Disclaimer
The materials on the law office website at www.melissakdagodag.com (the “Site”) are provided by The Law Offices of Melissa K. Dagodag (“MKD”). The use of the Site by the user (“you”) is subject to the following terms and conditions comprising our “Agreement”:
A. Acceptance.
You agree to the terms and conditions set forth herein with respect to the Site. If you do not agree to the terms, please do not use the Site. This Agreement constitutes the entire and only agreement between you and MKD, and supersedes all prior agreements, representations and warranties concerning the Site and the subject matter of contained herein. Moreover, MKD reserves the right to change this Agreement at any time, effective immediately upon first posting on the Site. If you violate the terms of this Agreement, MKD may terminate your use of the Site, prevent you from using the Site and/or take legal action against you.
B. Copyright.
The design, content, graphics, organization, compilation, digital manipulation or conversion, and other matters related to the Site are protected under applicable copyrights, trademarks and 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 herein below, is prohibited. You do not acquire ownership rights to any materials that you view through the Site.
C. Limited License; Permitted Uses.
You are granted a revocable, non-exclusive, non-transferable, license (a) to access and use the Site solely in accordance with this Agreement; (b) to use the Site solely for personal, non- commercial purposes; and (c) to print out discrete information from the Site solely for personal, non-commercial purposes.
D. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials or documents therein (collectively, “Materials”) are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the limited purpose authorized under by Section C herien above), distribute, transmit, display, sell, rent or otherwise make available in any form or by any means all or any portion of the Site or any Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, database, or similar resource (in any media now existing or hereafter developed), offered for commercial distribution of any kind, including through sale, license, lease, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Materials; (d) use any Materials in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of MKD or any third parties; (e) use any automatic or manual process to harvest information from the Site; (f) use the Site for the purpose of gathering information for or transmitting (g) unsolicited commercial email; (h) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; (i) 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 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.
E. Attorney Advertising; Outcomes Not Guaranteed
Pursuant to California law, you are advised that the contents of the Site constitute attorney advertising and that prior results do not guarantee a similar outcome.
F. Informational Purpose Only.
The materials available on the Site are intended for informational purposes only and are the property of MKD. The information provided on the Site is provided only as general information, which may or may not reflect the most current legal developments. The opinions expressed on or through the Site are the opinions of the individual author and may not reflect the opinions of MKD or any individual attorney.
G. 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 whatsoever. The Site and your use thereof does not create an attorney-client relationship. MKD does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to the Site. You use the Site’s information and/or materials linked to the Site at your own risk. You should not act or rely on any information on the Site without seeking the advice of an attorney licensed to practice in your jurisdiction and for your particular issue or problem. The information contained herein does not necessarily reflect the opinions of MKD’s clients.
H. Forms, Agreements & Documents.
MKD 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, currentness, accuracy, and/or appropriateness. WITHOUT LIMITING THE TERMS OF SECTION M, THE DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH “ALL FAULTS”, AND MKD 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 transaction(s). You expressly acknowledge, accept and agree that the Documents are only samples and may not be applicable to a particular scenario or fact pattern.
I. 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 MKD.
J. Certain Confidentiality Issues.
Choosing an attorney requires research and care and should not be based only on information contained on the Site or in advertisements. As a result, the engagement of counsel may not be accomplished by sending MKD confidential information related to you and/or your company unless MKD has expressly authorized the submission of such information by written authorization in advance of you sending such information. You may email MKD. However, if you communicate with MKD in connection with a matter for which MKD does not already represent you, you should not send MKD any confidential or sensitive information via email or otherwise because your communication will not be treated as privileged or confidential. If you communicate with MKD by email in connection with a matter for which MKD already represents you, you should note that the security of Internet email is uncertain. If you still send sensitive or confidential email messages that are not encrypted, you accept the risks of such uncertainty and potential non- confidentiality via the Internet.
K. Designation.
To the extent the Bar Rules in your jurisdiction require MKD to designate a single attorney responsible for this site, MKD designates Melissa K. Dagodag, email: melissa@melissakdagodag.com as such attorney.
L. Use In Other Jurisdictions.
MKD practices law only in jurisdictions in which MKD is properly authorized to do so. MKD does not seek to represent anyone in any jurisdiction where the Site does not comply or is in any way inconsistent with the rules of any specific state governing communication of legal services. MKD will not assume the representation of clients from states where these materials do not comply with State Bar requirements and where the status of “client” results from any communication.
M. Errors, Corrections and Changes.
MKD does not represent or warrant that the Site will be free of viruses, free of errors and/ or other harmful elements. MKD does not represent or warrant that the information available on or through the Site will be correct, reliable, or timely. The law and cases cited on the Site may not be complete or accurate depending on your particular legal issue. Each legal issue relies on its specific facts and different jurisdictions have different laws.
N. Third Party Content.
Third party content may appear on the Site or may be accessible via links from the Site. MKD is not responsible for and assumes 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 MKD’s beliefs as a law firm.
O. Unlawful Activity.
MKD reserves the right to investigate violations of this Agreement and to take any action MKD deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, and/or third parties and disclosing any information appropriate to such persons or entities relating to your profile, email addresses, usage history and IP addresses.
P. Indemnification.
You agree to indemnify, defend and hold MKD and MKD’s 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.
Q. 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. MKD AND MKD’S AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER, EXCEPT AS PROVIDED IN SECTION M(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, MKD AND MKD’S 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 MKD 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 MKD 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.
R. Limitation of Liability.
(a) MKD 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 MKD 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 MKD AND ANY AFFILIATED PARTY.
S. Links to other Web Sites.
The Site contains links to other Web sites. MKD is not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated or checked for accuracy or completeness by MKD. Inclusion of any linked website on MKD’s Site does not imply approval or endorsement of such website by MKD. If you decide to leave the Site to go to third-party websites, it is at your own risk.
T. Use of Information.
MKD reserves the right, and you authorize MKD, to use and assign all information regarding your use of the Site and all information you provide in connection with such use.
U. Copyrights.
MKD respects the intellectual property of others and asks you to also respect such intellectual property. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MKD’s 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 where the material that you claim is infringing is located on the Site; c. A description of the copyrighted work that you allege has been infringed; d. Your address, email address, and telephone number,; 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 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. MKD’s Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an email to the Copyright Agent at melissa@melissakdagodag.com.
V. Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations concerning your use of the Site and anything contained on the Site.
W. Miscellaneous.
This Agreement shall be treated as though it were executed and performed in Los Angeles, 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 L and Section M. The language in this Agreement shall be interpreted as to its fair meaning and not strictly in favor of 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 the interpretation of this Agreement. The headings in this Agreement are included for convenience only and shall not affect the interpretation or construction of any provision of this Agreement or any of the rights or obligations of the parties hereto. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed as much as possible as 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. MKD’s 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. MKD’s rights under this Agreement shall survive any termination of this Agreement.
X. Arbitration.
Any legal controversy or legal claim arising out of or relating to this Agreement or the Site (excluding legal action taken by MKD or you to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement), shall be settled exclusively by confidential binding arbitration before a single retired judge under the auspices of American Arbitration Association (“AAA”) in accordance with commercial arbitration rules of AAA. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California. Each party shall bear its own attorneys’ fees and fifty percent (50%) of all other arbitration fees and costs.
