Description of the Service.
Cohn and Swartzo, APC provides users with access to resources, including, by not limited to: informational content, blogs, articles, resources, newsletters, contact forms, and case evaluations. You also understand that the Service may include certain communications from us, such as announcements, administrative messages and survey invitations. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new http://www.palmspringspersonalinjuryfirm.com services shall be subject to this Agreement.
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your relationship to the Service. This Agreement may be modified by Cohn and Swartzo, APC from time to time, such modifications to be effective upon posting by Cohn and Swartzo, APC on the Website. By accessing the Website or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
By accessing the Website, you consent to have this Agreement provided to you in electronic form.
Cohn and Swartzo, APC owns and retains all proprietary rights in this Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Cohn and Swartzo, APC, and its licensors. Except for that information which is in the public domain or for which you have received prior written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Further, you may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
We respond expeditiously to notices of claimed copyright infringement and terminate users or account holders who are "repeat infringers." Pursuant to the Digital Millennium Copyright Act, we respond to notices of copyright infringement if they conform to the requirements of 17 USC 512(c) by including the following information:
- The signature of a person authorized to act on behalf of the owner of the infringed copyright;
- Identification of the copyrighted work or works claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed;
- Information reasonably sufficient to permit the us to contact you (e.g., the address, telephone number, or email address);
- A statement that you have a good faith belief that use of the material is not authorized by the copyright owner; and
- A statement signed under penalty of perjury, that information in the complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner.
Notices must be emailed to info(at) palmspringspersonalinjuryfirm.com.
By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Blocking of IP Addresses.
In order to protect the integrity of the Service, Cohn and Swartzo, APC reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website.
Reliance on Content, Advice, Etc.
Any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional, financial, legal, or other advice. If you have specific concerns or a situation arises in which you require professional advice, you should consult with an appropriately trained and qualified specialist. Cohn and Swartzo, APC does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will Cohn and Swartzo, APC be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website.
Disclaimers of Warranties.
The Website and the Service are provided "as-is" and on an "as-available" basis. Cohn and Swartzo, APC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Cohn and Swartzo, APC cannot guarantee and does not promise any specific results from the use of the Website and/or Service. You agree that you must evaluate, and bear all risks associated with, the use of any Website content and Services, including any reliance on the accuracy, completeness, or usefulness of such content. Use of the Website and the Services may result in technical malfunction, delay, misdelivery, or other problems with other systems, programs, or computer hardware. Cohn and Swartzo, APC cannot and does not guarantee compatibility with other systems and hardware.
Certain content, Products, and services available via the Service may include materials from third parties. In addition, http://www.palmspringspersonalinjuryfirm.com may provide links to certain third-party Websites. You acknowledge and agree that Cohn and Swartzo, APC is not responsible for examining or evaluating the content or accuracy of any such third-party material or Websites. Links to other Websites are provided solely as a convenience to you. Because Cohn and Swartzo, APC has no control over such sites and resources, you acknowledge and agree that Cohn and Swartzo, APC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Cohn and Swartzo, APC is not in any way responsible for any such use by you.
Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will Cohn and Swartzo, APC be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Cohn and Swartzo, APC has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from your inability to access or obtain any goods, data, information or services through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any content posted on the Website or transmitted to Registrants or Members; or (vi) any inaccurate or out-of-date content in the blog, article or Website; or (vii) any other matter relating to the Service. Nothwithstanding any provision to the contrary, Cohn and Swartzo, APC's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Cohn and Swartzo, APC in the twelve (12) months prior to the claimed injury or damage.
Disclaimers and Limitations.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers of warranties may not apply to you.
Indemnity by You.
You agree to indemnify and hold Cohn and Swartzo, APC, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties and/or your negligent or willful acts, and/or the violation by you of Cohn and Swartzo, APC's or any third party's rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Service. You obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.
No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Interstate Nature of Communications on Cohn and Swartzo, APC Network.
When you register or subscribe with http://www.palmspringspersonalinjuryfirm.com, you acknowledge that in using http://www.palmspringspersonalinjuryfirm.com services to send electronic communications, you will be causing communications to be sent through Cohn and Swartzo, APC's computer networks located in California, and other locations in the United States. As a result, and also as a result of Cohn and Swartzo, APC's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. According, by agreeing to this Agreement, you acknowledge that use of the service results in interstate data transmissions.
This Agreement will remain in full force and effect while you use the Website and/or are a Subscriber. You may cancel your Subscription at any time, for any reason. Cohn and Swartzo, APC may terminate your Subscription or such other email address as you may later provide to us. All decisions regarding the termination of subscriptions shall be made in the sole discretion of Cohn and Swartzo, APC. Cohn and Swartzo, APC is not required, and may be prohibited, from disclosing a reason for the termination of your subscription. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. Such termination of the Service will result in the deactivation or deletion of your subscription. Cohn and Swartzo, APC reserves the right to refuse service to anyone for any reason at any time.
Jurisdiction and Choice of Law.
If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of laws provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, in Los Angeles County, for the resolution of any such dispute.