FERRUZZO & FERRUZZO, LLP TERMS AND CONDITIONS OF USE OF WEBSITE
Welcome to our website. Access to and use of any materials on the Ferruzzo & Ferruzzo, LLP (“Firm”) website (the “Site”) are subject to these terms and conditions (“Terms”). You agree to comply with and be bound by the Terms by accessing and viewing the materials on this Website. Please review these Terms carefully. Your continued use of the Website after the modifications have become effective shall be deemed your conclusive acceptance of the modified Terms.
1. Advertising. Under California Rules of Professional Conduct and the Texas Disciplinary Rules of Professional Conduct the materials and statements within the Website may be considered attorney advertising. The Firm does not make any representations or warranties about the results of any particular matter or case, as each case is unique and dependent upon a variety of factors. Unless otherwise specified, the attorneys listed in this Website are not Certified Specialists by the California State Bar or by the Texas Board of Legal Specialization.
2. Privacy. Your visit to our site is also governed by our Privacy Policy, which is incorporated herein.
3. Ownership. All content included on this website is and shall continue to be the property of the Firm and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use, or publication by you of any such content or any part of the Website is prohibited, except as expressly permitted. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Website.
4. No Attorney-Client Relationship and No Legal Advice. The information contained within this Website is not intended to create, nor does it create, an attorney-client relationship. The information contained within this Website is general in nature, and should not be relied upon by you, and is not a substitute for obtaining actual legal advice from a licensed attorney of the Firm. When using the Website, do not disclose any information to us that you wish to remain confidential. Prior to providing the Firm with any confidential information, you must speak with a Firm attorney and obtain authorization to disclose such confidential information.
5. Trademarks. Trade names, logos, and services marks of the Firm are the trademarks of the Firm, and the Firm retains all proprietary rights to the Website. The Firm retains all rights with respect to any intellectual property appearing on the Website, and no rights in such materials are transferred or assigned to you. Other product and company names mentioned on this Site may be trademarks of their respective owners.
6. Site Use. The Firm grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products, or services in violation of any law. The use of this website is at the discretion of the Firm and the Firm may terminate your use of this website at any time.
7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
8. Indemnification. You agree to indemnify, defend, and hold our partners, employees, and affiliates harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site including but not limited to your submission of any inappropriate content, any violation of law by you, or any claims made by a third party related to any submission of material or data to our Website. Your obligation to indemnify and hold us harmless shall survive the termination of these Terms. We further reserve the right to retain separate counsel and assume the exclusive defense and control of any matters that you are required to indemnify the Firm.
9. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THE FIRM DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE USING THE WEBSITE.
10. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL THE FIRM BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE ALL OF YOUR WEBSITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this agreement that directly conflict with such laws may not apply to you.
11. Use of Information. The Firm reserves the right, and you authorize us, to use and assign all information regarding website use by you and all information provided by you in any manner consistent with our Privacy Policy. The Firm further reserves the right to remove, change, update, and improve the information and documents contained within this Website without notice. You assume all responsibility for your use
12. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright
Agent at the Firm:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Website;
(d) Your address, telephone number, and e-mail address;(e) 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
(f) 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 are authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is the Managing Partner of the Firm, who can be reached in the manner provided below.
13. Applicable Law. You agree that the laws of the state of California, without regard to conflicts of laws provisions, will govern these Terms and any dispute that may arise between you and the Firm. Any legal action or proceeding related to this Website shall be brought exclusively in a federal or state court of competent jurisdiction in Orange County, CA.
14. Monitoring. The Firm reserves the right to monitor, evaluate, alter, or remove any submissions by use before they appear on the Website, or monitor or analyze your access to or use of the Website. We may disclose information regarding your access to and use of the Website surrounding your use for any reason or purpose.
15. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of the Website will otherwise remain in full force and effect.
16. Waiver. The failure of the Firm Website to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of the Terms of the Website must be in writing and signed by an authorized representative of the Firm.
17. Termination. The Firm may terminate this agreement and the Website at any time, with or without notice, for any reason.
18. Relationship of the Parties. Nothing contained in this Agreement, or your use of the Website, shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
19. Entire Agreement. These Terms constitute the entire agreement between you and the Firm and governs these Terms of your use of the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Firm with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional Terms, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. The Firm website may revise these Terms at any time and post it on the Website. Accordingly, you should visit the Website and review the Terms periodically to determine if any changes have been made. Your continued use of this Website after any changes have been made to these Terms confirms your acceptance of any such changes or amendments to the Terms.
20. Contact Information
Ferruzzo & Ferruzzo, LLP
Attention: Managing Partner
3737 Birch Street, Suite 400
Newport Beach, California 92660
949-608-6900