TERMS OF USE

Last modified: June 12, 2017

This website (together with any successor site(s) and all Services (as defined below), the "Website") is operated by Everwill Law LLP ("we," "us"). Your use of this Website is governed by these Terms of Use (this "Agreement"), regardless of how you access the Website (including through the Internet, through Wireless Access Protocol (commonly referred to as "WAP"), through a mobile network, or otherwise). 

By using the Website, you agree to the terms of this Agreement and to any additional rules and guidelines that we post on the Website. We may make changes to this Agreement from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement on the Website. You can determine when we last changed this Agreement by referring to the “Last modified” legend above. Your use of the Website following changes to this Agreement will constitute your acceptance of those changes. We may, at any time, modify or discontinue all or part of the Website; refuse to provide any user with access to the Website; charge, modify, or waive fees required to use the Website; or offer opportunities to some or all Website users.

1. About Everwill Services. We provide users of the Website with access to general information and services about us, including without limitation: (a) information such as newsletters, legal updates, articles, attorney profiles, event details, videos, photos, text, data, and other similar content and (b) services such as event registration, subscription management, research tools, video players, and links to third-party websites (such information and services, collectively, the "Services").

WHILE THE INFORMATION ON THE WEBSITE CONCERNS LEGAL ISSUES, IT IS NOT LEGAL ADVICE. MOREOVER, USE OF THE WEBSITE IS NOT INTENDED TO CONSTITUTE, AND DOES NOT CONSTITUTE, A SOLICITATION FOR THE FORMATION OF AN ATTORNEY-CLIENT RELATIONSHIP; NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED THROUGH YOUR USE OF THE WEBSITE. MOREOVER, neither receipt of information presented on this website nor any email or other electronic communication sent through this site will create an attorney-client relationship, and any such email or communication will not be treated as confidential. No user of this website should act or refrain from acting on the basis of information included on this website without seeking legal advice of counsel in the relevant jurisdiction. We expressly disclaim all liability in respect of actions taken or not taken based on any contents of this Website.

2. User Responsibilities. You, and you alone, are responsible for your account and anything that happens while you are signed in to or using your account. Your security is your responsibility.

a.         User Registration and Account Security. You may need to register to use part(s) of the Website and/or Services. We may reject, or require that you change, any user name, password, or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you are responsible for any use of your user name and password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your user name and password, or your user account.

b.         Privacy. We respect your privacy and permit you to control the treatment of your personal information. A complete statement of our current Privacy Policy can be found by clicking here. Our Privacy Policy is expressly incorporated into this Agreement by reference.  In connection with your use of the Services, you may be asked to provide personal information, which information will be protected pursuant to our Privacy Policy. In addition, you grant us a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate rights held by us at any time by removing your personal information from the applicable service.

c.         Compliance with Laws. You represent and warrant that: (i) you have the authority to, and are of legal age in your jurisdiction to, bind yourself to this Agreement; (ii) your use of the Services will be solely for purposes that are permitted by this Agreement; (iii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party; and (iv) your use of the Services will comply with all local, state and federal laws, rules, and regulations.

 

3. Use Restrictions. Your use of the Website is conditioned on your compliance with the following user restrictions; your failure to comply with such restrictions may result in termination of your access to the Website and Services. You agree that you will not:

  • Use the Website for any fraudulent or unlawful purpose.

  • Use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Website.

  • Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website; or express or imply that we endorse any statement you make.

  • Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks.

  • Transmit or otherwise make available in connection with the Website any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.

  • Restrict or inhibit any other person from using the Website (including without limitation by hacking or defacing any portion of the Website).

  • Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website.

  • Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Website.

  • Remove any copyright, trademark, or other proprietary rights notice from the Website or materials originating from the Website.

  • Frame or mirror any part of the Website without our express prior written consent.

  • Create a database by systematically downloading and storing Website content.

  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine," or in any way gather Website content or reproduce or circumvent the navigational structure or presentation of the Website without our express prior written consent.

 

Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances.

4. Accuracy of Information. We attempt to ensure that information on this Website is complete, accurate, and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currentness of any information on this Website.

5. Links to Third Party Information. This Website may provide links to other web sites and online resources. We are not responsible for and do not endorse such external sites or resources. Other sites may link to the Website with or without our authorization, and we may block any links to or from the Website. YOUR USE OF THIRD-PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK. Additionally, we may provide tools to allow you to link to the Website directly from a third-party site; if you do link to the Website (whether using such tools or otherwise), you agree that you will disable and remove any such link promptly upon our request.

 

6. Our Proprietary Rights. We and our respective licensors and suppliers own the information and materials made available through the Website. Such information and materials may be protected by copyright, trademark, patent, and/or other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Website or any information or materials made available through the Website.

Our trademarks and service marks include, without limitation, EVERWILL, EVERWILL.COM, and any associated trademarks, service marks, and logos. All trademarks and service marks on the Website not owned by us are the property of their respective owners. You may not use our trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Website should be construed as granting any license or right to use any trademarks or service marks without express prior written consent of the owner.

PLEASE NOTE THAT UNAUTHORIZED USE OF ANY SERVICE, INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE USED BY THE SERVICES, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES (INCLUDING, WITHOUT LIMITATION, POSSIBLE MONETARY DAMAGES), INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.

7. Copyright. We respect the intellectual property rights of others and expect our users to do the same. It is our policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

a. Notification of Copyright Infringement. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using the Website that are reported to our Designated Copyright Agent, identified in the sample notice below. If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Website by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. Upon receipt of the Notice as described below, we will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Website.

b. DMCA Notice of Alleged Infringement (“Notice”).  (1) Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed; (2) Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Website where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Website where such reference or link may be found; (3) Provide your mailing address, telephone number, and, if available, email address; (4) Include both of the following statements in the body of the Notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)” and “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner of the copyright that is allegedly infringed, or authorized to act on behalf of the owner of the copyright or of an exclusive right under the copyright that is allegedly infringed.” (5) Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to our Designated Copyright Agent: Designated Copyright Agent, Everwill Law LLP, 888-EVERWILL, team@everwill.com.

8. Termination. This Agreement is effective until terminated.  We may, at any time and for any reason, terminate your access to or use of:  (a) the Website, (b) your user name and password or (c) any files or information associated with your user name and password.  If we terminate your access to the Website, you will not have the right to bring claims against us or our affiliates with respect to such termination.  We and our affiliates shall not be liable for any termination of your access to the Website or to any such information or files, and (except as may be required under mandatory applicable law) shall not be required to make such information or files available to you after any such termination.  We may take steps that we believe are appropriate to enforce or verify compliance with any part of this Agreement (including our right to cooperate with any legal process relating to your use of the Website or any third-party claim that your use of the Website is unlawful or infringes such third party’s rights).  Sections 1, 4-6 and 8-12 shall survive any expiration or termination of this Agreement.

 

9. LIMITATION OF LIABILITY AND DISCLAIMERS. THE WEBSITE AND ALL GOODS, SERVICES, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE WEBSITE AND ALL SERVICES, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.  WE MAKE NO REPRESENTATION OR WARRANTY THAT THE WEBSITE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE WEBSITE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE WEBSITE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE WEBSITE.  YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE WEBSITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE. 

WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE WEBSITE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES.  FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE OR FROM ANY INFORMATION OR MATERIALS ON THE WEBSITE.  YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.  OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE WEBSITE.

IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.  IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.

While we try to maintain the security of the Website, we do not guarantee that the Website will be secure or that any use of the Website will be uninterrupted.  Additionally, third parties may make unauthorized alterations to the Website.  If you become aware of any unauthorized third party alterations to the Website, contact us at with a description of the material(s) at issue and the URL or location of such materials.

10. Indemnity.  Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold us or our affiliates harmless from and against all claims, losses, costs, and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Website or (b) any violation of this Agreement by you.

 

11. Governing Law. You hereby agree that this Agreement (and any claim or dispute arising in connection with this Agreement or your use of the Website) is governed by and shall be construed in accordance with the laws of the State of California, U.S.A., without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in Los Angeles, California, U.S.A., and waive any jurisdictional, venue, or inconvenient forum objections thereto. 

 

12. Miscellaneous. This Agreement does not create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us.  If any provision of this Agreement is found to be unenforceable, that provision will not affect the validity and enforceability of any other provision.  You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent.  No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.  This Agreement hereby incorporates by this reference any additional terms that we post on the Website (including, without limitation, our Privacy Policy) and, except as otherwise expressly stated herein, this Agreement is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter.  Notices to you may be made via posting to the Website, by email, or by regular mail, in our discretion.

 

We may also provide notice of changes to this Agreement or other matters by displaying such notices or by providing links to such notices.  You agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings, based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  We will not be responsible for failure to fulfill any obligation due to causes beyond our control. 

 

All materials © 2020 Everwill Law LLP unless otherwise noted.  All rights reserved.

© 2020 by Everwill LLP

Terms of Use

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