This Web site (the “Site” or “MILLERBARONDESS.COM”) is an online service provided by Miller Barondess, LLP (“The Firm”) that contains information about legal services and other related matters.
1. THIS IS A BINDING AGREEMENT
This Terms and Conditions of Use (“Agreement”) between you and THE FIRM sets forth the general terms and conditions governing your use of MILLERBARDONESS.COM, currently located at URL http://millerb.wpengine.com, and the services available on the Site. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE FIRM SITE. As used in this Agreement “we,” “us,” or “our” refers to THE FIRM.
THE FIRM RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF THE FIRM SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
2. GENERAL INFORMATION
THE CONTENT CONTAINED IN THIS SITE, INCLUDING BUT NOT LIMITED TO, TEXT, GRAPHICS, IMAGES, INFORMATION OBTAINED FROM LICENSORS, LINKS AND OTHER MATERIAL (“CONTENT”), IS INTENDED FOR INFORMATIONAL PURPOSES ONLY.
3. PERSONAL AND NONCOMMERCIAL USE
The Site is for your personal use. As a condition to your continued use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.
4. RIGHT TO USE
We hereby grant you the right to view and use this Site subject to the terms and conditions of this Agreement. We reserve the right to add new features to the site and remove current features from the site without notice. You may download and/or print a copy of information provided in this Service for Your personal use only in a manner consistent with Section 12 (Copyright) below.
5. DISCLAIMER; NO WARRANTIES
MILLERBARONDESS.COM is provided “AS IS” and “AS AVAILABLE” without warranty of any kind, either express or implied, including but not limited to, warranties of merchantability, fitness for a particular use or purpose, title, infringement, accuracy, reliability, completeness, timeliness, usefulness, adequacy or suitability of the Content. THE FIRM and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data or inability to access data. THE FIRM and Information Providers do not warrant or guarantee that the functions performed in MILLERBARONDESS.COM will be uninterrupted or error-free or that defects in MILLERBARONDESS.COM will be corrected. Users of MILLERBARONDESS.COM are responsible for (a) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and (b) maintaining a means external to THE FIRM for the reconstruction of any lost data.
You acknowledge that, in connection with the Site, information will be transmitted over local exchange, inter-exchange and internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control of THE FIRM. Accordingly, THE FIRM assumes no liability for or related to the delay, failure, interruption, interception or corruption of any data or other information transmitted in connection with the Site. THE FIRM and Information Providers cannot and do not guarantee or warrant that any files available for downloading from this Site will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.
THE FIRM reserves the right to change or discontinue any aspect or feature of the Site at any time.
You are encouraged to use discretion while browsing the Internet on searches initiated at MILLERBARONDESS.COM. MILLERBARONDESS.COM links may lead unintentionally to sites containing information that contains inaccurate information, false or misleading advertising or information that violates copyright, libel or defamation laws. THE FIRM and Information Providers make no representations concerning any effort to review all of the content of sites for which links are provided on the Site. THE FIRM does not in anyway operate, control or endorse any information, products or services provided by third parties through the Internet. The inclusion of any link to the Site does not imply an endorsement by MILLERBARONDESS.COM or THE FIRM, but is for your reference and convenience only.
7. REVIEW OF POSTINGS AND UPLOADS
THE FIRM does not and cannot review all communications and materials posted or uploaded to MILLERBARONDESS.COM and is not responsible for the content of these communications and materials. However, THE FIRM reserves the right to remove or block communications or materials that it determines, in its sole discretion, to be (a) abusive, libelous, defamatory or obscene; (b) fraudulent, deceptive or misleading; (c) in violation of a copyright or trademark or other intellectual property right of another; or (d) offensive or otherwise unacceptable to THE FIRM. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
8. USER’S AGREEMENT
You agree to: (a) maintain all equipment required for your access to and use of MILLERBARONDESS.COM; (b) not introduce onto the Site or to users of the Site computer viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties; and (c) be responsible for all charges resulting from use of your MILLERBARONDESS.COM.
11. USER REPRESENTATIONS
You represent and warrant that you possess the legal right and ability to enter into this Agreement and to use MILLERBARONDESS.COM in accordance with this Agreement.
All the Content comprising this Site, including but not limited to, all the graphs, graphics, photographs, texts, sounds, data, audio and video clips available on this Site, is the property of THE FIRM or its licensors or content suppliers, and is protected by U.S. and international copyright laws. The compilation, collection, selection, arrangement, assembly and coordination of all content available on this Site is the exclusive property of THE FIRM and protected by U.S. and international copyright laws. Information received through this Site may be displayed, reformatted and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the information received through this Site to anyone. Any copy made of information obtained through this Site must include the copyright notice.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE FIRM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT (INCLUDING INFRINGEMENT OF ANY THIRD PARTY’S U.S. AND/OR WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT).
14. WAIVER, RELEASE AND LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER THE FIRM, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF MILLERBARONDESS.COM. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE FIRM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE MILLERBARONDESS.COM INCLUDING ALL DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION ARISING FROM ANY USE OF OR INABILITY TO USE ANY CONTENT OR OTHER PARTS OF THE MILLERBARONDESS.COM, ARE HEREBY EXCLUDED EVEN IF THE FIRM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. THIRD PARTY RIGHTS
The provisions of paragraphs 13 (Indemnification) and 14 (Waiver, Release and Limitation of Liability) are for the benefit THE FIRM and its officers, directors, employees, agents, licensors, suppliers and Information Providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
16. TERM; TERMINATION
Either you or THE FIRM may terminate your right to use MILLERBARONDESS.COM at any time, with or without cause, upon notice. THE FIRM also reserves the right to terminate or suspend your access to the site, but THE FIRM will confirm such termination or suspension by subsequent notice. The provisions of paragraphs 12 (Copyright), 13 (Licenses and Idea Submissions), 13 (Indemnification), 14 (Waiver, Release and Limitation of Liability), 15 (Third Party Rights), and 17 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of California. You agree that any legal action or proceeding between you and THE FIRM for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California. Any cause of action or claim you may have with respect to THE FIRM must be commenced within one (1) year after the claim or cause of action arises. THE FIRM’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
THE FIRM may assign its rights and obligations under this Agreement to any party at any time without notice to you and upon such assignment THE FIRM shall be relieved of any further obligation hereunder.
THE FIRM may deliver notice to you under this Agreement by means of electronic mail, a general notice on THE FIRM, or by written communication delivered by first class U.S. mail to your address on record in THE FIRM���s account information. You may give notice to THE FIRM at any time via electronic mail to THE FIRM or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:
Louis R. (Skip) Miller
Miller Barondess, LLP
1999 Avenue of the Stars, Suite 1000
Los Angeles, CA 90067
The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.
All Content of the Site is copyright 2013 MILLER BARONDESS, LLP.
All rights reserved.