Terms of Use

TERMS OF USE FOR THE CREATIVE VISION LEGAL™ WEBSITE & SECURE CLIENT PORTAL

BY ACCESSING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

 

1. BINDING EFFECT: This is a binding agreement. By using the Internet Website located at creativevisionlegal.com (the “Website”) or any services provided in connection with the secured client portal (the “Service”), you agree to abide by these Terms of Use, as they may be amended by CREATIVE VISION LEGAL (“Law Firm”) from time to time in its sole discretion. Law Firm will post a notice on the Website any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Website and cease all use of the Service and the Website. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

2. PRIVACY POLICY: A complete statement of Law Firm’s current privacy policy can be found by clicking . Law Firm’s privacy policy is expressly incorporated into this Agreement by this reference.

3. USE OF SOFTWARE: Law Firm or its Licensors may make certain software available to you from the Website. If you use software from the Website, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Law Firm or its Licensors, for your personal use only. Law Firm or its Licensors do not transfer either the title or the intellectual property rights to the Software, and Law Firm or its Licensors retain full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Law Firm or its Licensors and you may not copy or use them in any manner.

4. COPYRIGHT AND TRADEMARKS: All contents of Website or Service are: Copyright © 2014 CREATIVE VISION LEGAL™ except as noted. All rights reserved. The trademark CREATIVE VISION LEGAL™ and creativevisionlegal.com are subject to trademark rights held exclusively by Michael J. Thomas. Nothing contained on the Website should be understood as granting you a license to any of the copyrighted material (including but not limited to text, graphics, photographs, or videos), trademarks, service marks, or logos (“Content”) owned by Law Firm or by any third party for anything other than non-commercial, personal uses. If you would like to link to this website, please seek .

5. PROHIBITED USES: Law Firm imposes certain restrictions on your permissible use of the Website and the Service. You are prohibited from violating or attempting to violate any security features of the Website or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Website, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Website or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Law Firm in providing the Website or Service. Any violation of system or network security may subject you to civil and/or criminal liability. You also agree not to use or cause to be used metatag searches of the Website or the service, or to manipulate the Content in any way, including but not limited to framing, alteration of content or parts thereof, re-branding of content, or hidden text techniques).

6. INAPPROPRIATE CONTENT: In connection with your use of the Website, you agree not to upload, display, perform, transmit, or otherwise distribute any content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) intentionally contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (d) creates a false identity for the purpose of misleading others, or (e) advertises or otherwise solicits funds or is a solicitation for goods or services. Law Firm reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Law Firm intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

7. TERMINATION OF USE: Law Firm reserves the right to terminate your use of the Service and/or the Website, and the right to terminate your account or your access to the Website immediately, with or without notice to you, and without liability to you, if Law Firm believes that you have violated any of the Terms of Use, furnished Law Firm with false or misleading information, or interfered with use of the Website or the Service by others. Termination of Use shall not constitute in and of itself disengagement or termination of any attorney-client relationship formed as a result of use of the Service.

8. AFFILIATED WEBSITES: Some links within the Website may lead to other websites for informational purposes. Law Firm has no control over, and no liability for any third party websites or materials. Because neither Law Firm nor the Website has control over the content and performance of these third party websites, You hereby acknowledge and agree that Law Firm makes no guarantees about and assumes no responsibility for the accuracy, currency, content, or quality of this third party content, or quality of the information provided by such Websites.  These links to third party websites or information are not intended as, and should not be interpreted by you as constituting or implying our endorsement, sponsorship, or recommendation of the third party information, products, or services found there. You further agree that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

9. NO WARRANTIES: LAW FIRM HEREBY DISCLAIMS ALL WARRANTIES. LAW FIRM IS MAKING THE WEBSITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LAW FIRM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. LAW FIRM DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

10. INDEMNITY: You agree to indemnify Law Firm for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Law Firm, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Website, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Law Firm will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

11. GOVERNING LAW: These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Francisco County, California, U.S.A. in all disputes arising out of or related to the use of the Website or Service.

12. SEVERABILITY; WAIVER: If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

13. JURISDICTIONAL LIMITS ON USE: Law Firm designates its principal office as 201 Spear Street Suite 1100, San Francisco, CA 94105 and Michael J. Thomas as the attorney responsible for the Website. Michael J. Thomas is licensed to practice law in the state of California and therefore, Law Firm and Michael J. Thomas may only establish an attorney-client relationship with you if you are a resident of California, own or intend on starting a business operating under the laws of California, need legal advice related to California law, or utilize the federal copyright or trademark registration services on this website. Law Firm makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations except those related to federal copyright or trademark law. Your use of or access to the Website should not be construed as Law Firm’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

14. MODIFICATIONS: Law Firm may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Website and/or the Service; or (c) discontinue the Website and/or Service at any time. Law Firm shall post any revision to these Terms of Use to the Website, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Website periodically to be aware of any revisions. You agree that, by continuing to use or access the Website following notice of any revision, you shall abide by any such revision.

15. INTEGRATION: Notwithstanding additional terms and conditions that may be associated with the use of any third party Licensors’ products in conjunction with the Website or Services, these Terms of Use constitute the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to use of the Website and Service, and supersedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into these Terms of Use by, nor is any party relying on, any representation or warranty outside those expressly set forth in this Agreement.