Terms of Use
Welcome to our Web site. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The term “Alcala Law Firm,” “ALF,” “us,” “we” or “our” refers to the Alcala Law Firm. The term “you” refers to the user or viewer of our Web site.
1. Acceptance
of Agreement.
You agree to the terms and conditions set forth in this Terms of Use
Agreement (“Agreement”) with respect to our site (the “Site”). This
Agreement constitutes the entire and only agreement between us 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 us from time to time without specific notice
to you. The latest version of the Agreement will be posted on the
Site, and you should review this Agreement prior to using the Site.
2. Copyright.
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the
Site 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 Site, except as allowed by
Section 3 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.
3. Limited
License; Permitted Uses.
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 out 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.
4. Restrictions
and Prohibitions on Use.
Your license for access and use of the Site and any information,
materials or documents (collectively defined as “Content and
Materials”) therein are subject to the following restrictions and
prohibitions on use: You may not (a) copy, print (except for the
express limited purpose permitted by Section 3 above), republish,
display, distribute, transmit, sell, rent, lease, loan or otherwise
make available in any form or by any means all or any portion of the
Site or any Content and Materials retrieved therefrom; (b) use the
Site or any materials obtained from the Site to develop, of as a
component of, any information, storage and retrieval system,
database, information base, or similar resource (in any media now
existing or hereafter developed), that is offered for commercial
distribution of any kind, including through sale, license, lease,
rental, subscription, or any other commercial distribution
mechanism; (c) create compilations or derivative works of any
Content and Materials from the Site; (d) use any Content and
Materials from the Site in any manner that may infringe any
copyright, intellectual property right, proprietary right, or
property right of us or any third parties; (e) remove, change or
obscure any copyright notice or other proprietary notice or terms of
use contained in the Site; (f) make any portion of the Site
available through any timesharing system, service bureau, the
Internet or any other technology now existing or developed in the
future; (g) remove, decompile, disassemble or reverse engineer any
Site software or use any network monitoring or discovery software to
determine the Site architecture; (h) use any automatic or manual
process to harvest information from the Site; (i) use the Site for
the purpose of gathering information for or transmitting (1)
unsolicited commercial email; (2) email that makes use of headers,
invalid or nonexistent domain names, or other means of deceptive
addressing; and (3) unsolicited telephone calls or facsimile
transmissions; (j) use the Site in a manner that violates any state
or federal law regulating email, facsimile transmissions or
telephone solicitations; and (k) export or re-export the Site or any
portion thereof, or any software available on or through the Site,
in violation of the export control laws or regulations of the United
States.
5. No
Legal Advice or Attorney-Client Relationship.
Information contained on or made available through the Site is not
intended to and does not constitute legal advice, recommendations,
mediation or counseling under any circumstance. The Site and your
use thereof does not create an attorney-client relationship. We do
not warrant or guarantee the accurateness, completeness, adequacy or
currency of the information contained in or linked to the Site. Your
use of information on the Site or materials linked to the Site is
entirely at your own risk. You should not act or rely on any
information on the Site 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 our clients.
6. Forms,
Agreements & Documents
We may make available through the Site sample forms, checklists,
business documents and legal documents (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, currentness, accuracy, and/or appropriateness.
THE DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH “ALL
FAULTS”, AND WE 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.
7. Linking
to the Site.
You may provide links to the Site, provided (a) that you do not
remove or obscure, by framing or otherwise, the copyright notice or
other notices on the Site, (b) your site does not engage in illegal
or pornographic activities, and (c) you discontinue providing links
to the Site immediately upon request by us.
8. Certain
Confidentiality Issues.
Choosing an attorney is a serious matter and should not be based
solely on information contained on the Site or in advertisements and
may not be accomplished by sending us confidential information
related to you and/or your company unless we have expressly
authorized the submission of such information by written
authorization. You may send us e-mail. 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 e-mail because your communication will not
be treated as privileged or confidential. If you communicate with us
by e-mail in connection with a matter for which we already represent
you, you should note that the security of Internet e-mail is
uncertain. By sending sensitive or confidential e-mail messages
which are not encrypted, you accept the risks of such uncertainty
and possible lack of confidentiality over the Internet.
9. Designation.
To the extent the Bar Rules in your jurisdiction require us to
designate a single attorney responsible for this site, we designate
Brett Alcala who can be reached by following
this link.
10. Use
In Other Jurisdictions.
We practice law only in jurisdictions in which we are properly
authorized to do so. We do not seek to represent anyone in any
jurisdiction where the Site does not comply or is in any way
inconsistent with the rules governing communication of legal
services in a particular state. We are 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.
11. Errors,
Corrections and Changes.
We do not represent or warrant that the Site will be error-free,
free of viruses or other harmful components, or that defects will be
corrected. We do not represent or warrant that the information
available on or through the Site 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. We may make changes to the features, functionality or
content of the Site at any time. We reserve the right in our sole
discretion to edit or delete any documents, information or other
content appearing on the Site.
12. Third
Party Content.
Third party content may appear on the Site or may be accessible via
links from the Site. We are not responsible for and assume 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 our belief.
13. Unlawful
Activity.
We reserve the right to investigate complaints or reported
violations of this Agreement and to take any action we deem
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,
email addresses, usage history, IP addresses and traffic
information.
14. Indemnification.
You agree to indemnify, defend and hold us and our 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 Site.
15. Disclaimer.
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. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT
NOT AS A LIMITATION THEREOF, WE AND OUR 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 US 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 US 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.
16. Limitation
of Liability
(a)
We 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 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 an Affiliated Party.
(b)
THE AGGREGATE LIABILITY OF US 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 US AND ANY AFFILIATED PARTY.
17. Use
of Information/Privacy Policy.
We reserve the right, and you authorize us, to the use and
assignment of all information regarding Site uses by you and all
information provided by you in any manner consistent with our
Privacy Policy. Our Privacy Policy as it may change from time to
time, is a part of this Agreement. You may review this Privacy
Policy by clicking on
this link.
18. Links
to other Web Sites.
The Site may contain links to other Web sites. We are 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 our Site does not imply approval or endorsement of the
linked Web site by us. If you decide to leave our Site and access
these third-party sites, you do so at your own risk.
19. Legal
Compliance.
You agree to comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your use of the
Site and the Content and Materials provided therein.
20. Miscellaneous.
This Agreement shall be treated as though it were executed and
performed in San Mateo, 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 Site 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 15 and Section 16. 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 Site is in conflict or inconsistent with this
Agreement, this Agreement shall take precedence. Our 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. Our
rights under this Agreement shall survive any termination of this
Agreement.
21. Arbitration.
Any legal controversy or legal claim arising out of or relating to
this Agreement or the Site (excluding legal action taken by us 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 the American Arbitration
Association ("AAA"). 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 San Mateo, California. Each
party shall bear one-half of the arbitration fees and costs incurred
through AAA, and each party shall bear its own attorneys’ fees.
