THE ENTREPARTNERS' ADVOCATE'S TERMS OF SERVICE [Effective: March 3, 2017]
Changes / Modifications
EA may also modify or discontinue the WEBSITE at any time and/or without notice, and bears no obligation whatsoever in connection with any modification or discontinuance of the WEBSITE.
Informational Purposes Only
EA provides the WEBSITE solely for informational purposes. THE WEBSITE DOES NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, LEGAL ADVICE OR OPINION.
You are hereby granted a non-exclusive license to download and display the WEBSITE exclusively for Your personal, non-commercial use.
No Attorney-Client Relationship
YOUR USE OF THE WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND EA, its agents or employees, or BETWEEN YOU and DONNA G. MATIAS, Esq., her agents or employees. SIMILARLY, THE TRANSMISSION OF INFORMATION TO AND FROM EA or DONNA G. MATIAS BY MEANS OF THE WEBSITE IS NOT AN ATTORNEY-CLIENT COMMUNICATION. If You would like MS. MATIAS to represent You in a legal matter, You must make such arrangements separately and in writing. If MS. MATIAS agrees to provide You with legal services, she will send You a letter of engagement specifying those legal services. You must execute and return that engagement agreement, and MS. MATIAS must be able to confirm its receipt, in order for an attorney-client relationship to have formed.
Unless an attorney-client relationship exists between You and MS. MATIAS, You may not represent to any third party, either directly or by implication, that such a relationship exists, or that MS. MATIAS is in any way involved in Your legal matters. This includes but is not limited to prohibiting You from copying (e.g., via text, or “cc”-ing or “bcc”-ing) Ms. Matias, EA, or any agent or employee of either, on any correspondence or communication that could reasonably be interpreted by any third party to mean that You are represented by MS. MATIAS.
No Attorney-Client Privilege
BECAUSE YOU ARE NOT A CLIENT OF MS. MATIAS, INFORMATION PROVIDED BY YOU TO HER MAY NOT BE PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE. Ms. Matias might have represented or in the future will represent a party whose interests are adverse to Yours. In that case, Ms. Matias may not be able to treat information received from You as privileged and/or confidential. You agree that unless an attorney-client relationships exists between you and Ms. Matias, any communications or information between you will not be protected by an attorney-client privilege.
You represent and warrant that You will not use the WEBSITE to:
a. Upload or transmit content in violation of any rights of any third party, including the privacy, intellectual property or other proprietary rights;
b. Transmit viruses, Trojan horses, worms, malicious code or any harmful or destructive content, or potentially harmful or destructive content;
d. In any way harm or threaten to harm the goodwill or standing of EA, Ms. Matias, or any of their clients, partners, employees, affiliates, agents, contractors or representatives;
e. Make any 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.
EA reserves the right to cooperate fully in any investigation by law enforcement officials of any violation of this AGREEMENT.
Consent to Receive E-mail
By becoming a client of EA for consulting services or providing us with your email address, You consent to receive periodic communication via e-mail to the email address on file with EA. If You would like to stop receiving these communications, You can click on the opt-out link contained in any of the e-mail newsletters or other automated follow-up e-mails.
Unless otherwise noted, all content on the WEBSITE, is EA’s (or its licensor’s) copyright-protected material. Similarly, the EA name, the ENTREPARTNERSADVOCATE.COM domain name, and all other names and logos used by EA in connection with the offering its goods and services are the trademarks and service marks, or registered trademarks or registered service marks, of EA or its licensors. Neither Your use of the Website nor this AGREEMENT grants You any right, title or interest in or to EA and EA’s licensors’ copyrights, trademarks and service marks unless otherwise permitted in writing.
If You believe any material located on or linked to by the WEBSITE infringes one or more of Your copyrights, please immediately notify EA by identifying the allegedly copyrighted material; providing a sufficient description of the material you claim infringes Your copyright so that EA can locate it; your signature, electronic or physical, if You are the copyright owner or a person authorized to act on their behalf; Your name, address, telephone number and e-mail 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 notice is accurate, and that You are either the copyright owner or a person authorized to act on behalf of the copyright owner.
Disclaimer of Warranties
EA HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, EA 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 NON-INFRINGEMENT. UNINTERRUPTED OR ERROR-FREE OPERATION OF THIS WEBSITE CANNOT BE GUARANTEED. YOU ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ALL HARMS, WHETHER TO YOU OR TO ANY THIRD PARTY, ARISING OUT OF OR RESULTING FROM YOUR USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION AS RELATE TO ANY DAMAGE TO YOUR SYSTEMS, DATA, OR DEVICES.
EA’S LIABILITY IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EA WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF ANY ADVICE OR NOTICE GIVEN TO EA, ARISING OUT OF OR RELATING TO YOUR USE OF THIS WEBSITE. ADDITIONALLY, EA’S MAXIMUM LIABILITY UNDER ALL CIRCUMSTANCES WILL BE THE AMOUNT PAID BY YOU TO EA 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 YOU AND EA. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
You agree to defend, indemnify, and hold harmless EA and its agents, employees, contractors, affiliates, and representatives (the “EA 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 EA via the WEBSITE any incomplete, inaccurate, or untimely information or other data. The EA Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You under this Section.
Should You breach this AGREEMENT, it and all licenses granted thereunder will automatically terminate, except that the following provisions will survive: **No Attorney-Client Relationship, No Attorney-Client Privilege, Consent to Receive E-mail from EA, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, and Communication Concerning Availability of Professional Conduct.** Any termination of this AGREEMENT terminates in total all of Your rights to use the WEBSITE, including Your license to the content located thereon.
EA 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 Under Rules of Professional Conduct
The content on this WEBSITE may be deemed “communications” within the meaning of Rule 1-400 of the California Rules of Professional Conduct. This WEBSITE should not in any way be construed as a “Solicitation” as also defined by that rule. 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
EA operates the WEBSITE in Orange County, California. This AGREEMENT will be interpreted and enforced as though executed therein, and is governed by and will be construed according to the laws of the State of California without regard to its conflict of law principles. ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THIS WEBSITE OR THIS AGREEMENT WILL BE THE STATE AND FEDERAL COURTS LOCATED IN SANTA ANA, CALIFORNIA. THE PARTIES 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. HOWEVER, BEFORE FILING ANY ACTION IN A COURT OF LAW, THE PARTIES WILL ATTEMPT TO RESOLVE THE DISPUTE BY WAY OF A MUTUALLY AGREED UPON DISPUTE RESOLUTION SERVICE.
Entire Agreement; Amendment
This AGREEMENT constitutes the entire agreement between EA and You concerning Your use of the WEBSITE. This AGREEMENT may only be modified as stated above, or by amendment signed by an authorized representative of EA.
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.
No part of this AGREEMENT or Your rights and obligations thereunder is assignable or transferable by You without the prior written consent of EA. 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 any other form of contractual relationship between You and EA or you and Ms. Matias.