Disclaimers:

This website is for general informational purposes only. It does not and is not intended to offer legal advice. Nothing on the site creates or is intended to create an attorney-client relationship. Sending an email to any attorney of Independent Employment Counsel, LLP (IEC) will not and is not intended to create an attorney-client relationship.

Although not intended to be advertising, the site might be considered advertising. The attorneys responsible for the site are Cynthia E. Maxwell and Gary P. Scholick. Ms. Maxwell and Mr. Scholick are licensed to practice law in California. IECís attorneys do not seek to practice law in states, territories or foreign countries where they are not permitted or properly authorized to do so. IECís attorneys do not seek to represent anyone desiring representation based upon viewing the Site in a state, territory or foreign country where the Site fails to comply with applicable laws and ethical rules. In addition, this site is void, is intended to have no effect, has no effect, and should not be reviewed in any jurisdiction where this site is prohibited by law.

Copyright Notice:
All copyrightable text and graphics, the original selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of this web site are ©2008 Independent Employment Counsel, LLP. All rights reserved.

Privacy Statement:
IEC does not collect personal information through the Site. Unsolicited e-mails and information sent to IEC do not create an attorney-client relationship with IEC, will not be considered confidential, and may be disclosed to others. Nevertheless, IEC may collect non-personally identifiable information about you in connection with your use of the Site such as your Internet Protocol (IP) address, your browser software, the duration of your visit to the Site, and the domain of the site from which you arrived at the Site. In addition, IEC may use cookies and tracking technologies to allow IEC to track the actions of users of the Site. IEC may also aggregate such information about you with similar data collected from other users of the Site. IEC uses such information to help diagnose server problems and administer the Site. IEC does not use such data to create or maintain a personal profile about you.

Terms of Use:
IEC provides this website (Site) subject to your compliance with the terms and conditions set forth in these Terms of Use (Terms). By using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Site. IEC may at any time, in its sole discretion, revise or otherwise update these Terms by posting amended Terms on the Site and any changes will be effective immediately upon posting. Your use of the Site following the posting of updated Terms constitutes acceptance of those terms.

Limitation of Liability and Disclaimer of Warranties:
THE SITE AND THE MATERIALS ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. IEC DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, WARRANTIES THAT MIGHT ARISE FROM YOUR USE OR RELIANCE ON THE SITE AND THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. IEC WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR MATERIALS, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTORY OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF IEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY OF ITS ESSENTIAL PURPOSE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE MATERIALS IS TO STOP USING THE SITE OR THE MATERIALS. TO THE EXTENT THAT IEC MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF IECĒS LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity:
You agree to defend, indemnify and hold harmless IEC, and each of its respective partners, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys fees) arising out of: (a) your activities in connection with the Site; (b) any violation of these Terms by you; (c) any improper or unauthorized use of the Materials by you; and (d) any allegation that anything you transmit through or in connection with the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.

Governing Law and Venue:
These Terms shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Site or Materials shall be brought exclusively in the Federal or State courts located in San Francisco County, California, and you hereby unconditionally and irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.

Miscellaneous:
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of IEC and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect.. The failure of IEC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. Neither the course of conduct between you and IEC, nor trade practice, shall act to modify any provision of these Terms. These Terms are not assignable, transferable or sublicensable by you. These Terms comprise the entire and exclusive agreement between you and IEC with respect to your use of the Site and Materials.

 

These Terms were last updated in April 2008.