TERMS OF USE
Updated: September 1, 2020
Scope of Terms
The following are the terms of use by which you agree to be bound by accessing and using our website.
Please read these terms carefully before using our website. Your use of this website and our services are also governed by our Privacy Policy.
Any dispute between you and us, except disputes resolved in small claims court, is subject to a class action waiver and must be resolved by individual binding arbitration. Please read the arbitration provision carefully as it affects your rights under this contract.
This website is intended for informational purposes only and should not be construed as providing legal advice.
Binding Contract
These terms of use (“Agreement”) are a contract between you and Enforceamark, P.C., a California professional corporation doing business at 955 Deep Valley Drive, Unit 3343, Palos Verdes Peninsula, CA 90274. Other than as expressly stated herein, there are no third-party beneficiaries of this Agreement.
Attorney-Client Relationship
The materials on this website are intended for informational purposes only and are not intended to be, nor should they be construed as, providing legal advice or opinion. The information on this website does not constitute an invitation to establish an attorney-client relationship and should not be relied upon for any purpose. Users of this website should seek the legal advice of a licensed attorney in the appropriate jurisdiction. Transmission and receipt of information to and from this website and/or communication with Enforceamark, P.C. is not intended to create, and does not create, an attorney-client relationship between Enforceamark, P.C. and any person or entity.
Agreement
You represent to us that you have read, understood, and expressly agree to be bound by this Agreement, and the terms, conditions, and notices contained or referenced herein, whether you are a client, have a Client Portal account (and agree to this Agreement at the time you created that account) or whether you simply browse, use, or access our website directly or through a third party (and agree to this Agreement when you browse, use, or access any aspect of our website or services.). If you do not agree to this Agreement, you may not use our website or our services.
Supplemental Terms
This Agreement governs Enforceamark’s website and services in general. More specific and/or supplemental terms and conditions may apply to some services, including but not limited to, a particular service or other activity, conditions or other limitations to Enforceamark’s services, and/or specific terms or restrictions that may accompany certain territories, services, websites or social media platforms. Any supplemental terms and conditions are in addition to this Agreement and, in the event of a conflict, the supplemental terms will prevail over this Agreement. If you do not agree to the applicable supplemental terms and conditions disclosed, you may not use Enforceamark’s website or its services.
Amendments
We may need to make changes to portions of this Agreement from time to time and for many reasons, including to reflect updates to Enforceamark’s services or changes in the applicable laws. If we make a material change to this Agreement, it will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amended terms on our website or in other communications to you. You are responsible for periodically reviewing this Agreement for updates and amendments. By continuing to use Enforceamark’s website and/or services, you will be deemed to have agreed to and accepted any amendments to this Agreement. If you do not agree to any change to this Agreement, you must discontinue using Enforceamark’s website and/or services. Our employees, other than our Principal Attorney, are not authorized to modify any provisions of this Agreement, either verbally or in writing.
Accounts
We may permit or require you to create an account to receive or pay for our services. You agree that any information you provide and maintain is non-fraudulent, accurate, current, and complete, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account or contact information, or another person’s name or likeness. You agree that we may take steps to verify the accuracy of information you provide, including contact information.
Passwords and Security
You agree you will not share your account information with others. You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities done using your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password, or other account information, or of any other breach of security of which you become aware involving your account.
Transmission of Information
Electronic mail or other communications through this website or otherwise to Enforceamark, P.C. or any of its lawyers in connection with a matter for which we do not already represent you may not be treated as privileged or confidential. If you choose to contact us through this website, you should be aware that any information transmitted electronically may not be secure.
Electronic Notice
You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.
Termination or Suspension
We may terminate or suspend your access to our website and/or terminate this Agreement, subject to the survival of terms as provided below, if required by law, or if we have objective reason to believe you have used our website or services in violation of any provision of this Agreement or any supplemental terms, and/or if you engage in or encourage infringement or any other illegal conduct as it relates to your use of the website or our services.
Links to Other Web Pages and Websites
This website may contain links to other web pages and websites, including social media platforms. The inclusion of such links does not constitute referrals or endorsements of the linked persons or entities. Similarly, links to organizations and governmental agencies are provided as a convenience to users of our website. Enforceamark, P.C. does not endorse and is not responsible for any third-party content that may be accessed from its website and does not recommend or endorse the use of any third-party’s services. Use of a third-party’s services via our website is strictly voluntary. Any links to third-party websites from our website are accessed at the user’s own risk. Enforceamark, P.C. makes no representations or warranties about the content or security of these links.
Representations and Warranties
The contents of this website contain general information and may not reflect current legal developments. Such content is designed only to give general information on the developments covered. It is not intended to be a comprehensive summary of recent developments in the law, to treat exhaustively the subjects covered, to provide legal advice or render a legal opinion. Because the law is constantly changing and will vary based on different facts and circumstances, statements made on this website regarding the status of a law or legal issue may not be current or applicable to your situation. You should not take any action based on the information in this website.
Disclaimers and Limitations on Liability
Enforceamark, P.C. expressly disclaims all conditions, representations and warranties that are not expressly set forth in these Terms of Use to the fullest extent permitted by law. Enforceamark assumes no responsibility for computer viruses, malware or other negative consequences resulting from use of our website. Under no circumstances, including, but not limited to, negligence, shall Enforceamark, P.C. be liable for any special or consequential damages that result from the use of, or the inability to use, the materials, information or services on this website, even if Enforceamark, P.C. has been advised of the possibility of such damages. Enforceamark, P.C. shall not be held liable for any delay or failure in performance resulting from causes beyond our reasonable control.
Indemnification
You agree to indemnify, defend and hold harmless Enforceamark, P.C., its officers, directors, employees, agents, and assigns from and against any and all loss, damages, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the website and any third-party websites, platforms or social media sites accessed via our website and any violation of these Terms of Use by you.
California Bar Membership
Although this website may be viewed from any of the 50 United States of America, its territories and any country worldwide, Enforceamark, P.C. is formed under the professional corporation law of the State of California and the Principal Attorney is only licensed to practice law in California.
Jurisdiction
By accessing this website, you agree that any disputes or matters arising out of or related to your viewing or use of this website shall be governed by the laws of the State of California without regard to conflict of laws principles.
Binding Arbitration and Class Action Waiver
Proceedings to resolve or litigate a dispute or matter arising out of or related to your viewing or use of this website shall be conducted on an individual basis. Neither you nor Enforceamark, P.C. will seek to have a dispute heard as a class action, a private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceedings.
You and Enforceamark, P.C. agree to arbitrate, as provided below, all disputes between you that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. “Dispute” includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and us concerning our website, our services, or this Agreement, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and Enforceamark, P.C. empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of this Agreement are void or voidable.
In the event of a dispute, you or Enforceamark, P.C. must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to Enforceamark, P.C., P.O. Box 3343, Palos Verdes Peninsula, CA 90274, USA. We will send any notice of dispute to you at the contact information we have for you. You and Enforceamark, P.C. will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, you or we may commence an arbitration proceeding. You may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
If you and Enforceamark do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE WAIVING THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352- 5267. Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in Los Angeles, California, provided, however, that if circumstances prevent you from traveling to Los Angeles, JAMS may hold an in-person hearing in or near your hometown. You and Enforceamark agree to submit to the exclusive jurisdiction of the federal or state courts located in Los Angeles, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
In accordance with the JAMS Rules, the party initiating the arbitration (either you or Enforceamark) is responsible for paying the filing fee. However, if the arbitrator issues you an award of damages and: (a) that award is greater than the amount of our last written settlement offer; or (b) if we did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator's services, we will reimburse you for the filing fees you incurred.
Except as provided above with respect to jurisdiction in Los Angeles, California, nothing in this arbitration provision shall be construed as consent by Enforceamark, P.C. to the jurisdiction of any other court with regard to disputes, claims or controversies unrelated to Enforceamark’s website, services or this Agreement.
Severability
If any provision of this Agreement is deemed unlawful, void or, for any reason, unenforceable, that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Survival
The provisions of this Agreement, which, by their nature, survive the termination of this Agreement, shall survive such termination, including, but not limited to, the restrictions, disclaimers, limitations, rules regarding dispute resolution and other applicable provisions.
Waiver
No waiver of any provision of this Agreement by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Effective Date
These Terms of Use are effective as of September 1, 2020.