What personal information do we collect from the people that visit our blog, website or app?
To contact Edmund Vincent, A Professional Law Corporation, as appropriate, you may be asked to enter your name, email address, mailing address, and phone number. During the initial consultation you may be asked for your social security number, date of birth or other details to help with your representation. Finally, financial information will be obtained for billing and potentially for matters relevant to your representation.
When do we collect information?
We collect information from you when you fill out the contact form on this website, during the initial consultation and during the course of representation.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
• To personalize user's experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To improve our website in order to better serve you.
• To allow us to better service you in responding to your customer service requests.
• To quickly process your transactions.
• To send periodic emails regarding your order or other products and services.
How do we protect visitor information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology. We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use 'cookies'?
If you disable cookies off, some features will be disabled that make your site experience more efficient and some of our services will not function properly.
Third Party Disclosure
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
We do not include or offer third party products or services on our website.
Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. We have not enabled Google AdSense on our site but we may do so in the future.
California Online Privacy Protection Act
According to CalOPPA we agree to the following:
Users are able to change their personal information:
• By emailing us
• By calling us
• In writing
How does our site handle do not track signals?
We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third party behavioral tracking?
It's also important to note that we do not allow third party behavioral tracking.
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation's consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online. We do not specifically market to children under 13.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify the users via email, phone and site notification within 1 business day. We will notify the users via letter within 7 business days. We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
• Send information, respond to inquiries, and/or other requests or questions.
• Process orders and to send information and updates pertaining to orders
• We may also send you additional information related to your product and/or service.
• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred
To be in accordance with CANSPAM we agree to the following:
• NOT use false, or misleading subjects or email addresses
• Identify the message as an advertisement in some reasonable way
• Include the physical address of our business or site headquarters
• Monitor third party email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly
• Allow users to unsubscribe by using the link at the bottom of each email
If at any time you would like to unsubscribe from receiving future emails, you can call us at (703) 865-5555 and we will promptly remove you from ALL correspondence.
Edmund Vincent, A Professional Law Corporation
355 South Grand Avenue, Suite 2450
Los Angeles, CA 90071(323) 801-6079
Last Edited on June 29, 2015
Effective as of June 29, 2015
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU ("You" or the "Authorized
User") AND EDMUND VINCENT, A PROFESSIONAL LAW CORPORATION ("We" or "Company"). BEFORE ACCESSING OR USING ANY PART OF THE WWW.EDMUNDVINCENTLAW.COM WEBSITE, YOU SHOULD READ CAREFULLY THE
FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE
AGREEMENT (the or this "TOS") AS THEY GOVERN YOUR ACCESS TO AND USE OF THIS
Company WEB SITE AND ANY PROGRAMS, SERVICES, TOOLS, MATERIALS, OR
INFORMATION AVAILABLE THROUGH THE Company WEBSITE OR USED IN
CONNECTION THEREWITH (collectively, the or this "Company WebSite"). Company IS
WILLING TO LICENSE AND ALLOW THE USE OF THIS Company WEBSITE ONLY ON THE
CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS
CONTAINED IN THIS TOS. IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT
GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE Company WEBSITE AND
ARE INSTRUCTED TO EXIT THE Company WEBSITE IMMEDIATELY!
TERMS AND CONDITIONS
1. LICENSE GRANT. The Company WebSite is provided by Company, and this TOS provides to you
a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the
Company WebSite and any programs, services, tools, materials, or information made available
through or from the Company WebSite conditioned on your continued compliance with the terms and
conditions of this TOS. This TOS permits you to use and access for personal or business purposes
only the Company WebSite (i) on a single laptop, workstation, or computer and (ii) from the Internet
or through an on-line network. You may also load information from the Company WebSite into your
laptop's, workstation's, or computer's temporary memory (RAM) and print and download materials
and information from the Company WebSite solely for your personal or business use, provided that
all hard copies contain all copyright and other applicable notices contained in such materials and
information. If you are using the Company WebSite on behalf of a company or other form of entity,
please note that such a company or entity may have a separate agreement with Company regarding
access and usage privileges for the Company WebSite, including, without limitation, a member
services agreement with Company. Nevertheless, your personal use of the Company WebSite will be
subject to the obligations and restrictions regarding use of the Company WebSite as set forth in this
2. RESTRICTIONS. The foregoing license is limited. You may not use, copy, store, reproduce,
transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially
exploit any data provided by Company through the Company WebSite in any manner not expressly
permitted by this TOS. In addition, you may not modify, translate, decompile, create any derivative
work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary
notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label,
grant a security interest in, or otherwise use in any manner not expressly permitted herein the
Company WebSite. Moreover, you may not (i) use any "deep link," "page scrape," "robot," "spider,"
or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent
manual process, to access, acquire, copy, or monitor any portion of the Company WebSite or in any
way reproduce or circumvent the navigational structure or presentation of the Company WebSite to
obtain or attempt to obtain any materials, documents, or information through any means not
purposely made available through the Company WebSite, (ii) attempt to gain unauthorized access to
any portion or feature of the Company WebSite, including, without limitation, the account of anyother
Authorized User(s), or any other systems or networks connected to the Company WebSite or to any
Company server or to any of the services offered on or through the Company WebSite, by hacking,
password "mining," or any other illegitimate or prohibited means, (iii) probe, scan, or test the
vulnerability of the Company WebSite or any network connected to the Company WebSite, nor
breach the security or authentication measures on the Company WebSite or any network connected to
the Company WebSite, (iv) reverse look-up, trace, or seek to trace any information on any other
Authorized User of or visitor to the Company WebSite, (v) take any action that imposes an
unreasonable or disproportionately large load on the infrastructure of the Company WebSite or
Company's systems or networks or any systems or networks connected to the Company WebSite, (vi)
use any device, software, or routine to interfere with the proper working of the Company WebSite or
any transaction conducted on the Company WebSite, or with any other person's use of the Company
WebSite, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to
disguise your identity or the origin of any message or transmittal you send to Company on or through
the Company WebSite, (viii) use the Company WebSite to harvest or collect e-mail addresses or other
contact information; (ix) market, co-brand, private label, separately distribute, resell, or otherwise
permit third parties to access and use the Company WebSite (or any part thereof) without Company
express, separate, and prior written permission, or (x) use the Company WebSite in an unlawful
manner or in a manner that could damage, disparage, or otherwise negatively impact Company.
3. USER OBLIGATIONS. By downloading, accessing, or using the Company WebSite in order to
view our information and materials or submit information of any kind, you represent that you are at
least the legal age of majority and will, at all times, provide true, accurate, current, and complete
information when submitting information or materials on the Company WebSite, including, without
limitation, when you provide information via a Company WebSite registration or submission form. If
you provide any false, inaccurate, untrue, or incomplete information, Company reserves the right to
terminate immediately your access to and use of the Company WebSite. In addition, you agree to
abide by all applicable local, state, national, and international laws and regulations with respect to
your use of the Company WebSite. Without limiting the generality of the foregoing, you agree that
you shall not use nor disclose to any other party in a manner not permitted by this TOS any personally
identifiable information, which you receive or which is made available from Company in connection
with this TOS. This TOS is also expressly made subject to any applicable export laws, orders,
restrictions, or regulations. You shall not export the Company WebSite (or access thereto) without
complying with such laws, orders, restrictions, or regulations. In addition, you also acknowledge and
agree that use of the Internet and access to or transmissions or communications with the Company
WebSite is solely at your own risk. While Company has endeavored to create a secure and reliable
Company WebSite, you should understand that the confidentiality of any communication or material
transmitted to/from the Company WebSite over the Internet or other form of global communication
network cannot be guaranteed. Accordingly, Company is not responsible for the security of any
information transmitted to or from the Company WebSite. You agree to assume all responsibility
concerning activities related to your use of the Company WebSite, including, providing any support
or meeting any requirements of your contracts with third parties, obtaining and paying for all licenses
and costs for third-party software and hardware necessary for implementation of the Company
WebSite, and maintaining and backing up any data. Any support, training, updates, upgrades, or
maintenance of or for the Company WebSite shall only be available through the sole discretion of
Company or pursuant to the terms and conditions of a separate written agreement with Company.
4. DELIVERY OF INFORMATION. When using and/or to facilitate the operation of certain features
of the Company WebSite, you may provide Company with additional content or information (a
"Posting"). In connection with delivering and providing to Company any such Posting, you hereby
and automatically grant to Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sublicensable right and license (through multiple tiers) to copy, distribute, create derivative works
from, display, modify, reformat, transmit, and otherwise use any such content or information as
necessary in connection with the Company WebSite and Company's service obligations in any form,
media, or technology now known or later developed for the full term of any rights that may exist in
such content or information. With respect to any such content or information, you must also obtain at
your sole expense all necessary consents, rights, permissions, and clearances (and provide Company
with reasonable proof thereof (if requested)) required for Company to use such content or information
in connection with Company's services and the Company WebSite. Notwithstanding the foregoing,
you acknowledge and agree that Company shall not be responsible for any failures, inoperability,
delays, or problems caused by your failure to obtain the necessary rights, clearance or permission or
to provide any necessary content or information for your use of the Company WebSite in a timely or
accurate manner. Moreover, Company assumes no responsibility for the deletion of or failure to store
any content or information.
5. OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to
membership, receipt of services, participation in a particular program, conference, training, or
seminar, Authorized User registration with the Company WebSite, and/or to other specific portions or
features of the Company WebSite, all of which are made a part of this TOS by this reference. In
particular, this TOS, in and of itself, shall not entitle you to any of the Company membership benefits
until you execute and Company accepts Company's member services agreement with Company. You
agree to abide by such other notices, terms, and conditions. If there is a conflict between this TOS
and the terms posted for or applicable to a specific portion of the Company WebSite, the latter terms
shall control with respect to your use of that portion of the Company WebSite. Company's
obligations, if any, with respect to its programs, services, tools, materials, or information are governed
solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and
nothing on this TOS should be construed to alter such terms, conditions, notices, and agreements.
programs, services, tools, materials, or information of the Company WebSite requires the submission,
use, and dissemination of various personal identifying information. Accordingly, if you wish to
access and use those programs, services, tools, materials, or information of the Company WebSite,
you acknowledge and agree that your use of the Company WebSite will constitute acceptance of
Company's personal identifying information collection and use practices. Please see Company's
7. POSTINGS. This Company WebSite may contain blogs, message boards, comment areas,
questionnaires, chat rooms, and other interactive features where Authorized Users can share and
display certain Postings. To the extent that the Company WebSite contains such communication
forums (collectively, “Forums”), you agree that by using the Company WebSite you will not post or
transmit any of the following materials on the Company WebSite’s Forums:
a. anything that interferes with or disrupts the Company WebSite or the operation thereof,
b. statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any
way infringes on the rights of others,
c. unauthorized copyrighted materials or any other material that infringes on the intellectual
property rights, trade secrets, or privacy of others,
d. statements or material that violates other contractual or fiduciary rights, duties, or
e. statements or material that is bigoted, hateful, or racially offensive,
f. statements or material that encourages criminal conduct or that would give rise to civil
liability or otherwise violates any law or regulation in any jurisdiction,
g. statements or material that constitutes anti-competitive collaboration and/or antitrust
h. statements or material that contains vulgar, obscene, profane, or otherwise objectionable
language or images that typically would not be considered socially or professionally
responsible or appropriate in person,
i. statements or material that harms minors,
j. statements or material that impersonates any other person or entity, whether actual or
fictitious, including, without limitation, employees and representatives of Company,
k. statements or material that misrepresents your affiliation with any entity and/or Company,
l. anything that violates the privacy or publicity rights of any other person, including, without
limitation, displaying any personal identifying information of another individual,
m. chain letters or pyramid schemes,
n. statements or material that constitutes junk mail, spam, or unauthorized advertising or
o. statements or material that are “off-topic” for a designated Forum, and
p. files that contain malicious code, viruses, corrupted files, or any other similar software or
programs that may damage the operation of another’s computer, network, or the Company
As Forums are public, the Authorized User experience is enhanced if you follow the foregoing and
following guidelines. Please use etiquette. Please do not post any content or information of a
personal nature, such as video or audio of friends and family. Please be succinct and stay on topic
within a particular Forum. Please remember to respect others and their opinions. Company
encourages open and sincere communication, but urges all Authorized Users to remember that
Forums are intended to be a resource for all.
8. PERMISSION TO USE POSTINGS. You represent that you have all necessary rights to make the
Posting available to Company and a Forum, and you also acknowledge that such Postings are nonconfidential
for all purposes and that Company has no control over the extent to which any idea or
information may be used by any party or person once it is posted or displayed. Accordingly,
notwithstanding this right and license, it is understood that by merely permitting your information,
content, and materials to appear on the Company WebSite, Company has not become and is not a
publisher of such information, content, and materials and is merely functioning as an intermediary to
enable you to provide and display a Posting. Moreover, Company assumes no responsibility for the
deletion of or failure to store any Posting and recommends that you do not post, display, or transmit
any confidential or sensitive information.
9. NO PRE-SCREENING OF POSTINGS. Company is not responsible for screening, policing,
editing, or monitoring your or another Authorized User’s Postings and encourages all of its
Authorized Users to use reasonable discretion and caution in evaluating or reviewing any Posting.
Moreover, and except as provided below with respect to Company's right and ability to delete or
remove a Posting (or any part thereof), Company does not endorse, oppose, or edit any opinion or
information provided by you or another Authorized User and does not make any representation with
respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice,
opinion, statement, or other material displayed, uploaded, or distributed by you or any other
Authorized User. Nevertheless, Company reserves the right to delete or take other action with respect
to Postings (or parts thereof) that Company believes in good faith violate this TOS and/or are, or are
potentially, unlawful or harmful to Company or its products, services, and goodwill. If you violate
this TOS, Company may, in its sole discretion, delete the unacceptable content from your Posting,
remove or delete the Posting in its entirety, issue you a warning, and/or terminate your use of the
Company WebSite. Moreover, it is a policy of Company to take appropriate actions under the Digital
Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws.
If you become aware of Postings that violate these rules regarding acceptable behavior or content,
you may contact Company as provided below.
10. PROPRIETARY RIGHTS. This TOS provides only a limited license to access and use the
Company WebSite. Accordingly, you expressly acknowledge and agree that Company transfers no
ownership or intellectual property interest or title in and to the Company WebSite to you or anyone
else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer
code (including html code), programs, software, products, information, and documentation as well as
the design, structure, selection, coordination, expression, "look and feel," and arrangement of any
content contained on or available through the Company WebSite, unless otherwise indicated, are
owned, controlled, and licensed by Company and its successors and assigns and are protected by law
including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well
as other state, national, and international laws and regulations. Except as expressly provided herein,
Company does not grant any express or implied right to you or any other person under any
intellectual or proprietary rights. Accordingly, your unauthorized use of the Company WebSite may
violate intellectual property or other proprietary rights laws as well as other laws, regulations, and
statutes. Please be aware that Company does enforce its intellectual property rights to the fullest
extent of the law and, in particular and without limitation, with respect to illegal use of terms
confusingly similar to any of Company's trademarks. This Company WebSite is Copyright © 2015
by Edmund Vincent, A Professional Law Corporation, and/or its licensors. All rights reserved. Company also owns a copyright in the
contents of the Company WebSite as collective work and/or compilation and in the selection,
coordination, arrangement, and enhancement of the content of the Company WebSite. Any
downloadable or printable programs, directories, databases, information, or materials available
through the Company WebSite and all copyrights, trade secrets, and know-how related thereto, unless
otherwise indicated, are owned by Company. EdmundVincentLaw.com, Company, the Company logo, and all other
names, logos, and icons identifying Company and its programs, products, and services are proprietary
trademarks of Company, and any use of such marks, including, without limitation, as domain names,
without the express written permission of Company is strictly prohibited. Other service and entity
names mentioned herein may be the trademarks and/or service marks of their respective owners.
11. FEEDBACK AND SUBMISSIONS. Company welcomes your feedback and suggestions about
Company's products or services or the Company WebSite. By transmitting any suggestions,
information, material, or other content (collectively, "feedback") to Company, you represent and
warrant that such feedback does not infringe or violate the intellectual property or proprietary rights
of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you
have all rights necessary to convey to Company and enable Company to use such feedback. In
addition, any feedback received through the Company WebSite will be deemed to include a royaltyfree,
perpetual, irrevocable, transferable, non-exclusive right and license for Company to adopt,
publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display
(in whole or in part) worldwide, or act on such feedback without additional approval or consideration,
in any form, media, or technology now known or later developed for the full term of any rights that
may exist in such content, and you hereby waive any claim to the contrary.
12. LINKS TO OTHER SITES. Company may provide links, in its sole discretion, to other sites on the
World Wide Web for your convenience in locating or accessing related information, products, and
services. These sites have not necessarily been reviewed by Company and are maintained by third
parties over which Company exercises no control. Accordingly, Company expressly disclaims any
responsibility for the content, the materials, the accuracy of the information, and/or the quality of the
products or services provided by, available through, or advertised on these third-party Web sites.
Moreover, these links do not imply an endorsement with respect to any third party or any Web site or
the products or services provided by any third party.
13. THIRD-PARTY PRODUCTS/SERVICES. Company, in its sole discretion, may post the
advertisements of third parties on the Company WebSite and/or feature materials, programs, products,
and services provided by third parties, including, without limitation, Company's members. Company
makes no representations with respect to, nor does it guarantee or endorse, the quality, noninfringement,
accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party
materials, programs, products, and services or any other materials, programs, products, and services
which such third-party materials, products, and services may access. Your correspondence or any
other dealings with third parties found on the Company WebSite are solely between you and such
third party. Accordingly, Company expressly disclaims responsibility and liability for all third-party
provided materials, programs, products, and services contained on or accessed through the Company
WebSite, and you agree that Company shall not be responsible for any loss or damage of any sort
incurred as a result of any such dealings or as the result of the presence of such third parties on the
14. DISCLAIMER. WHILE Company ENDEAVORS TO PROVIDE RELIABLE INFORMATION,
SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS, THE INFORMATION, SERVICES,
PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE Company
WEBSITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY
INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. Company IS ALSO NOT
RESPONSIBLE FOR ANY POSTINGS PROVIDED BY YOU THAT ARE AVAILABLE
THROUGH OR FROM THE Company WEBSITE. MOREOVER, Company MAY MAKE
MODIFICATIONS AND/OR CHANGES IN THE Company WEBSITE OR IN THE
INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON
THE Company WEBSITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE
RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES,
PROGRAMS, AND MATERIALS AVAILABLE ON THE Company WEBSITE. Company MAKES
NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE
ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY,
LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, AND
MATERIALS AVAILABLE ON THE Company WEBSITE FOR ANY PURPOSE, AND
EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY
UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED
BY ANY STATE. Company ALSO MAKES NO REPRESENTATION OR WARRANTY THAT
THE Company WEBSITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED
FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE
SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
15. LIMITATION OF LIABILITY. You expressly absolve and release Company from any claim of
harm resulting from a cause beyond Company's control, including, but not limited to, failure of
electronic or mechanical equipment or communication lines, telephone or other connection problems,
computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural
disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO
EVENT SHALL Company BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF THE Company WEBSITE, WITH THE DELAY OR
INABILITY TO USE THE Company WEBSITE, OR FOR ANY INFORMATION, SERVICES,
PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE Company
WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE,
EVEN IF Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL
LIABILITY OF Company FOR ANY REASON WHATSOEVER RELATED TO USE OF THE
Company WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO Company
IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING
THE PRIOR THREE MONTHS.
16. INDEMNITY. You agree to defend, indemnify, and hold harmless Company and affiliates and all of
their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns
from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and
expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from any
breach by you of this TOS.
17. NOTICE OF SECURITY BREACH. In addition to the foregoing indemnification obligation, if
you discover or are notified of a breach or potential breach of security with respect to any personally
identifiable information provided or made available by Company, you shall immediately (i) notify
Company of such breach or such potential breach and (ii) if the applicable data was in your
possession or control, including, without limitation, in instances where such possession or control was
permitted by this TOS at the time of such breach or potential breach, you shall immediately (a)
investigate such breach or such potential breach, (b) inform Company of the results of such
investigation, (c) assist Company using commercially reasonable efforts in maintaining the
confidentiality of such information, and (d) assist Company as reasonably necessary to enforce
Company's rights and to enable Company to comply with any state or federal law requiring the
provision of notice of any security breach with respect to any personally identifiable information of
the affected or impacted data subjects.
18. GOVERNING LAW. This TOS has been made in and will be construed and enforced solely in
accordance with the laws of the United States of America and the State of California, U.S.A. as
applied to agreements entered into and completely performed in the State of California. You and
Company each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and
venue of the courts in the State of California for any disputes between us under or arising out of this
TOS. You also agree to waive any right to a jury trial in connection with any action or litigation in
any way arising out of or related to this TOS and acknowledge that either party may seek attorney's
fees in any proceeding. Any claim you might have against Company must be brought within two (2)
years after the cause of action arises, or such claim or cause of action is barred. You also
acknowledge and agree that any applicable state law implementation of the Uniform Computer
Information Transactions Act (including any available remedies or laws) shall not apply to this TOS
and is hereby disclaimed. Company makes no representation that the Company WebSite is
appropriate or available for use in other locations outside the State of California, and access to the
Company WebSite from sates, territories, or nations where any aspect of the Company WebSite is
illegal is prohibited. You access the Company WebSite on your own volition and are responsible for
compliance with all applicable local laws with respect to your access and use of the Company
WebSite. A printed version of this TOS and of any related notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to this TOS to the same
extent and subject to the same conditions as other business documents and records originally
generated and maintained in printed form. Please contact Company if you wish to receive a printed
copy of this TOS.
19. ENFORCING SECURITY ON THE SITE. Actual or attempted unauthorized use of the Company
WebSite may result in criminal and/or civil prosecution, including, without limitation, punishment
under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Company reserves the
right to view, monitor, and record activity on the Company WebSite without notice or permission
from you, including, without limitation, by archiving notices or communications sent by you through
the Company WebSite. Any information obtained by monitoring, reviewing, or recording is subject
to review by law enforcement organizations in connection with investigation or prosecution of
possible criminal or unlawful activity on the Company WebSite as well as to disclosures required by
or under applicable law or related government agency actions. Company will also comply with all
court orders involving requests for such information. In addition to the foregoing, Company reserves
the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or
access to the Company WebSite, or any portion of the Company WebSite, in order to protect the
Company WebSite, Company, or Company's business.
20. TERM AND TERMINATION. This TOS and your right to use the Company WebSite will take
effect at the moment you click "I ACCEPT" or you install, access, or use the Company WebSite and
is effective until terminated as set forth below. In addition, Company reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or
omissions that violate any term or condition of this TOS, to deny your access to the Company
WebSite or to any portion thereof in order to protect its name and goodwill, its business, and/or other
Authorized Users, and this TOS will also terminate automatically if you fail to comply with this TOS,
subject to the survival rights of certain provisions identified below. Termination will be effective
without notice. You may also terminate this TOS at any time by ceasing to use the Company
WebSite, but all applicable provisions of this TOS will survive termination, as identified below.
Upon termination, you must destroy all copies of any aspect of the Company WebSite in your
possession. In addition to the miscellaneous section below, the provisions concerning Company's
proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing
law will survive the termination of this TOS for any reason.
21. MISCELLANEOUS. You acknowledge that any breach, threatened or actual, of this TOS will cause
irreparable injury to Company, such injury would not be quantifiable in monetary damages, and
Company would not have an adequate remedy at law. You therefore agree that Company shall be
entitled, in addition to other available remedies, to seek and be awarded an injunction or other
appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened
or actual, of your obligations under any provision of this TOS. Accordingly, you hereby waive any
requirement that Company post any bond or other security in the event any injunctive or equitable
relief is sought by or awarded to Company to enforce any provision of this TOS. The parties agree
that this TOS is for the benefit of the parties hereto as well as Company's licensors. Accordingly, this
TOS is personal to you, and you may not assign your rights or obligations to any other person or
entity without Company's prior written consent. Failure by Company to insist on strict performance
of any of the terms and conditions of this TOS will not operate as a waiver by Company of that or any
subsequent default or failure of performance. If any provision (or part thereof) contained in this TOS
is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or
on account of a conflict with an applicable government regulation, such determination shall not affect
the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable
clause shall be modified in compliance with applicable law in a manner that most closely matches the
intent of the original language. No joint venture, partnership, employment, or agency relationship
exists between you and Company as result of this TOS or your utilization of the Company WebSite.
represents the entire agreement between you and Company with respect to use of the Company
WebSite, and it supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral, or written between you and Company with respect to the Company WebSite.