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Privacy
Information
Law Offices of
Richard L. Montarbo ("Montarbolaw.com") collects
information about users in two ways: 1) data that users
volunteer by submitting our contact form. 2) aggregated
tracking data we collect when users visit or interact
with us.
Tracking Information
We analyze visitors'
use of our site by tracking information such as page
views, traffic flow, search terms, and click-throughs.
We use this information to review our visitor traffic
and to improve our site.
Log Files
We use IP addresses to analyze trends, administer the
site, track user movement, and gather broad demographic
information for aggregate use. IP addresses are not
linked to personally identifiable information.
TERMS OF USE
1. Acceptance of Terms
Law Offices of Richard L. Montarbo ("Montarbolaw.com")
provides access to this web site (the "Site") subject to
or "You"). This Agreement may be updated from time to
time without prior notice to you. We encourages you to
review this Agreement periodically for any updates or
changes. By accessing or using the Site, you agree to be
bound by the terms of this Agreement, as revised. When
using a particular feature of the Site, you may also be
subject to any posted guidelines, rules, terms of
service, codes of conduct or other contractual provision
as noted. In the event of a conflict between any other
agreement, rule, or terms of service and this Agreement,
the provisions of this Agreement shall govern. If you
have any questions about this Agreement please contact
us using the Site.
2. Disclaimer
The contents of the Site, such as text, graphics,
photographs, software and other material (the
"Content"), is presented for informational purposes
only. Montarbolaw.com will use reasonable efforts to
include up-to-date and accurate information in this
Site, but makes no representations, warranties, or
assurances as to the accuracy, currency or completeness
of the Content provided, including third party
information, such as, but not limited to, press
releases, articles, or information from third-party web
sites linked to or from this Site.
3. No Endorsement of Links to Other Websites
Any links to other sites are provided as merely a
convenience to you. This Site may provide links or
references to other sites but Montarbolaw.com has not
reviewed all of these other sites, has no responsibility
for the content of such other sites and shall not be
liable for any damages or injury arising from the
content from these other sites. You understand that,
except for information, products or services clearly
identified as being supplied by Montarbolaw.com,
Montarbolaw.com does not operate, control or endorse any
information, products or services on the Internet in any
way. Montarbolaw.com does not endorse or make any
representations about these sites, any information or
other products or materials found on these sites, or any
results that may be obtained from using these sites. If
you decide to access any of these other sites linked to
this Site, you do so entirely at your own risk.
4. Privacy
You agree that you have read and understand the terms of
Montarbolaw.com's privacy policy. You acknowledge that
the Site may link to other sites not controlled by
Montarbolaw.com and that the collection of your data by
these sites is outside the scope of Montarbolaw.com's
control.
5. Use of the Site
You also understand that Montarbolaw.com cannot and does
not guarantee or warrant that files available for
downloading from the Site will be free of infection or
viruses, worms, Trojan horses, time bombs, cancel bots
or other computer programming routines that are intended
to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal
information (collectively, "Hazards"). You are
responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining a
means external to the Site for the reconstruction of any
lost data.
6. System Integrity
You may not use any device, software or routine to
interfere with the proper working of the Site. You may
not take any action that imposes an unreasonable burden
upon the infrastructure used to support the efficient
operation of the Site.
7. Acceptable and Lawful Use of Site
Any personal information, computer information, or other
information that you provide to Montarbolaw.com in
connection with the use of the Site: (a) shall not be
obscene or indecent; (b) shall not contain any Hazards;
(c) shall not infringe any third party's copyright,
patent, trademark, trade secret or other proprietary
rights or rights of publicity or privacy; (d) shall not
be defamatory, libelous, unlawfully threatening or
unlawfully harassing; and (e) shall not create any
liability for Montarbolaw.com or cause Montarbolaw.com
to lose (in whole or in part) the services of its
Internet Service Provider(s) or other suppliers. Users
shall comply with all applicable laws, statutes,
ordinances and regulations regarding use of the Site.
8. RISK: INTERNET USE
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF
THE SITE AND THE INTERNET. YOU ACKNOWLEDGE AND AGREE
THAT ANY UPLOADS OR TRANSMISSIONS YOU MAKE MAY BE
INTERCEPTED AND USED BY AN UNAUTHORIZED THIRD PARTY AND
THAT ALL OF THE RISK ASSOCIATED THEREWITH IS SOLELY
YOURS.
9. NO WARRANTIES
MONTARBOLAW.COM DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR
NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE)
WITH REGARD TO THE SITE, THE CONTENT, ANY MERCHANDISE
PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY,
AND
Montarbolaw.com SHALL NOT BE LIABLE FOR ANY COST
OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY
SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO
EVALUATE THE RELIABILITY, ACCURACY, TIMELINESS,
COMPLETENESS OR USEFULNESS OF ALL SERVICES AND CONTENT
PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY.
Montarbolaw.com
DOES NOT WARRANT THAT THE SITE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE
WILL BE CORRECTED. THE SITE AND THE CONTENT MADE
AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS.
10. System Outages
Montarbolaw.com periodically schedules system downtime
for maintenance and other purposes. Unplanned system
outages may also occur. Montarbolaw.com shall have no
liability whatsoever for the resulting unavailability of
the Site or for any loss of data or transactions caused
by planned or unplanned system outages or the resultant
delay, mis-delivery or non delivery of information
caused by such system outages, or any third party acts
or any other outages of web host providers or the
Internet infrastructure and network external to the
Site.
11. Indemnification
You agree to indemnify, defend and hold Montarbolaw.com
and its affiliates, officers, directors, employees and
agents harmless from and against any and all claims,
demands, actions, costs, liabilities, losses and damages
of any kind (including attorney's fees) resulting from (i)
your use, misuse or abuse of the Site, or (ii) your
breach of any provision of this Agreement. You will
cooperate as fully as reasonably required in
Montarbolaw.com's defense of any claim. Montarbolaw.com
reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise
subject to indemnification by you, and you shall not in
any event settle any matter without the written consent
of Montarbolaw.com.
12. Intellectual Property
The Content is the property of Montarbolaw.com and/or
its affiliates or partners and is protected by federal
and international copyright and trademark laws or other
proprietary rights. These rights are protected in all
forms, media and technologies existing now or
hereinafter developed. You may print and download
portions of material from the different areas of the
Site solely for your own non-commercial use. No portion
of the Content may be reprinted, republished, modified,
or distributed in any form without the express written
permission of Montarbolaw.com. You may not, and this
Agreement does not give you permission to, reproduce,
reverse engineer, decompile, disassemble, modify,
transmit, sell, distribute, license or create derivative
works with respect to the Site. Certain Content may be
licensed from third parties and all such third party
Content and all intellectual property rights related to
the Content belong to the respective third parties. You
may not remove any copyright, trademark or other
intellectual property or proprietary notice or legend
contained on the Site or the Content. Any rights not
expressly granted by this Agreement or any applicable
end-user license agreements are reserved by
Montarbolaw.com.
13. Governing Law and Choice of Forum
This Agreement shall be governed by and construed in
accordance with the laws of the State of California,
exclusive of its choice of law, rules and matters
affecting copyrights, trademarks and patents under
United States federal law.
You hereby irrevocably and unconditionally consent to
submit to the exclusive jurisdiction of the courts of
the State of California and of the United States of
America located in the State of California for any
litigation or disputes arising out of or relating to use
of the Site and not to commence any litigation relating
thereto except in such courts. You hereby irrevocably
and unconditionally waive any objection to the
establishment of venue of any such litigation in the
California Courts and agree not to plead or claim in any
California Court that such litigation brought therein
has been brought in an inconvenient forum.
14. International Users
Montarbolaw.com makes no claims that the Content is
appropriate or may be downloaded outside of the United
States. Access to the Content may not be legal in
certain countries or for certain persons. If you access
the Site from outside of the United States, you do so at
your own risk and are responsible for compliance with
the laws of your jurisdiction.
15. Severability
In the event that one or more portions of this Agreement
shall, for any reason, be held to be invalid, illegal or
unenforceable in any respect, such validity, illegality
or unenforceability shall not affect any other provision
contained in this Agreement.
16. Headings
The headings used throughout this Agreement are solely
for the convenience of reference and are not to be used
as an aid in the interpretation of this Agreement.
17. No Waiver
Any delay or failure by you or Montarbolaw.com, at any
time or times, to require performance of any provision
hereof shall in no manner affect your or
Montarbolaw.com's right at a later time to enforce such
provision. No delay or failure of you or Montarbolaw.com
in exercising any right hereunder shall constitute a
waiver of such right or any other rights hereunder.
18. Entire Agreement, Updates and Modifications
This Agreement and any documents expressly incorporated
by reference constitute the entire agreement between
Montarbolaw.com and you pertaining to the subject matter
hereof. In its sole discretion, Montarbolaw.com may
unilaterally amend or modify this Agreement or any other
documents referenced herein at any time by posting on
the Site. Any amended or modified terms will be
effective upon posting. Continued use of the Site
constitutes acceptance of any modified terms and
conditions. If you have any questions about this
Agreement, please contact Montarbolaw.com.
19. Assignment
You may not assign your rights or delegate your
responsibilities hereunder without the express written
permission of Montarbolaw.com. Montarbolaw.com may, at
any time, assign its rights or delegate its obligations
hereunder without notice to you.
20. Third Party Beneficiary Rights
No person not a party to this Agreement is intended to
be a beneficiary of this Agreement, and no person not a
party to this Agreement shall have any right to enforce
any term of this Agreement.
21. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL
Montarbolaw.com
OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR
DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF Montarbolaw.com HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT
RESULT FROM (I) THE USE OF OR INABILITY TO USE THE SITE;
(II) THE COST OF PROCUREMENT OF SUBSTITUTE MERCHANDISE
AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA,
CONTENT OR SERVICES PURCHASED OR OBTAINED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE;
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER
RELATING TO THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS
PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND
SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES
MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES
LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY
LAW.
22. Accurate Information
In consideration of your use of the Site, you agree to:
(a) provide true, accurate, and current and complete
information as prompted on the Site; and (b) maintain
and update such information to keep it true, accurate,
current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete,
or Montarbolaw.com has reasonable grounds to suspect
that such information is untrue, inaccurate, not current
or incomplete, Montarbolaw.com may suspend or terminate
your use of the service and/or decline to permit your
continued use of the Site and future access to the Site.
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