3. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted by you. The burden of proving that any Content does not violate any laws or third party rights rests solely with you. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any article, document or other materials posted on or viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the Site may be the copyrighted work of third parties.
5. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by KLG or by any third party.
6. CALIFORNIA USE ONLY. The Site is controlled and operated by KLG from its offices in the State of California. KLG makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as KLG’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
7. PROHIBITED USES. KLG imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by KLG in providing the Site.
8. COPYRIGHT INFRINGEMENT. KLG has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. KLG’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want KLG to delete, edit, or disable the material in question, you must provide KLG with all of the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit KLG to locate the material;
(d) information reasonably sufficient to permit KLG to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
(e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to KLG’s designated agent at:
Michael D. Kuznetsky, Esq.
Kuznetsky Law Group, P.C.
210 N Pass Avenue, Suite 103
Burbank, CA 91505, USA
10. ATTORNEY ADVERTISING; OUTCOMES NOT GUARANTEED. You are advised that the contents of the Site constitute attorney advertising and that prior results do not guarantee a similar outcome.
11. INFORMATIONAL PURPOSE ONLY. The materials available on the Site are intended for informational purposes only. The information provided on the Site is provided only as general information, which may or may not reflect the most current legal developments. The opinions expressed on or through the Site are the opinions of the individual author and may not reflect the opinions of KLG or any individual attorney.
12. NO LEGAL ADVICE OR ATTORNEY-CLIENT RELATIONSHIP. Information contained on or made available through the Site is not intended to, and does not, constitute legal advice, recommendations, mediation or counseling under any circumstance. The Site and your use thereof does not create an attorney-client relationship. KLG does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk. You should not act or rely on any information on the Site without seeking the advice of a competent attorney licensed to practice in your jurisdiction for your particular problem. The information contained herein does not necessarily reflect the opinions of KLG’s clients.
13. CONFIDENTIALITY OF SUBMITTED INFORMATION. Choosing an attorney should not be based solely on information contained on the Site or in advertisements, and the engagement of an attorney may not be accomplished by sending KLG confidential information related to you and/or your company through the Site or by submitting material to any individual at KLG. You may send KLG e-mail. However, if you communicate with KLG in connection with a matter for which KLG does not already represent you, you should not send KLG any confidential or sensitive information via e-mail or otherwise because your communication will not be treated as privileged or confidential. If you communicate with KLG by e-mail in connection with a matter for which KLG already represents you, you should note that the security of Internet e-mail is uncertain. By sending sensitive or confidential e-mail messages that are not encrypted, you accept the risks of such uncertainty and possible lack of confidentiality over the Internet.
14. DESIGNATION. To the extent the Bar Rules in your jurisdiction require KLG to designate a single attorney responsible for this site, KLG designates Michael D. Kuznetsky, Esq., firstname.lastname@example.org.
15. USE IN OTHER JURISDICTIONS. KLG practices law only in jurisdictions in which KLG is properly authorized to do so. KLG does not seek to represent anyone in any jurisdiction where the Site does not comply or is in any way inconsistent with the rules governing communication of legal services in a particular state. KLG is unwilling to assume the representation of clients from those states where the materials do not comply with State Bar requirements and where the client is generated as a result of that communication.
16. STATEMENT IN COMPLIANCE WITH CERTAIN RULES OF PROFESSIONAL CONDUCT. Unless otherwise specified, the attorneys listed on the Site are not are not certified as a specialist in any practice area.
17. NO WARRANTIES. KLG HEREBY DISCLAIMS ALL WARRANTIES. KLG IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KLG EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. KLG DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
18. LIMITED LIABILITY. KLG’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KLG BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, ANY ERRORS IN OR OMISSIONS FROM THE SITE OR INFORMATION OBTAINED, THE UNAVAILABILITY OR INTERRUPTION OF THE SITE OR ANY FEATURES THEREOF, THE CONTENT CONTAINED ON THE SITE, OR ANY DELAY OR FAILURE IN PERFORMANCE BEYOND THE CONTROL OF KLG. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
22. ARBITRATION. Any legal controversy or legal claim arising out of or relating to this Agreement or the Site (excluding legal action taken by KLG or you to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement), shall be settled solely by confidential binding arbitration before a single retired judge under the auspices of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in accordance with commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California. Each party shall bear one-half of the arbitration fees and costs incurred, and each party shall bear its own attorneys’ fees.