Terms of Service
By using our website, services, and all content in any way related thereto, specifically including informational posts, forms, downloads, forms, samples, templates, and/or other content, or any other type of content available online (collectively “Site”), you (including your agents, representatives, employers, affiliated entities, managers, members, directors, officers, attorneys, insurers, successors, assigns, and subrogees) (collectively, “You” or “Your”) agree to the following terms and conditions. Should You disagree with any of the terms and conditions presented here, please discontinue use of this website. Axis Legal Counsel Professional Corporation (“Axis”) is registered and licensed to practice law in the State of California.
Statement in Compliance with the California Professional Code and Rules.
The Site is and/or contains communications about Axis’ availability for professional employment. The Site and all aspects and content comprising, arising out of, relating to, or otherwise involving the Site constitute attorney advertising.
Informational Purposes Only. The information available on the Site is offered for informational purposes only, and is not considered legal advice or any other kind of legal counsel. No part of the Site should be construed to apply to Your legal situation, or provide You with actual legal advice, on which You should rely on in any respect. We disclaim all liability to any person who relies on any of the content of the Website, in whole or in part.
No Attorney-Client Relationship. No attorney-client relationship is formed by Your use of the Site. Sending us an email, request for consultation, or downloading any of our forms, samples, templates and/or other content will not make You a client of this law firm. Until we have agreed to represent You in a written attorney-client agreement, nothing You send us will be confidential or privileged. Accordingly, please do not send us any confidential information by email except at the specific request of a lawyer of this firm. Unsolicited emails shall not be binding on this firm and shall not cause or impose any deadlines of any kind or nature.
Downloaded Products. In downloading any forms, templates, samples, or content of any kind or nature, whether for free or through payment through, on, or via the Site (“Downloaded Content”), You will similarly not be establishing any type of attorney-client relationship with Axis. Our forms are forms only – they are not intended to apply to Your unique legal matter, and are for informational purposes only. They should not be used without experienced legal advice who is evaluating Your legal needs and advising You as to the propriety of the Downloaded Content. By downloading and/or using any of the Downloaded Content from the Site, You assume all risks relating thereto, whether forseeable or not. You agree and acknowledge that no confidential and/or attorney-client relationship exists between You and us unless and until an attorney-client agreement is agreed to and signed by both of us. In requesting any Downloaded Content, You will be authorizing the following:
- a) You agree to receive emails, communications, correspondence and/or solicitations, as well as informational materials, directed to the email address or other contact information You provide(d) to us, as well as to others who may be within and/or affiliated with Your organization from time to time;
- b) You agree to our display, use, reference, mention, promotion, and/or other advertisingof the logos, brand, trademark, trade name, and/or identity of the entity, organization, and/or business associated with, affiliated with, and/or operating the domain and/or URL from which You requested such Downloaded Content.
Offers for Representation and Investigations of Potential Claims, Lawsuits, or Class Actions. During the course of visiting this site, You may read, review, or be presented with offers for representation and written solicitations for legal representation. These communications are not directed at you personally but are displayed to the public at large. In the event you participate in our investigations of potential claims, lawsuits, arbitrations, or other legal proceedings, whether on an individual or class action basis, You acknowledge and agree that all of the communications, solicitations, and offers for representation are of an informational nature only, do not constitute attorney-client advice, and that no attorney-client relationship will form until a written representation agreement signed by you and us. In the event that you provide your name, telephone, email, or contact information to us for purposes of receiving information relating to a legal investigation or participating in that proceeding, you authorize Axis to send you email, written, or other types of communications (whether written, oral, etc.) and communicate with you concerning the applicable investigation, and further authorize Axis to share information that You have provided to Axis to the attorneys and/or law firms that we work or collaborate with so as to be able to conduct an investigation of your potential legal claims. YOU MAY OPT OUT OF EMAIL COMMUNICATIONS THAT WE SEND YOU AT ANY TIME FOR ANY REASON.
Copyright Information. Axis is the owner and authorized user of all intellectual property on the Site. Axis does not grant to any visitor any license or authorization to use, copy, reproduce, or distribute any of its intellectual property. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other website, transfer, or sell any content appearing on the Site. Furthermore, You may not attempt to view, disclose, copy, reverse engineer, disassemble, decompile or otherwise examine the Site source code nor any other content of any kind or nature on the Site, including Downloaded Content.
Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (I) THIS SITE AND ALL OF THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE, INCLUDING ALL DOWNLOADED CONTENT, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND; AND (II) AXIS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THIS SITE AND THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO THE DOWNLOADED CONTENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF THIS SITE; (D) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; AND (E) THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
Limitations of Liability. AXIS IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY OF THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE, INCLUDING ALL DOWNLOADED CONTENT. UNDER NO CIRCUMSTANCES, SHALL AXIS NOR ITS EMPLOYEES, AGENTS, VENDORS, LICENSORS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING, IN CONNECTION WITH ANY CONTENT, PRODUCTS OR SERVICES RELATED TO OR PROVIDED THROUGH THIS SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF AXIS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF AXIS (AND ANY OTHER PERSON OR ENTITY WHOSE LIABILITY WOULD OTHERWISE HAVE BEEN LIMITED) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED $10.00.
Links. You may link to our home page, provided You do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to this Site from any website that is not owned by You.
This Site must not be framed on any other site, nor may You create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which You are linking must comply in all respects with the content standards set out in these Terms of Use.
Links in Website. This Site may contain links to websites operated by third parties. We do not control these sites and do not endorse or assume any responsibility or liability for the information, products and services provided through these sites. Before You use any site operated by a third party, You should review the applicable terms of use and policies. If You access a third-party site through this Site, You do so at Your own risk.
Waiver. Our failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein or by law shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed by an authorized representative of Axis. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of these Terms of Use or of any right provided for herein or by law shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.
Severability. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms shall remain in full force and effect.
Governing Law, Jurisdiction and Venue; Arbitration; Waiver of Jury Trial. These Terms of Use shall be governed under the laws of the State of California without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms shall be venued exclusively in in California, county of Los Angeles. You agree that all disputes in any way concerning or relating to Your use of the Site and/or our services shall be resolved through binding arbitration through Judicial and Mediation Services, Inc. and that in doing so, You specifically waive Your ability to join or bring Your claim as part of a class action or mass action of any kind, including Your right to a jury trial. In any such proceeding, disputes shall be governed by California law. The California Rules of Civil Procedure, Rules of Court, and Rules of Evidence shall all apply.
Release. In connection with Your use of the Site, Downloaded Content, and/or any information, records, substance, content, and/or in any way relating to our services, You release, remise, and forever discharge Axis Legal Counsel, as well as our owners, directors, agents, representatives, assigns, employees, insurers, managers, officers, successors, heirs, spouses, and descendants, indefinitely them, and each and every one of them from any and all claims, demands, contracts, losses, damages, actions, causes of action, suits, debts, promises, liabilities, obligations, costs, expenses, attorneys’ fees, indemnities or duties, whether known or unknown, whether disclosed or undisclosed, whether direct or indirect, fixed or contingent, accrued or not yet accrued, matured or not yet matured, anticipated or unanticipated of any kind whatsoever. In making this Agreement, You acknowledge review of California Civil Code Section 1542 which provides as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her, must have materially affected his settlement with the debtor.”
Being aware of said code section, You expressly waive all rights Youmay have thereunder, as well as under any other statute or common law principles of similar effect insofar as those rights pertain to the matters released herein.
Personal Jurisdiction. Nothing in these Terms, nor any action, omission, or any other fact of any kind or nature, by or involving us, or by or involving You, shall confer the personal jurisdiction of any court of any state over us, other than in the State of California. In the event any action or proceeding ensues between You and us arising out of, relating to, and/or in connection with these Terms, the Site, the Downloaded Content, and/or any of our services, You agree to forbear against and waive all rights to bring or litigate any such legal proceedings in any state or county other than in the State of California, County of Los Angeles, and agree and acknowledge that any such action or proceeding shall be subject to dismissal, if brought in any state or county other than in the State of California, County of Los Angeles. By using the Site, Downloaded Content, or our services, in any respect, You consent to the personal jurisdiction of the State of California. In the event a proceeding occurs between us, You waive all defenses and arguments asserting or attempting to assert lack of personal jurisdiction over You by the State of California.
Prevailing Party. In the event we need to bring an action or legal proceeding to enforce any of these Terms, we shall be entitled to our attorneys’ fees and costs.