1. This Agreement.
This Agreement is a legal document. By using the Site you agree to all of the following terms and conditions. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time, without specific notice to you. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
2. No Attorney Client Relationship; No Legal Advice.
Materials on this website have been prepared by the Firm for general information purposes only and are not legal advice. Transmission of the information is not intended to create, and receipt does not form, an attorney-client relationship between the sender and receiver. No one should consider any information posted on the Q&A Forum or transmitted to the Law Offices of Greg S. Bernstein, P.C. via email or any link to be confidential. Online readers should not act upon any information posted on this website without seeking professional legal advice.
3. Do Not Submit Materials to Us Without Authorization.
Do not send us confidential information, DVD’s, video tapes, scripts, treatments, business plans, a prospectus or any other material until you speak with our office and receive authorization to send that information to us.
4. The Firm’s Intellectual Property Rights.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as otherwise permitted by this Agreement, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials
5. Q&A Postings.
Users are permitted to post questions to the Q&A discussion board. You are NOT permitted to post synopsis, loglines, contact information, personal information, advertisements, solicitations, links to other sites, code, abusive, disruptive, offensive or illegal material, or violates the rights of, or harms or threatens the safety of, Users of the Site or others, or any other postings that violate the rules of conduct. The Q&A is also not intended for specific fact situations or personal legal advice, but general questions that would be of interest to other Users.
Any posting to the Q&A discussion board will not be subject to any obligation of confidentiality on our part. Moreover, The Firm shall have a perpetual license to use and be entitled to unrestricted use of any postings for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
6. Removal of Content
The Firm has no obligation to screen Content, Users, communications or information in advance and is not responsible for screening or monitoring Content posted by Users or communications between Users or others. However, The Firm shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Site that, in its sole judgment, violates this Agreement, the spirit of this Agreement, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of the Site. The Firm may take any action with respect to Content that it deems necessary or appropriate in its sole discretion if it believes that such Content could create liability for The Firm, damage The Firm’s brand or public image, or cause The Firm to lose (in whole or in part) the services of its ISPs or other suppliers.
You agree not to post, email, or otherwise make available Content through the Site that:
a) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
c) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) impersonates any person or entity, including, but not limited to, a The Firm employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
e) includes personal or identifying information about another person without that person's explicit consent;
f) is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
g) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
h) constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
i) constitutes or contains any form of advertising or solicitation;
j) includes links to commercial services or web sites;
k) advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law
l) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
m) disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Site, or that otherwise negatively affects other users' ability to use the Site;
n) employs misleading or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site;
o) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site;
p) post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
q) attempt to gain unauthorized access to The Firm's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site or The Firm, or
r) use any form of automated device or computer program that enables the submission of postings on The Firm without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
8. Restrictions and Prohibitions on Use.
Users are also prohibited from violating or attempting to violate the security of the Site, including without limitation, the following activities: (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. The Firm will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
9. Linking to the Site.
You may provide links to the Site, provided (a)seek our written permission, (b) that you do not remove or obscure, by framing or otherwise, the copyright notice, or other notices on the Site, (c) your site does not engage in illegal or pornographic activities, and (d) you discontinue providing links to the Site immediately upon request by us.
10. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
11. Third Party Content.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Site.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
14. Disclaimer of Warranties
YOU AGREE THAT USE OF
THE SITE ENTIRELY AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS
IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY
KIND. ALL EXPRESS AND IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS
ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE
FIRM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS,
ACCURACY, AND PERFORMANCE OF THE SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE FIRM DISCLAIMS ANY
WARRANTIES FOR OTHER SITES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE,
OR ACCESSED THROUGH ANY LINKS ON THE SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE FIRM DISCLAIMS ANY
WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE.
WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
15. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the same. If you believe that our Site contains content that constitutes copyright infringement, please provide our Copyright Agent the following information:
a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright 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 Site;
d) Your address, telephone number, and email 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 authorized to act on the copyright owner's behalf.
g) Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by mail:
Law Offices of Greg S. Bernstein, P.C.
301 N. Canon Dr., Suite 318
Beverly Hills, CA 90210
16. Information and Press Releases.
The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
17. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us relating to Site operations and/or intellectual property, shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of the JAMS applicable at the time the arbitration commences. The arbitration shall be conducted in Los Angeles County, California. Each party shall bear its own attorneys' fees. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.
This Agreement shall be treated as though it were executed and performed in Los Angeles, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth above. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. If any provision of this agreement is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and unenforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement. The title, headings and captions of this Agreement are provided for convenience only and shall have no effect on the construction of the terms of this agreement.