Terms of Use for BodenDavidson.com

Welcome, and thank you for visiting BodenDavidson.com. Please read the following thoroughly and completely.

Preamble

Your use of BodenDavidson.com [the “Website”] is subject to these Terms of Use [the “Terms”], which constitute a legally binding agreement between you and BodenDavidson.com. BodenDavidson.com is owned and operated by Boden Davidson, an individual.

This site is for informational purposes only.

None of the information on this website is intended to constitute, nor does it constitute, legal advice, offered by Boden Davidson, or associates.

This website is not intended to create, nor does it create, an attorney-client relationship between you and Boden Davidson.

Acceptance

Your use of BodenDavidson.com indicates your full acceptance of the Terms, which are a binding agreement between you and BodenDavidson.com. Specifically, your acceptance means that you acknowledge and agree to each and every provision of this agreement. You also agree that these Terms constitute a valid agreement between you and BodenDavidson.com, and that this agreement is the entire agreement between you and BodenDavidson.com.

You acknowledge that you have read these Terms in their entirety and that you agree to be bound by these terms as if you signed an original of these terms in person.

If you do not agree to these Terms, then you are not allowed to use BodenDavidson.com.

If you are not of legal age to form a binding contract, or if you are otherwise barred from using BodenDavidson.com or accepting the Terms under the laws of the United States or other countries, then you are not allowed to use BodenDavidson.com.

Your agreement to these Terms requires you to waive any and all rights you may have to litigate any claims you may have against BodenDavidson.com. Please refer to the specific provisions regarding arbitration in this agreement for the specific effect of your agreement to these Terms.

You are granted only a non-exclusive, non-transferable license by these Terms.

No Attorney-Client Relationship

Your use of BodenDavidson.com does not create or constitute an attorney client relationship between you and Boden Davidson.

The information in this website is not intended to create an attorney-client relationship between you and Boden Davidson. Neither the transmission nor receipt of this website material will create an attorney-client relationship between you and Boden Davidson. Transmission by you of information through this website does not create or constitute an attorney-client relationship with Boden Davidson.

The material contained herein is general in nature and may not apply to particular factual or legal circumstances. Boden Davidson may undertake at times to update material on its website to reflect subsequent legal or other developments. You should not rely upon such updates, if any, as a basis for making decisions about your case, your choice of attorney, or how to proceed with your claim. Internet subscribers and online readers should not act on this information without seeking professional counsel.

The information is not guaranteed to be correct, complete, or current. Boden Davidson makes no warranty, expressed or implied, about the accuracy or reliability of the information at this website or at any other website to which this site is linked.

An attorney-client relationship with Boden Davidson cannot be formed by reading the information at this website. The only way to become a client is through a written, mutual agreement executed by both Boden Davidson and client. This website does not propose any type of transaction. Users should not act or rely on any information at this website without seeking the advice of an attorney. The determination of whether a visitor to this website needs legal services and his or her choice of a lawyer are very important matters that should not be based on websites or advertisements.

No Confidentiality

Choosing an attorney is a serious matter and should not be based solely on information contained on this website or in advertisements, and may not be accomplished by sending us confidential information related to you and/or your company.

You may send e-mail through the website. However, if you communicate in connection with a matter for which you are not already represented by Boden Davidson, you should not send confidential or sensitive information via e-mail because your communication will not be treated as privileged or confidential. If you communicate by e-mail in connection with a matter for which already represented by Boden Davidson, you should note that the security of e-mail is uncertain. By sending sensitive or confidential e-mail messages that are not encrypted, you accept the risks of such uncertainty and possible lack of confidentiality over the internet.

Additionally, while the website does not gather your name, e-mail address or similar information about you without your knowledge or consent, the website does permit you to voluntarily submit data about yourself it can consider whether to provide you with the services you have requested. The information gathered will be incorporated into a mailing database and will not be sold to third parties for marketing purposes. At your request, your personal information will be removed.

If you are interested in having Boden Davidson represent you, you should send an e-mail so it can be determined whether the matter is one for which Boden Davidson is willing or able to accept professional responsibility. Boden Davidson will not make this determination by e-mail communication.

Boden Davidson reserves the right to decline any representation. Boden Davidson may be required to decline representation if it would create a conflict of interest with other clients.

Compliance with Legal and Ethical Requirements

Boden Davidson has tried to comply with all legal and ethical requirements in compiling this website. Boden Davidson does not want to represent clients based on their review of any portion of this website that does not comply with legal or ethical requirements.

To the extent that the professional responsibility rules of any jurisdiction require us to designate a principal office or an attorney responsible for this website, Boden Davidson designates its office in Fresno, California (USA): 1195 W. Shaw Avenue, Suite A, Fresno, CA 93711.

Statement in Compliance with Certain Rules of Professional Conduct

Unless otherwise specified, any attorney listed on this Website is not certified by the California Bar Association and are is certified as a specialist in any practice area by the California Bar Association.

Attorney advertising

This website is attorney (lawyer) advertising.

Modifications

BodenDavidson.com may change the Terms at any time and without prior notice. Any such changes may be found on this page. Per the Acceptance provision of this agreement, your continued use of BodenDavidson.com will indicate your acceptance of any modifications to the Terms.

Content

BodenDavidson.com may add, modify, or remove content at any time in its sole discretion and without prior notice. As well, BodenDavidson.com may permanently or temporarily suspend access to any or all content. You may cease your use of BodenDavidson.com at any time.

BodenDavidson.com has the right, but is not obligated, to pre-screen, review, filter, modify, remove, and disapprove of any content on BodenDavidson.com.

BodenDavidson.com may impose limitations on the amount, instances, or type of content that you may provide to BodenDavidson.com, at any time and without prior notice.

BodenDavidson.com may contain links to external websites. You understand that BodenDavidson.com has no responsibility for and does not endorse the availability, content, resources, or services provided by external websites, other individuals or companies. You understand that BodenDavidson.com is not liable for any damage or loss you might incur as a result of your accessing external websites from BodenDavidson.com.

BodenDavidson.com may send you notices or other communications by email, regular mail, or through other devices.

BodenDavidson.com may contain information, data, or content which was provided by third-parties. Third-party content includes, but is not limited to, comments, blogs, images, links, and advertisements. BodenDavidson.com has no responsibility for content provided by third-parties; any responsibility rests with the originator of the content.

BodenDavidson.com may contain content which you personally find objectionable, offensive, disagreeable, indecent or shocking, and that your use of BodenDavidson.com is at your own risk.

BodenDavidson.com may require you to provide specific personal information to access or use BodenDavidson.com. You are required to ensure that any information you provide to BodenDavidson.com will always be accurate, correct, and up-to-date.

BodenDavidson.com may disable or delete your account on BodenDavidson.com at any time and without prior notice. Your account includes any content provided by you.

BodenDavidson.com may use any data you provide in accordance with the Privacy Policy.

You are solely responsible to maintain the security, integrity, and secrecy of any password you use on BodenDavidson.com.

You are solely responsible for any content you post, or any other actions you take on BodenDavidson.com and any consequences arising from your use of BodenDavidson.com. BodenDavidson.com has no responsibility to you or to any third-party for content you post, create, transmit or display on BodenDavidson.com.

You will notify BodenDavidson.com immediately if your account security is compromised.

Use

Your use of BodenDavidson.com must comply with these Terms and with any applicable law, rule, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

You will never assist, aid or abet any other entity to violate these Terms.

Your use of BodenDavidson.com must be through the internet site located at http://bodendavidson.com.

You will not access or attempt to access BodenDavidson.com, or engage in any other activity:

  • that might impair, overload, harm, disrupt, or interfere with BodenDavidson.com, internet connections, or any hardware or software server, especially those associated with BodenDavidson.com.
  • through any automated means, including use of scripts, bots, spiders or web crawlers, except as allowed by the specifications provided in any robots.txt on BodenDavidson.com.
  • that might restrict, restrain, inhibit, violate, or otherwise interfere with the rights of any entity in their use of BodenDavidson.com.
  • to frame, mirror, modify, adapt, translate, reverse engineer, decompile, dissemble or otherwise exploit BodenDavidson.com.
  • to impersonate any other entity, or misrepresent your identity, qualifications, affiliations or any other information about you.
  • to solicit other users of BodenDavidson.com or to post any advertisements.
  • for any fraudulent, unlawful, disruptive or otherwise inappropriate purpose

You will not upload, post, e-mail or otherwise transmit to or through BodenDavidson.com:

  • any information that is confidential to you or any entity, or that you do not have the right to disclose to the public generally.
  • any information that might infringe or misappropriate any intellectual property right of any entity, including, but not limited to, any patent, copyright, trademark, trade name, or trade secret.
  • any fraudulent, unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or invasive of any entity.
  • any virus, worm, Trojan Horse, malware, spyware, adware, or other harmful program or code.
  • any other material that might impair, overload, harm, disrupt, or interfere with BodenDavidson.com.

Your use of BodenDavidson.com may include or lead you to the services or website of another entity. You understand that it is your responsibility to comply with any and all terms that the other entity may condition upon your use of the service or website which belongs to them. You understand that any such terms or conditions placed by another entity on a service or website do not affect the Terms contained in this agreement.

Intellectual property

You understand that, apart from any third-party content, BodenDavidson.com owns all legal rights, title and interest in BodenDavidson.com. These rights include intellectual property rights whether or not registered. Third-party content may be the intellectual property of the originator of the content.

You will not re-convey, transmit, copy, sell, trade or otherwise divulge any confidential information supplied to you by BodenDavidson.com.

You will not copy, reproduce, duplicate, distribute, modify, create derivative works of, rent, lease, sell, barter, trade, or resell any content on BodenDavidson.com without the prior express written permission of BodenDavidson.com or the appropriate intellectual property owner of third-party content.

You will not use any copyrights, trade secrets, trade names, trademarks, service marks, logos, domain names or any other intellectual property right of BodenDavidson.com without prior express written permission of BodenDavidson.com. You will not use the intellectual property of any third-party in any way that may impair the rights of those third-parties.

BodenDavidson.com will reply to notices of alleged copyright infringement in compliance with applicable international law, including the Digital Millennium Copyright Act of the United States.

BodenDavidson.com will ban accounts of repeat offenders of others’ intellectual property rights.

Termination

The Terms set forth here will apply in full force to your use of BodenDavidson.com until this agreement is terminated. The Terms will still apply to any dispute arising out of your use of BodenDavidson.com regardless of termination of this agreement. Termination of this agreement will not affect any legal rights, obligations and liabilities which you or BodenDavidson.com were subject to while the agreement was in affect.

You may terminate this agreement at any time by providing notification to BodenDavidson.com, or by immediately ceasing your use of BodenDavidson.com.

BodenDavidson.com may terminate this agreement at any time, in its discretion, as part of a decision to discontinue providing services, if you have breached any part of this agreement, if you have violated a law of the United States or another country, or by operation of law.

Disclaimer of Warranties

No part of these Terms will exclude or limit warranties or liability on the part of BodenDavidson.com in contravention of applicable law. However, any warranties or liability on the part of BodenDavidson.com is limited to maximum extent allowedby applicable law.

BodenDavidson.com expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

Your use of BodenDavidson.com is at your risk, and BodenDavidson.com is provided as is, and as available.

BodenDavidson.com does not represent or warrant that your use of BodenDavidson.com will satisfy your requirements or be free of interruption, delay, security breaches, defects or errors. Further, BodenDavidson.com does not warrant or represent that provided information is accurate or reliable. As well, BodenDavidson.com does not warrant or represent that it will make correction of technical, operational, or functional problems.

Limitations of Liability

The limitations on the liability of BodenDavidson.com shall not be affected on whether or not you notify or BodenDavidson.com should have known about the possibility of losses or damage incurred by you.

BodenDavidson.com shall absolutely not be liable to you for the following, including, but not limited to:

  • any direct, indirect, incidental, special, consequential, exemplary or punitive damages which may be incurred by you no matter how you suffered the damage, or under any legal theory of liability. This includes, but is not limited to, any loss of profit, goodwill, business reputation, or data, cost of cover, or other intangible loss.
  • any loss or damage which may be incurred by you based on your reliance on the completeness, accuracy or existence of any content on BodenDavidson.com, including any interaction you may have with a third-party.
  • any loss or damage which may be incurred by you based on any additions, modifications, or deletions on BodenDavidson.com, whether temporary or permanent.
  • any loss or damage which may be incurred by you due to the deletion, corruption or failed storage of any content or communications submitted by you to BodenDavidson.com.
  • any loss or damage which may be incurred by you because of your failure to provide accurate information to BodenDavidson.com, or to maintain the security of your account information.

Indemnity

You agree to defend, indemnify and hold harmless BodenDavidson.com, its affiliates, subsidiaries and vendors, as well as their respective employees, agents, representatives and suppliers individually from all claims that may arise from your use of this website.

Arbitration

You understand that this agreement compels you to submit to mediation any dispute you may have with BodenDavidson.com arising out of your use of BodenDavidson.com under the terms of this agreement. Mediation will be conducted be a certified arbitrator in Fresno, California.

Entire Agreement

The Terms are the entire legal agreement between you and BodenDavidson.com and regulate your use of BodenDavidson.com. Any modifications permitted under this agreement are part of the entire agreement as well, as any modification becomes part of the Terms.

Assignment

You may not assign your rights or obligations under this agreement to any other entity.

BodenDavidson.com reserves the right to assign, subcontract, delegate or otherwise transfer its rights under this agreement to any other party without notice or your authorization.

Non-severability

In the event that any provision of this agreement is deemed invalid by a court of law with proper jurisdiction or by valid operation of the appropriate legislature, the invalid provision will be removed from the terms without affecting any other part of the agreement or as a whole.

Non-waiver

You understand that if BodenDavidson.com does not exercise a legal right which it has under this agreement or applicable law, that such will not constitute a waiver on the part of BodenDavidson.com in regards to those legal rights, and BodenDavidson.com will be able to enforce such rights in the future.

Choice of Law

The Terms, and your agreement with BodenDavidson.com shall be governed exclusively by the laws of the State of California.

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