Website Disclaimer, Terms & Conditions of Use

Advocate Law Group P.C.
Website Disclaimer, Terms & Conditions of Use
As of August 22, 2019

 

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 other website sponsored by Advocate containing this Website Disclaimer, Terms and Conditions of Use the user or viewer of our Sites (“you”) is 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 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 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, or otherwise in any way inactivating any portion of 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, 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 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 COUNSELING 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 in 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 and 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 such information unless we have expressly authorized the submission of such information in writing. You may send us e-mail or text us for bona fide purposes. 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, text or other means because your communication may not be treated as privileged or confidential. If you communicate with us by e-mail or text in connection with a matter for which we already represent you, you should note that the security of Internet e-mail and texts is uncertain. By sending sensitive or confidential e-mail or text messages which are not encrypted, you accept the risks of such uncertainty and possible lack of confidentiality over the Internet.

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 Bar 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 jurisdiction. 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 communication of legal services in that jurisdiction.

Outdated Material, Errors and Corrections

Although we try very hard to avoid errors or present outdated information, the law is constantly changing and in flux, 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 work hard 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 members of the Advocate Law Group Network.

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 AND DOCUMENTS 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 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, 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, 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 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 rules 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.

 

Principal Office:
2330 Marinship Way, Suite 120 – Sausalito, California 94965

Other Locations:
78-365 Highway 111, Suite 315 – La Quinta, CA 92253
43 West 43rd Street, Suite 84 – New York, NY 10036