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Terms and Conditions of Use

Welcome to our website.  This site is maintained as a service to our clients and customers.  By using this site, you agree to comply with and be bound by the following terms and conditions of use.  Please review these terms and conditions carefully.  If you do not agree to these terms and conditions, you should not use this site.

1. Agreement.This Term of Use Agreement (“the “Agreement”) specifies the Terms and Conditions for access to and use of www.delaplanelaw.com (the “Site”) and describes the terms and conditions applicable to your access of and use of the Site.  This Agreement may be modified at any time by Delaplane Law Group, APC, the website’s owner and operator, upon posting of the modified Agreement.  Any such modifications shall be effective immediately.  You can view the most recent version of these terms at any time at www.delaplanelaw.com/termsofuse.  Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

2. Privacy.  Our Privacy Policy also governs your visit to our site.  Please review our Privacy Policy at www.delaplanelaw.com/privacypolicy.

3. Ownership.  All content included on this site is and shall continue to be the property of Delaplane Law Group, APC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights.  Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement.  Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.

4. Intended Audience.  This website is intended for adults only. This website is not intended for any children under the age of 13.

5. Trademarks.  Delaplane Law Group, APC, www.delaplanelaw.com, and others are either trademarks or registered trademarks of Delaplane Law Group, APC.  Other product and company names mentioned on this Site may be trademarks of their respective owners.

6. Personal and Non-Commercial Use of Website.The Site is for your personal and non-commercial use, unless otherwise specified.  You may not use any services or information provided by the Site for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of Delaplane Law Group, APC.  You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to the Site.

7. Compliance with Laws.You must abide by all Federal, State and local laws.  If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence.

8. Indemnification. You agree to indemnify and hold the Site, Delaplane Law Group, APC, and its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, independent contractors and consultants (the “Indemnified Parties”) harmless from any breach of this Agreement by you.  You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith.  You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from this Site.

9. Disclaimer.  The use of this Site is at your sole risk.  The Website and any information or service provided through the Site is provided on an “as is” and “as available” basis.  DELAPLANE LAW GROUP, APC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  DELAPLANE LAW GROUP, APC MAKES NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (2) THE WEBSITE, AND ANY INFORMATION OR SERVICE PROVIDED BY THE SITE, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE WEBSITE, AND ANY INFORMATION OR SERVICE PROVIDED BY THE SITE, WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN ANY SOFTWARE UTILIZED BY THE WEBSITE WILL BE CORRECTED.  No advice or information, whether oral or written, obtained by you from or through the Site shall create a warranty not expressly stated in these Terms of Use.

ADDITIONALLY, NOTHING ON THE SITE SHALL BE CONSTRUED AS A PROMISE OR GUARANTEE ABOUT THE OUTCOME OR RESULTS ARISING FROM THE SERVICES BEING OFFERED BY DELAPLANE LAW GROUP, APC.  DELAPLANE LAW GROUP, APC MAKES NO SUCH PROMISES OR GUARANTEES.  DELAPLANE LAW GROUP, APC’s COMMENTS, STATEMENTS AND TESTIMONIALS ON THE SITE DESCRIBING THE OUTCOME OR RESULTS OF THE SERVICES, SUCH AS POTENTIAL INCREASED WEALTH, HAPPINESS, SUCCESS, ARE EXPRESSIONS OF OPINION ONLY AND ARE NOT TYPICAL OR GUARANTEED.

10. Limitation of Liability. DELAPLANE LAW GROUP, APC, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, CONSULTANTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF DELAPLANE LAW GROUP, APC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR DELAPLANE LAW GROUP, APC WAS GROSSLY NEGLIGENT.  IN NO EVENT WILL THE COLLECTIVE LIABILITY OF Delaplane Law Group, APC AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO DELAPLANE LAW GROUP, APC FOR THE USE OF THE WEBSITE OR ANY SERVICE IT PROVIDES.

11. Use of Information.  Delaplane Law Group, APC reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

12. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

    1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    2. A description of the copyrighted work that you claim has been infringed;
    3. A description of where the material that you claim is infringing is located on the Site;
    4. Your address, telephone number, and e-mail address;
    5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site is Delaplane Law Group, APC, who can be reached as follows:

By Mail: 16501 Ventura Boulevard, Suite 610, Encino California 91436

By E-mail: info@delaplanelaw.com

13. Governing Law; Venue; Actions. If there is any dispute about or involving the website or the Terms of Use, you agree that any dispute shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of the Los Angeles County, California.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, ANY SERVICE PROVIDED BY THE SITE, OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

14. Severability.  If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

15. Waiver.The failure of Delaplane Law Group, APC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.  Any waiver of this Agreement by Delaplane Law Group, APC must be in writing and signed by an authorized representative of Delaplane Law Group, APC.

16. Termination.  Delaplane Law Group, APC may terminate this Agreement at any time, with or without notice, for any reason.

17. Relationship of the Parties.Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such.  Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

18. Entire Agreement.This Terms of Use constitutes the entire agreement between you and Delaplane Law Group, APC and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Delaplane Law Group, APC with respect to this Site.  Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Site.  Delaplane Law Group, APC may revise this Terms of Use at any time by updating this Agreement and posting it on the Site.  Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made.  Your continued use of the Site after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.

19. No Legal Services or Attorney Client Relationship.  Although the Web site may provide information concerning potential legal issues, it is not a substitute for legal advice from qualified counsel. You should not and are not authorized to rely on the Web site as a source of legal advice. Your use of the Web site does not create any attorney-client relationship between you and Delaplane Law Group, APC.  The Web site contains electronic contact information for Delaplane Law Group, APC attorneys. The mere act of contacting a Delaplane Law Group, APC attorney electronically, however, does not create an attorney-client relationship. If you wish to become a client of Delaplane Law Group, APC, you must contact an appropriate Delaplane Law Group, APC attorney, and explicitly negotiate a retention. The Website is not an invitation to form an attorney-client relationship.  Unless you have an attorney-client relationship with Delaplane Law Group, APC, we are not obliged to keep confidential information you may send us. Under no circumstances, therefore, should you send confidential information to Delaplane Law Group, APC unless you have been expressly authorized to do so by a Delaplane Law Group, APC attorney or you have a pre-existing documented attorney-client relationship with Delaplane Law Group, APC.

20. Contact Information.

Delaplane Law Group, APC

By Mail: 16501 Ventura Boulevard, Suite 610, Encino California 91436

By E-mail: info@delaplanelaw.com (06112016)

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