Your use of the www.mbeachlaw.com service (the “Service”) constitutes your acceptance of the following terms and conditions.
The following terms and conditions form the agreement between us. If you do not agree to these terms and conditions, you may not use the service and should not proceed to register or otherwise use the Service.
1. USER AGREEEMENT
This Agreement constitutes your agreement with Yoffe & Cooper, LLP (“FIRM”) with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. As used in this Agreement, “we” and “us” means the owner of FIRM or any successors or assigns of www.mbeachlaw.com.
2. RIGHT TO USE
2.1 Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.
2.2 Your use of FIRM may require assignment of a password for your account. FIRM assumes no responsibility for ensuring that the use of the password is authorized by you, the user. You shall be solely responsible for any access to the Site using your password or account information.
3. ACCEPTABLE USE
You agree to use the Service in accordance with the following Acceptable Use Policy:
3.1. You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
3.2. You agree not to take any action which threatens, encourages or causes any harm to minors of any kind or to perform any activity which is likely to cause such harm or which assists any other person or group in doing so.
3.3. You agree not to take any action which encourages or consists of any threat of harm or harassment of any kind to any person or property or assists any other person or group in doing so. Such behavior shall include but not be limited to the posting of communications, pictures, videos or audio recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language or images.
3.4. You agree that you will not use the Service to infringe the privacy rights, property rights, or any other rights of any person.
3.5. You agree not use your account to or otherwise knowingly or otherwise permit the violation any provision of the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM ACT) including the following: False or Misleading Header Information; Deceptive Subject Lines; Failure to provide an opt-out method; Failure to Identify the message as an advertisement; and, Failure to include a physical Postal Address.
3.6. You agree not to collect or attempt to collect personally identifiable information of any person or entity without their express consent. You shall maintain records of any such consent throughout the term of any agreement that you have with www.mbeachlaw.com and for three years thereafter.
3.7. You agree not to undertake any action that is harmful or potentially harmful to the www.mbeachlaw.com server structure.
3.8. Your limited license to use the service is not subject to lease, sublease or any other sharing or transfers without the specific, express consent of www.mbeachlaw.com.
3.9. You agree not to abuse whether verbally or physically or whether in person, via email or telephone or otherwise (a) any other customer of www.mbeachlaw.com, (b) any reseller of www.mbeachlaw.com, (c) any other person, or (d) any employee or contractor of www.mbeachlaw.com.
3.10. You will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;
3.11. You will not use the Service to post or transmit in any manner any contact information including, but not limited to, email addresses, “instant messenger” nicknames, telephone numbers, postal addresses, URLs, or full names to any other person or include such information in your publicly posted information.
3.12. You agree that www.mbeachlaw.com will make the sole determination of any whether this policy has been violated. This policy may be amended by www.mbeachlaw.com at any time without notice to you by posting the new policy in this location. Such new policy shall become effective immediately upon such posting for all accounts. It shall be your obligation to check this page regularly for updates to this policy.
4. PRIVACY AND USE OF INFORMATION
5. MONITORING OF INFORMATION
We reserve the right to monitor all advertisements, public postings, messages, video and audio recordings to ensure that they conform to the content guidelines which may be applicable from time to time.
6. OWNERSHIP OF INTELLECTUAL PROPERTY; CONFIDENTIALITY
6.1 It is understood and agreed that during the term of this agreement and thereafter you may come into possession of information which is the confidential and proprietary information of FIRM including but not limited to the FIRM customer service and maintenance tools. You acknowledge that all right and title to any such FIRM intellectual property shall remain the sole property of FIRM and that you have no right, title or interest therein. You further agree not to provide access to the FIRM services to any third party. You agree that you are not to assist any third party or to instigate yourself in any way to use, translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the FIRM Services. Any and all right or title to any engineering, coding, programming or customer service work-around or other modification of the FIRM service shall also remain the sole property of FIRM.
6.2 During the term of this agreement you may have access to certain information and materials relating to the FIRM business, customers, software technology and marketing which FIRM treats as confidential (hereinafter “Confidential Information”). You agree to at all times during the term of this agreement and otherwise as set forth herein: (i) hold in confidence, and not disclose or reveal to any person or entity, any “Confidential Information” without the express prior written consent of FIRM; and (ii) not use or disclose any of the “Confidential Information” for any purpose at any time, other than pursuant to your rights under this agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.
7. NO RESPONSIBILITY
You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension. We may discontinue or change the Service or its availability to you at any time and you may stop using the Service at any time.
8. SUSPENSION AND TERMINATION
8.1 Suspension – At the sole option of FIRM for any reason set forth herein or in the event that you breach any term of this agreement including but not limited to any violation of the FIRM Terms of Service, FIRM may suspend your account by deactivating any access by you to your account while maintaining the information and data related to your account. Suspension shall specifically include the disabling of your account and any access to information or data related to your account. In the event of any such suspension you will be notified. At the option of FIRM you may be given an opportunity to correct such breach or violation. Upon being notified of an opportunity to correct such breach or violation, if such breach or violation is not corrected the account may be terminated under paragraph 8.2.
8.2 Termination – This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the FIRM site. Such information or data may or may not be made available to you by FIRM after any such termination. This agreement may be terminated either (a) after a period of suspension as set forth in paragraph 8.1 or (b) except as otherwise stated herein by either party upon 45 days’ notice in advance of a renewal period for any reason.
9. INFORMATION USAGE AND COMMUNICATIONS
9.1 You hereby consent and agree that as to any information which FIRM may collect from you and maintain with respect to you, including but not limited to your account information, dates of service, billing address, billing records, usage statistics, site statistics, services purchased, domain name purchases, correspondence to or from FIRM concerning you or your account, or other information which in FIRM sole judgment is reasonable, FIRM may disclose such information to public or private third parties as applicable law may require or permit. The decision as to whether to disclose such information as may be required, permitted or otherwise reasonable shall be within the sole discretion of FIRM and may include but shall not be limited to (1) compliance with court order, subpoena or other request of any State or Federal government, (2) compliance with the Electronic Communications Decency Act, (3) compliance with the Digital Millennium Copyright Act (3) compliance with the FIRM Terms of Service or other policies.
9.2 During and after the term of this agreement you agree to receive periodic emails, telephone calls, or SMS messages containing commercial offers from FIRM and certain approved marketing partners in regards to FIRM or such partner Services and services. We may also contact you concerning your account, system conditions, changes, updates and schedules.
9.3 You agree to provide and at all times during the term of this agreement maintain true and accurate account information on file with FIRM specifically including your Name, Address, Email address, telephone number, billing information and any other account information requested at any time during the sign up process. You further agree that the failure to provide or maintain such accurate information is a material breach of this agreement and subjects your account to suspension and termination as set forth in paragraph eight (8) herein.
10.1 Any notice under this agreement shall be given by FIRM to you via email at the address provided by you to FIRM at the commencement of this agreement or as FIRM is subsequently advised. Notice to you at this address is deemed sufficient regardless of your receipt of such email. If you wish to update your email address you should do so by contacting customer service via the FIRM website located at www.mbeachlaw.com/contact.
10.2 Any notice by you to FIRM shall be made by telephone to a customer service representative at 310-982-2699 during FIRM’s regular business hours of 9:00 a.m. to 5:00 p.m. Pacific Standard Time or via United States Mail to the following AddressYoffe & Cooper, LLP 3713 Highland Avenue, Suite #2 Manhattan Beach, California 90266
Notice is effective only upon confirmed receipt by FIRM.
Sections 2 through 21, inclusive, of this agreement shall survive the termination of this agreement and shall remain in full force and effect after any such termination.
12. WARRANTEES AND LIMITATIONS
12.1 FIRM makes every reasonable effort to maintain operation of the FIRM service; however, because many events and circumstances are beyond the control of FIRM, FIRM does not in any way warrant or otherwise guarantee the availability of the FIRM system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of FIRM. FIRM makes no warrantees as to the information regarding projected returns presented within each operator’s opportunity.
12.2 THE FIRM SERVICE IS PROVIDED TO YOU ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
12.3 In general, FIRM has no control over information contained on the Internet. Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal. FIRM accepts no responsibility for any information that you receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal. FIRM provides no warranty for any goods or services that you obtain over the Internet nor the compatibility of any such services with the FIRM system.
12.4 You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.
12.5 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO FIRM IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL FIRM BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
13.1 You agree to fully defend and indemnify and hold harmless FIRM of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of FIRM in any way related to your use of the FIRM service or any portion thereof.
13.2 You agree to fully defend and indemnify and hold harmless FIRM of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the FIRM service or any portion thereof. Choice of counsel remains exclusively that of FIRM.
13.3 You agree that upon the assignment of your user ID and password that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your user ID. You further agree to defend and indemnify and hold harmless FIRM of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys’ fees and costs, expert fees and costs and mediation and arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential User ID and Password information. Choice of counsel remains exclusively that of FIRM.
Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third party.
15. EXTERNAL LINKS
We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
17. DISCLOSURE AND OTHER COMMUNICATION
18. GOVERNING LAW
This Agreement is entered into in Manhattan Beach, California. You agree that it will be governed by the laws of the State of California and any disputes arising out of this Agreement will be subject to the courts of the State of California and the federal courts applicable within the state. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
You do not have the right to assign this Agreement or any of your rights to the Service to anyone. www.mbeachlaw.com has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of www.mbeachlaw.com, if www.mbeachlaw.com’s obligations hereunder are assumed by a third party, www.mbeachlaw.com and its owners, successors and assigns shall be relieved of any and all liability under this Agreement.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
21. REQUIRED NOTICES
Copyright Infringement Claims – Any notice concerning any claim of copyright infringement should be addressed to: Yoffe & Cooper, LLP, COPYRIGHT INFRINGEMENT CLAIM, 3713 Highland Avenue, Suite #2, Manhattan Beach, California 90266; Telephone (310) 982-2699 or via email at [email protected].© Yoffe & Cooper, LLP, – All Rights Reserved