Effective Date: June 21, 2021
A. Your access to and use of this Site including but not limited to, what the Site will and won’t do regarding its use; and,
B. Your access to and use of any Perleberg McClaren LLP (“us”, “we”, “ours”, or “our”) online channels or our pages on social media sites. (This website, and our channels and social media pages mentioned in the preceding sentence are individually and collectively, in whole and in part, now referred to for convenience as the “Site”).
2.1 The contents of our Site may be used for informational and educational purposes only. Except as may otherwise be expressly provided for in these Terms, any other use EKN of its contents including but not limited to, reproduction, modification, distribution, transmission, republication, display, or performance of any contents without our prior written approval, which we can withhold in our Discretion (“Approval”, “Approve”, or “Approved”) is expressly forbidden.
2.2 While we attempt to ensure that all content provided on and through the Site does not contain computer viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for computer viruses or otherwise protect your computer. You should ensure that you have a complete and current backup of the applicable items on your computer.
2.3 We take all reasonable steps to ensure that our Site is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore, we won’t be responsible or liable EKN if this Site is unavailable at any time. Site unavailability can occur due to issues including, but not limited to, system failure, maintenance or repair, or for reasons beyond our control. We will try to give Site users advance warning of maintenance issues, but aren’t obliged to do so.
2.4 Notwithstanding anything to the contrary in these Terms, we may suspend or terminate your use of the Site at any time, for any reason or no reason, in our Discretion.
3.0 Materials. As between you and us, the design of the Site, and any and all text, graphics, information, images, data, video, audio, animation, content, software, other technology components, button icons, descriptions, and any and all other materials of every kind and nature now or later contemplated (the phrase” of every kind and nature now or later contemplated” is now referred to for convenience as “EKN”), as well as the collection, compilation and assembly displayed on, in, or that can be accessed from the Site (individually and collectively, in whole and in part, now referred to for convenience as “Materials”), are solely owned and controlled by us throughout the universe, from inception in perpetuity, and are all protected by U.S. and international copyright, trademark, and other laws and treaties EKN. You don’t acquire any rights, titles and/or interests EKN in or to any of the Materials by virtue of accessing or making any use of the Site or Materials.
3.1 Any unauthorized use the Materials or Site may violate U.S. and/or international copyright and/or other laws, treaties, and regulations, is prohibited, and are (but are not limited to being), a violation of these Terms. We have the irrevocable right to seek all remedies available per these Terms, or otherwise EKN (individually and collectively now referred to for convenience in as “Remedy/ies”). While using the Site, you’re required to comply with any and all applicable statutes, orders, regulations, rules, and other laws EKN.
4.0 Your Conduct While Using or Visiting the Site. We also require you to respect the rights and dignity of others. Your Site use is conditioned on your compliance with the rules of conduct in these Terms. Unless otherwise expressly authorized in these Terms, it’s also a violation of them to do any of the following:
4.1 reproduce, copy, publicly display, perform, distribute, sell, resell, rent, lease, loan, publish, transmit, distribute, perform, display, create derivative works from, or otherwise commercially (as opposed to personally) use or exploit any Materials or information on the Site for any purpose EKN;
4.2 modify any information on the Site in any way, or copy, decompile, disassemble, reverse engineer, sell, license, or otherwise exploit the Site or anything on or accessible through the Site, in whole or in part;
4.3 interfere with the Site or anyone else’s use of the Site including but not limited to, by hacking or defacing any portion of the Site, inserting any code, product, or otherwise manipulating the Site in any way that affects anyone else’s experience;
4.4 post, upload, share, transmit, distribute, facilitate distribution of, or otherwise make available, through or in connection with the Site:
4.4.1 anything that is or may be: threatening, harassing, degrading, hateful, or intimidating; defamatory; fraudulent or tortious; obscene, indecent, pornographic, or otherwise objectionable; or, protected by copyright, trademark, patent, trade secret, right of publicity, or other proprietary right, without the express prior written consent of the owner of that right;
4.4.2 any material: that encourages conduct or could otherwise give rise to criminal or civil liability; that contains or promotes violence, drug use, illegal gambling or other criminal activity; or that encourages or provides instructional information about illegal activities, or activities including but not limited to “hacking”, “cracking”, “phishing”, or "phreaking”;
4.4.3 any virus, worm, Trojan Horse, Easter egg, bot, time bomb, spyware, malware, or other computer code, file, or program that is harmful or invasive to the Site, used to monitor the use of the Site, or any hardware, software, or equipment, or which may or is intended to damage or hijack the operation of the Site;
4.4.4 any unsolicited or unauthorized advertising, promotional material, “junk mail”, “spam”, “chain letter”, “pyramid scheme”, investment opportunity, or any other form of solicitation;
4.4.5 any non-public information about a person or entity (“Person/s”) without the without the express prior written consent of that Person to do so;
4.5.6 use the Site for any other fraudulent or unlawful purpose;
4.5.8 impersonate any Person including but not limited to, any representative, affiliate, or designee of ours, falsely state or otherwise misrepresent your affiliation with us or any Person in connection with the Site, or express or imply that we endorse any statement or representation you make;
4.5.9 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 EKN of those networks;
4.5.10 use the Site for any purpose except as described in subsection 3.5 above);
4.5.11 remove any copyright, trademark, or other proprietary rights notice EKN from the Site or materials originating from or accessible through the Site;
4.5.12 frame or mirror any part of the Site;
4.5.13 use any robot, spider, search/retrieval application, or other manual or automatic device EKN to retrieve, index, “scrape”, “data mine”, or in any unauthorized way gather any materials available on or through the Site, or reproduce or circumvent the navigational structure or presentation of any materials available on or through the Site;
4.5.14 use the Site for any commercial purpose not specifically authorized by these Terms;
4.5.15 take any action that imposes, or may impose, in our Discretion, an unreasonable or disproportionately large load on our infrastructure; or,
4.5.16 deep-link to any portion of the Site for any purpose.
4.6 If you are accessing and using the Site on behalf of another Person, you warrant, represent, and covenant (“Warrant” or “Warranty/ies”) that you have the authority to bind that Person to these Terms, and you accept full liability for any and all harm or damage EKN caused by any wrongful use of the Site.
5.0 Equipment and Services to Access the Site. You are solely responsible for obtaining and maintaining all equipment, and services EKN needed to access and use anything available on or through the Site, and paying all charges related to that equipment and those services.
6.0 Site Modifications We Make. We have the irrevocable right in our Discretion, at any time, with or without notice, to modify, change, suspend, or discontinue the Site and/or any aspect of it in whole or in part. Neither we nor any affiliate, or designee is liable to you or to any third party for any modification, change, suspension, or discontinuance of the Site, in whole or in part, or of any service, content, feature, or product offered on or through the Site.
7.0 Trademarks and Copyrights. We own and/or control from inception in perpetuity throughout the universe all and all rights, titles, and interests EKN regarding our trademarks, brands, trade names, look and feel, and trade dress (which along with all associated logos and images are now individually and collectively referred to for convenience as “Trademarks”) including be not limited to, those on the Site. All Trademarks are registered, pending registration, and/or common law trademarks of ours and are protected by U.S. and international laws and treaties. We also own and/or control from inception in perpetuity throughout the universe all and all rights, titles and interests EKN in and to any and all text, graphics, pictures, images, videos, and other works of authorship in any and all forms and formats EKN that appear on the Site at any time (“Copyrights”). Trademarks and Copyrights are part of the Materials.
8.0 Zero Tolerance. We have a strict, zero-tolerance policy regarding the unauthorized use of the Materials including but not limited to, uses that constitute infringement or unfair competition. We will aggressively enforce our rights, titles, and interests EKN in and to the Materials to the fullest extent of all applicable laws EKN. If you become aware of an infringement of our IP, please let us know by emailing us at firstname.lastname@example.org.
9.1 You Warrant: that you have the authority to submit all User Communications; that no User Communications will violate or infringe any rights, titles, and/or interests EKN of any Person; and, that all User Communications will be and remain true, accurate, and complete.
9.2 We have the irrevocable right, but are not obligated to, monitor or review any User Communications, and have the irrevocable right to remove User Communications in our Discretion. We have no obligation to return, review, or respond to any User Communications. We have no liability EKN related to the content of any User Communications, whether or not arising under any U.S. and/or international laws or treaties EKN.
10.0 Postings. We don’t necessarily endorse, support, sanction, encourage, verify, or agree with any comments, opinions, stories, or statements posted on forums, blogs, or through User Communications contained on or accessible through the Site (individually and collectively, in whole and in part now referred to for convenience as "Postings"). Any Postings are solely the views and responsibility of those who post that Posting, and don’t necessarily represent our views.
11.0 Accuracy of Information. We attempt to ensure that the Materials and any other information on the Site (with the exception of User Communications) are complete, accurate, and current. Despite our efforts, the Materials and information may occasionally be inaccurate, incomplete, or out of date. Please bring to our attention any information you believe is inaccurate, incomplete, or out of date by contacting us at email@example.com, along with a detailed explanation of your beliefs of inaccuracies.
12.0 Linking to the Site. You are not allowed to maintain any link from another site or app to any page on the Site without our Approval.
13.0 Third Party Links. Periodically, links may be established from the Site to one or more external website, apps, or resources operated by third parties ("Third Party Site/s"), which may allow you to leave our Site. These links are provided only for your convenience. In addition, certain Third Party Sites also may, with our Approval, provide links to our Site. None of these links imply that we endorse any Third Party Site or any content on or through them. We don’t control, endorse, and aren’t responsible or liable EKN for any Third Party Site or any content, advertising, products, or other materials EKN on or available through Third Party Sites. Access to any Third Party Site is at your own, sole risk.
14.0 Warranty Disclaimers. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WE MAKE NO WARRANTIES EKN, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WITH RESPECT TO THE CONTENT OF THE SITE, OR LINKS TO OTHER SITES. THESE DISCLAIMERS OF WARRANTIES INCLUDE BUT ARE NOT LIMITED TO: ACCURATENESS, COMPLETENESS, USEFULNESS, CORRECTNESS, TIMELINESS, RELIABILITY. MERCHANTABILITY, USE, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT, TITLE, OF ANYTHING ON OR ACCESSIBLE THROUGH THE SITE; ERROR-FREE OR UNINTERRUPTED SITE ACCESS; AND, FAILURE TO STORE ANY OF YOUR DATA, COMMUNICATIONS, OR PERSONALIZED SETTINGS.
15.1 any third party information, data, products, and services on, used, or purchased on or through, the Site are subject only to any applicable Warranties of their respective providers, if any.
15.2 the limitations in this section 15.0 don’t apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
16.0 Limitations of Liability. We are not responsible for, and will not be liable for, any damages EKN (including but not limited to, indirect, special, punitive, incidental, or consequential damages, and any attorneys’ fees or costs):
16.1 arising from any viruses, hacks, cyberattacks, or any other problems EKN that may negatively affect your computers, handheld or other devices, telecommunication equipment, or any other property EKN, caused by or arising from your access to, use of, or browsing, the Materials or the Site; or,
16.2 otherwise arising from your access to, use of, inability to access or use, the results of use of, or browsing, the Materials or the Site.
In the event of any problem with the Site or any content on or available through it, your sole remedy is to cease using the Site.
17.0 Additional Warranties. As a further condition of your use of this Site, you Warrant that:
17.1 You are at least 18 years of age and possess the legal authority to create a binding legal obligation;
17.2 you will use this Site in accordance with these Terms;
17.3 all information supplied by you at any time on or through this Site is true, accurate, current, and complete; and,
17.4 all of your Warranties in these Terms are effective beginning with your first visit to the Site, and remain effective for as long as we believe is reasonable in our Discretion.
18.0 Indemnification. You have a duty to fully and effectively on demand, indemnify and hold, to the broadest extent allowed by law, us and each of our former, present and future officers, directors, shareholders, agents, designees, employees, assignees, successors, independent contractors, affiliates, partners, members, and attorneys (individually and collectively now referred to for convenience as “Relation/s”) harmless, at your sole cost and expense, from and against any and all third party claims, liabilities, suits, losses, demands, actions, causes of action, notices, proceedings, disputes, costs, expenses, liens, encumbrances, disagreements, and notices EKN including without limitation, actual attorneys and accountancy fees, and all costs EKN in any manner related to them in whole and in part (“Claim/s”) occasioned by or arising out of: any actual, alleged, or anticipated breach or default of this Agreement (“Breach/es”) by you or on your behalf, or of any documents referenced in it; your violation of any law EKN or the rights EKN of a third party; or, your use of this Site, or any products or services available on or through the Site, in any unauthorized manner. In the event of a Claim, we will give you notice of it and you have a duty to immediately undertake at your sole cost and expense our legal representation related to that Claim, with competent, experienced counsel subject to our Approval. You also have a duty to immediately upon demand reimburse us for any payment EKN made by or on behalf of us any time after the current date of these Terms with respect to any Claim to which the foregoing indemnity relates.
19.0 Choice of Law; Jurisdiction. These Terms are governed by the laws of the State of California as they apply to agreements between California residents entered into and to be performed within California, regardless of California’s or any other state’s or jurisdiction’s conflict of law rules. In the event that any of the provisions of these Terms are held by a tribunal of competent jurisdiction to be contrary to law, they’re severed from these Terms and all remaining provisions continue in full force and effect.
20.0 Termination. Notwithstanding anything to the contrary in these Terms, we may suspend or terminate your use of the Site at any time, for any reason or no reason.
21.0 Intellectual Property Infringement; Digital Millennium Copyright Act Notice for Copyright Infringement. We don’t permit intellectual property infringing activities on the Site. We may remove in our Discretion any and all materials EKN (individually and collectively now referred to for convenience in these Terms as “Questionable Content”) if we’re properly informed that any Questionable Content infringes a third party’s intellectual property rights including but not limited to, copyright rights. We can terminate the anyone’s ability to access or otherwise use the Site or to submit Questionable Content if, under appropriate circumstances, it’s determined that Person is submitting Questionable Content that infringes another Person’s copyright or other intellectual property rights.
21.1 If you’re a copyright owner or an authorized agent for that owner, and believe that any Questionable Content posted on the Site by third parties infringes your copyrights, you may notify us by providing all the following information in writing:
(a) a physical or electronic signature of a Person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed and the month, day, year, city, state, province and/or country where it’s signed;
(b) identification of one or more URL locations where the original or an authorized copy of the copyrighted work exists;
(c) a description of the infringing activity and identification of the Questionable Content that is claimed to be infringing, the email address, site, URL, WHOIS data, and any other information where the claimed infringement is taking place, reasonably sufficient to allow us to locate it;
(d) information reasonably sufficient to permit us to contact you, such as your name, mailing address, telephone number, and if available an email address;
(e) a statement that you have a good faith belief that use of the Questionable Content in the manner you complain of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that you swear under penalty of perjury that the information in your notification is accurate, and that you are either the owner of or authorized to act on behalf of the owner of, an exclusive copyright right that is allegedly infringed.
Our agent for notice of claims of copyright infringement can be reached as follows:
Anthony McClaren, Esq.
Perleberg McClaren LLP
4223 Glencoe Ave., Suite A220
Marina del Rey, CA 90292
By Email: firstname.lastname@example.org,
Or by fax: (323) 426.2405, Attn: DMCA Complaints.
If you fail to comply with all of the requirements above, your notice may not be valid.
A notice to us of alleged infringement of any other type of intellectual property such as but not limited to, a trademark or patent, should be done as above.
21.2 Counter Notices. If anything you’ve posted on the Site has been taken down, you may file a counter-notification only by regular mail, email, fax, or Delivery Service (defined in section 22.0 below), by providing all the information below in writing. You may want to seek legal counsel prior to doing so. Please include the following details:
(a) identification of the specific content that was removed or disabled and the location that content appeared on the Site. Please provide the URL address if possible;
(b) your name, mailing address, telephone number, and email address;
(c) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which we may have a physical presence, and that you will accept service of process from the party who reported your content, or that party’s agent; and
(d) the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification.”
You must also physically sign the counter notification and send it to the following address:
Perleberg McClaren LLP
Attn: DMCA Complaints
4223 Glencoe Ave., Suite A220
Marina del Rey, CA 90292,
by email: email@example.com
or by fax: (323) 426.2405, Attn: DMCA Complaints.
For any additional questions regarding the DMCA process for, please contact Paul I. Menes, Esq. here at (323) 741.6500.
22.0 Notices. Notices to you may be made in our Discretion, via posting to the Site, by providing links to such notices, by email, by messenger or by other confirmed delivery service (for example, Federal Express or UPS – now referred to for convenience as “Delivery Service/s”). In the latter three situations, notice will be made via your most recent address for you that we have on file. Notices to us by email must be made to firstname.lastname@example.org, and if by Delivery Service, to Perleberg McClaren LLP, 4223 Glencoe Ave., Suite A220, Marina del Rey, CA 90292. Posted notices are effective on posting. Notices emailed or sent by Delivery Service are effective on the date of receipt, provided the sender receives written or printed confirmation of successful receipt.
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