 |
 |
Effective July 1, 2004
These Terms of Use and Privacy Policy (“Terms”) constitute a legal and binding agreement between you and Jaczko Goddard LLP (“Jaczko Goddard”) that governs your access to the Jaczko Goddard website at http://www.jaczkogoddard.com (the “Site”). By accessing any portion of the Site, you confirm that you have read and understood, and that you agree to be bound by, these Terms. If you do not agree to these Terms, you are not permitted to access the Site.
PROFESSIONAL RESPONSIBILITY DISCLAIMER
No Legal Advice. The Site is made available for general informational purposes only, and is not intended to constitute specific legal advice or to be a substitute for advice from qualified counsel. You should not act or refrain from acting based on any information on the Site without first obtaining advice from professional counsel qualified in the applicable subject matter and jurisdictions.
No Attorney-Client Relationship. Jaczko Goddard has a policy of entering into attorney-client relationships with its clients only in accordance with certain procedures which include executing an engagement letter and addressing professional responsibility conflicts as required by the California State Bar Association. Your access of the Site or your transmission of e-mail to addresses on the Site does not create an attorney-client relationship between you and Jaczko Goddard.
No Advertising or Solicitation. The Site is not intended to be an advertisement or solicitation, but may be deemed an ADVERTISEMENT in certain jurisdictions.
Sensitive Communications. You agree that e-mail you send to Jaczko Goddard will not be treated as confidential or invoke an attorney-client privilege; provided, however, that if you are an existing client of Jaczko Goddard, any e-mail you send to Jaczko Goddard pertaining to a matter in which Jaczko Goddard represents you may be entitled to be treated as confidential or privileged. Notwithstanding the foregoing, you acknowledge that e-mail and the Internet are generally insecure media of communication, and Jaczko Goddard cannot guarantee the confidentiality of any e-mail sent to or received by it or any information submitted by you through the Site.
Authorized Jurisdictions; Certifications. The attorneys at Jaczko Goddard are only licensed to practice only in the State of California. They are not certified as specialists by any professional or government authority.
Principal Office; Responsible Attorney. To the extent the requirements of the Bar Association in your jurisdiction require such designation, Jaczko Goddard’s responsible attorney for the Site is Allison H. Goddard. Ms. Goddard may be contacted at agoddard@jaczkogoddard.com.
No Warranty of Results. The Site may contain descriptions of matters in which Jaczko Goddard successfully represented its clients. The results of these matters were dependent on their specific circumstances, and are in no way intended to be predictive of future results, even in similar circumstances, or offer any type of guarantee or assurance of outcome. Information pertaining to Jaczko Goddard’s clients may not reflect the opinions of such clients.
Jaczko Goddard respects your right to privacy. Your ability to make informed choices about the uses of your information is important. This Privacy Policy governs the collection, use, disclosure and protection of personal information provided to Jaczko Goddard when you access the Site. The terms of this Privacy Policy apply to information collected from you unless different terms are specified in another form or contract we provide to you and you consent to those other terms.
Personal Information. Personal Information is information that identifies an individual or is directly associated with a specific person or entity. Examples are your name, address, telephone number, e-mail address, credit card number, or information about activities which can be directly linked to you. Personal Information does not include data that Jaczko Goddard may collect about a group or category of persons in the aggregate from which specific personal identities have been removed or cannot be ascertained.
Collection of Personal Information. When you access the Site, which may be hosted in party or its entirety by a third party, the Site will collect information indirectly and automatically through, for example, the use of technology such as “cookies” or and “IP address.” “Cookies” are information stored on your hard drive, not on the Site. You are always free to decline cookies if your browser permits, but in that case, some portions of the Site may not operate properly. An “IP address” is a number that is automatically assigned to your computer when you use the Internet. The Site is designed so that you may generally browse it without providing any Personal Information. Certain areas of the Site, however, may require or allow the voluntary submission of Personal Information, such as the ability to send an email to Jaczko Goddard via hyperlinks on the Site.
Use of Personal Information. The Personal Information we collect is generally used to respond to your requests for information and/or send you publications and invitations that may be of interest to you. If you prefer not to receive information from us, you can let us know that by clicking on a link in specifically provided for opting-out of all lists that is placed in all correspondence we send you or sending an e-mail to info@jaczkogoddard.com with the subject line “REMOVE FROM LIST.”
Disclosure of Personal Information to Third Parties. Jaczko Goddard may share Personal Information with third parties, including affiliated firms and third parties performing services for or on behalf of Jaczko Goddard. Such services may include communications, database, event management, hosting, mailing, and marketing services. Additionally, Jaczko Goddard cannot fully ensure that your Personal Information will not be disclosed to third parties. For example, Jaczko Goddard may be legally obligated to disclose information to the government or third parties under certain circumstances, third parties may circumvent Jaczko Goddard’s security measures to unlawfully intercept or access transmissions or private communications, or an error may occur in the administration of the Site. In the unlikely event that Jaczko Goddard needs to investigate or resolve possible problems or inquiries, Jaczko Goddard may, and you authorize Jaczko Goddard to, disclose any information about you to government officials as permitted by applicable law.
GENERAL TERMS
Prohibited Uses. You will not use the Site in violation of any applicable law. Without limiting the foregoing, you will not use the Site in connection with (a) the infringement of intellectual property rights including Jaczko Goddard’s rights in its marks and any information posted on the Site; (b) the unauthorized transmission of unsolicited commercial e-mail; (c) the transmission of defamatory materials; (d) fraud; or (e) any unlawful purpose. You will not violate, attempt to violate, or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of the Site.
Copyright. The Site is protected by United States and international copyright laws. All rights are reserved. Subject to these Terms, Jaczko Goddard grants you a limited, nonexclusive, personal license to access, view, download and print information from the Site for noncommercial and information purposes. You may not modify information you received from the Site in any way and you may not remove or obscure any copyright or permission notices provided on or in connection with the Site. Jaczko Goddard does not grant to you any rights in its marks. You are free to hyperlink to any page of the publicly available pages of the Site; provided, however, that you agree to remove any such hyperlink upon Jaczko Goddard’s written request.
No Warranties. THE SITE IS PROVIDED TO YOU “AS IS.” YOUR ACCESS AND USE OF THE SITE IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY THE LAW AND RULES OF PROFESSIONAL RESPONSIBILITY IN THE APPLICABLE JURISDICTION, JACZKO GODDARD DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, QUIET ENJOYMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
Disclaimer of Liability. TO THE EXTENT PERMITTED BY THE LAW AND RULES OF PROFESSIONAL CONDUCT IN THE APPLICABLE JURISDICITON, JACZKO GODDARD DISCLAIMS LIABILITY FOR ANY LOST PROFITS OR INCOME, LOST BUSINESS OR LOST DATA, OR FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THE SITE.
Amendment. Your access to the Site will be governed by the Terms that are in effect as of the date you access the Site. Jaczko Goddard has the right in its sole discretion to amend the Terms at any time. The effective date is noted at the top of the Terms.
Miscellaneous. You agree that any dispute arising out of or in connection with the Site or these Terms will be governed by the laws of the State of California without reference to conflict of laws principles that would require the application of the laws of any other jurisdiction, and you submit to the exclusive jurisdiction and venue of the state and federal courts located in the County of San Diego, California. In the event that you gain access to information not intended to be accessed by you, you agree that you will immediately notify Jaczko Goddard and lawfully destroy all copies of such information in your possession. Jaczko Goddard may be contacted at info@jaczkogoddard.com.
Phone: 858.550.6150 | Fax: 858.225.3500
