WMA Terms Of Use

This site (www.wmalawfirm.com) is the property of Witham Mahoney & Abbott, LLP, a California limited liability partnership (“WMA”). You must be at least 13 years of age to use this site. Your use of this site, and any information, services or products made available through this site (collectively, the “Services”) is subject to your agreement to the terms and conditions set forth herein. By using this site, you agree to be legally bound by these terms and conditions. If you do not agree to these terms and conditions, then do not proceed any further and do not access or use this site or any of the Services made available herein.

Use of this site is solely at WMA’s discretion, and WMA reserves the right to prohibit anyone from accessing, browsing, supplying information to or downloading information from this site. You are not granted any rights in or to this site, any Services or any site related information, other than the limited right to use this site and the Services as we have authorized in accordance with the terms of this agreement and the policies and procedures that WMA may adopt and make available from time to time. WMA may terminate your access to this site at any time with or without cause.

Proprietary Information

This site contains information proprietary to WMA and its business partners, clients and customers (collectively, the “Information”) including but not limited to: (a) the site’s look, feel and embodied know-how, ideas, concepts and images, and (b) information, data or trade names or marks related to WMA, its business partners and its or their clients or customers. You acknowledge that this Information may be treated as confidential by WMA, its business partners, clients and customers and agree to take all reasonable measures to protect the confidentiality of the Information. United States copyright laws and international treaties also protect this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

If you provide information to this Site, or if you use Information made available on this site, you agree that you are solely responsible for the accuracy and content of the information you supply and for accuracy and content of modifications you make to any material made available on this site. You agree not to supply any information that infringes the intellectual property rights of any other party or that is misleading, fraudulent, defamatory, libelous, threatening, harassing, injurious to minors, pornographic, obscene or illegal. You agree: (a) not to retransmit, publicly display, sell or use the Information provided for unauthorized business purposes, and (b) not to alter or remove any of the Information or any consent or other proprietary notice or legend on any of the Information, other than Information that you have supplied. You agree to comply with all applicable laws and regulations regarding your access to and use of the site and the Services.

WMA reserves the right to remove any information you provide this site for any reason at any time.

On-line Payments

If you wish to pay online for products or Services offered on this site or if you want to make a payment on an invoice or make deposit into your retainer account, you will be asked for certain information in connection with your on-line payment transaction, including your name, address, phone number and credit card information. You agree to provide us with accurate, correct and up to date information, which we shall administer in accordance with our Privacy Policy. We may update our Privacy Policy and practices from time to time at our sole discretion.

If you make payments on this site with a credit card, you grant to us permission to charge all fees you authorize by use of the credit card you provide to us. If payment cannot be charged to your credit card or such payment is returned to us for any reason, we may either suspend or terminate your account and all services under this agreement and you agree to indemnify, defend and hold WMA and its owners, employees, agents and representatives harmless from and against all losses, fees, expenses, liabilities and damage suffered by WMA, and you agree to immediately pay WMA any unpaid account balance. You also will be responsible for paying any applicable taxes relating to your purchases. You agree that submission of any payment though WMA’s automated payment center shall not be considered “payment in full” of any amount(s) due to WMA, even if you make such a notification on your automated payment coupon. WMA reserves the right to return any such funds so designated.

Site Errors

In the event a product or Service is listed on the site at an incorrect price or with incorrect information, WMA reserves the right to correct such information and price without liability and orders or requests for such products or Services will be revised to reflect the correct price or information. WMA reserves the right to reject any orders or requests placed on the site or any reason at WMA’s discretion.

Important Disclaimers

The materials appearing on this site (www.wmalawfirm.com) have been prepared to generally inform visitors about our law firm and legal developments that may be of interest to them. Users should not rely on these materials as legal advice about specific legal issues and these materials are not guaranteed to be complete, correct, or up-to-date. Such advice can be rendered only contemporaneously and by counsel familiar with the complete facts and circumstances involved. You should not act upon the information on this website without seeking advice from a lawyer licensed in your own state or country. Posting and viewing of these materials is not intended to constitute the rendering of legal advice or to create any attorney-client relationship with the user.

If you are not currently a client of WMA, or if you are a client but wish to communicate with us about a new matter for which we are not yet engaged as your counsel, please do not send us any information regarding your legal affairs until: (1) you speak directly with one of our attorneys, (2) we have completed our conflict of interest procedures, and (3) you receive authorization to send information to us. If you choose to communicate with us via e-mail, please remember the connection may not be secure and that by contacting us you have not established an attorney-client relationship. Any information that is sent to us prior to the development of an attorney-client relationship or on a matter for which we do not already represent you may not be privileged or confidential.

IRS CIRCULAR 230 NOTICE:If you choose to communicate with us via e-mail, you acknowledge and agree that any U.S. tax advice contained in our e-mail communications (or in any attachments) is not intended or written to be used, and cannot be used, for the purposes of: (1) avoiding penalties under the Internal Revenue Code, or (2) promoting, marketing or recommending to another party any transaction or matter addressed in such communication (or in any attachment).

Disclaimer of Warranties

All forms and other documents made available on this site are provided without any warranty, express or implied, as to their legal effect and completeness. Forms and other documents should be used as a guide and modified to meet the laws in the jurisdiction relevant to your matter. Some forms may be out of date or may contain errors or information that was relevant to a transaction that may be substantially different to a transaction you are considering. Use of any formand other documents obtained through this site is at your own risk. WMA does not warrant any form or other document they provide, nor is any attorney-client or attorney-attorney relationship intended to be or is formed by your use of forms or other information obtained from this site. Some forms and other documents are public domain forms and documents which may be available from other sources. WMA is not intending to and does not legal advice in connection with the availability of any form made available on this site. The formsand other documents made available on the site by WMA are not a substitute for the advice of a qualified licensed attorney and we counsel all site visitors to consult an attorney before use of any formsand other documents made available on this site.

THE INFORMATION, FORMSAND DOCUMENTS MADE AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

Limitation of Liability

You assume full responsibility and all risk of loss resulting from your use of this site and any Information received by you from your use of this site. Under no circumstances shall we, or any of our owners, employees, affiliates, subsidiaries, suppliers, distributors, licensees, agents or representatives be liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages, arising out of or relating in any way to this site, the use of or inability to use Information on this site and/or any materials contained on this site, any linked site or any product or service purchased through this site, even if WMA has been advised of the possibility of such damages.

Miscellaneous

This agreement constitutes the entire agreement between you and WMA. Any heading, caption or section title contained in this agreement is inserted only as a matter of convenience and in no way limits any section or provision herein. This agreement is not assignable by you except with our prior written consent. If any provision of this agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This agreement shall be governed and construed in accordance with the laws of the State of California, USA, without regard for its conflict of laws principles. Any action in connection with this site and/or this agreement shall be brought only in state or federal court located in San Diego County, California, USA and you shall submit to the exclusive jurisdiction of the courts of such state.

© Copyright 2014 Witham Mahoney & Abbott, LLP. All rights are reserved. Permission is granted to view, store, print, reproduce, and distribute any pages within this site, provided that: (1) none of the pages is modified in any manner, and (2) this copyright notice is included with any distribution.