Terms of Use

Garcia Rainey Blank & Bowerbank LLP (“GRBB,” “we” or “our”), as a convenience to you, grants you access to its website, accessible via www.garciarainey.com (the “Site”), conditioned on your acceptance of the terms and conditions contained herein (these “Terms of Use”).  For the purposes of these Terms of Use, “Content” means, collectively, any content, including, without limitation any text, software, source code, applications, specifications, images, audio files, articles, and other information or content available through the Site.

ATTENTION:  PLEASE READ THESE TERMS OF USE AND THE PRIVACY POLICY CAREFULLY BEFORE USING OR SUBMITTING INFORMATION TO THE SITE.  BY USING THE SITE, YOU INDICATE THAT YOU ACCEPT THESE TERMS OF USE AND THE PRIVACY POLICY.  IF YOU DO NOT ACCEPT THESE TERMS OF USE AND THE PRIVACY POLICY, DO NOT USE THE SITE.

You agree that GRBB may revise these Terms of Use and the Privacy Policy at any time and from time to time, with or without notice to you.  When you access, use or browse the Site, you accept, without limitation or qualification, the then current version of these Terms of Use and the Privacy Policy.

These Terms of Use are effective as of March 24, 2013.

GENERAL

This Site is intended to provide information (not legal advice) about our firm, its lawyers and new legal developments.  Visitors to the Site should not act upon any information provided on the Site without consulting with legal counsel.  Transmission and receipt of information through the Site are not confidential communications and are not intended to create an attorney-client relationship.  We have the right to use and disclose any information submitted to us. Therefore, do not disclose any information that you wish to keep private unless you have been authorized to do so by one of our attorneys or you have a pre-existing written attorney-client relationship with us.

This website is not intended to be advertising and GRBB does not seek to represent any person based upon that person’s viewing of the Site in a jurisdiction where the Site fails to comply with all laws and ethical rules of such jurisdiction.

PRIVACY

Our policies concerning the use of your personal information are set forth in the Privacy Policy at www.garciarainey.com which is incorporated herein by this reference.  By using this Site, you agree to waive and release GRBB from any claim or liability in connection with the collection, use, or disclosure of information consistent with the Privacy Policy.

LICENSE AND RESTRICTIONS

Subject to the terms herein, you are hereby granted a limited, non-transferable, non-exclusive right to access and make personal use of the Site and the Content. This limited license does not include any commercial use or resale use of the Content or any plagiaristic use of the Site or the Content.  You may not (i) modify, copy, duplicate, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, license, transfer, sell or otherwise exploit for any commercial purpose all or any portion of the Site or the Content, except as expressly permitted by these Terms of Use or as specified in writing by GRBB; (ii) access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way; (iii) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content transmitted to or via the Site; (iv) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any business being conducted on the Site; or (v) attempt to reverse engineer, decompile or disassemble any of the technology used in making the Site available.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from different areas of the Site solely for your own noncommercial use.  Any other use of materials on this Site, including, but not limited to, the modification, reproduction, distribution, republication, display or transmission of any Content, without prior written permission of GRBB is strictly prohibited.

COPYRIGHTS

The Content and the Site, including the selection and arrangements thereof, are copyrighted as a collective work under the United States and other copyright laws and are the sole property of GRBB and/or its licensors and are protected by patent, trademark, copyright and other intellectual property laws and may not be used except in accordance with these Terms of Use or with GRBB’s express written consent.  Other than as necessary for your use of the Site in accordance with these Terms of Use, GRBB grants no other privileges or rights in the Content to you, and you must keep intact all patent, trademark, copyright and other proprietary notices on the Content.  Any Content owned by GRBB’s licensors may be subject to additional restrictions.  All rights are expressly reserved to GRBB and its licensors.

TRADEMARKS

All trademarks, service marks, trade names and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Site are proprietary to GRBB or other respective owners that have granted GRBB the right and license to use such Marks.  You may not display or reproduce the Marks other than with the prior written consent of GRBB, and you may not remove or otherwise modify any trademark notices from any Content.

NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or any other intellectual property right.  It is our policy to respond appropriately to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity.  If you are an owner of intellectual property who believes that your intellectual property has been improperly posted or distributed via this Site, please notify us immediately at info@garciarainey.com or by U.S. mail at Garcia Rainey Blank & Bowerbank LLP, 695 Town Center Drive, Suite 540, Costa Mesa, California 92626.  DMCA notices must be in writing and must include all of the following information:

1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site;
4. your address, telephone number, and email address and all other information reasonably sufficient to permit GRBB to contact you;
5. 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
6. a statement by you, made 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 behalf of the owner of an exclusive right that is allegedly infringed.

THIRD-PARTY LINKS

In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third parties other than GRBB (the “External Sites”).  However, GRBB has no control over these linked sites, all of which have separate privacy and data collection practices, independent of GRBB.  GRBB has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites.  These External Sites are only for your convenience and therefore you access them at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.  Links do not imply that GRBB sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites.

DISCLAIMER

THIS SITE, INCLUDING CONTENT, MATERIALS AND OTHER INFORMATION MADE AVAILABLE VIA THE SITE, INCLUDING EXTERNAL LINKS, ARE PROVIDED ON AN "AS IS," “WHERE IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS BASIS,” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, GRBB SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.  SOME JURISIDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

GRBB DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, INFORMATION OR ANY OTHER MATERIALS OR FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  FURTHERMORE, GRBB DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, OR RELIABILITY OF ANY INFORMATION MADE AVAILABLE ON THE SITE.  AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO GRBB THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL GRBB, OR ANY OF ITS PARTNERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FORM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), OR ANY DAMAGES WHATSOEVER, EVEN IF GRBB HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF THE USE, INABILITY TO USE OR RESULTING FROM THE USE OF THE SITE OR ANY EXTERNAL SITES.  IN NO EVENT WILL GRBB, ITS SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY ATION OR ANY NON-ACTION TAKEN BY YOU IN RELIANCE UPON INFORMATION PROVIDED BY OR THROUGH THE SITE.  THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  IN NO EVENT SHALL GRBB’S LIABILITY FOR DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE EXCEED TEN DOLLARS.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless GRBB, its partners, officers, directors, employees, agents and licensors from and against any and all claims, actions, losses, damages, liabilities, expenses, costs, or demands, including, but not limited to, reasonable legal fees and expenses, for all damages directly or indirectly resulting or allegedly resulting from (i) your use, misuse, or inability to use the Site, (ii) your breach of any of these Terms of Use, (iii) the use of any content or data submitted by you that infringes the patent, copyright, trademark, trade secret or other intellectual property or other rights of any third party, (iv) any inaccurate or incomplete date or any virus, worms, spyware, back door, Trojan horse or other malicious code transmitted by you, and (v) any violation of applicable laws, rules or regulations by you.  GRBB shall promptly notify you in writing of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit.  If GRBB does not hear from you promptly, GRBB reserves the right to defend such claim or suit and seek full recompense from you.  Without limitation of the foregoing, you may not settle, compromise, or dispose of any claim in any other manner without our express written consent.

COMMENTS

GRBB does not accept or consider unsolicited suggestions and materials, including any ideas, comments, feedback, suggestions, or the like (collectively, “Comments”).  Please do not submit any Comments to GRBB by electronic mail, “contact us” forms or otherwise.  Notwithstanding the foregoing and except as otherwise provided under the Privacy Policy concerning personally identifying information, if you submit Comments to GRBB, such Comments will be treated as non-confidential and non-proprietary.  Furthermore, any disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality and any other legal theory.  You agree, at our cost, to execute any documents to effect, record or perfect such assignment.   Thus, we will own exclusively all such right, title and interest in, and shall not be limited in any way in the use, commercial or otherwise, of any Comments.  You should not submit any Comments to us if you do not wish to assign such rights to us.  We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments.  You are and shall remain solely responsible for the content of any Comments you make.

APPLICABLE LAWS

Your use of this Site shall be governed in all respects by the laws of the State of California, without regard to choice of law provisions.  You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site shall be in the state or federal courts located in Orange County, California.  Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises.  GRBB’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use.  GRBB may assign its rights and duties under these Terms of Use to any party at any time without notice to you.  If GRBB is the prevailing party with respect to any claim, controversy or dispute arising under or with respect to these Terms of Use, GRBB will be entitled to recover any and all of its attorneys’ fees, costs and expenses incurred in connection with such claim, controversy or dispute. 

GENERAL

GRBB may revise these Terms of Use at any time by updating this posting.  You should visit this page from time to time to review the then-current Terms of Use because they are binding on you.  Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Site.  If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and GRBB as a result of these Terms of Use, our Privacy Policy or any use of the Site.  GRBB’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of GRBB’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by GRBB with respect to such use.  These Terms of Use and our Privacy Policy constitute the entire agreement between you and GRBB with respect to the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and GRBB with respect to the Site.  We may provide notice to you hereunder by posting announcements to the Site. 

NOTICES

Unless explicitly stated otherwise in the Site, you must provide all notices or complaints to GRBB via email at info@garciarainey.com or U.S. mail at Garcia Rainey Blank & Bowerbank LLP, 695 Town Center Drive, Suite 540, Costa Mesa, CA 92626.