General Legal Notices
These materials have been prepared by Actium, LLP for informational purposes only and are in no way intended to be considered legal advice. The information contained within this website is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Internet subscribers and online readers should not act upon any information contained within this site without seeking professional counsel, whether legal or otherwise. Do not send us any confidential information until you speak with one of our lawyers and get authorization to send such information to us. You should always consult a lawyer for individual advice regarding your own situation. The unsolicited sending of any information, whether confidential or not, does not create an attorney-client relationship. Such relationship between yourself and Actium, LLP and/or any of its attorneys may only be created by entering into a specific written Retention of Counsel Agreement between Actium and you.
Members of Actium, LLP are licensed to practice law solely in the States of California, Texas, and New York, as the case may be. Actium, LLP makes no representation that materials found at our site are appropriate or available for use in any other locations. If you access our site from other locations, you are responsible for compliance with your own local laws. In no manner whatsoever is Actium attempting to provide or disseminate any legal advice outside of the States in which any of its attorneys are currently licensed.
Please note that within this website we may provide links to other sites that either demonstrate representative clients of the firm, or are for useful or informative purposes only. We have obtained permission to provide these links. These links do not constitute an endorsement, sponsorship or recommendation of any information, products or services from such providers, who are separate and distinct from the owner of this website.
This Website and Actium, LLP’s (“Actium”) services are offered to You (“You,” “Your,” or “Yourself”), conditioned on Your acceptance of the following terms, conditions, and notices contained in this agreement (the “Terms and Conditions” or “TOU”). The following TOU describe the terms and conditions applicable to Your access and use of ActiumLLP.com website (the “Website”), or any other website that Actium may make available from time to time (individually or collectively referred to as the “Website”). By using the Website, You are accepting and agreeing to the TOU. If You do not agree to the TOU, do not use the Website. We reserve the right to change the TOU at any time without notice; modifications will be included in the TOU. It is Your responsibility to check the TOU from time to time for modifications. Continued use of the Website after any modifications of the TOU will constitute acceptance of such modifications.
Effective Date: This TOU is updated as of January 2, 2017.
- Introduction to Actium. Actium, LLP, is a for-profit California Limited Liability Partnership that provides Legal services in the states in which its members are duly authorized to do so. Actium is not a, nor is Actium affiliated with any, local, state, or federal government program.
- Ownership. The Website, including without limitation, any information, software, photographs, images, video, audio, graphics, or text on the Website (“Actium Content”), and all patent, copyright, trademark, trade dress, domain name, trade secret, and other proprietary rights therein are the sole property of Actium and/or various third party owners. You agree to abide by all applicable intellectual property laws and any additional restrictions set forth on the Website in relation to Actium Content. The software, technology components and contents of the Website are copyrighted and/or subject to various intellectual property laws. All rights not expressly granted hereunder are reserved. You agree that as between the parties, Actium is the exclusive owner of the Website, software and all constituent parts, including without limitation, all software code, all photographs, videos and any other content on the Website, HTML scripts, the uniform resource locators (URL’s) for the Website, the organization and layout of the Website, all Actium trademarks, trade names, service marks, trade dress and logos, all enhancements and improvements thereto, and derivatives thereof, and all patent, copyright, trademark, trade secret, trade dress and other intellectual property rights therein throughout the world (collectively the “Actium Content”). Any goodwill attached to, or generated by, such Actium Content is owned exclusively by Actium, or its licensors, and shall inure solely to the benefit of Actium, or its licensors. Nothing contained herein or on the Website should be understood as granting You any right or license to any of Actium Content, except as expressly granted herein. All rights not expressly granted herein are reserved by Actium, or its licensors. Actium, or its licensors, retains full and complete title to Actium Content. You shall not: (i) use or copy Actium Content in any manner not specifically set forth herein; (ii) include Actium Content in Your corporate name, within a domain name or within any part of URL’s; (iii) obtain, use, register, or otherwise acquire any trade names, trademarks, service marks, and/or trade dress that are confusingly similar to Actium Content; (iv) have any claim of ownership in Actium Content; or (v) sell, redistribute, transfer, sublicense or reproduce Actium Content, nor may You decompile, reverse-engineer, disassemble, or otherwise convert any of Actium Content to a human-perceivable form. These Terms do not limit any rights that Actium may have under trade secret, copyright, patent, trademark or other laws. You acknowledge and agree that the Website contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in any advertisements or information that may have been presented to You through the Website or its advertisers, if any, may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
- Limited License; Permitted Uses. You are granted a limited, non-exclusive, non-transferable, non-assignable, revocable license, without any right to grant sublicenses (a) to access and use the Website strictly in accordance with this Agreement; (b) unless otherwise stated, to use the Website solely for internal, personal, non-commercial purposes; and (c) to print out discrete portions of Actium Content from the Website solely for internal, personal, non-commercial purposes, provided that You maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Website or its contents may be used by You in any litigation or arbitration matter whatsoever under any circumstances.
- Use of Website. By using the Website, You represent that You are at least 18 years old and are a resident of the United States. If You are under 18 or not a U.S. resident, do not use the Website. Actium does not intend to market any products or services to children and does not knowingly or intentionally collect personal information from children under the age of 13 through the Website. You may not store, modify, reproduce, transmit or distribute content from the Website without the prior written consent of Actium. Actium may change or restrict Your use of the Website and/or make changes to the products and services described on the Website at any time without notice. You also agree not to use the Website for any unlawful purpose or in any manner that could damage, disable, overburden or impair any server, or the network(s) connected to any server of Actium, its affiliates or service providers, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website or any services, other accounts, computer systems or networks connected to any server or to any of the services through hacking, password mining, or any other means. Certain third party owners may impose additional terms and conditions set forth elsewhere herein. Your use of Actium Content from those third-party owners is also subject to those terms and conditions. Any and all caching, hypertext linking to the Website or framing of any Actium Content is prohibited without Actium’s prior written consent. Actium reserves the right to disable any unauthorized links or frames.
- Information Contained on Website. The information contained on the Website is not intended as professional, business, investment, financial planning, wealth planning, estate planning, tax, and/or legal advice. While Actium strives to ensure accuracy of all information presented, Actium makes no warranties or representations related to the information contained on the Website and disclaims all liability for errors or omissions in the information presented. Actium does not recommend or endorse any specific company and does not provide advice on how to select or which products or services to buy. YOU ARE ADVISED TO SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC REPORT, OPINION, LAW, INFORMATION, OR OTHER MATERIAL CONTAINED WITHIN THE WEBSITE.
- Accuracy. Actium strives for the Website to be as accurate as possible. However, Actium does not represent or warrant that any information, descriptions, or other content on the Website are accurate, complete, reliable, current, or error-free. For example, information included on this Website may be unavailable or may have different attributes than those listed on this Website. Additionally, we may make changes in information without notice.
- Call Recording. You acknowledge and agree that Actium may monitor and/or record any telephone calls between You and Actium.
- Consent to Electronic Communications.For general users of the Website, You consent to receive communications from us electronically and agree that we may communicate with You by email, text message, sms message, or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing. Additionally, Your carrier’s standard messaging rates may apply to your communications with us via SMS or messages, our confirmation and all subsequent SMS correspondence and/or transmissions. All charges are billed by and payable to your mobile service provider.
- Notice Specific to Documents and Information Available on this Website. Actium may provide free information in the form of articles, blog posts, videos, general reports, checklists and other media formats. Permission to use information and/or documents (such as press releases, datasheets, content, informational items and FAQs) from Actium is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for Your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, (3) any such information or documents may not be relied on as legal advice and/or representation; and (4) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires advance express written permission of Actium. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of Actium Website or any other Actium owned, operated, licensed or controlled site. Elements of Actium’s Websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Actium Website may be copied or retransmitted unless expressly permitted by Actium.
- Disclaimer of Warranties. ACTIUM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE NARRATIVES, DOCUMENTS, AND/OR RELATED GRAPHICS PUBLISHED ON WWW.ACTIUMLLP.COM FOR ANY PURPOSE WHATSOEVER. ALL SUCH INFORMATION, DOCUMENTS, AND/OR RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ACTIUM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY, TITLE, AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON ACTIUM WEBSITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ACTIUM MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICE(S) DESCRIBED HEREIN AT ANY TIME. ACTIUM MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE OR WEBSITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY WEBSITE CONTENT YOU MAY OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. Actium and its respective affiliates, subsidiaries, and their respective officers, directors, managers, members, partners, shareholders, unitholders, employees, agents, attorneys, and any and all Internet servers and access provider(s) are not responsible for: any incorrect or inaccurate information; human error; technical malfunctions; failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to user’s or any other person’s computer relating to or resulting from any use of Services; inability to access websites; theft, tampering, destruction, or unauthorized access to, or alteration of any submission; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or human or other errors; and any user submissions which are late, lost, incomplete, misdirected, stolen, mutilated, or illegible, or any combination thereof.
- Limitation of Liability. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL ACTIUM OR ANY THIRD PARTY PROVIDER OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, PARTNERS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE, ACTIUM CONTENT, OR USER CONTENT, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY DECISION OR ACTION TAKEN IN RELIANCE UPON ANY ACTIUM CONTENT, ANY DELAYS, ERRORS, OMISSIONS OR INTERRUPTIONS IN DELIVERY, NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE WEBSITE CONTENT, OR FOR ANY TYPES OF DAMAGES OR LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Trademarks. The Website contains protected marks. Unauthorized use of trademarks, service marks or logos owned by Actium or any of its partners or affiliates is strictly prohibited and may also be a violation of federal and state trademark laws.
- Copyright. The Website is protected by U.S. copyright laws. Except as expressly provided under “Use of Website” section above, You may not use, reproduce, modify, transmit, distribute or publicly display any part of the Website or Actium Content without the prior written consent of Actium.
We respect the intellectual property of others, and we ask You to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that You claim has been infringed;
- A description of where the material that You claim is infringing is located on the Website;
- Your address, telephone number, and email address;
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Website can be reached by directing an e-mail to the Copyright Agent at firstname.lastname@example.org.
- Links to Third-Party Websites. The links in the Website will let You leave Actium ‘s Website. The linked sites are not under the control of Actium and Actium is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Actium is not responsible for webcasting or any other form of transmission received from any linked site. Actium is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Actium of the site.
- Security. Actium does not make warranties or representations regarding the security of any content. Data sent over the Internet may be intercepted by third parties; if You are concerned about the security of Your data, You should not send it over the Internet.
- Indemnification. YOU AGREE TO INDEMNIFY ACTIUM, AND ITS SUBSIDIARIES, OFFICERS, EMPLOYEES, PARTNERS, AGENTS, CO-BRANDERS, AND OTHER AFFILIATES AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE ACTIUM WEBSITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
- Exclusion of Consequential Damages. Further Limitation of Liability: IN NO EVENT SHALL ACTIUM OR ANY THIRD PARTY PROVIDER OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL DAMAGES OR ANY OTHER LOSS OR INJURY CAUSED IN WHOLE OR IN PART IN RELATION TO THE WEBSITE, THE SERVICES, OR ACTIUM CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THE “DISCLAIMER OF WARRANTIES” AND “DISCLAIMER OF LIABILITY” SECTIONS MAY NOT APPLY TO YOU. IN THOSE CIRCUMSTANCES, AS WELL AS ANY OTHER WHERE LIABILITY OCCURS, YOU ACKNOWLEDGE THAT THE ENTIRE LIABILITY OF ACTIUM UNDER THIS TOU, OR ANY MATTER RELATING TO THIS TOU, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION OR THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, OR WARRANTY) SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1000) AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
- General Provisions. You acknowledge and agree that Actium’s Website is provided to You on an “AS IS” basis without any warranty whatsoever, and Your sole and exclusive remedy, and Actium’s sole obligation to You or any third party for any claim arising out of Your use of Actium’s Website, is that You are free to discontinue Your use of Actium’s Website at any time. The Terms and Conditions will inure to the benefit of Actium’s successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Actium to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
- Governing Law: The TOU shall be governed in all respects by the laws of the State of California, USA, without reference to its choice of law rules. By accessing the Website You understand and agree that all transactions take place in Los Angeles County, California and agree that the Los Angeles County Courts have exclusive jurisdiction over any disputes with Actium arising from or related to Your use of the Website or any of the Actium Content on the Website. You irrevocably consent and submit to the exclusive personal jurisdiction of that court, and You irrevocably waive any jurisdictional, venue or inconvenient forum objections to such court.
- Statute of Limitations: Except for claims arising from Your misuse of the Website or Actium Content, You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Linking to the Website: You may not link to the Website prior to obtaining written permission from Actium, which may be withheld in Actium’s sole and absolute discretion.
- Information and Press Releases: The Website may contain information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in any press release or otherwise, should not be relied upon as being provided or endorsed by us.
- Interstate Nature Of Communications On Website: When you use Website, you acknowledge that in sending electronic communications, you will be causing communications to be sent through Actium’s computer networks. As a result, and also as a result of Actium’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to the TOU, you acknowledge that use of the Service results in interstate data transmissions.
- Special Admonitions For International Use: Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
- General Practices Regarding Use And Storage: You agree that Actium has no responsibility or liability for the deletion or failure to store any messages and other communications maintained or transmitted by or through the Website. You further acknowledge that Actium reserves the right to modify these general practices and limits from time to time.
- No Third Party Beneficiaries: You agree that, except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this agreement.
- Waiver: The failure of Actium to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
- Headings: The section and paragraph headings used in this TOU are inserted for convenience only and will not affect the meaning or interpretation of this TOU.
- Injunctive Relief: You hereby acknowledge that a breach of these Terms may cause irreparable harm and significant injury to Actium that may be difficult to ascertain, and that a remedy at law may be inadequate. Accordingly, you agree that Actium shall be entitled, without waiving any additional rights or remedies otherwise available to Actium at law or in equity and without the necessity of posting bond, surety, or any other instrument of financial security to seek injunctive and other equitable relief in the event of a breach or intended or threatened breach by you. Notwithstanding anything to the contrary, Actium shall be entitled to seek and obtain injunctive relief in any court of competent jurisdiction.
- Attorney Fees: In any litigation, arbitration or other proceeding by which one party either seeks to enforce its rights under these Terms (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under these Terms, in addition to any other relief to which the prevailing party may be entitled, the prevailing party will be entitled to recover its reasonable attorney fees, costs and expenses to resolve the dispute and to enforce the final judgment or award.
- Legal Equivalency: These Terms and any other electronic documents, policies and guidelines incorporated herein shall be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable against any party hereto as a signed writing; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Any electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding shall, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
- Contacting Actium: If you have Website questions, comments, or concerns, please email info@ActiumLLP.com. Please include detail of your questions, comments or concerns and your complete name and contact information.
These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
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