WEB SITE USAGE AGREEMENT
BETWEEN
USER AND MICHAEL A. SAUNDERS, ESQ.
Initial Notice
Thank you for visiting our Web
site. Please read carefully the following legal agreement before using this Web
site. By using this Web site, you signify your assent to these terms of use. If
you do not agree to these terms of use, please disconnect from and do not use
this Web site.
Please keep in mind that
you are not represented by the Law Offices of Michael A. Saunders until you
have entered into a written and signed retainer agreement. Please do not think that the Law Offices of
Michael A. Saunders, or an other attorney with a link to lemonlawsource.com is
pursuing your claim for you unless and until you have entered into a formal
written retainer agreement.
The information included
herein is for reference only and does not take the place of professional legal
advice. Because the facts and
circumstances surrounding your case may require more in depth consideration, it
is highly recommended that you seek prompt professional legal advice to avoid
having your case barred by the statute of limitations or by other defenses the
opposing side may have.
Any
unauthorized use of material contained herein is at the user's own risk.
Reproduction and distribution of material contained within the website is
prohibited without prior written consent. All materials contained within this
website are the property of the Law Offices of Michael A. Saunders.
List of Restrictions
Neither the Web site nor
any element thereof, including, without limitation, text, graphics, images, or
other materials, may be copied, repurposed, uploaded, posted, transmitted, or
redistributed, except that you may download one copy of such materials to your
individual computer solely for your personal, non-commercial use only (which
also excludes any use by any governmental, educational, charitable, or other
institutional use that is not strictly a personal use by you), provided that
all copyright and other proprietary notices appearing on such materials are
strictly preserved without any alteration, modification, or obfuscation. With
respect to any software downloaded by you from the Web site, such software, and
all elements thereof, are licensed to you by Michael A. Saunders, Esq. for your
personal use only. You may not modify or prepare derivative works based upon
the Web site, or any element thereof, and you may not redistribute, sell,
decompile, reverse engineer, disassemble, or otherwise attempt to access the
source code to any software downloaded from the Web site.
Reservation of Rights
All rights, titles, and
interests in and to this Web site are owned by Michael A. Saunders, Esq. The Web site is protected by United States
copyright law and international treaty provisions, including, without
limitation, the Berne Convention. All trademarks, service marks, and trade
names are proprietary to Michael A. Saunders, Esq. None of the items mentioned
herein may be used without the express written consent of Michael A. Saunders,
Esq. All rights not expressly licensed
hereunder are reserved by Michael A. Saunders, Esq.
WARRANTY DISCLAIMER
THE WEB SITE AND ALL
ELEMENTS THEREOF ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF
ANY KIND, EXPRESS OR IMPLIED. MICHAEL A. SAUNDERS, ESQ. MAKES NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, OPINIONS EXPRESSED BY
MICHAEL A. SAUNDERS, ESQ, OR ANY USERS POSTING INFORMATION ON
LEMONLAWSOURCE.COM, OR OTHER INFORMATION, STATEMENTS OR OPINIONS CONTAINED ON
THE WEB SITE FOR ANY PURPOSE. MICHAEL A. SAUNDERS, ESQ. DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. MICHAEL A. SAUNDERS, ESQ. DOES NOT WARRANT THAT THE WEB SITE
WILL OPERATE OR PERFORM IN A MANNER THAT IS UNINTERRUPTED OR ERROR-FREE, OR
THAT THE WEB SITE OR HOST SERVER WILL BE MAINTAINED FREE OF VIRUSES OR OTHER
HARMFUL CODE. MICHAEL A. SAUNDERS, ESQ. MAKES NO WARRANTIES THAT THE
INFORMATION PRESENTED ON THE WEB SITE IS CURRENT, UP-TO-DATE, OR ACCURATE. SOME
STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING SHALL BE ENFORCEABLE TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
LIABILITY LIMITATION
UNDER NO CIRCUMSTANCE AND
REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL
MICHAEL A. SAUNDERS, ESQ. BE LIABLE TO YOU OR ANY OTHER PARTY FOR AN INDIRECT,
SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND
REGARDLESS OF CHARACTER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATING TO
LOST DATA, COMPUTER FAILURE OR MALFUNCTIONING, OR OTHERWISE. SOME STATES AND
JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INDIRECT DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. THE
FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW. YOU AGREE TO THIS ALLOCATION OF RISK IN RELATION TO YOUR USE OF THE WEB
SITE.
Links to Third
Parties' Web Sites
This Web site may contain
hyperlinks, which links the User to other documents or Web sites that are
operated by third parties other than Michael A. Saunders, Esq. Such hyperlinks
are provided solely for User's references. Michael A. Saunders, Esq. does not
control such Web sites and is not responsible for their contents. Michael A.
Saunders, Esq. inclusion of hyperlinks to such Web sites does not imply any
endorsement of the material on such Web sites or any association with their
operators. Accordingly, User agrees to hold harmless Michael A. Saunders, Esq.
its parent, subsidiaries and affiliates, and the shareholders, officers, directors,
employees, and agents of any of them against and from and against any and all
claims, demands, judgments, costs, liabilities, expenses (including attorneys'
fees), and damages arising out of claims resulting from hyperlinking,
including, without limitation, any claims alleging facts that if true would
constitute a breach by User of these terms and conditions.
Limit to California
Users
This Web site is presented
by Michael A. Saunders, Esq. from within the State of California and Michael A.
Saunders, Esq. makes no representation that materials in the Web site are
appropriate or available for use in locations outside the State of
California. This Web site is not
intended to be a solicitation or offer of legal services to residents outside
of the State of California.
Modification of These
Terms and Conditions
Michael A. Saunders, Esq.
reserves the right to change this Agreement at any time by revising the terms
and conditions herein. User is responsible for regularly reviewing these terms
and conditions. Continued use of this Web site following any such changes shall
constitute the User's acceptance of such changes.
General Terms and
Conditions
This Agreement shall be
deemed to include all other notices, policies, disclaimers, and other terms contained
in this Web site; provided, however, that in the event of a conflict between
such other terms and the terms of this Agreement, the terms of this Agreement
shall control.
This Agreement shall be
deemed to have been made in the State of California, U.S.A. and shall be
interpreted, and the rights and liabilities of the parties hereto determined in
accordance with the law of the State of California, U.S.A., without regard to
conflicts of law principles. The parties consent to the exclusive jurisdiction
of the state and federal courts for the County of San Diego, California, U.S.A.
for the determination of any claim or controversy between the parties and
arising out of or relating to this Agreement. Both parties hereby consent to
the jurisdiction of the California courts and waive any objections as to
personal jurisdiction or as to the laying of venue in such courts due to
inconvenient forum or any other basis.
User acknowledges that no joint
venture, partnership, employment, or agency relationship exists between the
User and Michael A. Saunders, Esq. or lemonlawsource.com as a result of this
Agreement or use of this Web site. User agrees not to hold himself or herself
out as a representative, agent, or employee of Michael A. Saunders, Esq. or
lemonlawsource.com and Michael A. Saunders, Esq. shall not be liable for any
representation, act, or omission of the User.
Michael A. Saunders, Esq.'s
performance of this Agreement is subject to existing laws and legal process,
and nothing contained in this Agreement is in derogation of Michael A.
Saunders, Esq.’s right to comply with law enforcement requests or requirements
relating to the User's use of this Web site or information provided to or gathered
by Michael A. Saunders, Esq. with respect to such use.
If any part of this
Agreement is determined to be invalid or unenforceable pursuant to applicable
law, including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will
be deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of the Agreement
shall continue in effect.
This Agreement constitutes
the entire agreement between the User and Michael A. Saunders, Esq. with
respect to this Web site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written, between the
User and Michael A. Saunders, Esq. with respect to this Web site. A printed
version of this Agreement and of any notice given in electronic form will be
admissible in judicial or administrative proceedings based upon or relating to
this Agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form.
Indemnification
As a condition of use of
this Web site, the User agrees to indemnify Michael A. Saunders, Esq., its
parent, subsidiaries and affiliates, and the shareholders, officers, directors,
employees, and agents of any of them against and from and against any and all
claims, demands, judgments, costs, liabilities, expenses (including attorneys'
fees), and damages arising out of claims resulting from User's use of this Web
site, including, without limitation, any claims alleging facts that if true
would constitute a breach by User of these terms and conditions.
Disclaimer
The information contained in the Law Offices of Michael A. Saunders, Esq.’s website is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
No User of this site should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal advice on the particular facts and circumstances of User’s case from an attorney licensed in User's state. The content of this website contains general information and may not reflect the current status of the law. Michael A. Saunders, Esq. expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this site.
Any information sent to
Michael A. Saunders, Esq. and/or lemonlawsource.com via e-mail, posting of
information on the lemonlawsource.com discussion forums, or through Michael A.
Saunders, Esq.’s websites is not secure and is done so on a non-confidential
basis.
The transmission of Michael A. Saunders, Esq.’s websites, including but not limited to lemonlawsource.com, in part or in whole, and/or communication with the Law Offices of Michael A. Saunders, or any other attorney linked to the lemonlawsource.com website, via e-mail, or by any other means of communication through this website, does not constitute or create an attorney-client relationship between User and Michael A. Saunders, Esq., or between User and any other attorney having a link to the lemonlawsource.com website.
© 2003 Michael A.
Saunders. All rights reserved.