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to our Web site. By using our site, you are agreeing to comply with
and be bound by the following terms of use. Please review the following
terms carefully. If you do not agree to these terms, you should not
use this Web site. The term “Gutride Safier
LLP,” “Gutride Safier” “us,” “we” or “our” refers
to Gutride Safier LLP. The term “you” refers to
the user or viewer of our Web site.
- Acceptance of Agreement.
You agree to the terms and conditions set forth in this Terms of Use Agreement
(“Agreement”) with respect to our Web site (the “Site”).
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 Site and the subject
matter of this Agreement. This Agreement may be amended at any time by
us from time to time without specific notice to you. The latest version
of the Agreement will be posted on the Site, and you should review this
Agreement prior to using the Site.
- Copyright.
The content, organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected
under applicable copyrights, trademarks and/or 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 Site,
except as allowed by Section 3 below, is strictly prohibited. You do not
acquire ownership rights to any article, document or other materials viewed
through the Site. The posting of information or materials on the Site does
not constitute a waiver of any right in such information and materials.
Some of the content on the 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 Site solely in accordance with this Agreement; (b)
to use the Site solely for internal, personal, non-commercial purposes;
and (c) to print out discrete information from the Site 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 the Site or its contents 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 Site 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 (a) copy, print (except for the express limited purpose permitted
by Section 3 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 the Site or any Content and Materials retrieved therefrom;
(b) use the Site or any materials obtained from the Site to develop, of
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; (c) create compilations or derivative works of
any Content and Materials from the Site; (d) use any Content and Materials
from the Site in any manner that may infringe any copyright, intellectual
property right, proprietary right, or property right of us or any third
parties; (e) remove, change or obscure any copyright notice or other proprietary
notice or terms of use contained in the Site; (f) make any portion of the
Site available through any timesharing system, service bureau, the Internet
or any other technology now existing or developed in the future; (g) remove,
decompile, disassemble or reverse engineer any Site software or use any
network monitoring or discovery software to determine the Site architecture;
(h) use any automatic or manual process to harvest information from the
Site; (i) use the Site for the purpose of gathering information for or
transmitting (1) unsolicited commercial email; (2) email that makes use
of headers, invalid or nonexistent domain names, or other means of deceptive
addressing; and (3) unsolicited telephone calls or facsimile transmissions;
(j) use the Site in a manner that violates any state or federal law regulating
email, facsimile transmissions or telephone solicitations; and (k) export
or re-export the 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 the Site is not intended
to and does not constitute legal advice, recommendations, mediation or
counseling under any circumstance. The Site and your use thereof does not
create an attorney-client relationship. We do not warrant or guarantee
the accurateness, completeness, adequacy or currency of the information
contained in or linked to the Site. Your use of information on the Site
or materials linked to the Site is entirely at your own risk. You should
not act or rely on any information on the Site without seeking the advice
of a competent attorney licensed to practice in your jurisdiction for your
particular problem. The information contained herein does not necessarily
reflect the opinions of our clients.
- Forms, Agreements & Documents
We may make available through the Site sample forms, checklists, business
documents and legal documents (collectively, “Documents”).
All Documents are provided on a non-exclusive license basis only for your
personal one-time use for non-commercial purposes, without any right to
re-license, sublicense, distribute, assign or transfer such license. Documents
are provided without any representations or warranties, express or implied,
as to their suitability, legal effect, completeness, current-ness, accuracy,
and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS”, “AS
AVAILABLE”, AND WITH “ALL FAULTS”, AND WE AND ANY PROVIDER
OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO
THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The Documents may be inappropriate for your particular circumstances. Furthermore,
state laws may require different or additional provisions to ensure the
desired result. You should consult with legal counsel to determine the
appropriate legal or business documents necessary for your particular transactions,
as the Documents are only samples and may not be applicable to a particular
situation.
- Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or
obscure, by framing or otherwise, the copyright notice or other notices
on the Site, (b) your site does not engage in illegal or pornographic activities,
and (c) you discontinue providing links to the Site immediately upon request
by us.
- Certain Confidentiality Issues.
You may send us e-mail. 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 because your communication
will not be treated as privileged or confidential. If you communicate with
us by e-mail in connection with a matter for which we already represent
you, you should note that the security of Internet e-mail is uncertain.
By sending sensitive or confidential e-mail messages which are not encrypted,
you accept the risks of such uncertainty and possible lack of confidentiality
over the Internet.
- Designation.
To the extent the Bar Rules in California, or any other jurisdiction, require
us to designate a single attorney responsible for this Site, we designate
Seth Safier, email: seth@gutridesafier.com,
415-336-6545.
- Use In Other Jurisdictions.
We practice law only in California, where we are properly authorized to do
so. We do not seek to represent anyone in any jurisdiction where the Site
does not comply or is in any way inconsistent with the rules governing
communication of legal services in a particular state. Unless otherwise
agreed to in writing, we are unwilling to assume the representation of
clients from those states other than California.
- Statement In Compliance With Certain Rules Of Professional Conduct.
The attorneys listed on the Site are not certified as a specialist in any
practice area.
- Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of
viruses or other harmful components, or that defects will be corrected.
We do not represent or warrant that the information available on or through
the Site will be correct, accurate, timely or otherwise reliable. The law
is constantly changing and the information may not be complete or accurate
depending on your particular legal issue. Each legal issue depends on its
individual facts and different jurisdictions have different laws and regulations.
We may make changes to the features, functionality or content of the Site
at any time. We reserve the right in our sole discretion to edit or delete
any documents, information or other content appearing on the Site.
- Third Party Content.
Third party content may appear on the Site or may be accessible via links
from the Site. We are not responsible for and assume no liability for any
third party content. You understand that the information and opinions in
the third party content represent solely the thoughts of the author and
is neither endorsed by nor does it necessarily reflect our belief.
- Unlawful Activity.
We reserve the right to investigate complaints or reported violations of
this Agreement 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,
email 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 of the Site.
- Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE 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 SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER, EXCEPT AS PROVIDED
IN SECTION 17(b). 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 THE 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 CONTAINED
WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
- Limitation of Liability
(a) We and any Affiliated Party shall not 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 the Site or information obtained, (ii) the
unavailability or interruption of the Site or any features thereof, (iii)
your use of the Site, (iv) the content contained on the Site, or (v) any
delay or failure in performance beyond the control of an Affiliated Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION
WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED $100
AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE
AGAINST US AND ANY AFFILIATED PARTY.
- Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible for the
content, accuracy or opinions express in such Web sites, and such Web sites
are not investigated, monitored or checked for accuracy or completeness
by us. Inclusion of any linked Web site on our Site does not imply approval
or endorsement of the linked Web site by us. If you decide to leave our
Site and access these third-party sites, you do so at your own risk.
- Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the
same. If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide our Copyright Agent the following
information:
a. An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located
on the Site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner’s behalf. Our Copyright Agent for Notice
of claims of copyright infringement on the Site can be reached by directing
an e-mail to the Copyright Agent at seth@gutridesafier.com.
- Legal Compliance.
You agree to comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use of the Site and
the Content and Materials provided therein.
- Miscellaneous.
This Agreement shall be treated as though it were executed and performed
in San Francisco, California, and shall be governed by and construed in
accordance with the laws of the State of California (without regard to
conflict of law principles). Any cause of action by you with respect to
the 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 Section 16 and Section 17. 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 the 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. Our rights under this Agreement shall
survive any termination of this Agreement.
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