The following are terms of a legal agreement (“Agreement”) between you and Greenan, Peffer, Sallander & Lally LLP (“GPSL”). By accessing, browsing and/or otherwise using this web site (“Site”), you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to all of these terms and conditions, you may not access, browse and/or use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties.
These terms of access apply to your access to and use of this Site and do not alter in any way the terms and conditions of any other agreement you may have with GPSL for products, software, services or otherwise, unless otherwise directed by GPSL. If you breach any of these terms and conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to this Site.
The materials found at this site are for general information purposes only, are current only as of the indicated date and must not be regarded as legal advice. Transmission of information from this site is not intended to create, and receipt does not constitute, an attorney-client relationship. The information on this site is general in nature, and might not apply to particular factual or legal circumstances. Internet subscribers and online readers should not act upon this information without seeking professional advice. GPSL does not through this site seek to represent anyone in a state where this site may fail to comply with all laws and ethical rules of that state.
In addition, unsolicited e-mails and information sent to GPSL do not create an attorney-client relationship with GPSL and will not be considered confidential. GPSL accepts clients only in accordance with a formal procedure and renders legal advice only after completion of such procedure.
You agree to comply with all applicable laws, rules and regulations in accessing and/or using this Site and/or any materials. In addition, your use of the Site is conditioned on your compliance with the following rules of conduct. You agree not to:
- Use the Site for any fraudulent or unlawful purpose.
- Impersonate any person or entity, including, but not limited to, any Site employee, agent, or representative; falsely state or otherwise misrepresent your identity or your affiliation with any person or entity; or express or imply that we endorse any statement you make.
- Interfere with or disrupt the operation of the Site.
- Transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, or other harmful code.
- Restrict or inhibit any other person from using the Site, including by means of hacking or defacing any portion of the Site.
- Interfere with or violate any other Site visitor's or user's right to privacy or other rights, or harvest or collect personally identifiable information about Site visitors or users, or about GPSL attorneys, other employees and representatives identified on the Site, without their express consent.
- Sell, resell, transfer, license, or exploit for any commercial purposes any use of or access to the Site or the materials.
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site or materials.
- Frame or mirror all or any part of the Site without our prior express written authorization.
Copyright.
All Site materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of GPSL © 2005, ALL RIGHTS RESERVED, or by the original creator of the material. Permission is granted to display, copy, distribute, and download the materials on this Site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on this Site for commercial use without prior written approval of GPSL. You may not “mirror” any material contained on this Site on any other server without prior written permission from GPSL. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
Trademarks.
The trademarks, service marks, trade names, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of GPSL. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of GPSL, and may not be copied, imitated or used, in whole or in part, without the prior written permission of GPSL. You acknowledge that the Trademarks used and displayed on this Site are and shall remain the sole property of GPSL or the Trademark owner. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks in you. Further, nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission of GPSL or the Trademark owner. The misuse of the trademarks displayed on this Site, or any other content on the Site, is strictly prohibited.
Hyperlinks.
You are granted a limited, nonexclusive right to create a “hypertext” link to this Site provided that such link is to the entry page of this Site and does not portray GPSL or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any GPSL trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without GPSL’s express written consent. Links to third party sites on this Site are provided solely as convenience to you. If you use these links, you will leave this Site. GPSL has not reviewed all of these third party sites and does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof. GPSL does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk. You acknowledge and agree that GPSL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party sites.
Limited Access.
Except as otherwise expressly permitted by GPSL, any access or attempt to access other areas of the GPSL computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the Web pages on the Site or the content contained therein without GPSL’s prior, express, and written permission. You will not spam or send unsolicited e-mail to any other user of the Site for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on GPSL’s infrastructure.
LIMITATION OF LIABILITY
In no event will GPSL, its suppliers or other third parties mentioned at or in this Site be liable for any damages, including, without limitation direct, indirect, special, incidental, or consequential damages, damages resulting from lost profits, lost data or business interruption arising out of relating to the use, inability to use, or resulting from the use of this Site, any web sites linked to this Site, the materials, software or other information contained in any or all such sites, whether based on warranty, contracts, statutes, regulations, tort (including but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the government constitutes acknowledgment of GPSL’s or other owner’s proprietary rights in them.
REVISIONS TO THIS AGREEMENT
GPSL may revise this Agreement at any time without notice by updating this posting. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of use to which you are bound.
APPLICABLE LAWS & MISCELLANEOUS
If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. GPSL’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by GPSL in writing. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by GPSL. This Agreement may not be assigned in any manner by you without the express, prior written permission of GPSL. This Agreement shall be governed by and construed in accordance with the laws of the State of California notwithstanding any conflict of laws provisions. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal in the County of Contra Costa, California (the “California Courts”) for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the California Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the California courts represent the exclusive jurisdiction for all disputes relating to this Agreement.
This, together with any of GPSL's policies referred to herein, is the entire Agreement between you and GPSL relating to your use of the Site or the materials, and supersedes any and all prior or contemporaneous written or oral Agreements between you and GPSL regarding the same subject matter (except other written, fully-executed contracts between you and GPSL). Neither the course of conduct between you and GPSL, nor trade practice, shall act to modify any provision of this Agreement.
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