TERMS AND CONDITIONS OF USE
This page states the Terms and Conditions under which you may access this Website. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this Website. We may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. BY ACCESSING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS:
Section 1. Purpose of Website.
The information provided by this website ("Website") is intended to be used only for educational purposes, and does not constitute legal advice. Accessing these materials and/or communicating with one of our attorneys will not create an attorney-client relationship. No attorney-client relationship will be formed unless a written engagement letter is signed by the managing partner of our firm.
Every legal matter is different and must be evaluated on a case by case basis. Therefore, you agree to seek the advice of a qualified attorney prior to taking any action based upon information contained in this Website.
No representation will be undertaken of any individual or entity based upon viewing this Website in a state where this Website fails to comply with all laws and ethical rules of that state.
This website may constitute a "communication" as defined in Rule 1-400(A) of the California Rules of Professional Conduct because it is a message made by and on behalf of attorneys at O'Banion & Ritchey LLP who are members of the State Bar of California concerning O'Banion & Ritchey LLP and the availability for professional employment of those members and their law firm.
Section 2. Use of Material.
We authorize you to view and download a single copy of the contents of this Web site solely for your personal, noncommercial use. Special rules may apply to the use of certain software and other items provided on the Website. Any such special rules are listed as "Legal Notices" on this Web Site and are incorporated into this Agreement by reference.
The contents of this Web Site, such as text, graphics, images and other material ("Material"), are protected by copyright under both United States and foreign laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited.
If you violate any of these Terms and Conditions, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
Section 3. Disclaimer of Warranties.
The Material may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Website and the Material. The use of the Website and the Material is at your own risk. Changes are periodically made to the Website and may be made at any time.
WE DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.
THE WEBSITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WE MAKE NO WARRANTIES ABOUT THE ACCURACY , RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section 4. Disclaimer of Damages.
IN NO EVENT WILL WE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF, OR INABILITY TO USE, THIS WEBSITE AND THE MATERIAL ON THIS WEBSITE OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT ANY JURISDICTION DOES NOT ALLOW A DISCLAIMER OF DAMAGES, OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM THE USE OF THE MATERIALS (INCLUDING SOFTWARE) IS LIMITED TO $10.
Section 5. User Submissions.
Generally, any communication which you post to the Website is considered to be non-confidential. If particular Web pages permit the submission of communications which will be treated by us as confidential, that fact will be stated in "Legal Notices" on those pages. By posting communications to the Website, you automatically grant us a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: Post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
We do not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
We do not screen communications in advance and are not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to this Agreement, we may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. We have no liability or responsibility to Users for performance or nonperformance of such activities. We reserve the right to expel Users and prevent their further access to the Web Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive.
Section 6. Links to Other Sites.
The Website contains links to third party web sites. These links are provided solely as a convenience to you. We make no representations whatsoever about any other website which you may access through this one. When you access another website through this one, please understand that it is independent from this web site, and that we have no control over the content on that website. In addition, a link to another website does not mean that we endorse or accept any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. If you decide to access linked third-party websites, you do so at your own risk.
Section 7. Software Licenses.
All software that is made available for downloading from the Website ("Software") is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated "Legal Notice" accompanying such software ("License Agreement"). The downloading and use of such software is conditioned on your agreement to be bound by the terms of the License Agreement.
Section 8. Indemnity.
You agree to defend, indemnify, and hold harmless our firm, our partners, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material (including Software) or your breach of the terms of this Agreement. We shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Section 9. Export Control.
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or persons prohibited under the export control laws. By downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.
Section 10. User Information.
We may use the information you provide to us, including your IP address, name, mailing address, email address and use of the Website, for our internal business and marketing purposes and may disclose the information to third parties for such purposes.
Section 11. General.
This Website is operated by attorneys based in Sacramento, California, USA. We make no claims the Materials are appropriate or may be downloaded outside of California or the United States. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" or Software License or material on particular Web pages, this Agreement constitutes the entire Agreement between you and us with respect to the use of Website. Any changes to this Agreement must be made in writing, signed by an authorized representative of our firm.
Section 12. Trademarks and Service Marks.
INTELLECTUAL. is a service mark registered by the United States Patent and Trademark Office (USPTO) as Reg. No. 2,617,249 for providing legal services. All rights to use of the mark are reserved by the owner and the mark may not be used in any way without the express written permission of the owner.