Privacy Policy & Terms of Use

Advocate Law Group P.C

Privacy Policy

Advocate Law Group P.C.

Website Privacy Policy
as of April 8, 2021

This Privacy Policy describes the personally identifiable information that Advocate Law Group P.C. (“Advocate,” “we,” “us”) collects through our websites located at https://Advocate.law and https://AdvocateLawGroup.com (each individually called a “Site”) and the chat and text features associated with each Site, and how we use that information. Please note that this Privacy Policy applies solely to our online information-gathering and dissemination practices in connection with a Site and does not apply to any of our law practices conducted offline. We do not practice law, accept or initiate confidential attorney-client communications, provide legal advice or establish attorney-client relationships over, on or with a Site. If you have any questions or comments about this Privacy Policy or our practices regarding your personally identifiable information, please contact us at info@advocatelawgroup.com.

Information We Collect

Advocate collects two types of information about users of our Site:

  1. Personally identifiable information: In general, you do not have to provide us with your personally identifiable information to visit a Site. However, if you choose to contact us through a Site we may require you to provide personally identifiable information, such as your name, phone number and/or e-mail address. We use such personally identifiable information to respond to your inquiries and to e-mail or text you and/or to send information, newsletters or publications. You may also receive other e-mailings related to Advocate such as articles, updates, or bulletins that we think may be of interest to you. If you decide at any time that you no longer wish to receive mailings or texts from us, please refer to the paragraph below headed “Changing or Deleting Personal Information.” If you contact us by e-mail, chat or text through a Site, we may keep a record of your contact information and correspondence, and we reserve the right to use your e-mail address and phone number, and any information that you provide to us in your message, to respond thereto. In addition, on rare occasions, we may send by e-mail or text important administrative information regarding a Site or services to users who have provided us with their e-mail or text-capable addresses. As this information may be important to your use of a Site, it may not be possible to “opt out” of receiving these e-mails or texts. Our Sites are not directed to minors under eighteen (18) years of age, and Advocate does not knowingly collect personally identifiable information from such minors. If you are younger than 18, please do not provide any personally identifiable information while using a Site.
  2. Non-personally identifiable information: We may use cookies to collect non-personally identifiable information in connection with a Site. Our web pages may incorporate “pixel tags”, “web beacons”, or similar tracking technologies (collectively, “tags”) that allow us or our agents to track the actions of users of a Site as they move through its pages. Tags are used to collect non-personally identifiable information, such as the name of one’s internet service provider, the IP address of the computer accessing a Site, the type of browser and operating system that is being used, the date and time you access a Site, the website address, if any, from which you linked directly to a Site or to which you travel from a Site, and other similar traffic-related information. We may also aggregate your information with similar data collected from other users to help us improve our Site and the services that we provide through a Site. We do not use such data in any way to create or maintain a personal profile of you or collect personally identifiable information from you.

Use of Information

Generally, we do not and will not disclose personally identifiable information that we collect through your use of a Site or its features to unaffiliated third parties although we may transfer such information to current and prospective law firm members of our Advocate Law Group Network when necessary or appropriate to determine if a matter is one we might jointly undertake. We reserve the right, however, to provide such information to our employees, contractors, agents, and designees to the extent necessary to enable them to perform certain Site-related services (e.g., web hosting, improve Site-related services and features, chat services, texting or maintenance services) on our behalf. We also reserve the right to disclose such information to any third party if we believe that doing so is warranted and appropriate, or if we are required to do so for any or all of the following reasons: (i) to comply with applicable laws; (ii) to comply with legal processes or governmental requests; (iii) to prevent, investigate, detect, or prosecute criminal or civil offenses or attacks on the technical integrity of a Site or our network; and/or (iv) to protect the rights, property, or safety of Advocate and/or members of the Advocate Law Group Network and their affiliates, members, and employees, the users of a Site, or the public.

Changing or Deleting Personal Information

If you would like to change your personal information, or if you no longer wish to receive materials from us or want your non-case related personal information that we do not regard as necessary for archival purposes removed from Advocate’s database, please contact us at info@advocatelawgroup.com. Alternatively, when you receive materials from us by e-mail or other communications, you can make use of the “unsubscribe” or “opt out” provision in such communications or notify us by mail at P.O. Box 835, Sausalito, CA 94966-0835 that you no longer wish to receive such materials from us and we will undertake timely effort to comply with your request..

Security

Advocate seeks to adopt commercially reasonable security measures consistent with legal industry practice to assist in protecting against the loss, misuse, and alteration of personally identifiable information which is under our control. Unfortunately, no security system, or system of transmitting data over the Internet, can be guaranteed to be 100% secure. As a result of the foregoing, while we undertake commercially reasonable efforts to protect your personally identifiable information, we cannot guarantee the security of our servers, the means by which information is transmitted between your computer or other device and Advocate’s servers and devices, or any information provided to us or to any third party through or in connection with a Site, including by text or chat. You provide all such information entirely at your own risk. As noted, Advocate does not practice law on or with a Site, and confidential client communications are not provided by or accessible on a Site.

Online Tracking

Advocate does not use a Site to engage in the collection of personally identifiable information about Site users’ online activities over time and/or across third-party websites or online services.

Revisions to Privacy Policy

The Internet is constantly evolving, as are the ways in which people use the Internet and the laws and practices surrounding such use. Advocate therefore reserves the right to update and revise this Privacy Policy at any time. You can determine if this Privacy Policy has been revised since your last visit by referring to the title of this Privacy Policy on the first page which includes the effective date. Your use of our Site constitutes your acceptance of the terms of the Privacy Policy and of the Terms and Conditions as amended or revised by us. You should therefore review this Privacy Policy and the Terms and Conditions regularly to ensure that you are aware of their terms.

Business Transfers

Advocate reserves the right to transfer any and all information that we collect from users, or that we otherwise collect in connection with a Site, including, without limitation, to other current or prospective law firm members of our Advocate Law Group Network and in the event of a sale or transfer of assets or of any portion of our practice, to law firms or other appropriate affiliated or unaffiliated third parties.

Links to Other Sites

Our Site contains links to other websites. We are not responsible for the practices employed by websites linked to or from our websites nor the information or content contained therein. Often links to other websites are provided solely as pointers to information on topics that may be useful to the users of our websites. Please remember that when you use a link to go from one of our websites to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including websites which have a link on our website, is subject to that website’s own rules and policies. We encourage you to read the privacy statements of all the destination websites you visit.

Questions and Updates

If you have any questions or suggestions about our privacy practices, or you wish to update or correct any personally identifiable information that you have chosen to provide us via a Site, please feel free to contact us at questions@advocatelawgroup.com.


GDPR Notices

Website not for Client Operations or Confidentiality

Our websites at https://Advocate.Law and https://AdvocateLawGroup.com are for informational purposes only and do not accept, acknowledge, or process attorney-client or confidential communications, transactions or data.  Please contact our attorneys or professional staff directly at questions@advocatelawgroup.com for the conduct of any professional business or communications.

 Our Commitments under EU GDRP and Other Applicable Non-US Regulations

We maintain a robust security and privacy program that carefully considers data protection matters.  Our firm is subject to the investigatory and enforcement powers of the State Bar of California and potentially to bar regulatory agencies and other entities of multiple jurisdictions, and our website is also subject to applicable regulations of the United States Federal Trade Commission (FTC) and other appropriate authorities. If and when applicable, we will seek to comply with the European Union’s (“EU”) General Data Protection Requirements (GDPR) for adequate protection in the transfer of personal information from the EU to a third country.  We are prepared to cooperate with EU data protection authorities (DPAs) with regard to sensitive personal data transferred from the EU, if any.

Special Note to Users Outside of the United States

We represent clients nationally and internationally and transact business on behalf of clients operating throughout the world, and our attorneys travel outside the United States. We have communications that cross borders.  However, our offices are located only in the United States, and our servers are located in the United States.  We do not normally transfer any personal data outside of the United States, except to Advocate’s attorneys or staff when they are outside the United States, or to current or prospective members of the Advocate Law Group Network when necessary to provide or consider representation, or to you (if applicable) or with your authorization.

If you reside in the European Union, please be advised that your personal data, if any, will be processed outside of the European Economic Area (EEA).  We do not process, store or transfer data within the EEA.  We will take steps to the effect that your information is adequately protected and processed in accordance with this Privacy Policy.  Please contact us at questions@advocatelawgroup.com if you want further information on the specific mechanisms used by us if transferring your personal data out of the EEA.



Terms & Conditions of Use

Advocate Law Group P.C.
Website Disclaimer, Terms & Conditions of Use,

Including ARBITRATION Provisions

As of April 8,2021

Welcome to the Advocate Law Group P.C.  (“Advocate”, “we”, “us”, “our”) websites located at www.AdvocateLawGroup.com and www.Advocate.law (each a “Site” and more than one as the “Sites”). By using a Site or any feature on a Site (including Chat or Text), or any other website sponsored by Advocate containing this Website Disclaimer, Terms and Conditions of Use as the user or viewer of a Site (“you”) are agreeing to comply with and be bound by the following terms and conditions of use including the provisions for Binding Arbitration. Please review the following terms and conditions carefully. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU SHOULD NOT USE ANY OF OUR SITES.

 Acceptance of Agreement

You agree to the terms and conditions set forth in this Terms of Use Agreement (“Agreement”) with respect to our Sites. 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 Sites and the subject matter of this Agreement. This Agreement may be amended prospectively at any time by us without specific notice to you. The latest version of the Agreement will be posted on each Site, and you should review the latest version of this Agreement prior to using a Site.

Copyright and Trademark

ADVOCATE LAW GROUP, ADVOCATE.LAW and ADVOCATE DOT LAW are trademarks of Advocate Law Group P.C., a California Professional Law Corporation. All content, organization, graphics, designs, forms, digital conversion and other matters related to the Sites 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 Sites, except as specifically authorized on a page of the Site, is strictly prohibited. You do not acquire ownership rights to any article, document or other materials viewed or accessed through a Site. The posting of information or materials on a or Site does not constitute a waiver of any right in such information and materials. Some of the content on a Site may be the copyrighted work of third parties.

Limited License; Permitted Uses

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Sites solely in accordance with this Agreement; (b) to use the Sites solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Sites 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 a Site or its contents (other than these Website Terms & Conditions of Use) may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Restrictions and Prohibitions on Use

Your license for access and use of the Sites 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:

  • Use a Site for any fraudulent or unlawful purpose.
  • Interfere with or disrupt our operation of a Site.
  • Transmit or otherwise make available in connection with a Site any virus, worm, trojan horse, or other harmful code.
  • Restrict or inhibit any other person from using or accessing a Site, including by means of hacking into, defacing, dismantling, creating a denial of service attack, or otherwise in any way interfering with any portion of a Site or access to a Site.
  • Interfere with or violate in any way any other Site visitor’s or user’s right to privacy or other rights, harvest or collect personally identifiable information about Site visitors or users, or about Advocate attorneys, other employees or representatives identified on the Site, without their and Advocate’s express written consent.
  • Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of a Site or any Content and Materials contained within a Site by any method, including but not limited to using any network monitoring or discovery software to determine either of the Site’s architecture.
  • Frame or mirror all or any part of a Site without our prior express written authorization.
  • Copy, print (except for the express limited purpose permitted by the “Limited License; Permitted Uses” Section, 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 a Site or any Content and Materials retrieved therefrom.
  • Use a Site or any materials obtained from a Site to develop, or use 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.
  • Create compilations or derivative works of any Content and Materials from a Site.
  • Use any Content and Materials from a Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties.
  • Remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in a Site.
  • Use a Site for the purpose of gathering information for or transmitting (1) unsolicited commercial e-mail; (2) e-mail that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions.
  • Use a Site in a manner that violates any state or federal or other applicable law regulating e-mail, facsimile transmissions or telephone solicitations.
  • Export or re-export a 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.

 No Legal Advice or Attorney-Client Relationship

INFORMATION CONTAINED ON OR MADE AVAILABLE THROUGH A SITE – OR ANY TEXT OR CHAT FEATURES RELATED TO A SITE – IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE OR COUNSEL, NOR DOES IT NECESSARILY REFLECT OUR OPINION, RECOMMENDATION, JUDGMENT AND SHOULD NOT BE RELIED UPON FOR GUIDANCE OR LEGAL COUNSEL UNDER ANY CIRCUMSTANCE.

NEITHER A SITE NOR YOUR USE OF A SITE CREATES AN ATTORNEY-CLIENT RELATIONSHIP. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, ADEQUACY OR CURRENCY OF THE INFORMATION CONTAINED IN OR LINKED TO A SITE. Your use of information on a Site or materials on or linked from or to a Site is entirely at your own risk. You should not act or rely on any information on a Site without seeking the advice of a competent attorney licensed to practice in your jurisdiction who you have retained to handle your particular matter. The information contained herein does not necessarily reflect the opinion of any member or associate attorney or professional of Advocate or any member of the Advocate Law Group Network or any client or adversary of any of our clients. To the extent a Site (or any attachment) addresses any tax matter, it is not intended to be (and may not be) relied upon to (i) avoid tax-related penalties under the Internal Revenue Code or other law, or (ii) to promote, market or recommend any transaction or matter.

Certain Confidentiality Issues

Choosing an attorney is a serious matter and should not be based solely on information contained on a Site or in advertisements. You do not become a client merely by sending us confidential information related to you and/or any firm with which you may be associated. Please do not send us information you regard as confidential until and unless we have expressly authorized the submission of such information in writing. You may use chat features on a Site or email us or text us for bona fide purposes, however such features may be provided or hosted by or otherwise involve third parties and may not be fully secure, and thus should not contain information you regard as confidential.

If you communicate with us in connection with a matter for which we do not already represent you, do not send us confidential or sensitive information via mail, e-mail, text, chat or other means because your communication may not be treated as privileged or confidential. If you communicate with us by e-mail, text or chat in connection with a matter for which we already represent you, you should note that the security of Internet e-mail, chat and texts is uncertain. By sending sensitive or confidential email, chat or text messages which are not encrypted, you accept the risks of such uncertainty and possible lack of confidentiality over the Internet.  Although Advocate takes what it and/or its consultants regard as commercially reasonable efforts to secure its websites and servers, anything online or accessible online is potentially subject to hacking and decryption, and thus Advocate is unable to guarantee total security of information.

Linking to a Site

You may provide links to a Site, provided (a) that you do not remove or obscure, by framing or otherwise, the copyright notice or other notices on a Site, (b) your site does not engage in illegal, unethical, pornographic activities or permit or suffer hate speech or encourage or suggest discrimination on the basis of race, color, creed, gender, gender identity, national origin, or political belief, and provided that you must immediately remove any and all links to one or more of our Sites upon our request.

Designation

To the extent the laws, Bar or Court Rules in a jurisdiction require designation of a single attorney responsible for this Site, we designate our member Gerry H. Goldsholle, Esq. an attorney duly licensed in California and New York and a member of the bar of the Supreme Court of the United States; his mailing address for this purpose is c/o Advocate Law Group P.C., P.O. Box 835, Sausalito, CA 94966-0835.

Use In Other Jurisdictions

We practice law only in jurisdictions in which we are properly authorized to do so and in collaboration with authorized counsel in any other jurisdictions. We do not seek to represent anyone in any jurisdiction where a Site does not comply or is in any way inconsistent with the rules governing provision or communication of legal services in that jurisdiction.

Outdated Material, Errors and Corrections

Although we try to avoid errors or present outdated information on a Site, the law is dynamic and constantly changing, and the information on a Site, Contents and Materials, and Documents may not be complete or accurate depending on a particular legal issue. Each legal issue is highly factually based, and different jurisdictions have different laws and regulations. A Site may contain errors, material or information that is incorrect or has become outdated as a result of the passage of time, changes in statutes, new court decisions or administrative agency actions. While we try to keep our Sites and the information we present current and error free, and endeavor to make prompt corrections to any item on our Sites that we recognize should be changed, we are unable to assure you that what appears on a Site is correct or our latest thinking on the subject. We do not represent or warrant that the information available on or through a Site is or will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality, or content of a Site at any time and reserve the right in our sole discretion to edit or delete any documents, information, or other content appearing on one or more of the Sites.

Possible Viruses and Malware

We work very hard to keep our Sites free of viruses and malware and other harmful components, yet it is impossible to assure that our Sites, or any site, will remain free of viruses and harmful elements, or that we will be able to remove such elements or defects. While we would try to immediately have any harmful elements promptly removed should we be notified of a problem, any and all use of a Site is at the user’s own risk.

Third Party Content

In certain instances, third party content may appear on one or more of the Sites or may be accessible via links from a Site. We are not responsible for and assume no liability for any third-party content. You understand and acknowledge that the information and opinions in any third-party content, represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect the belief of Advocate, its attorneys or any member of the Advocate Law Group Network or its attorneys.

Unlawful or Abusive Activity

We reserve the right to investigate complaints or reported violations of this Agreement or abuse to a Site, 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, e-mail addresses, usage history, IP addresses and traffic information.

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 or abuse of one or more of the Sites.

Warranty Disclaimer

THE INFORMATION, CONTENT, DOCUMENTS AND FEATURES FROM OR THROUGH A 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, FEATURES AND SITES MAY CONTAIN BUGS, VIRUSES, TROJANS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER, EXCEPT AS PROVIDED IN THE “LIMITATION OF LIABILITY” SECTION BELOW. 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 A 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 OR TROJANS OR OTHER HARMFUL ELEMENTS CONTAINED ON A SITE OR WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Limitation of Liability

Neither Advocate nor its members, attorneys, employees, staff and agents nor any member of the Advocate Law Group Network (collectively the Affiliated Parties) shall 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 a Site or information obtained from a Site, (ii) the unavailability or interruption of a Site or any features thereof, (iii) your use of a Site, (iv) the content contained on a Site, or (v) any delay or failure in performance beyond the reasonable control of us or any of our agents or Affiliated Parties.

THE AGGREGATE LIABILITY OF ADVOCATE AND ANY AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO ONE OR MORE OF OUR SITES SHALL NOT EXCEED $1,000 (ONE THOUSAND DOLLARS) AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND/OR ANY AND ALL AFFILIATED PARTIES

Use of Information/Privacy Policy

We reserve the right, and you authorize us, to use and assign any and all information regarding your use of a Site and all information provided by you in any manner consistent with our Privacy Policy which we may change from time to time. That Privacy Policy, as in force from time to time, shall be a part of this Agreement. You may review our Privacy Policy by clicking on the foregoing link.

Links to other Websites

Our Sites may contain links to third party websites. We are not responsible for the content, accuracy or opinions express in such third-party websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by us. Inclusion of any link to a website on a Site does not imply approval or endorsement of the linked website by us. If you decide to leave one of our Sites and access these third-party sites, you do so at your own risk.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of a Site and the Content and Materials provided therein.

Jurisdictional Issues

The Sites are controlled and operated by Advocate from its principal office in Sausalito, California, U.S.A. and are not intended to subject Advocate to the laws or jurisdiction of any state, country, or territory other than that of California and of the United States of America. Advocate does not represent or warrant that a Site, its Features, the Content, or the Materials, or the Documents, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access a Site, its Features, the Content, the Materials, and/or the Documents do so on their own initiative and at their own risk and are responsible for complying with all applicable laws. We may limit the availability of a Site or its Features to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion. You agree not to transport, import, export or re-export all or any part of the Content and Materials and/or the Documents to (or to a national or resident of), or to use all or any part of the Materials from any country to which the United States has embargoed goods or any person or entity on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, and you represent, warrant, and covenant to us that you are not located in or under the control of any such country or on any such list.

Governing Law and Binding Arbitration

This Agreement is governed by and shall be construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law.

Any legal controversy or legal claim arising out of or relating to this Agreement or a Site or the Materials (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 then applicable commercial arbitration rules of JAMS, see https://www.jamsadr.com/. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated or advanced in any class or similar action in any arbitration or otherwise with any claim or controversy of any other party.

Except as the parties may otherwise agree, the arbitration shall be conducted in San Francisco, California. Each party shall bear one-half of the arbitration fees and costs and each party shall bear its own attorneys’ fees.

If for any reason JAMS cannot conduct the arbitration, unless the parties mutually select another binding arbitration forum, the parties shall use the arbitration services of ADR Services Inc.’s San Francisco office under its then applicable individual arbitration rules, see https://www.adrservices.com/services/arbitration-rules/. The parties waive any jurisdictional, venue or inconvenient forum objections to JAMS or ADR Services Inc. arbitration.

Miscellaneous

Any cause of action by you with respect to a 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 the “Warranty Disclaimer” and “Limitation of Liability” sections, above. 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 a 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. Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of this Agreement. Our rights under this Agreement shall survive any termination of this Agreement.

 Mailing Address of Advocate’s Principal Office:
Post Office Box 835 – Sausalito, California 94966-0835

Advocate and/or its Principals also may be available at and/or contacted through the following addresses:
78-365 Highway 111, Suite 315 – La Quinta, CA 92253
43 West 43rd Street, Suite 84 – New York, NY 10036