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WEBSITE
DISCLAIMER
Pacific West Law Group LLP
ON-LINE
SERVICE AGREEMENT
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Please read the following terms and conditions of the
Pacific West Law Group LLP On-line Service Agreement carefully and in
its entirety. By viewing or
using www.pacificwestlaw.com
you understand and agree to be bound by the terms and conditions of this
Agreement. If you do not wish to be bound by the terms and conditions of
this Agreement, you may not view or use www.pacificwestlaw.com.
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All references to “the Firm” in this Agreement shall include
the www.pacificwestlaw.com website and Pacific West Law Group LLP, a professional corporation, and
its directors, officers, employees, shareholders, agents, and attorneys,
as applicable.
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Access to view and use
www.pacificwestlaw.com
is limited to individuals eighteen years of age and older.
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Any amendment, change, or modification of this Agreement shall be
made only by the express written direction of the Firm through the posting
of any amendment, change, or modification of this Agreement on www.pacificwestlaw.com.
Any viewing or use of www.pacificwestlaw.com
by you shall be deemed an acceptance by you of any amendment, change or
modification of this Agreement by the Firm.
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The information contained in
www.pacificwestlaw.com
is for educational purposes only. It
is not intended to and does not provide, professional advice for legal
questions, or be a substitute for professional legal services. You should not rely upon the information contained in
www.pacificwestlaw.com
for any legal or financial decisions.
You should consult an attorney for advice regarding any legal
concerns.
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You may view or use
www.pacificwestlaw.com
subject
to the terms and conditions of this Agreement.
You may download or print a copy of any information provided by www.pacificwestlaw.com
for your personal use only. Any
other use in framing, downloading, or printing a copy of any information
provided by the Firm is expressly prohibited unless prior written consent
is specifically provided by the holder of the copyright of the information
and by the Firm.
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The Firm does not guarantee or warrant that
www.pacificwestlaw.com
is free of viruses or other code containing destructive properties.
You are responsible for implementing reasonable measures to prevent
the loss of code or data belonging to you.
The Firm does not assume any responsibility for your use of www.pacificwestlaw.com.
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The information contained in
www.pacificwestlaw.com
may change rapidly. The
information contained in www.pacificwestlaw.com
may be out of date, and may contain incorrect or incomplete information,
or typographical errors.
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THE FIRM DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS, OR ENDORSEMENTS, INCLUDING ANY WARRANTIES OF TITLE OR
NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO ANY
INFORMATION OR MERCANDISE PROVIDED BY OR THROUGH www.pacificwestlaw.com, EXCEPT AS
OTHERWISE SPECIFIED BY THE FIRM. THE
FIRM DOES NOT WARRANT THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY
INFORMATION OR MERCHANDISE PROVIDED BY OR THROUGH www.pacificwestlaw.com. The Firm is not be liable to anyone for any act or omission
taken in reliance upon any information provided by www.pacificwestlaw.com.
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You may not use
www.pacificwestlaw.com
for any unlawful purpose or for that which is prohibited by this
Agreement. The Firm may deny
you access to www.pacificwestlaw.com at any
time for any reason at the sole discretion of the Firm.
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The Firm shall not be liable for any damages whatsoever, including
but not limited to, damages for personal injury or wrongful death, loss of
business profits, business interruption, or loss of data, arising out of
the viewing or use of, or inability to view or use,
www.pacificwestlaw.com,
or for any reason whatsoever. You
agree to fully defend and indemnify the Firm from any legal action arising
out of your viewing or use of
www.pacificwestlaw.com.
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www.pacificwestlaw.com
may contain links to other websites operated by other parties.
Other websites may provide a hypertext link to www.pacificwestlaw.com.
The Firm is not responsible for the content or performance of those
websites. The Firm does not
operate or control those websites, and does not endorse or warrant any
information, products or services provided through those websites.
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The parties to this Agreement agree that any claim, controversy, or
dispute arising out of any viewing or use of www.pacificwestlaw.com
shall first be subject to mediation between the parties, and that such
mediation will be conducted in accordance within the rules and procedures
of the American Arbitration Association, Judicial Arbitration and
Mediation Service, or such other third party dispute resolution mechanism
as the parties hereto agree. In the event the dispute
is not resolved by mediation, the parties agree that any such unresolved
dispute shall be subject to binding arbitration under the rules and
procedures of the American Arbitration Association, Judicial Arbitration
and Mediation Service, or such other third party dispute resolution
mechanism as the parties hereto agree, and that they are waiving their
right to a jury or court trial. However,
the arbitrator(s) of such dispute may not be individuals who previously
served as the mediator of the dispute.
Said mediations or arbitrations shall be conducted in San
Francisco, California. Arbitrations
shall require a panel of three arbitrators.
Judgment upon the award entered by the arbitrators shall be binding
upon the parties and may be entered by either party in a court of
competent jurisdiction. The costs of mediation shall be split equally by the parties.
The costs of arbitration shall be subject to an order of the panel
of arbitrators. The prevailing party shall be entitled to an order awarding
it all reasonable costs and attorneys’ fees incurred by reason of the
dispute, including the costs of any expert witnesses or consultants.
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Notices hereunder must be in writing and be delivered by the U.S.
Postal Service or a United States national overnight delivery service,
addressed as follows. Notices
to the Firm must be addressed to: Pacific West Law Group LLP, attention:
Delbert C. Gee, 388 Market Street, Suite 670, San Francisco,
California 94111. Notices
shall be deemed effective five business days after deposit with the U.S.
Postal Service or two business days after deposit with a United States
national overnight delivery service.
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The parties agree that, regardless of any statute, rule, or
regulation to the contrary, any claim or cause of action against the other
party arising out of or relating to this Agreement or viewing or use of www.pacificwestlaw.com
must be filed within one year after such claim or cause of action
arose.
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This Agreement incorporates by reference all other Agreements
contained in the www.pacificwestlaw.com
website
in their entirety.
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The Firm is not responsible for delays or failure in performance
resulting from acts beyond the control of the Firm.
Such acts shall include but not limited to acts of God, strikes,
lockouts, riots, acts of war, epidemics, governmental regulations
superimposed after the fact, fire, communication line failures, power
failures, earthquakes, or other disasters.
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No alleged past or present written or oral agreement or
representation, course of conduct by you or the Firm, or any trade
practice shall act to modify this Agreement.
The provisions set forth in this Agreement are the only terms and
conditions of the Agreement. The
provisions of this Agreement shall be severable and in the event any
portion of this Agreement is deemed unenforceable, such unenforceability
shall not affect the enforceability of the remaining portions of the
Agreement.
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