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Nossaman LLP

LEGAL NOTICES, TERMS AND CONDITIONS OF USE

Effective Date:  July 11, 2018

Thank you for visiting nossaman.com (“Website”).  Nossaman LLP (“Nossaman,” We,” “Us,” or “Our”) operates the Website.

Use of the Website, its content and services, including, but not limited to, the provision of information, documents, commentary, photographs, any user requested e-mail notifications or newsletters, and links to third party websites (collectively, the “Services”) is governed by the Legal Notices, Terms and Conditions of Use stated herein and the Privacy Policy which is incorporated by reference herein (collectively, the “Terms”), and is based on Your adherence to and acceptance of such Terms.  Any user of the Website and/or Services, including any and all visitors to the Website (collectively, “You”/”Your”), agree to be bound by these Terms by Your use of the Website and/or Services.  Please read these Terms carefully before using the Website or the Services.  You expressly acknowledge that You have been advised of these Terms upon entering the Website and have had access to the same.  If You do not agree to these Terms, then You are not authorized to continue use of the Website or the Services.

YOU AGREE THAT BY USING THE SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

PERMITTED USE

The rights granted to You under these Terms are limited to accessing, displaying and viewing the Website, its content and the Services.  The Website, its content and the Services are available as a resource for Your personal, non-commercial use, and may not be used as a part of any advertisement, promotion or other commercial endeavor.  You shall not disrupt, change, tamper, dismantle, augment, misrepresent, modify, reproduce, disseminate, or frame any of the content contained on the Website, or received via the use of the Services.  You shall not use the Website and/or Services in any way that causes detriment to Nossaman, is derogatory to Nossaman or brings Nossaman into disrepute.  You shall not hack into the Website or Nossaman systems, or harvest or collect any identifiable information about site visitors or users or about Nossaman or its personnel. You agree that access to and use of the Website, its content and the Services are subject to these Terms, prohibiting unauthorized redistribution and publication as well as protecting Nossaman’s Intellectual Property rights (as defined below).  You acknowledge Nossaman as the owner of the Website and the provider of the Services.  You further acknowledge Nossaman as the owner of the content on the Website, and in no event shall You claim ownership for yourself or for anyone else other than Nossaman of the content received via Your use of the Website and/or Services.  You shall not represent Yourself as Nossaman, or as an agent or partner of Nossaman, or make any representations, warranties or guarantees to third parties with respect to the Website, its content or the Services.  You agree to comply with all applicable laws and regulatory requirements in relation to Your receipt and use of the Website, its content and the Services.  You shall not have any rights to assign, transfer or convey Your rights and obligations under these Terms to any third party.  

NO LEGAL ADVICE

This website provides general information about Nossaman, its people, its interests, and to some extent about the general law. It is not intended to constitute specific legal advice, and it is not a substitute for advice from counsel. If You have a legal problem, You should not rely on the information in this website, which is general in nature and is not intended to apply to particular facts and circumstances. Nossaman attorneys are licensed in the jurisdictions in which they practice, but may not be licensed in Your State. The information on this website is general in nature and may not pertain to Your specific circumstances. Therefore, it is important that You should not use this website as a source of legal advice. You are not authorized to rely on the website for that purpose.

Different lawyers (including different Nossaman lawyers) may have different opinions on various subjects of legal concern. Nothing in this website is intended or designed to constitute an opinion of the Nossaman law firm on any legal matter or question.

NO ADVERTISING OR SOLICITATION

This website is not intended to be an advertisement or solicitation, but may be deemed an ADVERTISEMENT under the rules of certain jurisdictions. To the extent the Bar Rules in your jurisdiction require us to designate a single attorney responsible for this site, we designate E. George Joseph, Managing Partner, gjoseph@nossaman.com.

WEBSITE GENERAL INFORMATION

The information found on this website is general in nature. It is intended to review some current trends in the law for Nossaman's friends and other interested parties. It is background material and will not necessarily be updated as the law or relevant circumstances may change. We do not claim that this material is current. It is not a complete analysis of tax considerations. Internal Revenue Service regulations provide that for tax planning and to avoid penalties, a taxpayer may rely only on formal written opinions of counsel which meet specific regulatory requirements. The information on this website is not designed to meet those requirements and does not meet them. Thus the information is not intended to be used, and taxpayers cannot use it, for the purpose of avoiding United States federal or other tax penalties or for the purpose of promoting, marketing or recommending any tax related matters.

INTELLECTUAL PROPERTY

All content accessible through the Website and the Services, including all logos, text, images, audio, video, diagrams and maps, as well as the collection, arrangement, assembly and presentation of the Website’s pages, with the exception of trademarks or logos of third parties, unless otherwise explicitly noted, is the sole and exclusive property of Nossaman and is protected by copyright laws.  You may not use Nossaman logo or any other content derived from the Website or from the Services without express written permission in advance from Nossaman.

The Nossaman logos and the designation NOSSAMAN (collectively, the “Nossaman Marks”) are, or contain, trademarks owned by Nossaman and may not be used without Nossaman’s express written permission.  The Nossaman Marks may not be used in connection with any product or service that is not Nossaman’s in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits Nossaman.  Other products, services or company names used on the Website may be trademarks of other owners.

You further acknowledge and agree that Nossaman, or its or content suppliers, own all right, title and interest in and to all intellectual property contained in and/or used through the Website and/or the Services, including without limitation, any and all patents, know-how, trademarks, service marks, copyrights, rights in passing off, database rights, rights in commercial or technical information, or any other rights in any invention, discovery or process, as well as any other intellectual property rights, whether registered or unregistered, and including applications for the grant of any such rights and all international rights or forms of protection having equivalent or similar effect in each case in the United States  (“Intellectual Property”).  You shall not acquire any right, title, or interest in or to the Website, the Services or any content contained and/or provided therein.  The following copyright notice must appear in any document which You copy, reprint, share or distribute from this website: "© 1952-2018 Nossaman LLP. All rights reserved." 

Further, You acknowledge and agree that any communication or material that You transmit to Us via the Website, the Services, electronic mail or otherwise, excluding personally identifiable data about Yourself, including, but not limited to, any data, questions, answers, comments, suggestions, or the like (“User Content”) will be treated as non-confidential and non-proprietary by Us.  By sending User Content to Us, You will grant Nossaman a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such User Content alone, or as part of other works in any form, media, or technology, whether now known of or hereafter invented, and to sublicense such rights to anyone else.  Further, absent an express agreement with Us, We will not be engaged in an attorney-client relationship or other confidential relationship with You.

To the extent permitted by law, You waive your droit “moral” rights (the right to be identified as the author or to object to derogatory treatment) in any User Content transmitted to Us via Your use of the Website, the Services, electronic mail or otherwise.

U.S. DIGITAL MILLENNIUM COPYRIGHT ACT

If You are the owner of a U.S. copyright, or a U.S. copyright owner’s agent, You may submit notification, pursuant to the Digital Millennium Copyright Act (“DMCA”), if You believe any content on the Website infringes upon Your copyrights. To provide adequate notice, You must submit to our Copyright Agent the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

  1. Identify the copyrighted work claimed to have been infringed;
  2. Identify the alleged infringing material requested to be removed, including information reasonably sufficient to have our Copyright Agent locate the material;
  3. Information reasonably sufficient to permit our Copyright Agent to contact You, such as a mailing address, e-mail address and telephone number;
  4. A statement indicating You have a good faith belief that the alleged infringing material is not authorized by the copyright owner;
  5. A statement, under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and that the information submitted in the notification is accurate; and
  6. A physical or electronic signature of the owner of an exclusive right that is allegedly infringed, or his or her authorized agent.

You may direct all copyright infringement notifications to our Copyright Agent, Thomas Dover of Nossaman LLP, at 777 South Figueroa Street, 34th Floor, Los Angeles, CA 90017; email: tdover@nossaman.com; fax: 213.612.7801 (our “Copyright Agent”).  Please submit only DMCA notices to the Copyright Agent.  All other feedback, comments, requests for technical support, or other communications should be directed to info@nossaman.com.  You acknowledge that if You fail to comply with all of the above DMCA requirements, Your DMCA notice may not be valid.

Counter-Notice:  If You believe Your content was inaccurately removed or disabled, due to Your claim of ownership over the alleged infringing material, or of authorization from the copyright owner or his or her agent, or, pursuant to the law, You believe You are allowed to post the material in the alleged infringing content, You may send a counter-notice containing the following information to the Copyright Agent, containing the following information:

  1. Identification of the material that has been removed or to which access has been disabled, and the location where the material appeared before it was removed or disabled;
  2. A statement that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; 
  3. Your name, address, e-mail address, telephone number, a statement that You consent to federal court jurisdiction in California, and a statement that You will accept service of process from the person who provided notification of the alleged infringement; and
  4. Your physical or electronic signature.

If a counter-notice is received by Our Copyright Agent, We may send a copy of the counter-notice to the original complaining party informing that individual that the removed material may be replaced on the Website, or We may disable it in 10 business days.  Unless the complaining party copyright owner files an action seeking a court order against the allegedly infringing content provider, the removed content may be replaced, or access restored, within 10 to 14 business days or more, following receipt of the counter-notice.

LINKS TO OTHER WEBSITES

Some links on the Website take you to other, non-Nossaman websites and/or provide access to financial transactions for payment of monies.  These other websites may not be under the control of Nossaman, and We are not responsible for their content, action or re-direction.  We are providing these links as a convenience to You, and in doing so do not imply support or endorsement of any kind.

WARRANTY AND DISCLAIMER

Although We make every effort to ensure the information presented on the Website and through the use of the Services is truthful and accurate, the Website and the Services are provided on an “as is” and “with all faults” basis.  Nossaman makes no representations or warranties of any kind, express or implied, as to the operation, content, accuracy, sufficiency or completeness of the Website, its content, the Services, or any other website to which the Website provides a link.  To the fullest extent permitted by law, Nossaman disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, which are hereby expressly waived.

Nossaman, and/or Our employees, directors, officers, agents and assigns, will not be liable for any loss or damage of any kind arising from Your use of, or inability to use, the Website, its content, the Services or any other website, content or services to which the Website provides a link, including, but not limited to, direct, indirect, incidental, compensatory, punitive, special, consequential or exemplary damages, lost profits, lost sales or business, anticipated revenue, interest, expenses, investments or commitments in connection with any business, loss of goodwill, loss of use, or other similar claims arising from any causes whatsoever, irrespective of whether Nossaman had been informed of, knew of, or should have known of the likelihood of such damage, claims or loss.  This limitation applies to any and all causes of action, including, without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentation and other torts.  You agree to bear the entire risk as to quality, accuracy or performance of the Website, its content and the Services.

You further expressly agree to indemnify and hold Nossaman, and Our employees, directors, officers, agents, and assigns, harmless from and against any and all liability and expenses, including reasonable defense costs and legal fees, caused by Your use of the Website and/or the Services, or the dissemination and possession of any content You received through Your use of the Website and/or the Services.

TERMINATION

We shall have the right in Our sole discretion to terminate Your use of the Website and the Services if You are found to have used the Website and/or the Services in a manner inconsistent with these Terms.  In addition, We may change, suspend or discontinue all or any aspect of the Website or the Services, including their availability, at any time, and may suspend or terminate Your use of the Services at any time and for any reason.

PRIVACY

Nossaman’s Privacy Policy (the “Privacy Policy”) will apply to all personal information collected in connection with Your use of the Website or the Services.  Our Privacy Policy can be found and accessed on the home page of the Website or by clicking this link Privacy Policy

GOVERNING LAW

The Website and the Services are created, controlled and provided by Nossaman in the United States of America.  We are based in the State of California.  As such, the construction and performance of these Terms will be governed by the internal, substantive laws of the State of California without regard to its choice of law rules.  You and We each hereby irrevocably consent and submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles, California in any legal action, equitable suit or other proceeding arising out of or related to these Terms.  You and We further consent to personal jurisdiction of the courts mentioned above over each of You and Us, respectively, which may be effected by service of process sent by registered or certified mail addressed to such party at (in the case of Nossaman) the address set forth in these Terms, and (in the case of You) at any address you may have provided on the Website.  You and We each hereby irrevocably waive any right You or We may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this section, and You and We hereby irrevocably waive and agree not to plead or claim in any such proceeding, that such action or proceeding brought in accordance with this section has been brought in an inconvenient forum. 

ATTORNEY IDENTIFICATIONS

The attorneys listed on this website are licensed only in the jurisdictions noted on their individual biographies posted herein. No attorney is certified by any jurisdiction as a Certified Specialist in any area of law unless the attorney is expressly so listed in his or her biographical site. Prior results do not guarantee a similar outcome.

These materials have been prepared by Nossaman LLP for informational purposes only and are not legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. You should not act upon this information without seeking professional counsel. Do not send us information until you have spoken with one of our attorneys and obtained authorization to send that information to us.

TEXAS RULES OF PROFESSIONAL CONDUCT

Unless otherwise indicated in individual lawyer biographies, lawyers resident in the firm's various offices are not certified by the Texas Board of Legal Specialization.

MISCELLANEOUS

Failure by Nossaman to insist upon strict performance of any part of these Terms, or delay in or failure to exercise any rights or remedies to which We are entitled, shall not constitute a waiver of such right or remedies, nor shall any amendment or the termination of these Terms by Us operate as a waiver of any of its terms.  Any express waiver of any breach of these Terms by Us does not constitute a waiver of any subsequent breach of these Terms.  Waivers shall only be valid if recorded in writing and signed by the waiving party.

If any provision of these Terms is held to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed from these Terms and the remaining provisions shall continue in full force and effect as if these Terms had been posted without the invalid, illegal or unenforceable provision.

The provisions of the Warranty and Disclaimer section above, including, without limitation, all provisions pertaining to liability and indemnity, as well as any other paragraphs that are necessary to give effect to that section, shall survive any amendment or the termination of these Terms.  We reserve the right to make changes to the Website and/or to the Services, including these Terms, at any time.

INTEGRATION & MODIFICATION

These Terms, and all documents referred to herein, including the Privacy Policy, constitute all the terms and conditions applicable to Your access to and use of the Website and the Services and govern Your use of the Website and the Services, superseding any prior terms, conditions, understandings or agreements regarding the subject matter hereof.  Nossaman may revise, amend, or modify these Terms from time to time. Notice of any revision, amendment, or modification will be posted on the Website. These Terms may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of Nossaman. By continuing to use the Website after the amendments are effective, you accept and agree to abide by them.

COMPANY INFORMATION

NOSSAMAN LLP
E. George Joseph, Managing Partner
777 S. Figueroa Street, 34th Floor, Los Angeles, CA  90017
213.612.7800 Phone
213.612.7801 Fax
info@nossaman.com

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