Terms of Use

Dated October 25, 2019

Thank you for visiting the website (“Website”) of Ervin Cohen & Jessup LLP (“ECJ”)(sometimes referred to as “we” and “our”). By visiting this Website and viewing its contents you acknowledge and agree that your use of this Website is subject to these terms of use (“Terms of Use”), and that we reserve the right to change these Terms of Use at any time or from time to time, effective immediately upon any updated Terms of Use being posted to this Website. If you do not agree with these Terms of Use, then you should not use this Website.

The Website presents general information about ECJ and is not intended as legal advice nor should you consider it as such. You should not act upon the information on this Website without seeking advice from a lawyer licensed in your own state or country. As used herein, “you” or “user” means anyone who accesses or uses the Website including individuals acting on behalf of any corporation, partnership or other entity with which you are associated.

The Website

These Terms of Use are effective as of the date first listed herein above and we will not be bound by any additional or different terms on other documents that are inconsistent with these terms. Your continued access to the Website or use of the Website following the posting of any additional or different terms and conditions constitutes your acceptance of those additional or different terms and conditions.  ECJ, in its sole discretion, may also add, delete or change some or all of the features of the Website at any time or from time to time. 

These Terms of Use govern your access and use of the Website and all content or services provided through the Website, except for content or services provided by third parties. Please read these Terms of Use carefully before using the Website. If you violate any of these Terms of Use (which include by reference ECJ’s Privacy Policy) or otherwise violate an agreement between you and ECJ, we may prohibit you from using or accessing the Website (or any portion, aspect or feature of the Website), at any time in our sole discretion, with or without notice.

Other Jurisdictions

Our offices are located in the State of California and our attorneys are licensed to practice law by the State Bar of California. We do not seek to, and are unwilling to, represent anyone in any jurisdiction where this Website does not comply or is any way inconsistent with the rules governing communication of legal services in a particular state.

The contents of this Website may constitute advertising under the applicable laws, regulations and ethical rules of some jurisdictions. If this Website fails to comply with the laws, regulations or ethical rules of the state from which you access or view this Website, ECJ does not wish to represent you under those circumstances. 

Unless otherwise noted, ECJ attorneys are not certified by the boards of legal specialization of any state.

No Legal Services or Attorney-Client Relationship

The materials available on this Website are intended for informational purposes only. The information provided on this Website does not constitute, and is not a substitute for, legal advice from qualified counsel. You must not and are not authorized to rely on this Website as a source of legal advice. Your use of this Website does not create any attorney-client relationship between you and ECJ. The opinions expressed on or through this Website are the opinions of the individual authors and may not necessarily reflect the opinions of ECJ or any individual attorney.

Communications

Please contact us if you are interested in potential legal representation. Please note, however, that the contents of any communication you send to us, electronically or by any other means, will not be considered confidential unless and until we have confirmed in writing to you our acceptance of an engagement to undertake the legal services you request and you have established an attorney-client relationship with us. The Website is not an invitation to form an attorney-client relationship. You should not transmit any confidential or private information to us until a formal attorney-client relationship has been established. ECJ does not agree to accept and/or maintain the secrecy of any unsolicited information you send to us unless an attorney-client relationship currently exists between us. ECJ cannot permit an attorney-client relationship to exist until we have obtained all necessary information and evaluated all relevant information concerning potential conflicts of interest. Even in the absence of a conflict of interest, ECJ, in its sole discretion, may decide not to enter into an attorney-client relationship with you.

User Conduct

You agree that you will not use the Website for any illegal purposes, and that you will not:

• attempt to gain unauthorized access to the Website or the network and servers associated with the Website;
• circumvent, or attempt to circumvent, security or access control technology used by the Website or the network and servers associated with the Website;
• collect or otherwise use contact information available on the Website for purposes of sending improper, unsolicited communications and that you will not use any ECJ communications facility to deliver, or attempt to deliver, improper, unsolicited communications;
• use the Website in any manner that would degrade the functioning or performance of the Website, including launching Denial-of-Service (DoS) attacks against the Website;
• use the Website in any manner that could damage, disable, overburden or impair the Website, or interfere with any other party's use and enjoyment of the Website;
• attempt to gain unauthorized access to the Website or the computer systems or networks for the Website through hacking, password mining or any other means;
• transmit any viruses, worms, defects, Trojan horses or any items of a destructive nature;
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• upload, post, email or transmit, or otherwise make available through the Website any inappropriate, defamatory, infringing, obscene or unlawful content;
• upload, post, email or transmit, or otherwise make available through the Website any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
• upload, post, email or transmit, or otherwise make available through the Website any materials that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law;
• run Mail list, Listserv, or any form of auto-responder or "spam" on the Website;
• use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website, including to engage in the practices of "screen scraping," "database scraping" or any other activity with the purpose of obtaining content or other information;
• interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website, including to utilize framing techniques to enclose any content or other proprietary information, place pop-up windows over the Website's pages, or otherwise affect the display of the Website's pages;
• impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
• remove any copyright, trademark or other proprietary rights notices contained in or on the Website;
• use any robot, spider, Website search/retrieval application, or other device to retrieve or index any portion of the Website or collect information about its users for any unauthorized purpose;
• submit content that falsely expresses or implies that such content is sponsored or endorsed by ECJ, any of its affiliates or any third parties;
• use the Website for any illegal or unauthorized purpose (including, without limitation, in violation of any United States federal and state laws or regulations, or equivalent laws or regulations in foreign jurisdictions);
• promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
• use the Website for any commercial purpose whatsoever other than for your personal use.

DISCLAIMER OF WARRANTIES; LIMITED LIABILITY

ANY INFORMATION PROVIDED ON THIS WEBSITE IS GENERAL INFORMATION PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  WE PERIODICALLY ADD CHANGES TO OR UPDATE THE INFORMATION AND MATERIALS AVAILABLE ON THE WEBSITE WITHOUT NOTICE. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK AND WE ASSUME NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE.  ANY TESTIMONIAL OR ENDORSEMENT DOES NOT CONSTITUTE A GUARANTEE, WARRANTY OR PREDICTION REGARDING THE OUTCOME OF YOUR LEGAL MATTER. 

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OF ANY AMOUNT OR CHARACTER (INCLUDING, WITHOUT LIMITATION, ANY GENERAL, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) ARISING FROM YOUR ACCESS TO, OR USE OF, THIS WEBSITE.  IN NO EVENT SHALL ECJ, ITS AFFILIATES OR ITS LICENSORS, TOGETHER WITH THEIR RESPECTIVE PARTNERS, EMPLOYEES, CONTRACTORS, AGENTS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS AND SHAREHOLDERS BE LIABLE WITH RESPECT TO THESE TERMS OF USE (HOWEVER ARISING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR YOUR USE OF THE WEBSITE FOR ANY LOST OR CORRUPTED DATA, LOST PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF ECJ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

Intellectual Property Rights

All works and materials on this Website are copyrighted by ECJ. We authorize you to view, copy, download and print the information and images on this Website subject to these Terms of Use including, without limitation, your compliance with each of the following: (1) all such materials may be used solely for your personal, non-commercial and informational purposes; (2) none of the materials may be modified; and (3) the following copyright notice and permission notice must appear on each such document: “Copyright 2019 Ervin Cohen & Jessup LLP. All rights reserved.” ECJ materials available from this Website are protected by the copyright laws of the United States and International Treaties. All use of these materials is subject to the Terms of Use set forth herein. Reproduction, copying or redistribution of materials on the Website for commercial purposes is prohibited without our express prior written consent. To obtain permission to use portions of our Website for commercial use, please email privacy@ecjlaw.com. We retain the right to refuse permission to use any portion of our Website for commercial use.

ECJ retains all right, title and interest in and to the Website, as well as all data, information, content and materials provided on the Website. ECJ further retains all right, title and interest in and to the business processes, procedures, methods and techniques used within the Website and all patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights therein existing anywhere in the world to the Website. All content on the Website including, without limitation, designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement, are ECJ’s proprietary property with all rights reserved.

Unauthorized use of materials from our Website may violate certain laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

Our service marks identify the products and services we provide, and let the public know the source of such products and services. You may not use our standard character marks, design or stylized marks, service marks, tradenames, logos, or taglines (collectively, “ECJ Marks”) without our express prior written consent. You may make fair use of our ECJ Marks consisting solely of words in advertisements and promotional materials and in specifically referencing our products and services, provided that you provide proper attribution and credit to ECJ and follow standard trademark and service mark usage practices. Any other use of our ECJ Marks requires our express prior written consent.  You may not use any of our ECJ Marks (1) in a non-ECJ service name or publication title, (2) in, as or as part of your own service or trademarks, (3) to identify services or products that are not ECJ’s, (4) in a way that is likely to cause confusion, (5) in a way that inaccurately implies that we endorse, sponsor, or are otherwise connected with your activities, products or services, or (6) as embedded or hidden text in webpages in an effort to cause a search of ECJ Marks to result in a hit on a page not maintained by ECJ.

Links to Third Party Websites

As a courtesy to you, this Website may from time to time contain links to Websites not maintained by us. We are not responsible for the contents of any such linked Websites or for the policies of any such linked Websites concerning their collection, security and use of any confidential information gathered from their users.  We have no control over any such linked Website, and the inclusion of any such link does not imply any recommendation, approval or endorsement by us of any third-party Website.  Such links to Websites maintained by third parties do not constitute an endorsement, guaranty, or warranty by ECJ, or any of its affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between ECJ, or any of its affiliates, and any linked third party or their content. ECJ does not assume any liability for the actions, products, content or information of these and other third parties or their websites.  Third parties’ websites are not subject to our Terms of Use and Privacy Policy.  You should carefully review their privacy statements and other conditions of use.

Governing Law

These Terms of Use and your use of the Website shall be governed by the laws of the State of California, as applied between residents of that state entering into contracts to be performed wholly within the State of California, without regard to its conflict of law provisions.

Miscellaneous       

This Agreement constitutes the entire agreement between you and ECJ with respect to your access to and use of the Website and supersedes all prior and contemporaneous agreements between you and ECJ regarding your access to and use of the Website.  If any of the provisions of these Terms of Use are found by a court of competent jurisdiction to be void, invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.  The failure of ECJ to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Privacy Policy  

ECJ respects your privacy. Our current privacy policy can be found by clicking here. ECJ’s privacy policy is expressly incorporated into these Terms of Use by this reference.

Contact Information

ECJ is located at 9401 Wilshire Boulevard, 12^th Floor, Beverly Hills, California 90212.  If you have any questions, please contact Angela Pinto at the above address or via email at apinto@ecjlaw.com.