LEGAL UPDATES PUBLISHING COMPANY
TERMS OF USE
APRIL 2022
1. Disclaimer. Under no circumstances is an attorney-client relationship established from your use of the California Legal Updates, the legalupdates.com website, any associated link, and/or from any direct communication with Robert Phillips or any other authors, editors or writers associated with Legal Updates Publishing Company. While your privacy will be respected whenever possible, communications between you and Robert Phillips or any other party associated with Legal Updates, including but not limited to other authors, contributors, editors or writers (“Other Parties”), are neither privileged nor confidential, either constitutionally or statutorily, and may be revealed to third persons when and if necessary. Further, advice or information received from Robert Phillips or Other Parties, is a matter of opinion and does not relieve you, the recipient, of conducting your own research before using such information including, but not limited to, in written court documents or in court proceedings. Any information contained on this website should not be relied upon to base your actions, decisions or legal analysis. Robert Phillips and Other Parties do not provide legal advice or opinions to private persons who are or may be a party to a criminal or civil lawsuit, or to any other private person seeking legal advice. Individual and specific legal opinions may be provided to law enforcement officers, attorneys (or their paralegals or interns), judges, instructors, and/or students of the law when necessary to further the person’s professional or educational position. Legal Updates is not associated with any specific prosecutorial or law enforcement agency. Use of any information published on this website is solely at your own risk. You agree to hold harmless Legal Updates for any claims that may be brought against Legal Updates, is principals, or any other party associated with Legal Updates which relate to any content published on this website.
2. Parties. The parties to these Terms of Use are you, and the owner of Legal Updates (www.legalupdates.com and all sub-domain names), Parent Company of Legal Updates Publishing Company and all representatives, authors or affiliates thereof. All references to "we", "us", "our", this "website" or this "site" shall be construed to mean this website; Legal Updates Publishing Company and all representatives, authors or affiliates thereof.
3. Modification. We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on this website's home page. You should scroll to the bottom of this page periodically to review material modifications and their effective dates. YOUR CONTINUED USE OF THIS WEBSITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS WEBSITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.
4. Use And Restrictions. Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this website, but only for your own internal purposes. You agree not to access (or attempt to access) this website by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this website through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this website. You are not authorized to (i) copy, reproduce, resell, sublicense, transfer, assign, or distribute the website, its services or content; (ii) copy, reproduce, modify or make derivative works based on the website, its services or content; or (iii) "frame" or "mirror" the website, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.
5. Electronic Communications. Visiting www.legalupdates.com & Legal Updates Publishing Company or sending emails to "LUPC" constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the website, satisfy any legal requirement that such communications be in writing.
6. Your Account. If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that "LUPC" is not responsible for third party access to your account that results from theft or misappropriation of your account. "LUPC" and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
7. Cancellation/Refund Policy. You may cancel your subscription at any time. Any cancellations made after 30 days will not qualify for a refund. Please contact us at info@legalupdates.com with any questions or concerns
8. No Unlawful or Prohibited Use/Intellectual Property. You are granted a non-exclusive, non-transferable, revocable license to access and use www.legalupdates.com strictly in accordance with these terms of use. As a condition of your use of the website, you warrant to "LUPC" that you will not use the website for any purpose that is unlawful or prohibited by these Terms. You may not use the website in any manner which could damage, disable, overburden, or impair the website or interfere with any other party's use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website. The material provided on this website is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this website is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
9. Property of LUPC. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the website, is the property of "LUPC" or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
10. No Modifications. You will not copy, reproduce, modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the website. "LUPC" content is not for resale. Your use of the website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of "LUPC" and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of "LUPC" or our licensors except as expressly authorized by these terms.
11. DMCA Notice. This website is an Internet "service provider" under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). As Required by the DMCA, this website maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this website. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
Legal Updates Publishing Company
1968 S. Coast Highway,
Laguna Beach, CA 92651
info@legalupdates.com
Telephone (877) 266-4003
12. Contact. You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
13. Copyright Infringement. In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
14. Communication Services. The website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
15. No Harrassment. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
16. How We Treat Postings To This Website. We will not treat information that you post to areas of this website that are viewable by others (for example, to a blog, forum or chat-room) as proprietary, private, or confidential. We have no obligation to monitor posts to this website or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws.
17. Defamation; Communications Decency Act Notice. This website is a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this website by third parties is limited as described therein. We are not responsible for content or any other information posted to this website by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
18. Monitoring. We reserve the right, but not the obligation, to monitor your access and use of this website without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible though the Privacy Policy link on this website’s home page.
19. Removal. ”LUPC" has no obligation to monitor the Communication Services. However, "LUPC" reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. "LUPC" reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
20. "LUPC" reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in "LUPC"'s sole discretion.
21. Personal Information. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. "LUPC" does not control or endorse the content, messages or information found in any Communication Service and, therefore, "LUPC" specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized "LUPC" spokespersons, and their views do not necessarily reflect those of "LUPC".
22. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
23. Materials Provided By You. "LUPC" does not claim ownership of the materials you provide to www.legalupdates.com & Legal Updates Publishing Company (including feedback and suggestions) or post, upload, input or submit to any "LUPC" website or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting "LUPC", our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
24. No Compensation. No compensation will be paid with respect to the use of your Submission, as provided herein. "LUPC" is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in "LUPC"'s sole discretion.
25. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
26. Third Party Accounts. You will be able to connect your "LUPC" account to third party accounts. By connecting your "LUPC" account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party websites). If you do not want information about you to be shared in this manner, do not use this feature.
27. International Users. The Service is controlled, operated and administered by "LUPC" from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the "LUPC" Content accessed through www.legalupdates.com & Legal Updates Publishing Company in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
28. Indemnification. You agree to indemnify, defend and hold harmless "LUPC", its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. "LUPC" reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with "LUPC" in asserting any available defenses.
29. Arbitration. In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms of Use, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms of Use, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms of Use or any disputes arising as a result of these Terms of Use, whether directly or indirectly, including Tort claims that are a result of these Terms of Use. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms of Use.
30. Class Acton Waiver. Any arbitration under these Terms of Use will take place on an individual basis. Class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and "LUPC" agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
31. Liability Disclaimer. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LEGAL UPDATES PUBLISHING COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.
32. LEGAL UPDATES PUBLISHING COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. LEGAL UPDATES PUBLISHING COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEGAL UPDATES PUBLISHING COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LEGAL UPDATES PUBLISHING COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
33. Jurisdiction And Venue. The courts of Sonoma County in the State of California, USA and the nearest U.S. District Court shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.
34. Controlling Law. This Agreement shall be construed under the laws of the State of California, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
35. Onward Transfer of Personal Information Outside Your Country of Residence. Any personal information which we may collect on this website may be stored and processed in our servers located in the United States or in any other country in which we, or our affiliates, subsidiaries, or agents maintain facilities. You consent to any such transfer of personal information outside your country of residence to any such location.
36. Severability. If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
37. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
38. Privacy. Please review this website's Privacy Policy which also governs your visit to this website. Our Privacy Policy is accessible on our website's home page.
39. Termination/Access Restriction. "LUPC" reserves the right, in its sole discretion, to terminate your access to the website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the website. Use of the website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
40. Independent Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and "LUPC" as a result of this agreement or use of the website. "LUPC"'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of "LUPC"'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the website or information provided to or gathered by "LUPC" with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
41. Separate Agreements. You may acquire products, services and/or content from this website. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.
42. Links to This Website. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this website provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this website or other proprietary graphic image in the link without our prior written consent.
43. Links to Third Party Websites. We do not review or control third party websites that link to or from this website, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third party website is on your own initiative and at your own risk, and may be subject to the other websites’ terms of use and privacy policy.
44. Participation In Promotions of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this website. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
45. Consumer Rights Information; California Civil Code Section 1789.3. If this website charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this website. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:
Legal Updates Publishing Company
1968 S. Coast Highway,
Laguna Beach, CA 92651
info@legalupdates.com
Telephone (877) 266-4003
You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
46. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
47. Entire Agreement. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and "LUPC" with respect to the website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and "LUPC" with respect to the website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
48. Changes. Changes to Terms: "LUPC" reserves the right, in its sole discretion, to change the Terms of Use under which www.legalupdates.com & Legal Updates Publishing Company is offered. The most current version of the Terms will supersede all previous versions. "LUPC" encourages you to periodically review the Terms of Use to stay informed of our updates.
Contact Us
"LUPC" welcomes your questions or comments regarding the Terms:
Legal Updates Publishing Company
1968 S. Coast Highway,
Laguna Beach, CA 92651
Email Address: info@legalupdates.com
Telephone number: (877) 266-4003
EFFECTIVE AS OF APRIL 29, 2022
ALL RIGHTS RESERVED © COPYRIGHT PROTECTED | LEGALUPDATES.COM® U.S.R. 6,260.924
