- Acceptance of Terms.
This Terms and Conditions of Service Agreement (“Agreement” or “Terms of Service” or “TOS”) is made by and between Law Offices of Michael M. Ahmadshahi, APC, Inc. (hereinafter “Company” or “MMAIPLAW.COM” or “LAW OFFICES”), a California corporation, and you the user (“you”, “your” or “User”).
This Agreement contains the complete terms and conditions that govern the use of the Company’s website(s) (“Website” or “Websites” or “Site”). BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE, COMPANY MOBILE APPLICATION PROGRAMS, OR OTHER COMPANY APPLICATION PROGRAMS, SOFTWARE, SERVICES, WEBSITES OR CONTENT (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.
In addition, when using any MMAIPLAW.COM owned or operated Services, you shall be subject to any posted policies, guidelines or rules applicable to such Services. All such policies, guidelines and rules are hereby incorporated by reference into the TOS. You further agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this agreement.
IF YOU DO NOT AGREE TO THE CURRENT TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SERVICE, SINCE YOUR USE OF IT CONSTITUTES ACCEPTANCE OF ALL OF THE CURRENT TERMS AND CONDITIONS FOR ITS USE.
- Description of Service
MMAIPLAW.COM makes available a collection of resources to its non-registered users who may browse topics of interest as they appear on the Website and interact with the Company through the Contact Us page of the Website.
THE SERVICE IS PROVIDED “AS IS” AND MMAIPLAW.COM ASSUMES NO RESPONSIBILITY FOR TIMELINESS, MIS-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, WRITING, IMAGE OR PERSONALIZATION SETTINGS.
You may only use this Website for purposes expressly permitted by the TOS. As a condition of your use of MMAIPLAW.COM, you represent and warrant to MMAIPLAW.COM that you will not use the Website and any Service for any purpose that is unlawful or prohibited by this TOS.
YOU MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS AND VIEW THE SERVICE, AND MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS AND USE ANY “ADULT” DESIGNATED PORTIONS OF THE SERVICE. IF YOU ARE 13 YEARS OR YOUNGER, DO NOT USE THIS SERVICE FOR ANY PURPOSE.
- Rules of Behavior
- You must not impersonate another person or entity.
- You must not use the MMAIPLAW.COM Service for any illegal or unauthorized purpose.
- You must not transmit any viruses, worms, defects, Trojan Horses or any items and/or computer code, files or programs of a destructive nature and/or otherwise designed to interrupt or limit the functionality of any computer software or hardware or telecommunications device.
- You must not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines or their equivalents on or in the Service.
- You must not do anything that disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities through this Website.
- You must not interfere with or disrupt the Service or servers or networks connected with the Service or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
- You must not retrieve, store or collect personal information about other users for any unauthorized purpose.
- You must not engage in any ad “spamming”.
- You cannot use the MMAIPLAW.COM name or trademark, which you acknowledge here to be valid, subsisting and enforceable without impediment, and you will not expressly or by implication create the false or misleading impression that MMAIPLAW.COM is associated with, or endorses, or is in any way connected with you, your business, or your Content.
WHILE MMAIPLAW.COM EXPLICITLY PROHIBITS THE ABOVE CONDUCT YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT MMAIPLAW.COM SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.
YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, MMAIPLAW.COM CAN TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF OR A HEARING.
You will be able to enter, input, upload and/or post a great variety of Content, including but not limited to text, audio, video, photographs, graphics, digital files and other materials (“Content”). This means that you have sole responsibility, not MMAIPLAW.COM, for all Content that you enter, upload, post, email, transmit or otherwise make available through the Service, and to make sure that you are in compliance with the Rules of Behavior relating to such Content. Any Content that you enter, write, post, upload or link to on this Website is entirely your responsibility.
MMAIPLAW.COM shall have no liability of any kind with respect to any Content posted by you. The Content created by you must be owned by you or you must have been granted the prior permission to use such Content by its owner. MMAIPLAW.COM does not own any of the Content you post. By placing Content on the Service you are providing MMAIPLAW.COM with a worldwide, royalty-free, unlimited, non-exclusive license to publicly display, modify, reproduce and distribute your Content on the site for editorial and promotional purposes of the site.
MMAIPLAW.COM may preserve and store your Content if it believes in good faith that such preservation is necessary to comply with legal processes, respond to claims that the Content violates the rights of third parties, to protect the rights, property or personal safety of MMAIPLAW.COM, its users and the public.
MMAIPLAW.COM respects the intellectual property of others and we request our users do the same.
The Service may provide, or third parties including MMAIPLAW.COM members, may provide links to other World Wide Websites or resources, which are not maintained by, or related to MMAIPLAW.COM. Links to such sites are provided as a service to our users and are not sponsored by, endorsed or otherwise affiliated with MMAIPLAW.COM. MMAIPLAW.COM has no control over these sites and content and makes no representations or warranties about the content, completeness, quality or accuracy of any such website. Therefore, you acknowledge and agree that MMAIPLAW.COM is not responsible for the availability of such links, resources and content, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that MMAIPLAW.COM is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by or in relation to the use of any content, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links. YOU AGREE THAT IF MMAIPLAW.COM REQUESTS YOU TO DISABLE ANY LINK YOU HAVE POSTED AND YOU FAIL TO DO SO WITHIN 24 HOURS AFTER RECEIVING THE REQUEST TO DISABLE, MMAIPLAW.COM HAS THE RIGHT TO DISABLE THE LINK WITHOUT ANY FURTHER NOTICE TO YOU.
You agree to indemnify and hold MMAIPLAW.COM, its subsidies, affiliates, officers, agents, and other partners and employees, harmless from any and all loss, liability, claim, or demand, including actual attorney’s fees and costs, made by or arising out of your use of the Service in violation of the TOS and/or your violation of any rights of another.
- No Resale of Service
You agree not to, without the express prior written consent of MMAIPLAW.COM:(a) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or Content you do not own, (b) use the Service or Content you do not own, or (c) access to the Service or Content you do not own.
- Modification and Termination of the Service
MMAIPLAW.COM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MMAIPLAW.COM will not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
- MMAIPLAW.COM Proprietary Rights; Trademarks and Copyrights
You acknowledge and agree that the Service and any necessary application programs and software used in connection with the Service (“Software”) contain proprietary and confidential information that is the property of MMAIPLAW.COM and its licensors and is protected by applicable intellectual property and other laws. No rights or title of to any of the Software used in connection with any Service is provided, transferred or assigned to you. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Service or advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MMAIPLAW.COM or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part. You also acknowledge MMAIPLAW.COM’s exclusive rights in the MMAIPLAW.COM trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing in this Website are the property of MMAIPLAW.COM or the party that provided such intellectual property to MMAIPLAW.COM. MMAIPLAW.COM and any party that provides intellectual property to MMAIPLAW.COM retain all rights with respect to any of their respective intellectual property appearing in this Website, and no rights in such materials are transferred or assigned to you.
- No Co-Branding or Framing.
You may not use or authorize any party to co-brand or frame MMAIPLAW.COM or any Service without the express prior written permission of an authorized representative of MMAIPLAW.COM. For purposes of the TOS, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. For purposes of the TOS, “framing” refers to displaying any MMAIPLAW.COM webpage or Service within a bordered area of another website, regardless of whether the address of the originating MMAIPLAW.COM is visible. You further agree to cease any unauthorized co-branding or framing immediately upon notice from MMAIPLAW.COM.
THE CONTENT ON THIS WEBSITE IS TO PROVIDE YOU WITH GENERAL INFORMATION ABOUT LEGAL MATTERS AND DO NOT CONSTITUTE LEGAL ADVICE. YOUR COMMUNICATION WITH THE COMPANY THROUGH THE CONTACT US PAGE OF THE WEBSITE OR BY PHONE OR EMAIL DO NOT ESTABLISH ATTORNEY-CLIENT RELATIONSHIP. AN ATTORNEY-CLIENT RELATIONSHIP CAN ONLY BE ESTABLISHED THROUGH A DULY EXECUTED RETAINER AGREEMENT WITH THE ATTORNEYS. NOTHING IN THIS AGREEMENT AND NOTHING IN ATTORNEYS’ STATEMENTS TO YOU WILL BE CONSTRUED AS A PROMISE OR GUARANTEE ABOUT THE OUTCOME OF YOUR MATTER. ATTORNEYS MAKE NO SUCH PROMISES OR GUARANTEES. ATTORNEYS’ COMMENTS ABOUT THE OUTCOME OF YOUR MATTER ARE EXPRESSIONS OF OPINION ONLY.
THE INFORMATION ON THIS WEBSITE MAY BE CONSTRUED AS LEGAL ADVERTISING. HIRING A LAWYER IS AN IMPORTANT DECISION AND SHOULD NOT BE MADE BASED ON ADVERTISEMENTS. ATTORNEYS DO NOT REPRESENT THAT THE QUALITY OF LEGAL SERVICES TO BE PERFORMED ARE GREATER THAN THE QUALITY OF LEGAL SERVICES PERFORMED BY OTHER ATTORNEYS. PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME.
The use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. MMAIPLAW.COM 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.
MMAIPLAW.COM MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS., (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
No advice or information, whether oral or written, obtained by you from MMAIPLAW.COM or through or from the Service shall create a warranty not expressly stated in the TOS.
- Limitation of Liability
You expressly understand and agree that MMAIPLAW.COM will not be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if MMAIPLAW.COM has been advised of the possibility of such damages or such damages were reasonably foreseeable, resulting from the use or the inability to use the Service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party including advertisers on the Service, the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service or any other matter relating to the Service. In no event will MMAIPLAW.COM be liable to you for any amount of money over One Hundred Dollars ($100.00), which you acknowledge to be a fair and reasonable sum.
- Personally Identifiable Information
- Disclosures Required By Law
MMAIPLAW.COM reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. MMAIPLAW.COM reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing MMAIPLAW.COM to disclose the identity of anyone posting any Content, or publishing or otherwise making available any materials that are believed to violate the TOS.
BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL RIGHTS AND AGREE TO HOLD MMAIPLAW.COM HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MMAIPLAW.COM DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MMAIPLAW.COM OR LAW ENFORCEMENT AUTHORITIES.
If there is any dispute about or involving the Website and/or the Service, you agree that any dispute shall be governed by the laws of the State of California without regard to conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of the State of California, County of Orange.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
- Miscellaneous Terms; General Information
The failure of MMAIPLAW.COM 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 the TOS by MMAIPLAW.COM must be in writing and signed by an authorized representative of MMAIPLAW.COM.
If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Nothing contained in the TOS 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.
Please report any violations of the TOS to MMAIPLAW.COM at firstname.lastname@example.org.