TERMS AND CONDITIONS OF USE OF THIS WEBSITE
PLEASE REVIEW THESE TERMS OF USE BEFORE USING THE WEBSITE. This is a legal agreement (the “Agreement”) between you, the user (“You” or “Your”), and Frank Law Group, P.C., regarding the use of this website and related non-legal services (collectively, the “Website”).
By using the Website, You represent and warrant that You have read and understood, and agree to be bound by, the Agreement. By using the Website, You further represent and warrant that You are 18 years old or older, and that You are otherwise legally qualified to enter into contracts under applicable law. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, OR ARE NOT LEGALLY QUALIFIED TO ENTER INTO CONTRACTS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.
Amendments to Agreement
Frank Law Group, P.C., may, at any time and without further notice, revise this Agreement or the Privacy Policy by posting an amended version on the Website. Any changes will be effective immediately upon posting. It is Your responsibility to review this Agreement and the Privacy Policy periodically. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE. Unless Frank Law Group, P.C., obtains Your express consent, any revised Privacy Policy will apply only to information collected by Frank Law Group, P.C., after such time as the revised Privacy Policy takes effect. Frank Law Group, P.C., also may, at any time and without notice, modify or discontinue the Website. You agree that Frank Law Group, P.C., shall have no obligation of any sort in connection with any modification or discontinuance of the Website.
Informational Purposes Only
Frank Law Group, P.C., hereby grants You a nonexclusive license to download and display the Website, and to reproduce the content located thereon, in each case solely for Your personal, non-commercial use. Frank Law Group, P.C., provides the Website for informational purposes only. THE WEBSITE DOES NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, LEGAL ADVICE OR OPINION.
No Attorney-Client Relationship
YOUR USE OF THE WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND FRANK LAW GROUP, P.C. SIMILARLY, THE TRANSMISSION OF INFORMATION TO AND FROM FRANK LAW GROUP, P.C., BY MEANS OF THE WEBSITE IS NOT AN ATTORNEY-CLIENT COMMUNICATION. If You would like Frank Law Group, P.C., to represent You, You should complete our online case submission form or contact our office. If the matter in connection with which You seek representation involves other parties, be sure to list each and every one of them on the online case submission form. If Frank Law Group, P.C., agrees to represent You, You will be informed by email or telephone, and will provide an engagement agreement setting forth the basis of the representation. Unless and until You have executed and returned that engagement agreement, and Frank Law Group, P.C., has confirmed its receipt, no attorney-client relationship exists.
Unless an attorney-client relationship exists between You and Frank Law Group, P.C., You shall not represent to any third party, either directly or by implication, that You are represented by Frank Law Group, P.C., or that Frank Law Group ,P.C., is in any way involved in Your matter. Without limiting the foregoing, unless an attorney-client relationship exists between You and Frank Law Group, P.C., You shall not copy any attorney or employee of Frank Law Group, P.C., on any emails or letters in a manner that could reasonably be interpreted by any third party to mean that You are represented by Frank Law Group, P.C.
No Attorney-Client Privilege
BECAUSE YOU ARE NOT A CLIENT OF FRANK LAW GROUP, P.C., INFORMATION PROVIDED BY YOU TO FRANK LAW GROUP, P.C., MAY NOT BE PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE. It is possible that Frank Law Group, P.C., already represents, or in the future may represent, a party whose interests are adverse to Yours. In that case, Frank Law Group, P.C., may not be able to treat information received from You as privileged.
Communications Made to Third Parties by Means of the Website; Share this Page Feature
You acknowledge that any communications sent by You to third parties by means of the Website (e.g. through a “share this page” or “tell-a-friend” form), whether by email or otherwise, are not private, and such communications may be read by third parties with or without Your knowledge. Further, You agree that the content of any communications that You send to third parties by means of the Website shall be non-confidential and non-proprietary. Frank Law Group, P.C., reserves the right to use such communication for any purpose.
Prohibited Uses
You represent and warrant that You will not use the Website to:
Upload or transmit content that violates the privacy, intellectual property, or other proprietary rights of any third party;
Transmit viruses, Trojan horses, worms, malicious code, or other harmful or destructive content;
Violate this Agreement, the Privacy Policy, or any applicable law or regulation, including without limitation laws designed to regulate unsolicited email or other electronic advertising;
Harm the goodwill or standing of Frank Law Group, P.C., or any of its clients, partners, employees, affiliates, agents, contractors, or representatives;
Attempt to probe, scan, test, or violate the security features of the Website or of any associated system or network, or to obtain unauthorized access to materials or other information stored thereon;
Attempt to interfere with the use of the Website by any other user.
Frank Law Group, P.C., reserves the right to cooperate fully in any investigation by law enforcement officials of any violation of this Agreement.
Third-Party Websites
The Website may contain links to websites operated by third parties (“Third-Party Websites”). Frank Law Group, P.C., does not have control over Third-Party Websites, each of which may be governed by its own terms of service and privacy policy. Frank Law Group, P.C., has not reviewed, and cannot review, Third-Party Websites, and therefore does not warrant or endorse any Third-Party Website or the content appearing thereon. By visiting or using Third-Party Websites, You assume all responsibility and liability for all resulting harms, whether to You or to any third party, including without limitation as resulting from Your downloading or use of any content, software or other materials available therefrom.
Intellectual Property
The content located on the Website, including without limitation this Agreement, is the copyrighted property of Frank Law Group, P.C., or his licensors. Similarly, the Frank Law Group, P.C., name, the domain name, and all other names and logos used by Frank Law Group, P.C., in connection with the offering of Frank Law Group, P.C.’s goods and services are the trademarks and service marks, or registered trademarks, or registered service marks, of Frank Law Group, P.C., or its licensors. Except as explicitly permitted, neither Your use of the Website nor this Agreement grants You any right, title or interest in or to Frank Law Group, P.C., and the licensors’ copyrights, trademarks and service marks. Copyright © 2017 to the present, Frank Law Group, P.C. ALL RIGHTS RESERVED.
If You believe that material located on or linked to by the Website infringes one or more of Your copyrights, please immediately notify David Frank by means of an email to defrank@franklawgroup.com. Your email should include: the name of the copyright owner or a person authorized to act on their behalf; an identification of the copyright claimed to have been infringed; a description of the nature and location of the material that You claim to infringe Your copyright, in sufficient detail to permit Frank Law Group, P.C., to find and positively identify that material; Your name, address, telephone number, and email address; and a statement by You (i) that You believe in good faith that the use of Your copyrighted material is not authorized by law, or by the copyright owner or such owner's agent and, (ii) under penalty of perjury, that all of the information contained in Your faxed notice is accurate, and that You are either the copyright owner or a person authorized to act on their behalf.
Relationship
Without limiting any other provision of this Agreement, this Agreement creates no agency, partnership, joint venture, or employee-employer relationship between You and Frank Law Group, P.C.
Communication Concerning Availability of Professional Employment
The Website is a “communication” within the meaning of Rule 1-400 of the California Rules of Professional Conduct. This Website shall not be construed as a “Solicitation” as also defined by Rule 1-400. If You believe that the Website violates any applicable ethical rule, whether in Your jurisdiction or elsewhere, You should immediately leave the Website, and should disregard all information and other materials available thereon.
DISCLAIMER OF WARRANTIES
FRANK LAW GROUP, P.C., HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRANK LAW GROUP, P.C., EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. OPERATION OF THE WEBSITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ALL HARMS, WHETHER TO YOU OR TO ANY THIRD PARTY, ARISING OR RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION AS RELATE TO ANY DAMAGE TO YOUR SYSTEMS OR DATA.
LIMITATION OF LIABILITY
THE LIABILITY OF FRANK LAW GROUP, P.C., IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRANK LAW GROUP, P.C., SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, REGARDLESS OF ANY ADVICE OR NOTICE GIVEN TO FRANK LAW GROUP, P.C., ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE. ADDITIONALLY, THE MAXIMUM LIABILITY OF FRANK LAW GROUP, P.C., UNDER ALL CIRCUMSTANCES WILL BE THE AMOUNT PAID BY YOU TO FRANK LAW GROUP, P.C., IN CONSIDERATION OF YOUR USE OF THE WEBSITE OR $25, WHICHEVER IS LESS. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN FRANK LAW GROUP, P.C., AND YOU. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
Indemnity
You agree to defend, indemnify, and hold harmless Frank Law Group, P.C., and its owners, partners, employees, affiliates, agents, contractors, and representatives from and against all claims, losses, costs, damages, liabilities, and expenses (including without limitation attorneys’ fees) arising out of or relating to: (i) Your use of the Website; (ii) any violation by You of this Agreement; or (iii) Your submission to Frank Law Group, P.C., by means of the Website of incomplete, inaccurate or untimely information or other data. Frank Law Group, P.C., and the above parties shall have the right, but not the obligation, to participate through counsel of their choice in any defense by You under this Section.
Termination
In the event of a breach by You, this Agreement and all licenses granted thereunder shall automatically terminate, except that the following provisions will survive: No Attorney-Client Relationship, No Attorney-Client Privilege, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, and Communication Regarding Professional Employment. Any termination of this Agreement terminates all of Your rights to use the Website, including Your license to the content located thereon. Without limiting any other provision of this Agreement, Frank Law Group, P.C., reserves the right to, in his sole discretion and without notice or liability, deny use of the Website to any person for any reason or no reason at all.
Choice of Law; Jurisdiction and Venue
The Website is located and operated by Frank Law Group, P.C., in Auburn, California. This Agreement shall be interpreted and enforced as though executed in Auburn, California, and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THE WEBSITE OR THIS AGREEMENT WILL BE THE STATE COURTS LOCATED IN PLACER COUNTY, CALIFORNIA. YOU HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.
Severability; Waiver
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Assignment
This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of Frank Law Group, P.C. Notwithstanding the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
Entire Agreement; Amendment
This Agreement constitutes the entire agreement between Frank Law Group, P.C., and You concerning Your use of the Website. This Agreement may only be modified as stated above, or by amendment signed by an authorized representative of Frank Law Group, P.C.