Effective Date: March 22, 2013
The Office is based in San Francisco, CA, and neither intends nor purports to practice in any other jurisdictions, unless admitted pro hac vice or otherwise in accordance with applicable rules. Andrew Hecht is admitted to practice law in the states of California and New York.
Unless otherwise agreed in writing with the Office, your use of the Website will always be subject to, at a minimum, the terms and conditions set out in this document.
These Terms form a binding legal agreement between you and the Office in relation to your use of the Website.
YOUR ACCESS OR USE OF THE WEBSITE IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. By accessing or using the Website you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of the Website. If you do not agree to the Terms, you are not authorized to use the Website.
From time to time, the Office may change, remove, add to or otherwise modify the Terms, and reserves the right to do so in its discretion. In that case, the Office will post the updated Terms to the Website and indicate the date of revision. The Office encourages you to periodically review the Terms. All new and/or amended Terms take effect immediately; provided, however, that if deemed material by the Office in its sole discretion, such new and/or additional material terms will be marked as such and will take effect 30 days after they are posted on the Website. Notwithstanding the foregoing, (i) no modification to the Terms will apply to any dispute between you and the Office that arose prior to the effective date of any modification and (ii) if you do not agree with any modification to the Terms, you may terminate this agreement by ceasing use of the Website. Your continued use of the Website after new and/or revised Terms are effective indicates that you have read, understood and agreed to those Terms.
The Office makes the Website available to you on the Terms. You may only use the Website in accordance with these the Terms. In particular, but without limitation, you may not use the Website for any purpose that is unlawful or prohibited by these Terms, or any other conditions or notices that are made available on the Website.
The Website is controlled and offered by the Office from its office in California, the United States of America. The Office makes no representations that the Website is appropriate or available for use in other locations. If you are accessing or using the Website or any Service from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law. The Law Offices of Andrew A. Hecht does not seek to practice law in any jurisdiction other than California and New York.
You agree not to use the Website to:
In addition, you may not (and may not authorize another party to) use the Website in any manner that could disable, overburden, damage or impair the Website, or interfere with any other party’s use and enjoyment of the Website.
Third Party Websites Third Party Websites (as defined below) that the Office links to or embeds in the Website are subject to the license terms accompanying such Content. The Office encourages you to always verify the license of any such Content before use.
Use of Content on the Website or Services. You may use the Content solely for informational purposes to understand the services provided by the Office and to evaluate whether the Office may be able to assist you with a legal or business matter.
The Website may contain links to websites not controlled by the Office (“Third Party Websites”), as well as Content belonging to or originating from persons or organizations other than the Office (“Third Party Content”). You acknowledge that the Office is not responsible or liable for any Third Party Websites or any Third Party Content, or any information or products made available at any Third Party Website. You further acknowledge that the Office (a) is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website; (b) has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness, completeness or non infringement; (c) has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and (d) makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE OFFICE OFFERS THE WEBSITE AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE OFFICE DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE OFFICE’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE OFFICE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL THE OFFICE, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (THE "OFFICE PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITE (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE OFFICE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, THE OFFICE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE OR ANY CONTENT, THE OFFICE’S LIABILITY SHALL IN NO EVENT EXCEED (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00).
You agree to indemnify, defend and hold harmless the Office Parties (defined above) from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify, defend and hold harmless the Office Parties from and against any and all claims brought by third parties arising out of your use of the Website and the Content you transmit via the Website.
The Website may contain trademarks, service marks, logos and other names that are the property of the Office or such other party as indicated with respect to that name or icon. In the case of the Office’s trademarks, logos and icons, these may not be used by you without the prior written consent of the Office.
The Office respects the intellectual property rights of others, and it prohibits users of its Website from transmitting any materials that violate another person’s intellectual property rights.
As required by the Digital Millennium Copyright Act ("DMCA"), you may contact the Office's designated agent to report alleged copyright infringement. The designated agent is:
925 Cabrillo St.
San Francisco, CA 94118
Tel: +1 (650) 862-9790
Content hosted on Third Party Websites is the responsibility of those websites, and not of the Office. If you are the copyright owner of Content hosted on a Third Party Website, and you have not authorized the use of your Content, please contact the administrator of the hosting website directly to have the Content removed.
These Terms will continue to apply until terminated by either you or the Office as set out below. Your right to access and use the Website terminates automatically upon your breach of any of these Terms that may apply to the Website.
The Office may, at any time: (a) modify, suspend or terminate the operation of or access to the Website, or any portion of the Website, for any reason; (b) modify or change the Website, or any portion of the Website, and any Terms and other policies governing the use of the Website, for any reason; (c) interrupt the operation of the Website, or any portion of the Website, for any reason, all as the Office deems appropriate in its sole discretion.
Your access to, and use of, the Website may be terminated by you or by the Office at any time and for any reason.
The disclaimer of warranties, the limitation of liability, your indemnification obligations and the jurisdiction and applicable law provisions shall survive any termination.
These Terms are governed by and construed by the laws of the State of California, in the United States, exclusive of its choice of law rules. The parties agree that any disputes or proceedings between the Office and you concerning these Terms and/or the Website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the City of San Francisco, and hereby consent to the personal jurisdiction and venue of such court. Either party’s failure to insist on or enforce strict performance of any of the Terms shall not be construed as a waiver of any provision or right. If any term or part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The parties agree that no joint venture, partnership, employment, attorney-client or agency relationship exists between you and the Office as a result of these Terms, or your use of the Website. These Terms constitute the entire agreement between you and the Office relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to the Terms as made available by the Office from time to time) between you and the Office. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.