL CIRCUMSTANCES WILL BE THE AMOUNT PAID BY YOU TO ARTHUR BRYANT LAW IN CONSIDERATION OF YOUR USE OF THE WEBSITE OR $100, WHICHEVER IS LESS. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN ARTHUR BRYANT LAW AND YOU. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
11. Indemnity
You agree to defend, indemnify, and hold harmless Arthur Bryant Law and its attorneys, staff, affiliates, agents, contractors, and representatives (the “Arthur Bryant Law Parties”) from and against all claims, losses, costs, damages, liabilities, and expenses (including without limitation attorneys’ fees) arising out of or relating to: (i) your use of the Website; (ii) any violation by you of this Agreement; or (iii) your submission to Arthur Bryant Law by means of the Website of incomplete, inaccurate, or untimely information or other data. The Arthur Bryant Law Parties shall have the right, but not the obligation, to participate through counsel of their choice in any defense by you under this Section.
12. Termination
In the event of a breach by you, all licenses granted to you hereunder shall automatically terminate. Any termination of this Agreement terminates all of your rights to use the Website, including your license to the content located thereon.
Without limiting any other provision of this Agreement, Arthur Bryant Law reserves the right to, in its sole discretion and without notice or liability, deny use of the Website to any person for any reason or no reason at all.
13. Communication Concerning Availability of Professional Employment
The Website and certain statements on it are “communications” within the meaning of Rule 1-400 of the California Rules of Professional Conduct. Neither this Website nor those statements are intended to be, nor should they in any way be construed as, “Solicitations” as also defined by that rule. If You believe that the Website violates any applicable ethical rule, whether in your jurisdiction or elsewhere, please notify Arthur Bryant Law immediately, leave the Website, and disregard all information and other materials on it.
14. Choice of Law; Jurisdiction and Venue
This Agreement shall be interpreted and enforced as though executed in Oakland, California, and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THE WEBSITE OR THIS AGREEMENT WILL BE THE STATE AND FEDERAL COURTS LOCATED IN OAKLAND, CALIFORNIA. THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.
15. Entire Agreement; Amendment
This Agreement constitutes the entire agreement between Arthur Bryant Law and you concerning your use of the Website. This Agreement may only be modified as stated in Section 2, above.
16. Severability; Waiver
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
17. Assignment
This Agreement and all of your rights and obligations hereunder will not be assignable or transferable by you. Notwithstanding the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
18. Relationship
Without limiting any other provision of this Agreement, this Agreement creates no agency, partnership, joint venture or employee-employer relationship between you and Arthur Bryant Law.