Copyright © 2002 ErskineTulley ERSKINE & TULLEY, PC.
All rights reserved.
Your use of this website is subject to the following terms and conditions:
This Web Site is provided to you under the following Agreement. This Agreement constitutes the entire agreement between you and ERSKINE & TULLEY, A PROFESSIONAL CORPORATION (“ErskineTulley”)and supersedes any prior agreements between you and ErskineTulley regarding the use of this Web Site. Please read this Agreement carefully. If you are unwilling to accept the terms and conditions in this Agreement, we ask that you not use the Web Site. By accessing, browsing and/or using this Web Site, you are deemed to accept these terms and conditions and agree to be bound by this Agreement.
This Web Site is owned by ErskineTulley. All right, title, and interest to the content displayed on the Web Site, including but not limited to the Web Site’s look and feel, data, information, text, graphics, images, sound or video materials, designs, trademarks, service marks, trade names, and URL is the property of ErskineTulley, or its respective partners, agents or third parties.
No Legal Services or Attorney Client Relationship Created
All content posted on this site is provided for informational purposes only and does not constitute legal advice. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship. Internet subscribers and online readers should not act upon this information without seeking professional counsel.
Protection of Intellectual Property Rights and License
You acknowledge that content available through the Web Site, including without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors or third party advertisers (“Intellectual Property Rights”), may be protected by copyrights, trademarks, Web Site marks, patents, or other proprietary rights and laws. Except as expressly authorized by ErskineTulley herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Web Site or any content (including without limitation any software) available through the Web Site.
You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, and distribute content retrieved from the Web Site provided that you do not remove or obscure the copyright notice or other notices displayed on the content. You may not reprint, modify, distribute, or sell content retrieved from the Web Site in any way, for any commercial use without the prior written permission of ErskineTulley. Except as otherwise provided in this Agreement, nothing contained in this Agreement or on the Web Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, of any of Intellectual Property Rights. Any rights not expressly granted herein are reserved.
Compliance with Laws
You agree to comply with all applicable federal, state and local laws regarding your use of the Web Site including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.
You understand and agree that all text, graphics, software, music, sound, photographs, videos, messages, posts, data, information, or other materials (“Content”) are the sole responsibility of the person from whom the Content originated. Thus, you are responsible for all Content that you disseminate or transmit through or by means of the Web Site.
You agree that you shall not use the Web Site in any way to:
Post, disseminate, or transmit any Content that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another’s privacy;
Post, disseminate, or transmit any Content that infringes or violates any party’s copyright, trademark, trade secret, patent, or other proprietary right, including, but not limited to, using third party copyrighted materials, without appropriate permission, using third party trademarks without appropriate permission or attribution, or using or distributing third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
Post, disseminate, or transmit any worms, viruses or other harmful, disruptive, or destructive files, code, or programs;
Post, disseminate or transmit any unauthorized advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings;
Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing and Internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Web Site;
Post, disseminate or transmit any Content you do not have the right to post, disseminate or transmit;
Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
Interfere with, disrupt, or harm in any way the Web Site or servers or networks connected to the Web Site;
Electronically stalk or otherwise harass another user;
Collect or store personal data about other users;
Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about other users without their permission, except as permitted by applicable law;
Use the Web Site for any illegal purpose, in violation of any applicable laws or regulations or in violation of the rules of any other Web Sites providers, web sites, chat rooms or the like; or
Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law.
You acknowledge that ErskineTulley does not generally pre-screen Content, but that ErskineTulley and its designees shall have the right (but not the obligation) in their sole discretion to edit, refuse, remove, or move any Content that is available via the Web Site. Without limiting the foregoing, ErskineTulley and its designees shall have the right to remove any Content that violates this Agreement or that ErskineTulley considers objectionable, whether for legal or for other reasons. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that ErskineTulley may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of ErskineTulley, its users and the public. You understand that the technical processing and transmission of the Web Site, including your Content, may involve transmissions over various networks and require changes to conform and adapt to technical requirements of connecting networks or devices.
By posting Content to the Web Site, or by transmitting Content using the Web Site, (1) you represent and warrant to ErskineTulley that you have all necessary permission to post or transmit Content; and (2) you grant to ErskineTulley a worldwide, non-exclusive, perpetual, fully sub licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and /or to incorporate it in other works in any form, media, or technology now known or later developed.
Storage of Content
You agree that ErskineTulley may establish, in its sole discretion and without prior notice to you, a maximum amount of storage space for Content maintained, disseminated, or transmitted through the Web Site. You agree that ErskineTulley has no responsibility or liability for the deletion of or failure to store, any messages, communications or other Content maintained, disseminated, or transmitted through the Web Site.
Your Contact With Third Parties
Your dealings with any third parties found on or through the Web Site, including your participation in promotions, the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and the third party. ErskineTulley does not make any representations or warranties with respect to any goods or web sites that may be obtained from such third parties, and you agree that ErskineTulley will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Web Site.
The Web Site, or third parties on the Web Site, may provide links to other sites and/or resources, including advertisers, over which ErskineTulley has no control. These links are provided solely as a convenience to the user and should not be construed as an endorsement by ErskineTulley of content, products or services on those third-party web sites. ErskineTulley makes no representations or warranties with respect to the Content, ownership or legality of any such linked web sites. You agree that ErskineTulley has no responsibility for and no liability for the availability of such external sites or resources, or for the Content, advertising, products or other materials available through such sites or resources.
Disclaimer of Warranties
THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ERSKINETULLEY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ERSKINETULLEY DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. ERSKINETULLEY MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE, AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE, AS TO THE QUALITY OF ANY WEBSITES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEB SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL ERSKINETULLEY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, THE WEB SITE, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS, OR WEBSITES, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE, OR (5) ANY OTHER MATTER RELATING TO THE WEB SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT ERSKINETULLEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless ErskineTulley, its directors, officers, employees, agents, co-branders, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation, resulting from or in any way connected with your use of the Web Site, Content you submit, post, or transmit through the Web Site, your breach of this Agreement or your connection to the Web Site.
Modification or Suspension of the Web Site
You agree that ErskineTulley may, in its sole discretion, and at any time, discontinue, suspend, or modify its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you, and you agree that ErskineTulley shall not be liable for the consequences of doing so.
You agree that ErskineTulley may, in its sole discretion, and at any time, terminate your use of the Web Site, and may remove or delete any or all of your Content within the Web Site, without prior notice to you if it determines that you have (i) breached this Agreement or violated the Guidelines established for the use of ErskineTulley’s site; or (ii) infringed or violated any Intellectual Property Right of ErskineTulley or third parties; or (iii) engaged in conduct that violates applicable law. You further agree that ErskineTulley shall not be liable to you or to any third-party for the consequences of any termination of your use of or access to the Web Site. In the event of any termination of your use of or access to the Web Site, you agree that the provisions of this Agreement regarding Protection of Intellectual Property Rights and License, Trademark Notices, Indemnification, Disclaimer or Warranties, Limitations of Liability and Applicable Law shall survive any such termination.
Severability of Agreement
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the City and County of San Francisco, California.
If you have any questions or concerns with respect to this Agreement or the Web Site you may contact a representative of ErskineTulley by mail at:
ERSKINE & TULLEY, A PROFESSIONAL CORPORATION
220 Sansome Street, Suite 600
San Francisco, CA 94104