ACCEPTANCE OF TERMS
Maredyth and Fischer welcomes you to our office and to our web site. This web site is intended to provide general information only and NOT LEGAL ADVICE, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.california-legal.com/tos. Clients retaining the services of Maredyth and Fischer are still subject to any and all posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Please take note that there is NO ATTORNEY CLIENT RELATIONSHIP until and unless a written fee agreement is signed by both the client and Maredyth and Fischer (or any other attorney which may provide information through this site or communicate in any way with site users).
To the extent there is an attorney/ client relationship, users acknowledge and understand that they are potentally waiving their right to the attorney/client privilege, which means that anything posted on the site is available to the public and can, and will, be used in any legal matter to which they are a party.
DESCRIPTION OF WEB SITE
Through our web site, Maredyth and Fischer provides users with access to a rich collection of resources, including various communications tools, forums, chats, calendar services, search services, personalized content through its web site which may be accessed through any various medium or device now known or hereafter developed (the "Web Site"). You also understand and agree that the Web Site may include advertisements and that these advertisements are necessary for Maredyth and Fischer to provide access to legal resources. You also understand and agree that the Web Site may include certain communications from Maredyth and Fischer, such as service announcements or administrative messages and that these communications are considered part of Maredyth and Fischer membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Web Site, including the release of new Maredyth and Fischer properties, shall be subject to the TOS.
You understand and agree that the Web Site is provided "AS-IS" and that Maredyth and Fischer assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Web Site and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Web Site.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Web Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Web Site's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Maredyth and Fischer has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Maredyth and Fischer has the right to suspend or terminate your account and refuse any and all current or future use of the Web Site (or any portion thereof). Maredyth and Fischer is concerned about the safety and privacy of all its users.
ATTORNEY REGISTRATION
Any attorneys registering must be an attorney accredited through their respective state bar and have good standing with them.
INDEMNITY
You agree to indemnify and hold Maredyth and Fischer, affiliates, officers, agents, co-branders or other partners, and employees, and any other third party vendors, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Web Site, your use of the Web Site, your connection to the Web Site, your violation of the TOS, or your violation of any rights of another.
Attorney users further agree to all other terms set forth in the TOS excluding the terms in CTA MEMBER REGISTRATION.
CTA MEMBER REGISTRATION
All teachers registering must be a current member of the California Teachers Association and membership will be verified.
CTA users agree and understand that there is no attorney client relationship and that they must obtain a document entitled, “Group Legal Services Referral� and provide it to our office (the form may be obtained through your local union representative). Once the form is provided, it will be submitted and the CTA may authorize funding for your legal matter at that point. However, Maredyth and Fischer has no obligation to represent you unless and until we agree to do so. Representation will occur either when: the CTA has authorized Maredyth and Fischer to represent you with regard to an employment related matter and/or when a written fee agreement is signed by both the client and Maredyth and Fischer.
CTA users agree and understand that the forums, and any and all other information provided on the Web Site, is provided for general informational purposes only as well as to provide a support network for educators in California.
CTA users agree to seek assistance from a qualified attorney in any employment related matter in which you may be involved.
CTA users further agree to all terms set forth below.
GENERAL USER REGISTRATION
All users agree that Maredyth and Fischer is not responsible for information provided on the Web Site, including, but not limited to, any information provided by Maredyth and Fischer itself. Users agree and understand that they will not rely on any information provided on the Web Site in any legal matter in which they are involved, or any potential legal matter in which they anticipate becoming involved and that the User will seek assistance from a qualified attorney if and when necessary.
All users agree that there is NO ATTORNEY CLIENT RELATIONSHIP created through any information provided in the Web Site or through any communication with Maredyth and Fischer, either through the Web Site or otherwise unless and until a written fee agreement is signed by both the User and Maredyth and Fischer.
All users agree and understand that to the extent there exists an attorney/client relationshiop, either with Maredyth and Fischer or another attorney, they are waiving any attorney/client privilege that may exist with regard to anything that is posted on the Web Site. This means that anything posted on the Web Site may be used in any legal proceeding and may have otherwise been protected by attorney/client privilege.
No Attorney-Client Relationship
Information posted or made available on or through the Web Site, including without limitation any responses to legal questions posted in the Forums and/or Blogs, information provided anywhere else on the Web Site , and any other comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information (collectively "Legal Information") is not intended to create an attorney-client relationship between you and any attorney, including, but not limited to, Maredyth and Fischer and their associates and affiliates. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information. You understand that questions and answers or other postings to the Web Site are not confidential and are not subject to attorney-client privilege.
Maredyth and Fischer does not select, screen, approve, endorse or limit who can post Legal Information, including those who contribute responses to the Forums and Blogs ("Contributors"). Although we reserve the right to review, remove or edit any content from the site, we do not routinely screen, monitor, or review the content of any such Legal Information. As a result, we have no control over and we do not warrant or guarantee the accuracy, adequacy, applicability, completeness, currency or quality of any such Legal Information or the qualifications of those posting Legal Information. MAREDYTH AND FISCHER SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY LEGAL INFORMATION YOU ENCOUNTER ON OR THROUGH THE WEB SITE, AND ANY USE OR RELIANCE ON LEGAL INFORMATION IS SOLELY AT YOUR OWN RISK.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MAREDYTH AND FISCHER SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY ADVERSE CONSEQUENCES IN ANY LEGAL PROCEEDING (OR ANTICIPATED LEGAL PROCEEDING) IN WHICH YOU MAY BE INVOLVED, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MAREDYTH AND FISCHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEB SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (v) ANY OTHER MATTER RELATING TO THE WEB SITE .
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 OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www. Maredyth and Fischer/PrivacyPolicy.html. You understand that through your use of the Web Site you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information in the United States countries for storage, processing, and use by Maredyth and Fischer.
USER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Web Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Maredyth and Fischer of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Maredyth and Fischer cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
USER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Maredyth and Fischer, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Web Site. Maredyth and Fischer does not control the Content posted via the Web Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Web Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Maredyth and Fischer be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Web Site.
You agree to not use the Web Site to:
You acknowledge that Maredyth and Fischer may or may not pre-screen Content, but that Maredyth and Fischer and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Web Site. Without limiting the foregoing, Maredyth and Fischer and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Maredyth and Fischer or submitted to Maredyth and Fischer, including without limitation information in Maredyth and Fischer Message Boards, and in all other parts of the Web Site.
You acknowledge, consent and agree that Maredyth and Fischer may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Maredyth and Fischer, its users and the public.
You understand that the technical processing and transmission of the Web Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Web Site and software embodied within the Web Site may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Maredyth and Fischer and/or content providers who provide content to the Web Site. You may not attempt to override or circumvent any of the usage rules embedded into the Web Site. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Web Site, in whole or in part, is strictly prohibited.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE WEB SITE
Maredyth and Fischer does not claim ownership of Content you submit or make available for inclusion on the Web Site. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Web Site, you grant Maredyth and Fischer the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Web Site other than Maredyth and Fischer Forums, the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Web Site (including your Maredyth and Fischer I.D.), use of the Web Site, or access to the Web Site.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Maredyth and Fischer may establish general practices and limits concerning use of the Web Site, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Web Site, the maximum number of email messages that may be sent from or received by an account on the Web Site, the maximum size of any email message that may be sent from or received by an account on the Web Site, the maximum disk space that will be allotted on Maredyth and Fischer servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Web Site in a given period of time. You agree that Maredyth and Fischer has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Web Site. You acknowledge that Maredyth and Fischer reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Maredyth and Fischer reserves the right to modify these general practices and limits from time to time.
MODIFICATIONS TO WEB SITE
Maredyth and Fischer reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web Site (or any part thereof) with or without notice. You agree that Maredyth and Fischer shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Web Site.
TERMINATION
You agree that Maredyth and Fischer may, under certain circumstances and without prior notice, immediately terminate your Maredyth and Fischer account, any associated email address, and access to the Web Site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Web Site (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Maredyth and Fischer account includes (a) removal of access to all offerings within the Web Site, including but not limited to Email, Calendars, Chat, Message Boards and Galleries, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Web Site. Further, you agree that all terminations for cause shall be made at Maredyth and Fischer's sole discretion and that Maredyth and Fischer shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Web Site.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers or any other third party users found on or through the Web Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or other third party user. You agree that Maredyth and Fischer shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Web Site.
LINKS
The Web Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Maredyth and Fischer has no control over such sites and resources, you acknowledge and agree that Maredyth and Fischer is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Maredyth and Fischer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
NOTICE
Maredyth and Fischer may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Web Site.
TRADEMARK INFORMATION
The Maredyth and Fischer logo, Maredyth and Fischer, trademarks and service marks and other Maredyth and Fischer logos and product and service names are trademarks of Maredyth and Fischer. Without Maredyth and Fischer prior permission, you agree not to display or use in any manner, the Maredyth and Fischer Marks.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Maredyth and Fischer respects the intellectual property of others, and we ask our users to do the same. Maredyth and Fischer may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. 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:
Maredyth and Fischer Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: 1430 Alhambra Blvd. Suite 100 Sacramento, CA 95816
By phone: (916) 452-5500
By email: webmaster@california-legal.com
GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Maredyth and Fischer and governs your use of the Web Site, superseding any prior agreements between you and Maredyth and Fischer with respect to the Web Site. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Maredyth and Fischer services, affiliate services, third-party content, or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and Maredyth and Fischer shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Maredyth and Fischer agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Sacramento, California.
Waiver and Severability of Terms. The failure of Maredyth and Fischer to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Maredyth and Fischer account is non-transferable and any rights to your Maredyth and Fischer I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.