[Effective: January 1st, 2015]
PLEASE REVIEW THESE TERMS OF USE BEFORE USING THE LAW OFFICES OF YOSHITO J. YAMAMOTO’S WEBSITE. This is a legal agreement (the “AGREEMENT”) between you (“YOU” or “YOUR“) and LAW OFFICES OF YOSHITO J. YAMAMOTO (“WE”, “US” or “OUR”) regarding YOUR use of OUR website and related non-legal services (collectively, the “WEBSITE”). By using the WEBSITE, YOU represent and warrant that YOU have read and understood, and agree to be bound by, the Agreement and OUR Privacy Policy (the “PRIVACY POLICY”).
By using the WEBSITE, YOU further represent and warrant that YOU are 18 years old or older, and that YOU are otherwise legally qualified to enter into contracts under applicable law. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, OR ARE NOT LEGALLY QUALIFIED TO ENTER INTO CONTRACTS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.
Changes / Modifications
WE may, at any time revise this AGREEMENT or the PRIVACY POLICY by posting amended versions on the WEBSITE. WE will attempt to provide no less than thirty (30) days prior written notice on the WEBSITE. Any changes will be effective immediately upon posting. It is YOUR responsibility to review this AGREEMENT and the PRIVACY POLICY periodically. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE. Unless WE obtain YOUR express consent, any revised PRIVACY POLICY will apply only to information collected by US after such time as the revised PRIVACY POLICY takes effect.
WE also may, at any time and without notice, modify or discontinue the WEBSITE. YOU agree that WE shall have no obligation of any sort in connection with any modification or discontinuance of the WEBSITE.
Informational Purposes Only
WE hereby grant YOU a non-exclusive license to download and display the WEBSITE, and to reproduce the content located thereon, in each case solely for YOUR personal, non-commercial use. WE provide the WEBSITE for information purposes only. THE WEBSITE DOES NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, LEGAL ADVICE OR OPINION.
No Attorney-Client Relationship
YOUR USE OF THE WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND LAW OFFICES OF YOSHITO YAMAMOTO. SIMILARLY, THE TRANSMISSION OF INFORMATION TO AND FROM LAW OFFICES OF YOSHITO YAMAMOTO BY MEANS OF THE WEBSITE IS NOT AN ATTORNEY-CLIENT COMMUNICATION. If YOU would like US to represent YOU, YOU should expressly make such request and execute an engagement agreement with US. If the matter in connection with which YOU seek representation involves other parties, all parties are required to execute such engagement agreement. If WE agree to represent YOU, WE will inform YOU via e-mail by sending you the countersigned engagement agreement setting forth the basis of the representation. Unless and until YOU have executed and returned that engagement agreement, and WE have confirmed its receipt, no attorney-client relationship exists.
Unless an attorney-client relationship exists between YOU and US, YOU shall not represent to any third party, either directly or by implication, that YOU are represented by US, or that WE are in any way involved in YOUR matter. Without limiting the foregoing, unless an attorney-client relationship exists between You and US, YOU shall not copy US, or any attorney or employee of US, on any e-mails or letters in a manner that could reasonably be interpreted by any third party to mean that You are represented by US.
No Attorney-Client Privilege
BECAUSE YOU ARE NOT OUR CLIENT, INFORMATION PROVIDED BY YOU TO US MAY NOT BE PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE. It is possible that WE already represent, or in the future may represent, a party whose interests are adverse to YOURS. In that case, WE may not be able to treat information received from YOU as privileged.
Prohibited Uses
YOU represent and warrant that YOU will not use the WEBSITE to:
a. Upload or transmit content that violates the privacy, intellectual property or other proprietary rights of any third party;
b. Transmit viruses, Trojan horses, worms, malicious code or other harmful or destructive content;
c. Violate this AGREEMENT, the PRIVACY POLICY or any applicable law or regulation, including without limitation laws designed to regulate unsolicited e-mail or other electronic advertising;
d. Harm the goodwill or standing of US or any of OUR clients, partners, employees, affiliates, agents, contractors or representatives;
e. Attempt to probe, scan, test or violate the security features of the WEBSITE or of any associated system or network, or to obtain unauthorized access to materials or other information stored thereon;
f. Attempt to interfere with the use of the WEBSITE by any other user.
WE reserve the right to cooperate fully in any investigation by law enforcement officials of any violation of this AGREEMENT.
Third-Party Websites
The WEBSITE may contain links to websites operated by third parties (“THIRD-PARTY WEBSITES”). WE do not have control over THIRD-PARTY WEBSITES, each of which may be governed by its own terms of service and privacy policy. WE have not reviewed, and cannot review, THIRD-PARTY WEBSITES, and therefore does not warrant or endorse any THIRD-PARTY WEBSITE or the content appearing thereon. By visiting or using THIRD-PARTY WEBSITES, YOU assume all responsibility and liability for all resulting harms, whether to YOU or to any third party, including without limitation as resulting from YOUR downloading or use of any content, software or other materials available therefrom.
Consent to Receive E-mail from US
By becoming OUR client, YOU may consent to receive OUR periodic newsletter (the “Newsletter”), which WE distribute by e-mail to YOUR address on file with US. If YOU are not a client and/or would like to stop receiving OUR newsletter or other automated follow-up e-mails, YOU should click on the “unsubscribe” link contained in any of the e-mail newsletters or other automated follow-up e-mails.
Intellectual Property
The content located on the WEBSITE, including without limitation this AGREEMENT, is OUR copyrighted property or OUR licensors’. Similarly, OUR name, the YAMAMOTOLAW.PRO domain name, the registered service mark and all other names and logos used by US in connection with the offering of OUR goods and services are OUR trademarks and service marks, or registered trademarks or registered service marks or OUR licensors’. Except as explicitly permitted, neither YOUR use of the Website nor this AGREEMENT grants YOU any right, title or interest in or to US and OUR licensors’ copyrights, trademarks and service marks. Copyright © 2016 to the present, Law Offices of Yoshito J. Yamamoto. ALL RIGHTS RESERVED.
If YOU believe that material located on or linked to by the WEBSITE infringes one or more of YOUR copyrights, please immediately notify US by means of a fax to 408-716-3321 YOUR fax should include: a signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf; an identification of the copyright claimed to have been infringed; a description of the nature and location of the material that You claim to infringe YOUR copyright, in sufficient detail to permit US to find and positively identify that material; YOUR name, address, telephone number and e-mail address; and a statement by YOU (i) that YOU believe in good faith that the use of YOUR copyrighted material is not authorized by law, or by the copyright owner or such owner’s agent and, (ii) under penalty of perjury, that all of the information contained in YOUR faxed notice is accurate, and that YOU are either the copyright owner or a person authorized to act on their behalf.
Disclaimer of Warranties
WE HEREBY DISCLAIM ALL WARRANTIES. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. OPERATION OF THE WEBSITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ALL HARMS, WHETHER TO YOU OR TO ANY THIRD PARTY, ARISING OR RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION AS RELATE TO ANY DAMAGE TO YOUR SYSTEMS OR DATA.
Limitation of Liability
OUR LIABILITY IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF ANY ADVICE OR NOTICE GIVEN TO US, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE. ADDITIONALLY, THE MAXIMUM LIABILITY OF US UNDER ALL CIRCUMSTANCES WILL BE THE AMOUNT PAID BY YOU TO US IN CONSIDERATION OF YOUR USE OF THE WEBSITE OR $25, WHICHEVER IS LESS. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
Indemnity
YOU agree to defend, indemnify and hold US harmless and OUR partners, employees, affiliates, agents, contractors and representatives (“OUR Parties”) from and against all claims, losses, costs, damages, liabilities, and expenses (including without limitation attorneys’ fees) arising out of or relating to: (i) YOUR use of the WEBSITE; (ii) any violation by YOU of this AGREEMENT; or (iii) YOUR submission to US by means of the WEBSITE of incomplete, inaccurate or untimely information or other data. OUR Parties shall have the right, but not the obligation, to participate through counsel of their choice in any defense by YOU under this Section.
Termination
In the event of a breach by YOU, this AGREEMENT and all licenses granted thereunder shall automatically terminate, except that the following provisions will survive: No Attorney-Client Relationship, No Attorney-Client Privilege, Consent to Receive E-mail from US, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, and Communication Concerning Availability of Professional Employment. Any termination of this AGREEMENT terminates all of YOUR rights to use the WEBSITE, including YOUR license to the content located thereon.
Without limiting any other provision of this AGREEMENT, WE reserve the right to, in its sole discretion and without notice or liability, deny use of the WEBSITE to any person for any reason or no reason at all.
Communication Concerning Availability of Professional Employment
The WEBSITE and certain issues of the Newsletter are “communications” within the meaning of Rule 1-400 of the California Rules of Professional Conduct. Neither this WEBSITE nor the Newsletter are intended as, nor should they in any way be construed as, “Solicitations” as also defined by that rule. If You believe that the WEBSITE violates any applicable ethical rule, whether in Your jurisdiction or elsewhere, You should immediately leave the WEBSITE, and should disregard all information and other materials available thereon.
Choice of Law; Jurisdiction and Venue
The WEBSITE is located and operated by US in Santa Clara, California. This AGREEMENT shall be interpreted and enforced as though executed in Santa Clara, and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THE WEBSITE OR THIS AGREEMENT WILL BE THE STATE AND FEDERAL COURTS LOCATED IN SANTA CLARA, CALIFORNIA. THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.
Entire Agreement; Amendment
This AGREEMENT constitutes the entire agreement between YOU and US concerning YOUR use of the WEBSITE. This AGREEMENT may only be modified as stated above, or by amendment signed by OUR authorized representative.
Severability; Waiver
If any part of this AGREEMENT is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Assignment
This AGREEMENT and all of YOUR rights and obligations hereunder will not be assignable or transferable by YOU without the prior written consent of US. Notwithstanding the foregoing, this AGREEMENT will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Relationship
Without limiting any other provision of this AGREEMENT, this AGREEMENT creates no agency, partnership, joint venture or employee-employer relationship between YOU and US.