TERMS OF USE

THIS AGREEMENT

PLEASE REVIEW THESE TERMS OF USE BEFORE USING THE WEBSITE. This is a legal agreement (the “Agreement”) between you (“You” or “Your”) and Lesowitz Gebelin LLP (“Lesowitz Gebelin”) regarding Your use of Lesowitz Gebelin’s website and related non-legal services (collectively, the “Website”).

By using the Website, You represent and warrant that You have read and understood, and agree to be bound by, the Agreement and Lesowitz Gebelin’s Privacy Policy (the “Privacy Policy”). By using the Website, You further represent and warrant that You are 18 years old or older, and that You are otherwise legally qualified to enter into contracts under applicable law. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, OR ARE NOT LEGALLY QUALIFIED TO ENTER INTO CONTRACTS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.

CHANGES

Lesowitz Gebelin may, at any time and without further notice, revise this Agreement or the Privacy Policy by posting an amended version on the Website. Any changes will be effective immediately upon posting. It is Your responsibility to review this Agreement and the Privacy Policy periodically. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE. Unless Lesowitz Gebelin obtains Your express consent, any revised Privacy Policy will apply only to information collected by Lesowitz Gebelin after such time as the revised Privacy Policy takes effect. Lesowitz Gebelin also may, at any time and without notice, modify or discontinue the Website. You agree that Lesowitz Gebelin shall have no obligation of any sort in connection with any modification or discontinuance of the Website.

INFORMATIONAL PURPOSES ONLY

Lesowitz Gebelin hereby grants You a nonexclusive license to download and display the Website, and to reproduce the content located thereon, in each case solely for Your personal, non-commercial use. Lesowitz Gebelin provides the Website for informational purposes only. THE WEBSITE DOES NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, LEGAL ADVICE OR OPINION.

NO ATTORNEY-CLIENT RELATIONSHIP

YOUR USE OF THE WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND LESOWITZ GEBELIN SIMILARLY, THE TRANSMISSION OF INFORMATION TO AND FROM LESOWITZ GEBELIN BY MEANS OF THE WEBSITE IS NOT AN ATTORNEY-CLIENT COMMUNICATION. If You would like Lesowitz Gebelin to represent You, You should complete our online case submission form. If the matter in connection with which You seek representation involves other parties, be sure to list each and every one of them on the online case submission form. If Lesowitz Gebelin agrees to represent You, it will inform You by email or telephone, and will provide an engagement agreement setting forth the basis of the representation. Unless and until You have executed and returned that engagement agreement, and Lesowitz Gebelin has confirmed its receipt, no attorney-client relationship exists.

Unless an attorney-client relationship exists between You and Lesowitz Gebelin, You shall not represent to any third party, either directly or by implication, that You are represented by Lesowitz Gebelin, or that Lesowitz Gebelin is in any way involved in Your matter. Without limiting the foregoing, unless an attorney-client relationship exists between You and Lesowitz Gebelin, You shall not copy Lesowitz Gebelin, or any attorney or employee of Lesowitz Gebelin, on any emails or letters in a manner that could reasonably be interpreted by any third party to mean that You are represented by Lesowitz Gebelin.

NO ATTORNEY-CLIENT PRIVILEGE

BECAUSE YOU ARE NOT A CLIENT OF LESOWITZ GEBELIN INFORMATION PROVIDED BY YOU TO LESOWITZ GEBELIN MAY NOT BE PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE. It is possible that Lesowitz Gebelin already represents, or in the future may represent, a party whose interests are adverse to Yours. In that case, Lesowitz Gebelin may not be able to treat information received from You as privileged.

COMMUNICATIONS MADE TO THIRD PARTIES BY MEANS OF THE WEBSITE; SHARE THIS PAGE FEATURE

You acknowledge that any communications sent by You to third parties by means of the Website (e.g. through a “share this page” or “tell-a-friend” form), whether by email or otherwise, are not private, and such communications may be read by third parties with or without Your knowledge. Further, You agree that the content of any communications that You send to third parties by means of the Website shall be non-confidential and non-proprietary. Lesowitz Gebelin reserves the right to use such communication for any purpose.

PROHIBITED USES

You represent and warrant that You will not use the Website to:
a. Upload or transmit content that violates the privacy, intellectual property, or other proprietary rights of any third party;
b. Transmit viruses, Trojan horses, worms, malicious code, or other harmful or destructive content;
c. Violate this Agreement, the Privacy Policy, or any applicable law or regulation, including without limitation laws designed to regulate unsolicited email or other electronic advertising;
d. Harm the goodwill or standing of Lesowitz Gebelin or any of its clients, partners, employees, affiliates, agents, contractors, or representatives;
e. Attempt to probe, scan, test, or violate the security features of the Website or of any associated system or network, or to obtain unauthorized access to materials or other information stored thereon;
f. Attempt to interfere with the use of the Website by any other user.

Lesowitz Gebelin reserves the right to cooperate fully in any investigation by law enforcement officials of any violation of this Agreement.

THIRD-PARTY WEBSITES

The Website may contain links to websites operated by third parties (“Third-Party Websites”). Lesowitz Gebelin does not have control over Third-Party Websites, each of which may be governed by its own terms of service and privacy policy. Lesowitz Gebelin has not reviewed, and cannot review, Third-Party Websites, and therefore does not warrant or endorse any Third-Party Website or the content appearing thereon. By visiting or using Third-Party Websites, You assume all responsibility and liability for all resulting harms, whether to You or to any third party, including without limitation as resulting from Your downloading or use of any content, software or other materials available therefrom.

CONSENT TO RECEIVE EMAIL FROM LESOWITZ GEBELIN

By becoming a client of Lesowitz Gebelin, You consent to receive Lesowitz Gebelin’s periodic newsletter (the “Newsletter”), which Lesowitz Gebelin distributes by email to Your address on file with Lesowitz Gebelin. When You complete Lesowitz Gebelin’s online case submission form, You may also choose to be added to Lesowitz Gebelin’s newsletter emailing list. If You are not a client and would like to stop receiving Lesowitz Gebelin’s newsletter or other automated follow-up emails, You should click on the opt-out link contained in any of the email newsletters or other automated follow-up emails.

INTELLECTUAL PROPERTY

The content located on the Website, including without limitation this Agreement, is the copyrighted property of Lesowitz Gebelin or its licensors. Similarly, the Lesowitz Gebelin name, the LawByLG.com domain name, and all other names and logos used by Lesowitz Gebelin in connection with the offering of Lesowitz Gebelin’s goods and services are the trademarks and service marks, or registered trademarks, or registered service marks, of Lesowitz Gebelin or its licensors. Except as explicitly permitted, neither Your use of the Website nor this Agreement grants You any right, title or interest in or to Lesowitz Gebelin and Lesowitz Gebelin’s licensors’ copyrights, trademarks and service marks. Copyright © 2018 to the present, Lesowitz Gebelin LLP. ALL RIGHTS RESERVED.

If You believe that material located on or linked to by the Website infringes one or more of Your copyrights, please immediately notify Lesowitz Gebelin by means of a fax to 310-341-3070 or via email to contact@lawbylg.com. Your communication should include: a signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf; an identification of the copyright claimed to have been infringed; a description of the nature and location of the material that You claim to infringe Your copyright, in sufficient detail to permit Lesowitz Gebelin to find and positively identify that material; Your name, address, telephone number, and email address; and a statement by You (i) that You believe in good faith that the use of Your copyrighted material is not authorized by law, or by the copyright owner or such owner’s agent and, (ii) under penalty of perjury, that all of the information contained in Your notice is accurate, and that You are either the copyright owner or a person authorized to act on their behalf.

DISCLAIMER OF WARRANTIES

LESOWITZ GEBELIN DOES NOT ENDORSE, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES OR ON ANY THIRD-PARTY WEBSITES THAT MAY BE ACCESSED BY A LINK FROM THE SITES. YOU SHOULD NOT ACT UPON THE INFORMATION SET FORTH ON THE SITES WITHOUT FIRST SEEKING PROFESSIONAL COUNSEL. UNDER NO CIRCUMSTANCES WILL LESOWITZ GEBELIN BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES OR ON ANY THIRD-PARTY WEBSITE THAT MAY BE ACCESSED BY A LINK FROM THE SITES. 

YOU UNDERSTAND AND AGREE THAT THE SITES ARE PROVIDED TO YOU ON AN AS IS AND AS AVAILABLE BASIS. LESOWITZ GEBELIN DISCLAIMS IMPLIED WARRANTIES THAT THE SITES AND ALL SOFTWARE, CONTENT AND SERVICES, AND INFORMATION DISTRIBUTED THROUGH THE SITES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LESOWITZ GEBELIN OR A REPRESENTATIVE SHALL CREATE A WARRANTY.

LIMITATION OF LIABILITY

THE LIABILITY OF LESOWITZ GEBELIN IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LESOWITZ GEBELIN SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, REGARDLESS OF ANY ADVICE OR NOTICE GIVEN TO LESOWITZ GEBELIN, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE. ADDITIONALLY, THE MAXIMUM LIABILITY OF LESOWITZ GEBELIN UNDER ALL CIRCUMSTANCES WILL BE THE AMOUNT PAID BY YOU TO LESOWITZ GEBELIN IN CONSIDERATION OF YOUR USE OF THE WEBSITE OR $25, WHICHEVER IS LESS. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN LESOWITZ GEBELIN AND YOU. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

INDEMNITY

You agree to defend, indemnify, and hold harmless Lesowitz Gebelin and its partners, employees, affiliates, agents, contractors, and representatives (the “Lesowitz Gebelin Parties”) from and against all claims, losses, costs, damages, liabilities, and expenses (including without limitation attorneys’ fees) arising out of or relating to: (i) Your use of the Website; (ii) any violation by You of this Agreement; or (iii) Your submission to Lesowitz Gebelin by means of the Website of incomplete, inaccurate or untimely information or other data. The Lesowitz Gebelin Parties shall have the right, but not the obligation, to participate through counsel of their choice in any defense by You under this Section.

TERMINATION

In the event of a breach by You, this Agreement and all licenses granted thereunder shall automatically terminate, except that the following provisions will survive: 4-5, 9-12 and 15. Any termination of this Agreement terminates all of Your rights to use the Website, including Your license to the content located thereon. Without limiting any other provision of this Agreement, Lesowitz Gebelin reserves the right to, in its sole discretion and without notice or liability, deny use of the Website to any person for any reason or no reason at all.

COMMUNICATION CONCERNING AVAILABILITY OF PROFESSIONAL EMPLOYMENT

The Website and certain issues of the Newsletter are “communications” within the meaning of Rule 7.1 of the California Rules of Professional Conduct. Neither this Website nor the Newsletter is intended as, nor should they in any way be construed as, “Solicitations” as set forth within Rule 7.3.  If You believe that the Website violates any applicable ethical rule, whether in Your jurisdiction or elsewhere, You should immediately leave the Website, and should disregard all information and other materials available thereon.

CHOICE OF LAW; JURISDICTION AND VENUE

The Website is located and operated by Lesowitz Gebelin in Los Angeles, California. This Agreement shall be interpreted and enforced as though executed in Los Angeles, and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THE WEBSITE OR THIS AGREEMENT WILL BE THE STATE AND FEDERAL COURTS LOCATED IN LOS ANGELES, CALIFORNIA. YOU HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.

ENTIRE AGREEMENT; AMENDMENT

This Agreement constitutes the entire agreement between Lesowitz Gebelin and You concerning Your use of the Website. This Agreement may only be modified as stated in the “CHANGES” section above, or by amendment signed by an authorized representative of Lesowitz Gebelin.

SEVERABILITY; WAIVER

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

ASSIGNMENT

This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of Lesowitz Gebelin. Notwithstanding the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

RELATIONSHIP

Without limiting any other provision of this Agreement, this Agreement creates no agency, partnership, joint venture, or employee-employer relationship between You and Lesowitz Gebelin.