Terms of Use

Effective date December 6, 2023

Welcome to the website of Encore Law Group LLP (the “Firm”) located at www.encorelaw.com (the “Site”). By accessing or using the Site, you agree to be bound by the following Terms of Use. If you do not wish to be bound by these Terms of Use, you may not access or use the Site. 

As a visitor to the Site, your privacy is important to us. Please review our Privacy Policy to learn how we may collect and use information when you use the Site. To the extent additional rules or guidelines affect your use of the Site, those rules and guidelines (including our Privacy Policy) are hereby incorporated by reference into these Terms of Use.

Content

We make no representations or warranties, express or implied, with respect to the information provided on the Site, whether provided by the Firm, our employees, contractors or other parties. For purposes of these Terms of Use, “Content” is defined as any information, communication, published work, text, photo, video, graphic, music, sound or other material that a user can view on the Site. The Firm assumes no liability or responsibility for any errors or omissions in the Content on the Site or sent to you as a result of your subscriptions on the Site. We periodically may add, update and/or delete Content from the Site without notice. 

The Site

These Terms of Use are effective as of the date posted above and we will not be bound by any additional or different terms on other documents that are inconsistent with these terms. The Firm may modify or update these Terms of Use at any time by posting the amended terms on the Site and those terms will be effective for all use of the Site once they are posted. Your continued access or use of the Site following the posting of any additional or different terms in the Terms of Use constitutes your acceptance of those additional or different terms. The Firm, in its sole discretion, also may add, delete and/or change some or all of the features of the Site at any time. 

These Terms of Use govern your access and use of the Site and all Content or services provided through the Site, except for Content or services provided by third parties. Please read these Terms of Use carefully before using the Site. If you violate any of these Terms of Use (which include by reference the Firm’s Privacy Policy) or otherwise violate an agreement between you and us, we may prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site), at any time in our sole discretion, with or without notice.

Information You Submit Through the Site

Your submission of information through the Site is governed by our Privacy Policy, except for information submitted through links to third parties.

No Attorney-Client Relationship

The Site, including the Content available on the Site, is for informational purposes only. It is not intended to be and is not considered to be legal advice. Transmission of information to you from the Site or receipt of documents or messages from you through the Site does not create or establish an attorney-client relationship between you and the Firm, nor is the information you provide through the Site considered private or privileged. The Firm does not agree to accept and/or maintain the secrecy of any unsolicited information you send to us unless an attorney-client relationship exists between us at the time of your communication. The Firm cannot permit an attorney-client relationship to exist until we have obtained all necessary information and evaluated all relevant information concerning potential conflicts of interest. Even in the absence of a conflict of interest, the Firm, in its sole discretion, may decide not to enter into an attorney-client relationship with you. You should not rely on the Site as a source of legal advice. Legal advice of any nature should be sought from legal counsel.

Third-Party Sites and Services

Any material and links to third-party Sites and resources included on the Site are provided for informational purposes only. The Site also may feature services provided by third parties. You should not interpret the Firm’s use of third-party content or services on the Site, or our links to third-party content or services, as endorsement or approval by the Firm of the organizations providing these sites or their content, products or services. You acknowledge and agree that we are not responsible for, and we make no representations or warranties, express or implied, regarding, any third-party site or any services provided by third parties on the Site or via links to other sites, including any representations or warranties as to accuracy or completeness. You further acknowledge that any reliance on representations and warranties provided by any party other than the Firm will be at your own risk. You expressly agree to hold us harmless for any claims of damage arising from any content, product or service provided by any third party.

Links to the Site

Unless otherwise prohibited under these Terms of Use, you are granted a license to create hyperlinks to Content, provided that the hyperlink accurately describes the Content as it appears on the Site. When a page of the Site is accessed from a link featured on your website, each page within the Site must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on our page.

Proprietary Rights

All Content is subject to intellectual property rights, contract rights or other protection. The Firm or its licensors own all intellectual property rights associated with or appearing on the Site. No Content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in these Terms of Use or with our prior express written consent. Any use of the Content other than as permitted by these Terms of Use or any other unauthorized use of the Content may make you liable to us or our licensors for violation of intellectual property or contractual rights, including, but not limited to, intentional infringement of our copyright and trademark rights. You acknowledge and agree that Content presented to you through the Site may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Our trademarks or service marks include, but are not limited to, “Encore Law Group”. All other trademarks are the property of their respective owners. Nothing in these Terms of Use grants you any right to use any of the Firm’s trademarks, service marks, logos and/or our name, or those of our licensors or referenced third parties.

We grant you a limited, revocable, nonexclusive license to use the Content on the Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. You may not use any Content from the Site for commercial use. You agree not to copy the Site or Content; to reverse engineer or break into the Site; or to use Content, products or services in violation of any law. Any use of the Site or the Content contained therein other than as specifically authorized in these Terms of Use, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in these Terms of Use will be construed as conferring to you, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site at any time and to block or prevent your future access to, and use of, the Site.

Restricted Activities 

You agree to use the Site only for purposes that are legal, proper and in accordance with these Terms and any applicable law, rules or regulations. You may not:

  • use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other party’s use and enjoyment of the Site;
  • attempt to gain unauthorized access to the Site or the computer systems or networks for the Site through hacking, password mining or any other means;
  • transmit any viruses, worms, defects, Trojan horses or any items of a destructive nature;
  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • upload, post, email or transmit or otherwise make available through the Site any inappropriate, defamatory, infringing, obscene or unlawful content;
  • upload, post, email or transmit, or otherwise make available through the Site any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of those rights or have the permission of the owner to post that content;
  • upload, post, email or transmit, or otherwise make available through the Site any materials that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law;
  • run Mail list, Listserv, or any form of auto-responder or “spam” on the Site;
  • use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site, including to engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information;
  • interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site, including to utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over the Site’s pages, or otherwise affect the display of the Site’s pages;
  • impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
  • remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site or collect information about its users for any unauthorized purpose;
  • submit content that falsely expresses or implies that the content is sponsored or endorsed by The Firm, any of its affiliates or any third parties;
  • use the Site for any illegal or unauthorized purpose (including, without limitation, in violation of any U.S. federal and state laws or regulations, or equivalent laws or regulations in foreign jurisdictions;
  • promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
  • use the Site for any commercial purpose whatsoever other than for your personal use.

Modifications and Interruption to the Site

We reserve the right to modify or discontinue all or any portion of the Site with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous or secure access to the Site, or that operation of the Site will be uninterrupted or error-free.

Disclaimer of Warranties and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE FIRM, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE PARTNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “FIRM PARTIES”), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO THE SITE. THE FIRM PARTIES DO NOT WARRANT OR REPRESENT THAT YOUR USE OF MATERIALS DISPLAYED ON, OR OBTAINED THROUGH, THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHER USERS OF THE SITE OR OF THIRD PARTIES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE FIRM PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF THE SITE.  UNDER NO CIRCUMSTANCES WILL ANY OF THE FIRM PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THE SITE OR ANY CONTENT OR SERVICE PROVIDED TO YOU THROUGH THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY FIRM PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THOSE DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.  IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE FIRM PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. 

While we have endeavored to create a secure and reliable Site, the Firm is not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on that information. You must make your own determination as to these matters. The Firm will not be liable for damages as a result of any delay or other failure of performance due to causes beyond its reasonable control, including, without limitation, acts of God, acts of customer or any of its representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses. The Site may be temporarily unavailable from time to time for maintenance or other reasons. You are solely responsible for the security, confidentiality, integrity and use of all messages and/or content that You transmit to the Site. 

Indemnification 

You agree to indemnify and hold the Firm Parties harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your actual or alleged violation of these Terms of Use, or infringement of a third party’s intellectual property or other rights by you or another user of the Site using your computer, mobile device or account.

Governing Laws

The laws of the state of California and the United States govern these Terms of Use and any claims arising out of or relating to use of the Site, without giving effect to any choice of law rules. We make no representation that the Site is appropriate, legal or available for use outside of the United States. The state and federal courts located in Los Angeles, California will serve as the exclusive venue for any actions brought, or claims made, arising out of your use of the Site, and you hereby consent to that jurisdiction and venue.

Changes to These Terms

These Terms of Use may be updated and modified by the Firm from time to time and without notice. You can review the most current version of the terms at any time by clicking on the Terms of Use link at the bottom of each page of the Site. Modifications will become effective immediately upon being posted to the Site. To the extent new services, Content or features are added to the Site in the future, your use thereof is subject to these Terms of Use.

Other Terms

This Agreement constitutes the entire agreement between you and the Firm with respect to your access and use of the Site and the Services and supersedes all prior and contemporaneous agreements between you and the Firm. If any provision of these Terms of Use is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) will not be affected thereby and will remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of the Firm.  Any failure by the Firm to exercise its rights under these Terms of Use or to enforce the terms hereof will not constitute a waiver of those rights.

The Site is targeted at and intended for visitors residing in the United States. Given the global nature of the Internet, however, the Site may be accessed by visitors residing outside of the United States. The Site may not be appropriate or available for use in some jurisdictions outside of the United States. We make no representations or warranties that the Site is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Site from outside of the United States do so at their own initiative and are not responsible for compliance with any and all local laws and regulations that may apply to your access.

Contact Information
If you have any questions about this Policy or need address any matters described herein, please contact the Firm as follows:

Encore Law Group LLP
1100 Wilshire Boulevard, Suite 3305
Los Angeles, CA 90017
(213) 559-7395
TTY – 711
info@encorelaw.com

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