Last Update: July 2020
If you are an individual accessing or using the site on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”), then you are agreeing to this agreement on behalf of yourself and such organization, and you represent and warrant that you have the legal authority to bind such organization to this agreement. References to “you” and “your” in this Agreement will refer to both the individual using the Site and to any such Organization. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. Acceptance of Agreement.
By using the Site, you agree to the terms of this Agreement and to any additional terms, conditions, rules, and guidelines that we post on the Site, or otherwise, make available to you. This Agreement hereby incorporates by this reference any such additional terms, conditions, rules, and guidelines. We may make changes to this Agreement from time to time, and we may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement on the Site. When we update this Agreement, we will update the date at the beginning of this Agreement. Your use of the Site following any changes to this Agreement will constitute your acceptance of those changes. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. We may, at any time and without liability, modify or discontinue all or part of the Site; refuse to provide any user with access to the Site; charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.
The Site is controlled and/or operated from the United States, and is not intended to subject us to non-U.S. jurisdiction or laws, except as otherwise expressly stated in this Agreement. The Site may not be appropriate or available for use in some jurisdictions outside of the United States. If you use the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules, and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
The content, articles, documents, information, materials, organization, graphics, design, compilation, and other matters related to the Site (collectively “Content”) are protected under applicable copyrights, trademark, and other proprietary rights. The copying, redistribution, use, or publication of Content is prohibited. By visiting and viewing the Site you do not obtain ownership rights in any of the Content. The creation of Content and posting of information on the Site does not constitute a waiver of any right in and to such information or Content.
4. No Legal Advice.
We provide users of the Site with access to Content and general information about us. While the information on the site may concern legal issues, such information is provided by us only for educational purposes and does not constitute legal advice, mediation, or counseling under any circumstance and should not be considered a substitute for advice from qualified counsel. The Site and Content and your use thereof, does not create an attorney-client relationship. Your use of information on the Site or materials linked to the Site, including those from third-parties, is entirely at your own risk. Because the information provided on the Site is general in nature, you should not rely or act on any information or Content provided on the Site without first seeking the advice of a competent attorney. The Content provided on the Site is not intended to be predictive of future results or outcomes in similar circumstances to your own, or offer any type of guarantee or assurance of an outcome.
5. Information Submitted Through the Site.
You represent and warrant that any and all information you provide in connection with your visit and use of the Site is and will remain at all times true, accurate, and complete. You agree to maintain and update such information regularly. If you choose to make any of your personally identifiable information public, through the use of this Site, you do so at your own risk.
7. Limited License and Permitted Uses.
By visiting this Site you are granted a nonexclusive, nontransferable, and revocable license to (i) access the Site and its Content in accordance with this Agreement; (ii) use this Site solely for non-commercial purposes; and (iii) to print out discrete information from the Site which may be used solely for internal, personal, noncommercial purposes and provided that you maintain all copyright and other policies contained therein. No printout Content or information may be used by you in arbitration or litigation under any circumstances. Notwithstanding the foregoing, we may provide some Content of the Site may include Documents (as defined below) that are made available for you to use. You may use those Documents pursuant to the terms, conditions, and disclaimers set forth in Section 9 of this Agreement, and subject at all times to the terms of this Agreement or the Site in connection with those Documents.
8. Prohibitions and Restrictions of Use
The limited license described in Section 7 above, is subject to the following prohibitions and restrictions: you may not (i) copy, print, republish, display, distribute, transmit, sell, loan, or otherwise make available by any means a portion of the Site or Content therefrom (except as permitted in Section 7 above); (ii) use the Site or Content to develop a storage and retrieval system, database, information base, or similar resource that is offered for commercial distribution of any kind; (iii) create compilations or derivative works of any Content; (iv) use Content to infringe on any copyright, trademark, proprietary right, intellectual property right, or right of use held by us; (v) use any automatic or manual process or software to harvest information of any kind from the Site; (vi) use the Site to gather information in order to transmit unsolicited emails, deceptive addressing, and other unsolicited communications; (vii) use this Site in any manner that violates federal or state laws or regulations.
9. Documents, Forms, and Agreements.
Content may include documents, surveys, checklists, and forms (collectively “Documents”). All Documents are being provided to you on a nonexclusive license based on your one-time personal use for a noncommercial purpose. There is no right to relicense, sublicense, distribute, assign, or transfer such license of use. Any Document provided on the Site is done without any representations or warranties, whether express or implied, as to their legal effect, completeness, accuracy, suitability, and/or appropriateness. Documents are provided on an “as is” and “as available” basis and with “all faults” and we disclaim any warranties and fitness for any particular purpose.
10. Links on the Site & Linking to the Site.
We may provide links to a third-party website on the Site. These links are provided only as a convenience. Linked websites are not reviewed, controlled, or examined by us and we are not responsible for the information, advertising, products, resources, or other materials, of any linked site or any link contained in a linked site. The inclusion of any link does not imply an endorsement by us. In addition, your use of any linked site is subject to the terms and conditions applicable to that site, not our Agreement. Additionally, you may provide links to the Site, provided that you do not obscure the notices of the Site including copyrights notices, and discontinue providing links to the Site immediately upon request from us.
We may disclose information regarding your access to and use of the Site, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
12. Proprietary Rights.
You acknowledge and agree that the Site and any necessary software or Content provided therein may contain proprietary and confidential information that is protected by applicable copyright, trademark, intellectual property, and other laws. You further acknowledge and agree that the content provided by third parties or sponsored advertisements or information provided to you through the Site is protected by the same rights described above. All trade names, trademarks, service marks, and logos on the Site not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks, or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any license or right to use any trade names, trademarks, service marks, or logos without the express prior written consent of the owner.
13. Disclaimer of Warranties.
BY USING OUR WEBSITE, YOU ACCEPT THAT THE CONTENT AND INFORMATION PROVIDED ON THE SITE IS PROVIDED TO YOU “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. THE CONTENT AND SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES OR INACCURACIES OF SITE CONTENT. WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SITE AND ANY SERVICES, THIRD PARTY MATERIALS AND OTHER INFORMATION AND MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND ARE MADE FOR THE BENEFIT OF US AND OUR AFFILIATED PARTIES, AGENTS, DIRECTOR, EMPLOYEES, SUPPLIERS OR LICENSORS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SITE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (i) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SITE, AND (ii) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE.
THIS SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You agree to defend, indemnify and hold us, our partners, employees and agents harmless from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising from or connected with any information you submit, post, or transmit through our site, your use or misuse of our website, your violation of this Agreement, or your violation of any rights of another person or entity.
This Agreement is effective until terminated. We may, at any time and for any reason (including if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement), terminate or suspend your access to or use of the Site. If we terminate or suspend your use of the Site, you hereby waive any claims against us or our affiliated entities with respect to such termination or suspension. We shall not be liable for any termination or suspension of your access to the Site or to any such files, information or materials, and (except as may be required under mandatory applicable law) shall not be required to make such files, information or materials available to you after any such termination or suspension.
16. Governing Law.
The terms of this Agreement and any applicable dispute are governed by and shall be construed in accordance with the laws of the State of California without regards to its principles of conflicts of law.
17. Dispute Resolution.
All disputes arising out of or related to this Agreement whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree to waive the right to trial by a jury. You agree that any arbitration under this agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action. The arbitration will be administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures.
18. Contact Us.
If you have any questions or a complaint regarding this Site or the meaning or application of this Agreement, please direct such questions to firstname.lastname@example.org. E-mail communications are not necessarily secure, so please do not include sensitive information in any e-mail to us.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. 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. This Agreement hereby incorporates by this reference any additional terms that we post on the Site and, is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter.
If any provision of this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. We reserve the right to alter or delete materials from this website at any time at our discretion.
The Site © 2020 Law Finance Group, LLC. All rights reserved.
Law Finance Group, Inc. is a registered investment adviser and an affiliate of Law Finance Group, LLC. The information set forth herein is for informational purposes only and does not constitute investment advice and should not be construed as such. Loans are made or arranged pursuant to a California Financing Law License.