The materials located at www.tmkattorneys.com (the "Site") are provided by TMK Attorneys ("TMK" "we" "our"). The use of the Site by the user or browser ("you") is subject to the following terms and conditions (this “Agreement”):
You agree to the terms and conditions set forth in this Agreement with respect to the Site. Please review the following terms carefully. If you do not agree to these terms, you should not use the Site. This Agreement constitutes the entire and only agreement between you and TMK, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the subject matter of this Agreement. We reserve the right to change this Agreement at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. If you violate the terms of this Agreement, we may terminate your use of the Site, bar you from future use of the Site and/or take appropriate legal action against you.
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 allowed expressly below, is strictly prohibited. You do not acquire ownership rights to any article, document or other materials posted on or 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. Some of the content on the Site may be the copyrighted work of third parties.
We respect the intellectual property of others and asks you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
Notices of claims of copyright infringement on the Site should be directed to TMK Attorneys, 8383 Wilshire Blvd., Ste 850, Beverly Hills, CA 90211 attn: Compliance Officer.
You are granted a non-exclusive, non-transferable, revocable license: to access and use the Site solely in accordance with this Agreement; to use the Site solely for internal, personal, non-commercial purposes; and to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content provided therein.
Pursuant to New York DR 2-101, you are advised that the contents of the Site constitute attorney advertising and that prior results do not guarantee a similar outcome.
This Site and all Content is intended for informational purposes only. The information provided on the Site is provided only as general information, which may or may not reflect the most current legal developments. The opinions expressed on or through the Site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Information contained on or made available through the Site is not intended to, and does not, constitute legal advice, recommendations, mediation or counseling under any circumstance. The Site and your use thereof does not create an attorney-client relationship. We do not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk. You should not act or rely on any information on the Site without seeking the advice of a competent attorney licensed to practice in your jurisdiction for your particular problem.
You should not select an attorney based solely on information contained on the Site or in advertisements. Engagement may not be accomplished by sending us confidential information related to you and/or your company unless we have expressly authorized the submission of such information by written authorization. If you communicate with us in connection with a matter for which we do not already represent you, you should not send us any confidential or sensitive information via e-mail or otherwise because your communication will not be treated as privileged or confidential. If you communicate with us by e-mail in connection with a matter for which we already represent you, you should note that the security of Internet e-mail is uncertain. By sending sensitive or confidential e-mail messages that are not encrypted, you accept the risks of such uncertainty and possible lack of confidentiality over the Internet.
We practice law only in jurisdictions in which we are properly authorized to do so. We do not seek to represent anyone in any jurisdiction where the Site does not comply or is in any way inconsistent with the rules governing communication of legal services in a particular state. We do not assume the representation of clients from those states where the materials do not comply with State Bar requirements and where the client is generated as a result of that communication.
Unless otherwise specified, our attorneys are not certified by the Texas Board of Legal Specialization and are not certified as specialists in any practice area by the Tennessee Commission on the Continuing Legal Education and Specialization.
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. The law is constantly changing and the information may not be complete or accurate depending on your particular legal issue. Each legal issue depends on its individual facts and different jurisdictions have different laws and regulations. We may make changes to the features, functionality or content of the Site at any time and we reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
Third party content may appear on the Site or may be accessible via links from the Site, including but not limited to, links to other Web sites. We are not responsible for and assume no liability for any third party content. We do not investigate, monitor or check such third-party content for accuracy or completeness. You understand that information and opinions expressed in any third party content or on any linked Web site on our Site represents solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our beliefs. If you decide to leave the Site and access a third-party Web site, you do so at your own risk.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. NEITHER WE NOR OUR AFFILIATED PARTIES (AS DEFINED BELOW) HAVE NO LIABILITY WHATSOEVER, EXCEPT LIMITEDLY AS PROVIDED BELOW. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES 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 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.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, IP addresses and traffic information.
You agree to indemnify, defend and hold us and our partners, associates, agents, attorneys, employees, subcontractors, successors, assigns, 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.
Neither We nor any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (i) any errors in or omissions from the Site or information obtained, (ii) the unavailability or interruption of the Site or any features thereof, (iii) your use of the Site, (iv) the content contained on the Site, or (v) any delay or failure in performance beyond the control of an Affiliated Party.
OUR AGGREGATE LIABILITY TOGETHER WITH THAT OF ANY OF OUR AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
This Agreement shall be treated as though it were executed and performed in Beverly Hills, 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. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision of this Agreement nor affect any of the rights or obligations of the parties to this Agreement. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed as much as possibly consistent with applicable law and the remaining portions shall remain in full force and effect. 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.
Any legal controversy or legal claim arising out of or relating to this Agreement or the Site (excluding legal action we or you take to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement), shall be settled solely by confidential binding arbitration before a single retired judge under the auspices of Alternative Resolution Centers (“ARC”) in accordance with commercial arbitration rules of ARC. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California. Each party shall bear one-half of the arbitration fees and costs incurred, and each party shall bear its own attorneys' fees.