Terms of Use

Please Read Our Terms of Use Carefully Before Using This Site.

Use of this website should not be taken as legal advice of any kind.

These terms of use (“Terms of Use”) tell you the terms of use on which you may use, access and view the website www.estriatuslaw.com (the “Site”), and all third party sites linked to the Site. Please read these Terms of Use carefully before you start using the Site.  By using the Site, you indicate that you accept these Terms of Use and that you agree to abide and be bound by them.  If you do not agree to these Terms of Use, please refrain from using the Site.

Disclaimer
The information provided on the Site is for general information only and should not be considered legal advice. This Site does not create an attorney client relationship and any information sent may not be considered confidential. Please do not send any confidential information until an attorney-client relationship has been expressly created. The information provided on the Site may be considered advertising. Estriatus Law disclaims any and all liability resulting from reliance on the information provided. You are encouraged to seek professional advice with any questions.

Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright and trademark laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others within your organization to material posted on the Site. You must not modify the paper or digital copies of any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Estriatus Law’s status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged. You must not use, copy, distribute, reproduce, publicly display, or translate any part of the materials on the Site for commercial purposes without obtaining a license to do so from Estriatus Law or its licensors.

Prohibited Uses

You may not use the Site:

  1. In any way that breaches any applicable local, national or international law or regulation or as prohibited by these Terms of Use;
  2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  3. For the purpose of harming or attempting to harm minors in any way;
  4. To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or
  5. To knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  1. Not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of these Terms of Use; or
  2. Not to access without authority, interfere with, damage or disrupt:
  3. Any part of the Site;
  4. Any equipment or network on which the Site is stored;
  5. Any software used in the provision of the Site; or
  6. Any equipment or network or software owned or used by any third party.

Links to Third-Party Websites
The Site may provide links to other third-party web sites or resources. Estraitus Law makes no representations whatsoever about any other website which you may access through this Site. You acknowledge and agree that Estriatus Law is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. References on this Site to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. Estriatus Law makes no representation or warranty as to any third party content, products or services, and you agree that Estriatus Law shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products or services available on or through any such site or resource.

Inaccuracies and Errors
Estriatus Law is not liable for any damages resulting from inaccuracies or errors in information provided on the Site, or any unauthorized use of the Site. Estriatus Law is also not liable for any interruption of service from the Site, any errors in information posted on the Site and any damage you may suffer as a result of them whether based on a warranty, contract, tort or any other legal theory, whether or not Estriatus Law was advised of the potential for such damages.

Limitation of Liability
THE MATERIAL DISPLAYED ON THE SITE IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY. THE MATERIALS IN THE SITE AND ANY MATERIALS MADE AVAILABLE THROUGH THE SITE, OR WEBSITES LINKED TO THE SITE, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ESTRIATUS LAW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ESTRIATUS LAW NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, OR WEBSITES LINKED TO THIS SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS IN THE SITE, OR WEBSITES LINKED TO THE SITE, COULD INCLUDE TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR COULD BE INACCURATE OR BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. ESTRIATUS LAW UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.

UNDER NO CIRCUMSTANCES SHALL ESTRIATUS LAW BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, SUCH AS LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS, DAMAGE TO DATA, OR LOSS OF GOODWILL THAT MAY RESULT FROM THE USE OF, INABILITY TO USE, OR RELIANCE ON THE SITE, OR SITES LINKED TO THIS SITE, OR ANY MATERIALS IN THIS SITE, OR SITES LINKED TO THIS SITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE, OR WEBSITES LINKED TO THIS SITE, OR INFORMATION AVAILABLE IN THE SITE. ESTRIATUS LAW SHALL NOT BE LIABLE EVEN IF AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION: APPLICABLE LAW MAY 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 OR EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO THIRTY (30) DAYS.

Indemnity and Prohibited Use of the Site
By using the Site, you agree to indemnify, defend and hold harmless Estriatus Law and any related parties (employees, agents, or partners) from claims, demands, liabilities, and expenses (including attorneys’ fees) made by third parties against Estriatus Law arising from and/or connected to your use of the Site (including but not limited to the spread of computer viruses).

Suspension and Termination
Estriatus Law will determine, in its discretion, whether there has been a breach of these Terms of Use through your use of the Site. When a breach of this policy has occurred, we may take such action, as we deem appropriate. Failure to comply with these Terms of Use constitutes a material breach of these Terms of Use upon which you are permitted to use our Site, and may result in our taking all or any of the following actions:

  1. Immediate, temporary or permanent withdrawal of your right to use the Site;
  2. Issue of a warning to you;
  3. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  4. Further legal action against you; or
  5. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these Terms of Use. The responses described in these Terms of Use are not limited, and we may take any other action we reasonably deem appropriate.

Jurisdiction and Applicable Law
The interpretation and enforcement of these Terms of Use shall be governed by the laws of the State of California. You hereby consent to the personal and exclusive jurisdiction of and venue in the state or federal courts within Santa Clara County, California, U.S.A. and waive any objection you may now or hereafter have to this venue of claims. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use. In any legal proceeding arising from these Terms of Use, the prevailing party shall be entitled to the award of its reasonable costs and attorneys’ fees incurred in connection with such proceedings.

Severability
If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

No Waiver
No failure on the part of Estriatus Law to enforce any part of these Terms of Use shall constitute a waiver of any of Estriatus Law’s rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by Estriatus Law nor the reliance of any person on Estriatus Law’s actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by Estriatus Law shall have any legal effect whatsoever.

Entire Agreement
These Terms of Use constitutes the entire agreement and supersedes any other oral or written agreements relating to this subject matter. No variation or addition to these Terms of Use shall be biding or enforceable against Estriatus Law unless contained in a writing signed by authorized representatives of Estriatus Law.

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