Disclaimer

DISCLAIMER AND TERMS AND CONDITIONS OF USE

This Disclaimer and Terms and Conditions of Use apply to you when you view, access or otherwise use the website located at www.FoleyBezek.com (the “Site”). The Site is owned by Foley Bezek Behle & Curtis, LLP (“FBB&C”). We grant you a nonexclusive, nontransferable, limited right to access, use and display the Site and the materials provided hereon, provided that you comply fully with these Terms and Conditions of Use. It is important that you read carefully and understand these Terms and Conditions of Use. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. If you do not agree to these Terms and Conditions of Use, you must not use the Site.

1. No Attorney-Client Relationship: We provide this Site for general informational purposes only. Because FBB&C is a law firm and some of the information on the Site relates to legal topics, we want you to understand that we do not create an attorney-client relationship with you when you use the Site. By using the Site, you agree that the information on this Site does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and FBB&C. Do not consider the Site to be a substitute for obtaining legal advice from a qualified attorney licensed in your state. Online readers should not act upon this information without seeking professional counsel. The transmission or delivery of unsolicited emails or correspondence will not create an attorney-client relationship between you and FBB&C. Please do not send FBB&C any confidential information over the Internet (including via e-mail) without first obtaining the express consent of one of our attorneys. The information on the Site may be changed without notice and is not guaranteed to be complete, correct or up-to-date. While we try to revise the Site on a regular basis, it may not reflect the most current legal developments. The opinions expressed at or through the Site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Furthermore, this information should in no way be taken as an indication of future results.

2. Compliance With State Bar Requirements: In the event the information on this Site is not consistent with the rules governing communications of legal services in a particular state, FBB&C is unwilling to assume the representation of clients from those states where the marketing materials do not comply with State Bar requirements and where the client is generated as a result of that communication. This web site is not intended to serve as an advertisement or solicitation of business. In particular, FBB&C does not wish to solicit through this web site the business of anyone in any state where this web site, or the use thereof, may not be in compliance with any law or ethical rule. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Unless otherwise specified, the attorneys listed in this Site are not certified by the Texas Board of Legal Specialization. Unless otherwise specified, the attorneys listed in this Site are not certified as a specialist in any practice area by the Tennessee Commission on Continuing Legal Education and Specialization. To the extent the State Bar Rules in your jurisdiction require us to designate a principal office and/or a single attorney responsible for this Site, FBB&C designates its office in Santa Barbara, California, USA as its principal office and designates Peter J. Bezek as the attorney responsible for this Site.

3. Links to Other Sites and/or Materials: Links may appear on the Site that may be used to link to other website(s). These links are provided solely as a courtesy to our Site visitors. FBB&C has no control over the linked websites or the materials, information, goods or services available or contained on these linked websites. FBB&C is not responsible for and does not endorse or warrant in any way any materials, information, goods or services available through such linked websites or any privacy or other practices of such Sites. If you decide to access any of the linked webites, you do so entirely at your own risk. FBB&C reserves the right to terminate any link at any time.

4. Copyright: Unless otherwise indicated, FBB&C claims a copyright in all copyrightable materials on this site. The reproduction of any materials contained on this Site without the express written consent of FBB&C is prohibited.

5. Modification of Terms and Conditions of Use: FBB&C reserves the right to revise these Terms and Conditions of Use at any time by updating this posting. Your continued use of the Site constitutes your agreement to comply with such revisions, so you should visit this page from time to time.

6. Email May Not Be Used to Provide Notice: Communications made through the Site’s email shall in no way be deemed to constitute legal notice to FBB&C or any of its officers, employees, agents or representatives, such as where notice to FBB&C is required by contract, or any federal, state or local laws, rules or regulations. In addition, the transmission or delivery of emails or correspondence will not create an attorney-client relationship between you and FBB&C.

7. Disclaimer; Limitation of Damages: (a) FBB&C expressly disclaims all liability for any viruses or other contamination of your computer system or other device used to access this Site as a result of your use of this Site, and expressly disclaims all liability for actions taken or not taken based on any or all of the contents of this Site.

THE SITE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FBB&C MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. (b) USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.

8. Applicable Laws; Venue: FBB&C operates the Site from its offices in California and makes no representations that materials in the Site are appropriate or available for use in other locations. The display of the Site alone does not subject FBB&C to any specific jurisdiction. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein. Any action arising out of or related to the access, use, content, or existence of this Site shall be filed only in the appropriate state or federal court located within the State of California. The access, viewing or use of this Site constitutes the user’s express permission and consent to the jurisdiction of the state and/or federal courts of the State of California for purposes of such actions.

9. Miscellaneous. If any provision of this Disclaimer and Terms and Conditions of Use is found for any reason to be unlawful, void, or unenforceable, then that provision will be deemed severable from this Disclaimer and Terms and Conditions of Use and will not affect the validity and enforceability of any remaining provision. A party’s failure to insist upon or enforce strict performance of any provision of this Disclaimer and Terms and Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of this Disclaimer and Terms and Conditions of Use.



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