LAST UPDATED: 10/24/2016
1. Acceptance of Terms. By using the Site, you agree to the terms of this Agreement and to any additional rules and guidelines that we post on the Site. We may make changes to this Agreement from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement on the Site. You can determine when we last changed this Agreement by referring to the “LAST UPDATED” legend above. Your use of the Site following changes to this Agreement will constitute your acceptance of those changes. We may, at any time, modify or discontinue all or part of the Site; refuse to provide any user with access to the Site; charge, modify, or waive fees required to use the Site; or offer opportunities to some or all Site users.
2. Jurisdiction. The Site is controlled and/or operated from Los Angeles, California, and is not intended to subject us any jurisdiction or laws outside California. The Site may not be appropriate or available for use in some jurisdictions outside of the United States. If you access 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. This website shall not be deemed to be an offer to practice law in any state other than California, and is for information purposes only. Kuzyk Law does not wish to represent anyone desiring representation based upon viewing this website in any state other than California.
3. Advertisement. The website, and all pages therein, is deemed an advertisement under the California Rules of Professional Conduct governing attorneys. In accordance with California Business and Professions Code, you are advised that the contents of this website constitute attorney advertising and that prior results do not guarantee a similar outcome, even if matters are very similar.
4. No Guarantee. No information herein should be deemed to be a guarantee, warranty or prediction regarding the result of any case prior to its full and final resolution. No testimonial or endorsement contained within this website constitutes a guarantee, warranty, or prediction regarding the outcome of your legal matter. Any testimonial or information regarding any settlement, verdict or other outcome for a client of the firm does not constitute a guarantee, warranty or prediction regarding the outcome of your legal matter, or any legal matter other than the specific matter referred to in such testimonial or information. The firm cannot guaranty, warrant or predict the outcome of any future matter.
5. Contingent Fee Arrangements. We typically agree to contingent fee arrangements when we agree to represent a client pursuant to our written fee agreement (which is the only way any attorney-client relationship is created with us or any agreement for us to provide legal services is formed). In such case, and if and only if we agree to accept such an engagement on a contingent fee basis, the client is not responsible to pay any fee to Kuzyk Law unless there is a recovery, and the client shall not be responsible to reimburse Kuzyk Law unless there is a recovery, or, if permitted by applicable law, unless the client terminates Kuzyk Law’s representation prior to the full and final resolution of the legal matter.
6. Description of the Services. We provide users of the Site with access to general information and services about us, including without limitation: (a) information such as newsletters, legal updates, articles, attorney profiles, event details, videos, photos, text, data, and other similar content and (b) services such as event registration, subscription management, research tools, video players, and links to third-party websites (such information and services, collectively, the “Services”).
WHILE THE INFORMATION ON THE SITE CONCERNS LEGAL ISSUES, IT IS NOT LEGAL ADVICE. MOREOVER, USE OF THE SITE IS NOT INTENDED TO CONSTITUTE, AND DOES NOT CONSTITUTE, A SOLICITATION FOR THE FORMATION OF AN ATTORNEY-CLIENT RELATIONSHIP; NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED THROUGH YOUR USE OF THE SITE. Moreover, neither receipt of information presented on this site nor any email or other electronic communication sent through this site will create an attorney-client relationship, and any such email or communication will not be treated as confidential. We shall not be deemed to have accepted an engagement to provide legal services to any person, unless a written agreement has been entered into between us and such person, and such written agreement is signed by an authorized representative of Kuzyk Law and such person. Nothing herein should be interpreted as a promise that we will accept any particular engagement, or that any attorney-client relationship exists or is created by this website. No user of this site should act or refrain from acting on the basis of information included on this site without seeking legal advice of counsel in your own jurisdiction. We expressly disclaim all liability in respect of actions taken or not taken based on any contents of this site.
8. Confidential Information; No Attorney-Client Relationship. Kuzyk Law periodically publishes or posts articles, presentations or news spots and other information on this website to apprise clients and others about new developments of interest to potential clients. Neither transmission nor receipt of this information creates an attorney-client relationship with Kuzyk Law. Individuals or entities contacting this site should not assume that they have retained Kuzyk Law to represent them or render services until such time, if ever, as Kuzyk Law and the individual or entity in question execute a written retainer agreement. All information provided on this website is general in nature, may not be current in terms of recent developments in the law, and does not constitute legal advice regarding any specific or general matter or issue. Individuals or entities obtaining information from this website should not act on it without first obtaining advice from legal or other professional counsel regarding the law applicable to a particular set of facts. In no event will Kuzyk Law be liable for any direct or indirect damages resulting from an individual’s or entity’s use of information from this website.
PLEASE NOTE: Despite appropriate precautions, email and other forms of electronic communications cannot be completely protected against disclosure to someone other than the intended recipient. As a result, we cannot and do not make any representation that emails transmitted are entirely private. If you communicate with us by email or through our website in connection with a matter for which we already represent you, you should note that the security of Internet email is uncertain. By sending sensitive or confidential email messages that are not encrypted, or by submitting information through the website, you accept the risks of such uncertainty and possible lack of confidentiality over the Internet. You should not transmit any information by email or through our website that you deem to be confidential until you have established an attorney-client relationship with the firm, which cannot be created except by a written agreement signed by you and the firm. By accepting the terms of this Disclaimer, you acknowledge that the firm has no obligation to maintain the confidentiality of any information you transmit to us unless we have already agreed to represent you or we later agree to do so. You may send us email or communicate with us through this website. 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 email because your communication will not be treated as privileged or confidential. By using this website, you agree and acknowledge that no attorney-client relationship is created unless until a written retainer agreement is signed by you and us, even if you transmit information to us via email or this website, and even if we respond to your transmittal.
9. Rules of Conduct. While using the Site you will comply with all applicable laws, rules, and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Site pursuant to Section 12 below and civil and potentially criminal liability. You agree that you will not:
- Use the Site for any fraudulent or unlawful purpose.
- Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
- Transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
- Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
- Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site. every page on the site is copywritten by Kuzyk Law, LLP.
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site.
- Remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.
- Frame or mirror any part of the Site without our express prior written consent.
- Create a database by systematically downloading and storing Site content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances.
10. Accuracy of Information. We attempt to ensure that information on this Site is complete, accurate, and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currentness of any information on this Site.
11. Our Proprietary Rights. We own the information and materials made available through the Site. We reserve all rights to the information and materials on this Site, and you agree not to reproduce, modify, distribute or publish all or any part of the Site or any information or materials made available through the Site. The entire site is protected by our copyrights.
Our trademarks and service marks include, without limitation, KUZYK LAW, BECAUSE ACCIDENTS HAPPEN, and any associated trademarks, service marks, and logos. All trademarks and service marks on the Site not owned by us are the property of their respective owners. You may not use our trademarks and service marks 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 trademarks or service marks without express prior written consent of the owner.
12. Links. The Site may provide links to other web sites and online resources. We are not responsible for and do not endorse such external sites or resources. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK.
13. Limitations of Liability and Disclaimers. THE SITE AND ALL GOODS, SERVICES, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SITE AND ALL SERVICES, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE. 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 THE SITE.
WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SITE OR FROM ANY INFORMATION OR MATERIALS ON THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
While we try to maintain the security of the Site, we do not guarantee that the Site will be secure or that any use of the Site will be uninterrupted. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alterations to the Site, contact us at email@example.com with a description of the material(s) at issue and the URL or location of such materials.
14. Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold us or our affiliates harmless from and against all claims, losses, costs, and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site or (b) any violation of this Agreement by you.
15. Termination. This Agreement is effective until terminated. We may, at any time and for any reason, terminate your access to or use of the Site. If we terminate your access to the Site, you will not have the right to bring claims against us with respect to such termination. We shall not be liable for any termination of your access to the Site or to any such information or files, and (except as may be required under mandatory applicable law) shall not be required to make such information or files available to you after any such termination. We may take steps that we believe are appropriate to enforce or verify compliance with any part of this Agreement (including our right to cooperate with any legal process relating to your use of the Site or any third-party claim that your use of the Site is unlawful or infringes such third party’s rights). Sections 2, 6, 12-16, and 15 shall survive any expiration or termination of this Agreement.
16. Governing Law; Dispute Resolution. You hereby agree that this Agreement (and any claim or dispute arising in connection with this Agreement or your use of the Site) is governed by and shall be construed in accordance with the laws of the State of California, without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in Lancaster, California, and waive any jurisdictional, venue, or inconvenient forum objections thereto.
17. Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: http://kids.getnetwise.org/ and http://onguardonline.gov/. Please note that we do not endorse any of the products or services listed at these sites.
14. Information or Complaints. If you have a question or complaint regarding the Site, please feel free to contact us via email at firstname.lastname@example.org. Email communications are not necessarily secure, and are not confidential, and shall not be deemed privileged or private, so please do not include sensitive information in any email to us. You may also contact us at:
Kuzyk Law, LLP
ATTN: Reid Breitman, Esq.
1700 W. Avenue K, Suite 100
Lancaster, CA 93534
We may also provide notice of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. You agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings, based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
17. No Legal Advice or Attorney-Client Relationship The materials on this website have been prepared by Kuzyk Law (the Firm) for informational purposes and are not legal advice. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. You should not act upon this information without seeking advice from a lawyer licensed in your own state or country. Do not send us confidential information until you speak with one of our lawyers and receive our authorization to send that information to us. Providing information to the Firm (via e-mail links on this Web site or otherwise) will not create an attorney-client relationship in the absence of an express written agreement by the Firm to create such a relationship, and will not prevent the Firm from representing someone else in connection with the matter in question or a related matter.
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