Terms of Use

Welcome to www.ChrisDonovanLaw.com (“Chris Donovan Law” “CDL” “Website” “we” “us” or “our”).  CDL is maintained as a service to our clients and others interested in our services.  By using this Website, you agree to comply with and be bound by the following Terms of Use.  These Terms of Use apply to all visitors of this Website.  Please review the Terms of Use carefully.  If you do not agree to the Terms of Use, you should not use this Website.  We reserve the right to change the Terms of Use at any time for any reason or no reason at all.

The sending of an inquiry or email to Chris Donovan Law or any attorneys, employees, agents, or representatives (“CDL”) does not create an attorney-client relationship.  This Website presents general information about CDL and nothing contained in this Website is intended as legal advice to you or anyone else, and you should not consider it as such.  Please be aware that anything you send to anyone at CDL will not be treated as or considered to be confidential, secret, privileged, or otherwise protected from disclosure unless and until we have formally agreed to represent you for a particular matter, and we have successfully completed a conflicts check.  Unless we have created an attorney-client relationship for a particular matter, no information that you provide in an email to CDL will prevent CDL from representing a different client in the same matter.  Also, please be aware that until an attorney-client relationship with you exists, CDL is entitled to use any information that you provide to us in the representation of another client.  As a result, you should use good judgment and not send confidential or other sensitive information and/or documents to anyone at CDL until you are notified that a formal attorney-client relationship has been established.  Communications made through the Website’s email and messaging system shall in no way be deemed to constitute legal notice to CDL, or any attorneys, employees, agents or representatives (including in connection with respect to cases where notice to CDL is required by contract, or any federal, state or local laws, rules or regulations).

 

No Legal Advice Intended

The materials and information on CDL are for general purposes only and should not be taken as legal advice for any individual case or situation.  Such information may not reflect the most current legal developments and may not pertain to the specific facts or circumstances of your case.  You should contact an attorney directly for any advice on a specific legal issue.

 

No Attorney-Client Relationship

There is no attorney-client relationship created by the use of this Website, receipt of the information found on it, or through attempts to contact CDL.  As a matter of policy, CDL does not accept new clients without an executed agreement.

This Website is for information purposes only.  Use of this Website does not establish an attorney-client relationship and the information provided is not personal legal advice.  A user can only establish an attorney-client relationship by receiving an executed agreement and paying the applicable legal fees.  Our services are provided via direct communication with clients, not via public Website information.

 

No Guarantee of Results

The results of any particular matter can depend on many factors.  As such, information on this Website regarding legal services or experience is not intended as a guarantee that similar legal results can be obtained in every matter.

 

Privacy Policy

Your privacy is one of our primary concerns.  CDL will not sell any user’s information to any third party.  Any information submitted though this Website will be used by CDL for the purposes of responding to any legal inquiries.  We recognize that you may be concerned about CDL’s use and disclosure of your personal information.  Your privacy is very important to us, and the following will inform you of the information that we may collect from you, and how it is used.  By using our Website, you are accepting the practices described in the Terms of Use.

 

Ownership

All content included on this Website is and shall continue to be the property of CDL 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 Website is prohibited, except as expressly permitted by CDL.  Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website.

 

Website Use

CDL grants you a limited, revocable, nonexclusive license to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use.  You agree not to copy materials on the Website, reverse engineer or break into the Website, or use materials, products or services in violation of any law.  The use of this Website is at the discretion of CDL and your use of this Website may be terminated at any time.

 

Compliance with Laws

You agree to comply with all applicable laws regarding your use of the Website.  You further agreed that information provided by you is truthful and accurate to the best of your knowledge.

 

Indemnification

You agree to indemnify, defend and hold CDL and our employees, agents, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of the Terms of Use of this Website.

 

Information Collection

We may collect non-personal information, such as a domain name and IP Address.  The domain name and IP address reveals nothing personal about you other than the IP address from which you have accessed our Website.  We may also collect information about the type of Internet browser you are using, operating system, what brought you to our Website, as well as which of our Web pages you have accessed.

Additionally, if you communicate with us regarding our Website or our services, we will collect any information that you provide to us in any such communication.  We may contact you via email in the future to tell you about specials, new products or services, or changes to the Terms of Use.

 

Information Use

We use the collected information primarily for our own internal purposes, such as providing, maintaining, evaluating, and improving our services and Website, fulfilling requests for information, and providing customer support.  CDL reserves the right, and you authorize us, to use and assign all information regarding Website uses by you and all information provided by you in any manner consistent with our Terms of Use.

 

Security

We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it.  If we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way.  You can verify this by looking for a closed lock icon at the bottom of your web browser, or by looking for “https” at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline.  Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information.  The computers/servers in which we store personally identifiable information are kept in a secure environment.

 

Cookies

We use “cookies” on this Website.  A cookie is a piece of data stored on a website visitor’s hard drive to help us improve your access to our Website and identify repeat visitors to our Website.  For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our Website.  Cookies can also enable us to track and target the interests of our users to enhance the experience on our Website.  Usage of a cookie is in no way linked to any personally identifiable information on our Website.

 

Sharing

We will not sell or otherwise provide the information we collect to outside third parties for direct or indirect mass email marketing.  We will disclose personal information and/or an IP address, when required by law or in the good-faith belief that such action is necessary to:

  • Cooperate with the investigations of purported unlawful activities and conform to the edicts of the law or comply with legal process served on our company.
  • Protect and defend the rights or property of our Website and related properties.
  • Identify persons who may be violating the law, the rights of third parties, or otherwise misusing our Website or its related properties.

Please keep in mind that whenever you voluntarily disclose personal information online – for example through e-mail, discussion boards, or elsewhere – that information can be collected and used by others.  In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return.

Ultimately, you are solely responsible for maintaining the secrecy of your personal information.  Please be careful and responsible whenever you are online.

 

Links

This Website may contain links to other sites.  Please be aware that we are not responsible for the content or privacy practices of such other sites.  We encourage our users to be aware when they leave our Website and to read the privacy statements of any other site that collects personally identifiable information.

 

Surveys & Contests

From time-to-time our Website may request information via surveys or contests.  Participation in these surveys or contests is completely voluntary and you may choose whether to participate and disclose any information.  Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age).  Contact information will be used to notify the winners and award prizes.  Survey information will be used for purposes of monitoring or improving the use and satisfaction of this Website.

 

Disclaimer

The information on this Website is provided on an “As Is,” “As Available” basis.  You agree that use of this Website is at your sole risk.  CDL disclaims all warranties of any kind, including but not limited to any express warranties, statutory warranties, and any implied warranties of: merchantability, fitness for a particular purpose, and non-infringement.  To the extent your jurisdiction does not allow limitations on warranties, this limitation may not apply to you.  Your sole and exclusive remedy relating to your use of this Website shall be to discontinue using this Website.

 

Limitation of Liability

Under no circumstances will CDL be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to this Website, your use of this Website, or this Website’s content, even if advised of the possibility of such damages.  Your sole remedy for dissatisfaction with this Website and/or content is to cease all of your use of this Website.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages.  If these laws apply to you, the exclusions or limitations in the Terms of Use that directly conflict with such laws may not apply to you.

 

Entire Agreement

The Terms of Use, together with all other policies referred to herein, constitutes the entire agreement between you and CDL relating to your use of the Website, and supersedes any and all prior or contemporaneous written or oral agreements between you and CDL.

 

Applicable Law

You agree that the laws of the state of California (without regard to conflicts of laws provisions), will govern these Terms of Use and any dispute that may arise between you and CDL or its agents or affiliates, and any legal action will be determined in a venue located in Orange County, California.

By using this Website, you agree to submit to the personal and exclusive jurisdiction of private arbitration services located within Orange County, California, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.  All disputes within the jurisdictional amount of Small Claims Court shall be heard in Small Claims Court.  All other claims shall be the subject of private arbitration under the auspices of the American Arbitration Association, JAMS, or similar, well-recognized private arbitration service selected by the person first filing for dispute resolution.  The use of arbitration is jurisdictional, which means State and Federal courts do not have jurisdiction by mutual agreement of the parties.

 

Severability

If any provision of the Terms of Use 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 our Terms of Use will otherwise remain in full force and effect.

If any provision of the Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Any heading, caption or section title contained in the Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.  We reserve the right to require you to sign a non-electronic version of the Terms of Use.

 

Consent

By using this Website, you consent to the collection and use of information as specified above.  If we make changes to our Terms of Use, we will post those changes on this page.  Please review this page frequently to remain up-to-date with the information we collect, how we use it, and under what circumstances we disclose it.  You must review the new Terms of Use carefully to make sure you understand our practices and procedures.

We are committed to your satisfaction.  If you feel that we are not abiding by the Terms of Use, please Contact Us immediately at Info(at)ChrisDonovanLaw(dot)com.