Feuchtwang Law

Terms Of Service

This is a legal agreement (“Agreement”) between you (“You” / “Your”) and Feuchtwang Law. These terms govern Your use of Our website. By using Our website, You acknowledge that You have read, understood, and agree to be bound by this Agreement and Our Privacy Policy. You further warrant and represent that You are at least 18 years old and are legally competent to contract pursuant to applicable law.

1.CHANGES

Feuchtwang Law reserves the right to, and may, at any time and without further notice to You, revise this Agreement or Our Privacy Policy by posting an amended version on Our website. Any changes will be immediately effective from the time of posting. Feuchtwang Law also reserves the right to, at any time and without notice to You, modify or discontinue Our website. You accept that You are solely responsible to review this Agreement and our Privacy Policy from time to time. Each visit to Our website will operate as a new agreement to be bound by this Agreement and Our Privacy Policy.

2. ATTORNEY-CLIENT RELATIONSHIP

Use of this website does not create an attorney-client relationship between You (including any person or entity You represent) and Feuchtwang Law. Information disclosed to or shared with Feuchtwang Law through this website (including but not limited using Our ‘Contact Us’ form) is not an attorney-client communication. No attorney-client relationship between You and Feuchtwang Law will exist unless and until a separate Engagement Agreement or Service Agreement is officially entered into between, and duly executed by, You and Feuchtwang Law.

3. ATTORNEY-CLIENT PRIVILEGE

As no attorney-client relationship exists unless and until You enter a separate Engagement Agreement or Service Agreement with Feuchtwang Law, You are not a client of Feuchtwang Law. As You are not a client of Feuchtwang Law, NO ATTORNEY-CLIENT PRIVILEGE EXISTS AND INFORMATION DISCLOSED OR PROVIDED BY YOU TO US MAY NOT BE PROTECTED BY ATTORNEY-CLIENT PRIVILEGE. Do not disclose or otherwise provide to us any information, documents, or materials which may be required to be protected from disclosure to third parties unless and until you enter a separate Engagement Agreement or Service Agreement with Feuchtwang Law.

4. RESTRICTIONS ON USE

You agree that You will not and may not use Our website to: (i) violate this Agreement, Our Privacy Policy, or any applicable laws, regulations, or ordinances; (ii) transmit any malware, viruses, Trojan horses, malicious code, worms, or other destructive content; (iii) attempt to subvert, disrupt, probe, scan, test, or overcome the security of this website, the host’s systems, networks, software, or tools, or to obtain unauthorized access to any information, documents, or materials stored therein; (iv) transmit or upload any information, documents, or materials that violates the rights of any third party (including, without limitation, intellectual property, privacy, and proprietary rights); (v) disparage or otherwise bring disrepute to Feuchtwang Law, its officers, employees, representatives, clients, contractors, agents, or affiliates; and (vi) interfere with the functions of Our website or the use thereof by any third party.

5. CONSENT TO RECEIVE MAIL

By contacting us using the ‘Contact Us’ form or virtual conference scheduling tool, You consent to receive communications (including digital correspondence) from us. 

6. LINKS TO THIRD PARTY WEBSITES

This website contains links to websites hosted and operated by third parties unaffiliated with Feuchtwang Law. We have no control over these websites, and cannot guarantee and does not guarantee Your safety by visiting or using these websites. Third party websites are governed by their own terms of service and privacy policy (if any), and are not governed by this Agreement or Our Privacy Policy. Because we do not control third party websites, we cannot and do not warrant or guarantee the reliability, accuracy, or safety of their content. By following links to or using third party websites, You assume all risk, responsibility, and liability that arises directly and indirectly from their use, including but not limited to harm to YOU or any third party from displaying, downloading, or using any content, software, code, malware, other links, or other materials available on the third party website.

7. DISCLAIMER OF WARRANTIES

FEUCHTWANG LAW DISCLAIMS ALL WARRANTIES. THE WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FEUCHTWANG LAW EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. USE, AVAILABILITY, AND PERFORMANCE OF THIS WEBSITE OR ANY OF ITS CONTENT MAY NOT BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME RESPONSIBILITY AND LIABILITY FOR ALL HARMS, DAMAGES, AND LIABILITIES, TO YOU OR TO ANY THIRD PARTY, ARISING FROM OR IN RELATION TO YOUR USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DAMAGE TO AND LOSS OF YOUR SYSTEMS, NETWORK, OR DATA.

8. LIMITATION OF LIABILITY

ANY LIABILITY OF FEUCHTWANG LAW IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FEUCHTWANG LAW WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THIS WEBSITE REGARDLESS OF ANY ADVICE OR ADVANCE NOTICE GIVEN TO FEUCHTWANG LAW. WITHOUT LIMITING THE FOREGOING, THE ABSOLUTE MAXIMUM LIABILITY OF FEUCHTWANG LAW UNDER ALL CIRCUMSTANCES WILL BE THE LESSER OF THE AMOUNT PAID BY YOU TO FEUCHTWANG LAW IN CONSIDERATION OF YOUR USE OF THE WEBSITE AND $100. BY USING THIS WEBSITE, YOU IRREVOCABLY ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY IS A REASONABLE ALLOCATION OF RISK AND A FUNDAMENTAL ELEMENT OF THE BARGAIN BETWEEN YOU AND FEUCHTWANG LAW, AND THAT THIS WEBSITE WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS.

9. INDEMNITY

You agree to defend, indemnify, and hold harmless Feuchtwang Law and its officers, employees, representatives, contractors, and agents, and their affiliates (the “Indemnified Parties”) from and against any and all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys’ fees and disbursements, and court costs, on an indemnity basis) arising from, out of, or in connection with: (i) Your use of this website; (ii) any violation by You of this Agreement or Our Privacy Policy; or (iii) the transmission of any data by You to Feuchtwang Law using this website. The Indemnified Parties may (but need not) participate in any defense by You under this section using the counsel of their choice but at Your sole cost and expense.

10. TERMINATION

If You violate this Agreement, any and all licenses granted by this Agreement will automatically and immediately terminate without further notice to You. Termination of this Agreement terminates Your right to use the website. Feuchtwang Law reserves the right, in its sole discretion, to limit, deny, or restrict use of and access to this website to any person or persons for any or no reason. Feuchtwang Law will not be required to provide advance or any notice to any person or persons whose use of or access to the website is limited, denied, or restricted. 

11. CHOICE OF LAW, JURISDICTION, & VENUE.

This Agreement is governed by the laws of the State of California without regard to its conflict of law principles. This Agreement will be construed and interpreted as though executed by all parties in San Mateo County, California. You irrevocably agree: (i) that the proper venue for any and all disputes (including but not limited to litigation) arising from, out of, or in connection with this website or Your use thereof will be the State and Federal Courts located in the Northern District of California; (ii) that you waive any objection to the personal jurisdiction and venue of such courts (including but not limited to claims of Forum non Conveniens); and (iii) to accept extra-territorial service of process.

12. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between You and Feuchtwang Law concerning Your use of this website.

13. AMENDMENT

This Agreement may only be modified in accordance with the terms of Section 1 herein.

14. SEVERABILITY; WAIVER

If any part of this Agreement is held invalid or unenforceable, the remaining parts will remain in full force and effect, construed to reflect the parties' original intent. Waiver in any one instance by Feuchtwang Law of any term or condition of this Agreement, or any breach of this Agreement, will not operate as a general waiver of such term or condition or any subsequent breach.

15. RELATIONSHIP

Nothing in this Agreement or on this website creates an agency, partnership, joint venture, employee-employer, or attorney-client relationship between You and Feuchtwang Law.

16. ASSIGNMENT

This Agreement and Your rights and obligations contemplated by it are personal in nature and may not assigned or transferred by You without the advance written consent of an authorized officer of Feuchtwang Law. Despite the foregoing, this Agreement will be binding on and inure to the benefit of the parties’ respective successors and permitted assigns.

17. ATTORNEY ADVERTISING

Some U.S. States may treat this website and its content as attorney advertising. Prior results do not guarantee the same of similar result. Nothing on this website or its linked materials should be considered a guarantee of outcome. Jonathan Feuchtwang, Esq. is licensed to practice law in the State of Illinois and California, and is licensed to Practice before the U.S Patent Office.

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