TERMS & CONDITIONS OF USE OF OUR WEBSITE
This is a legal agreement (the “Agreement”) between you (“You” or “Your”) and Bailey Law Offices, LLC, LLP (“Bailey Law Offices, LLC”) regarding Your use of Bailey Law Offices, LLC’s website and related non-legal services (collectively, the “Website”).
INFORMATIONAL PURPOSES ONLY
Bailey Law Offices, LLC hereby grants You a nonexclusive license to download and display the Website, and to reproduce the content located thereon, in each case solely for Your personal, non-commercial use. Bailey Law Offices, LLC provides the Website for informational purposes only. THE WEBSITE DOES NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, LEGAL ADVICE OR OPINION.
NO ATTORNEY-CLIENT RELATIONSHIP
YOUR USE OF THE WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND Bailey Law Offices, LLC SIMILARLY, THE TRANSMISSION OF INFORMATION TO AND FROM Bailey Law Offices, LLC BY MEANS OF THE WEBSITE IS NOT AN ATTORNEY-CLIENT COMMUNICATION. If You would like Bailey Law Offices, LLC to represent You, You should complete our online case submission form. If the matter in connection with which You seek representation involves other parties, be sure to list each and every one of them on the online case submission form. If Bailey Law Offices, LLC agrees to represent You, it will inform You by email or telephone, and will provide an engagement agreement setting forth the basis of the representation. Unless and until You have executed and returned that engagement agreement, and Bailey Law Offices, LLC has confirmed its receipt, no attorney-client relationship exists.
Unless an attorney-client relationship exists between You and Bailey Law Offices, LLC, You shall not represent to any third party, either directly or by implication, that You are represented by Bailey Law Offices, LLC, or that Bailey Law Offices, LLC is in any way involved in Your matter. Without limiting the foregoing, unless an attorney-client relationship exists between You and Bailey Law Offices, LLC, You shall not copy Bailey Law Offices, LLC, or any attorney or employee of Bailey Law Offices, LLC, on any emails or letters in a manner that could reasonably be interpreted by any third party to mean that You are represented by Bailey Law Offices, LLC.
NO ATTORNEY-CLIENT PRIVILEGE
BECAUSE YOU ARE NOT A CLIENT OF Bailey Law Offices, LLC INFORMATION PROVIDED BY YOU TO Bailey Law Offices, LLC MAY NOT BE PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE. It is possible that Bailey Law Offices, LLC already represents, or in the future may represent, a party whose interests are adverse to Yours. In that case, Bailey Law Offices, LLC may not be able to treat information received from You as privileged.
COMMUNICATIONS MADE TO THIRD PARTIES BY MEANS OF THE WEBSITE; SHARE THIS PAGE FEATURE
You acknowledge that any communications sent by You to third parties by means of the Website (e.g. through a “share this page” or “tell-a-friend” form), whether by email or otherwise, are not private, and such communications may be read by third parties with or without Your knowledge. Further, You agree that the content of any communications that You send to third parties by means of the Website shall be non-confidential and non-proprietary. Bailey Law Offices, LLC reserves the right to use such communication for any purpose.
You represent and warrant that You will not use the Website to:
a. Upload or transmit content that violates the privacy, intellectual property, or other proprietary rights of any third party;
b. Transmit viruses, Trojan horses, worms, malicious code, or other harmful or destructive content;
d. Harm the goodwill or standing of Bailey Law Offices, LLC or any of its clients, partners, employees, affiliates, agents, contractors, or representatives;
e. Attempt to probe, scan, test, or violate the security features of the Website or of any associated system or network, or to obtain unauthorized access to materials or other information stored thereon;
f. Attempt to interfere with the use of the Website by any other user.
Bailey Law Offices, LLC reserves the right to cooperate fully in any investigation by law enforcement officials of any violation of this Agreement.
CONSENT TO RECEIVE EMAIL FROM Bailey Law Offices, LLC
By becoming a client of Bailey Law Offices, LLC, You consent to receive Bailey Law Offices, LLC’s periodic newsletter (the “Newsletter”), which Bailey Law Offices, LLC distributes by email to Your address on file with Bailey Law Offices, LLC. When You complete Bailey Law Offices, LLC’s online case submission form, You may also choose to be added to Bailey Law Offices, LLC’s newsletter emailing list. If You are not a client and would like to stop receiving Bailey Law Offices, LLC’s newsletter or other automated follow-up emails, You should click on the opt-out link contained in any of the email newsletters or other automated follow-up emails.
The content located on the Website, including without limitation this Agreement, is the copyrighted property of Bailey Law Offices, LLC or its licensors. Similarly, the Bailey Law Offices, LLC name, the KRInternetLaw.com domain name, the registered service mark, “Pioneering the Internet Law Frontier,” the service mark, “Internet Law Is Our Domain,” and all other names and logos used by Bailey Law Offices, LLC in connection with the offering of Bailey Law Offices, LLC’s goods and services are the trademarks and service marks, or registered trademarks, or registered service marks, of Bailey Law Offices, LLC or its licensors. Except as explicitly permitted, neither Your use of the Website nor this Agreement grants You any right, title or interest in or to Bailey Law Offices, LLC and Bailey Law Offices, LLC’s licensors’ copyrights, trademarks and service marks. Copyright © 2019 to the present, Bailey Law Offices, LLC, LLP. ALL RIGHTS RESERVED.
If You believe that material located on or linked to by the Website infringes one or more of Your copyrights, please immediately notify Bailey Law Offices, LLC by means of a fax to 415-955-1158. Your fax should include: a signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf; an identification of the copyright claimed to have been infringed; a description of the nature and location of the material that You claim to infringe Your copyright, in sufficient detail to permit Bailey Law Offices, LLC to find and positively identify that material; Your name, address, telephone number, and email address; and a statement by You (i) that You believe in good faith that the use of Your copyrighted material is not authorized by law, or by the copyright owner or such owner’s agent and, (ii) under penalty of perjury, that all of the information contained in Your faxed notice is accurate, and that You are either the copyright owner or a person authorized to act on their behalf.
DISCLAIMER OF WARRANTIES
Bailey Law Offices, LLC HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, Bailey Law Offices, LLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. OPERATION OF THE WEBSITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ALL HARMS, WHETHER TO YOU OR TO ANY THIRD PARTY, ARISING OR RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION AS RELATE TO ANY DAMAGE TO YOUR SYSTEMS OR DATA.
LIMITATION OF LIABILITY
THE LIABILITY OF Bailey Law Offices, LLC IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Bailey Law Offices, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, REGARDLESS OF ANY ADVICE OR NOTICE GIVEN TO Bailey Law Offices, LLC, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE. ADDITIONALLY, THE MAXIMUM LIABILITY OF Bailey Law Offices, LLC UNDER ALL CIRCUMSTANCES WILL BE THE AMOUNT PAID BY YOU TO Bailey Law Offices, LLC IN CONSIDERATION OF YOUR USE OF THE WEBSITE OR $25, WHICHEVER IS LESS. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN Bailey Law Offices, LLC AND YOU. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
You agree to defend, indemnify, and hold harmless Bailey Law Offices, LLC and its partners, employees, affiliates, agents, contractors, and representatives (the “Bailey Law Offices, LLC Parties”) from and against all claims, losses, costs, damages, liabilities, and expenses (including without limitation attorneys’ fees) arising out of or relating to: (i) Your use of the Website; (ii) any violation by You of this Agreement; or (iii) Your submission to Bailey Law Offices, LLC by means of the Website of incomplete, inaccurate or untimely information or other data. The Bailey Law Offices, LLC Parties shall have the right, but not the obligation, to participate through counsel of their choice in any defense by You under this Section.
In the event of a breach by You, this Agreement and all licenses granted thereunder shall automatically terminate, except that the following provisions will survive: 4-5, 9-12 and 15. Any termination of this Agreement terminates all of Your rights to use the Website, including Your license to the content located thereon. Without limiting any other provision of this Agreement, Bailey Law Offices, LLC reserves the right to, in its sole discretion and without notice or liability, deny use of the Website to any person for any reason or no reason at all.
COMMUNICATION CONCERNING AVAILABILITY OF PROFESSIONAL EMPLOYMENT
The Website and certain issues of the Newsletter are “communications” within the meaning of Rule 1-400 of the California Rules of Professional Conduct. Neither this Website nor the Newsletter is intended as, nor should they in any way be construed as, “Solicitations” as also defined by Rule 1-400. If You believe that the Website violates any applicable ethical rule, whether in Your jurisdiction or elsewhere, You should immediately leave the Website, and should disregard all information and other materials available thereon.
CHOICE OF LAW; JURISDICTION AND VENUE
The Website is located and operated by Bailey Law Offices, LLC in San Francisco, California. This Agreement shall be interpreted and enforced as though executed in San Francisco, and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THE WEBSITE OR THIS AGREEMENT WILL BE THE STATE AND FEDERAL COURTS LOCATED IN SAN FRANCISCO, CALIFORNIA. YOU HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.
ENTIRE AGREEMENT; AMENDMENT
This Agreement constitutes the entire agreement between Bailey Law Offices, LLC and You concerning Your use of the Website. This Agreement may only be modified as stated in Section 2, above, or by amendment signed by an authorized representative of Bailey Law Offices, LLC.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of Bailey Law Offices, LLC. Notwithstanding the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
Without limiting any other provision of this Agreement, this Agreement creates no agency, partnership, joint venture, or employee-employer relationship between You and Bailey Law Offices, LLC.