Cohen Land Use Law, LLP (“Firm”) is a California professional LLP that provides legal services in the area of Real Estate Entitlement and Municipal Law (the “Services”). These Terms of Service (“Agreement”) apply to any use of and access to our website located at www.cohenlanduselaw.com (“Website”) by you and/or your agents (collectively, “you”).
Client Fee Agreement. If you are an existing client of the Firm, the terms and conditions applicable to your use of our Services are contained in your client fee agreement. To the extent that there is a difference in terms between the terms in this Agreement and the terms in your client fee agreement, the terms in your client fee agreement shall govern.
Changes. The Firm may make changes to the Website, its Content, and/or the Services described on the Website at any time.
Proprietary Rights. The Website and the Content are the sole and exclusive property of the Firm. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose, any portion of the Website or the Content unless expressly authorized by the Firm in writing. You hereby acknowledge and agree that, as between the Firm and you, all right, title, and interest in and to the Website and the Content shall be owned exclusively by the Firm. Use of the Website or the Content in any way not expressly permitted by this Agreement is prohibited.
Permitted Uses. So long as you agree and comply with the terms of this Agreement, and unless this Agreement is otherwise terminated by the Firm, the Firm invites you to view and/or print a single copy of the Website and the Content. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Website or in the Content. Special terms may apply to some services offered on the Website and may be posted in connection with the applicable service, feature or activity. Any such terms are in addition to this Agreement and, in the event of a conflict, shall prevail.
Additional Restrictions. You agree not to access the Website by any means other than through a standard web browser on a computer or mobile device. You further agree that you will not damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of it.
About The Information On This Site. The Content available on the Website is intended to be a general information resource and is provided solely on an “AS IS” and “AS AVAILABLE” basis. You are encouraged to confirm the information contained herein. You should not construe the Firm’s publication of the Website as a warranty or guarantee of the quality or availability of any services. Any Content will reflect only California and/or United States legal principles (except where expressly stated otherwise).
Links To Other Sites. The Website may contain links to websites operated by other parties, namely LawPay (www.lawpay.com). The Firm provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of the Firm, and the Firm is not responsible for the content available on the other sites. Such links do not imply the Firm’s endorsement of information or material on any other site, and the Firm disclaims all liability with regard to your access to and use of such linked Websites.
Links to Third-Party Accounts. Social media features and widgets may be hosted directly on our Website. We offer you the option to sign into social media accounts you may have with third parties such as Facebook (www.facebook.com) and Twitter (www.twitter.com) (“Third Party Accounts”) in order to “Like” or “Tweet” content on the Website.
Social media features such as the Facebook “Like” button, and widgets such as the “Share This” button, may collect your IP address, which page you are visiting on our Website, and may set a cookie to enable the feature to function properly.
Its terms of service may be found here: https://www.facebook.com/policies.
Payment Processing. Users of the Services may be required to provide their credit card or bank account details to the Firm’s third-party service provider(s) such as the Firm’s bank, as needed to process wires; or the Firm’s credit card payment processor, LawPay (www.lawpay.com), to process payment(s) for the Services.
You agree to provide the Firm and/or the third-party service provider with accurate and complete information about you and/or your business; and you authorize the Firm to share it and any transaction information related to your use of the Services and/or Website with the third-party service provider for the purpose of processing payment(s), including but not limited to the service fees owed to Firm for the use of the Service. If you believe a payment has been processed in error, you must provide written notice to the Firm, the Firm’s bank, and/or third party credit card payment processor, LawPay, as applicable.
While the Firm takes what it believes to be reasonable efforts to ensure secure transmission of your information to the third-party service provider that assesses and processes payment(s), the Firm is not responsible for any fees or charges assessed by third party service providers, or any errors in the processing of payment(s) by third party service providers, including any errors that result from third-party negligence, improper transmission of payment information, your mistaken submission of payment information, or your submission of erroneous payment information. Your sole recourse is with the third-party service provider which processed the payment(s).
Links to our Website. Unless otherwise set forth in a written agreement between you and the Firm, if you choose to link to our Website, you must adhere to the Firm’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the Firm’s name and trademarks; (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with the Firm; (iii) when selected by a user, the link must display the Website on full-screen and not within a “frame” on the linking Website; and (iv) the Firm reserves the right to revoke its consent to the link at any time and in its sole discretion.
Fees for our Services are governed by your client fee agreement. Upon notice to you, the Firm may increase any fees specified in connection with its Services.
Disclaimers and Limitation Of Liability.
THE WEBSITE AND ALL CONTENT ON THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE FIRM MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.
THE FIRM MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FIRM DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, THE CONTENT, OR THE GOODS OFFERED OR SOLD THROUGH THE WEBSITE, EVEN IF THE FIRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions And Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Indemnity. You agree to indemnify, defend and hold the Firm, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of your use of the Website and/or breach of this Agreement.
Trademarks. Unauthorized use of any the Firm’s trademark, service mark or logo are prohibited, and may be a violation of federal and state trademark laws.
Copyright. The Website is protected by copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Website, or individual sections of the content, design or layout of the Website, without the Firm’s express prior written permission.
NOTICE AND PROCEDURES FOR CLAIMS OF INFRINGEMENT. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to firstname.lastname@example.org:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site (providing URL(s) in the body of the communication is the best way to help the Firm locate content quickly);
4. Your name, address, telephone number and email address;
5. A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
(Please write “Copyright Infringement” in the subject line of the email.)
We will protect your Personal Information and disclose it only in a limited number of circumstances. We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to thwart those measures, or use your Personal Information for improper purposes. You acknowledge that you provide your Personal Information via our Website at your own risk. We will notify one another if either of us becomes aware that your data and/or Personal Information has been compromised.
HIPAA. Health Insurance Portability and Accountability Act (“HIPAA”) imposes rules to protect certain personal health information. You should not share any protected health information, or any information that relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual, via this Website. This Website is not intended to be used to communicate protected health information, nor comply with HIPAA. If you do share any protected health information, you do so at your own risk.
Choice of Law; Arbitration; Attorney’s Fees and Costs.
• Choice of Law. This Agreement and any dispute arising hereunder shall be governed by the laws of the State of California, without regard to the conflicts of law provisions thereof.
• Arbitration. ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND THE FIRM, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. YOU AND THE FIRM HEREBY WAIVE THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS, AND THAT CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU ARE EXPRESSLY AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. Any arbitration hearing will be held in Ventura County, California. The applicable governing law will be California law (provided that with respect to arbitrability issues, federal arbitration law will govern). The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
• Attorney’s Fees and Costs. In any arbitration proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.
• Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by contacting email@example.com within 30 days of first accepting these Terms of Service and/or accessing our Website, whichever is earlier, and stating that you (including your first and last name) decline this arbitration agreement.
• If any provision of this Agreement is held to be illegal, invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force.
• Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
• The Firm’s failure to act with respect to any failure by you or others to comply with this Agreement does not waive the Firm’s right to act with respect to subsequent or similar failures.
• Any cause of action or claim you may have with respect to this Agreement or the Website must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.
• You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of the Firm, and any assignment or transfer in violation of this provision shall be null and void.
• The Firm reserves the right to seek all remedies available at law and in equity for violations of this Agreement and/or the rules and regulations set forth on the Website, including without limitation the right to block access from a particular internet address.
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