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McMahon Law Group,
A Professional Corporation
Web Site Terms of Use
Welcome to the McMahon Law Group,
A Professional Corporation web site (Site). Please
read this Agreement carefully. If you are unwilling to accept the
terms and conditions in this Agreement, do not use the Web Site.
By using the Site, you are indicating that you agree to follow and
be bound by the following terms and conditions (Terms).
(These Terms were last revised on June 10, 2004)
1. Use of Site Content
(a) Content, including but not
limited to text, software, music, sound, photographs, trademarks,
service marks, logos, video, graphics or other material contained
on this Site or in commercially produced information presented to
you through the Site (Content) is protected by copyright,
trademarks, service marks, Site marks, patents or other proprietary
agreements and laws (collectively, Intellectual Property Rights)
and you are only permitted to use Content as expressly authorized
herein or in writing by McMahon Law Group. These Terms do
not transfer any right, title, or interest in the Site or the Content
to you, and McMahon Law Group and its third party licensors retain
all of its and their respective right, title and interest to the
Site and Content.
(b) Except as provided in these Terms, you may not use, download,
upload, copy, modify, print, display, perform, reproduce, publish,
license, rent, lease, loan, sell, assign, post, transmit, distribute,
reverse engineer, create derivative works from, or otherwise exploit
any Content or information from the Site, in whole or in part, including
without limitation by way of framing or hyper-linking, without the
express permission of McMahon Law Group. Requests for such
permission should be made to: webmaster@mcmahonlawgroup.com.
(c) Except as expressly provided in these Terms, nothing contained
in these Terms or on the Site shall be construed as conferring any
other license or right, expressly, by implication, by estoppel or
otherwise, under any of our Intellectual Property Rights or under
any third party's Intellectual Property Rights. Any rights
not expressly granted herein are reserved.
2. You may without our permission:
(a) Download, view, copy, retransmit and print Content, but
only if:
1) the Content is used solely for
personal, informational, or internal business purposes;
2) the Content is not provided or
relied upon as legal advice;
3) the Content is not provided, sold,
licensed or leased (nor is access provided to the Content) for any
fee or other consideration or to solicit attorney-client relationships;
4) all copyright, trademark and other
proprietary rights notices included in the Content as presented
at the Site appear on all copies;
5) Sections 1(b), 2, 4, 5 and 11-18
of these Terms are prominently displayed with all copies;
6) the Content is not modified or
altered in any way; and
7) no graphics are used separately
from accompanying text.
(b) Link or hyper-link to the home page of the Site from any
Qualified Site, but only if:
1) you notify us by email webmaster@mcmahonlawgroup.com
specifying the URL of each page from which you will be linking to
our home page;
2) you do not frame the Site or any portion of the Site;
3) you do not deep link into the Site (i.e., you do not link into
any page other than the home page);
4) the link or hyper-link to the Site is not used in a way that
suggests that McMahon Law Group endorses you or your web site;
5) the link is identified using a plain text rendering of the McMahon
Law Group name and not any trademark or McMahon Law Group logo.
6) the link or hyper-link to the Site is not used or presented in
any way that disparages McMahon Law Group or tarnishes, blurs, or
dilutes the quality of McMahon Law Group's names or trademarks or
any associated goodwill;
7) the link or hyper-link to the Site is not displayed on any web
page that displays Objectionable content or links; and
8) you agree that we may terminate your right to link or hyperlink
to the Site at any time for any reason or no reason.
"Qualified Site" means a web site that displays
no Objectionable content, is not owned or controlled by a competitor
to McMahon Law Group and the content of which is not competitive
to the Site.
"Objectionable" means as to any content, information
in any medium or format, including without limitation text, data,
graphics, audio or video, that: (a) is libelous or defamatory,
pornographic, sexually explicit, unlawful or plagiarized; (b) a
reasonable person would consider harassing, abusive, threatening,
harmful, vulgar, profane, obscene, excessively violent, racially,
ethnically or otherwise objectionable or offensive in any way or
(c) constitutes a breach of any person's privacy or publicity rights,
a misrepresentation of facts, hate speech or an infringement of
any third party's intellectual property rights of any kind, including
without limitation, copyright, patent, trademark, industrial design,
trade secret, confidentiality or moral rights; or (d) violates or
encourages other to violate any applicable law.
3. You may not under any circumstance:
· Send unsolicited commercial email to the email addresses
provided on the Site (spam, chain emails, advertising solicitations
and similar email solicitations are expressly prohibited);
· Delete, modify or attempt to change or alter any of the Content
on the Site;
· Use any device, software or routine that interferes with
the proper functioning of the Site or servers or networks connected
to the Site, or take any other action that interferes with other
parties' use of the Site;
· Use the Site or the Content, intentionally or unintentionally,
in any manner inconsistent with or in violation of any applicable
laws or regulations or in violation of the rules of any other web
site providers, web sites, chat rooms or the like, including, without
limitation, laws regarding import/export of technical data by virtue
of your online transmission;
· Use any "robot", "spider" or other automatic
or manual device or process for the purpose of compiling information
on the Site for purposes other than for a generally available search
engine; or
· Use any McMahon Law Group names, service marks, or trademarks
without our prior written consent, including without limitation
as metatags or hidden text.
4. Marks
Certain product, service, or company designations for companies
other than McMahon Law Group may be mentioned in the Site for identification
purposes only. Such designations are often claimed as trademarks
or service marks. In all instances where McMahon Law Group is aware
of a claim, the designation appears in initial capital or all capital
letters. However, you should contact the appropriate companies for
more complete information regarding such designations and their
registration status.
5. Not Legal Advice/No Attorney-Client Relationship
The Content on the Site is intended to provide information to the
public and is not legal advice of McMahon Law Group or any of its
attorneys. Any opinions expressed through Content on the Site
are the opinions of the particular author and may not reflect the
opinions of McMahon Law Group or any individual attorney.
Although we try to ensure the accuracy of the Content, laws are
often changing, and we cannot guarantee that all of the Content
is complete, accurate, or current. You should not act or refrain
from acting on the basis of any Content included on the Site without
consulting an attorney licensed to practice in your jurisdiction.
Neither the Site, nor any information or material you send to McMahon
Law Group through the Site, is intended to create an attorney-client
relationship. If you communicate with McMahon Law Group through
the Site, your communication is not confidential, and may not be
secure. If you are a current client of McMahon Law Group,
please do not send confidential information to us through the Site.
The Site and the Content may be considered
advertising in some jurisdictions. McMahon Law Group does
not seek to represent any person or entity based upon that person's
or entity's viewing the Site (or any portion of the Site) in any
jurisdiction where the Site (or any portion of the Site) does not
comply with all of the laws and ethical requirements of that jurisdiction.
McMahon Law Group's attorneys do not seek to practice law in jurisdictions
where they are not properly authorized to practice. The various
bar memberships of our attorneys should be listed in each attorney's
biography . If the ethical requirements in your area require
McMahon Law Group to designate an attorney responsible for the Site
or the firm's principal office, we designate Peter McMahon.
6. Modifications To Terms
McMahon Law Group may change these Terms from time to time. Each
time changes are made to these Terms, they will be posted on the
home page and you will be alerted to them and asked to review them
before proceeding with your further use of the Site. Your
continued use of this Site following the posting of any changes
to the Terms constitutes your acceptance of those changes. If you
object to any provision of these Terms or any subsequent modifications
to these Terms or become dissatisfied with the Site in any way,
your only recourse is to immediately terminate use of the Site.
7. Termination of Site/Modifications
To Site
McMahon
Law Group reserves the right to modify or terminate these Terms
or your access to the Site (or portions of the Site), temporarily
or permanently, with or without notice to you, and is not obligated
to support or update the Site. Sections 1, and 3-18 of these Terms
shall survive any termination of these Terms or your right to access
to the Site. You acknowledge and agree that McMahon Law Group will
not be liable to you or any third party in the event that McMahon
Law Group exercises its right to modify or terminate access to the
Site (or portions of the Site). Unless explicitly stated otherwise,
any new features that augment or enhance the current Site will be
subject to these Terms.
8. Privacy
McMahon Law Group will treat any information it collects from you
in accordance with its Privacy Policy , which is hereby incorporated
by reference. Please review the Privacy Policy before you use the
Site. If you are unwilling to accept the terms and conditions of
the Privacy Policy, we ask that you not use the Site.
9. Copyright Infringement
In accordance
with the Digital Millennium Copyright Act ("DMCA") http://lcweb.loc.gov/copyright/, McMahon Law Group has designated
an agent to receive notifications of alleged copyright infringement
associated with the Site. McMahon Law Group will, upon receiving
proper notice as set forth below, use commercially reasonable efforts
to remove or disable access to any such material as set forth in
the DMCA. If you believe that your copyrighted work or the copyrighted
work of another party is being infringed, please notify our
copyright agent: webmaster@mcmahonlawgroup.com. When notifying McMahon
Law Group of the alleged copyright infringement, please include
all of the following information:
i) A physical or electronic signature
of a person authorized to act on behalf of the copyright owner;
ii) Identification of the copyrighted
work claimed to have been infringed;
iii) Identification of the material
that is claimed to be infringing and information reasonably sufficient
to locate the material;
iv) Information reasonably sufficient
to contact the complaining party, such as an address, telephone
number, and, if available, an electronic mail address;
v) A statement that the complaining
party has a good faith belief that the use of the material in the
manner complained of is not authorized by the copyright owner, its
agent, or the law; and
vi) A statement that the information
in the notification is accurate, and, under penalty of perjury,
that the complaining party is authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.
If material is believed in good faith
by McMahon Law Group to infringe a copyright or otherwise violate
any intellectual property rights, McMahon Law Group will remove
or disable access to any such material. If you believe that a notice
of copyright infringement has been wrongly filed against you and
you would like to submit a counter-notification, you may file a
Counter-Notification in Response to Claim of Copyright Infringement
with McMahon Law Group's copyright agent. You may want to
seek independent legal counsel before filing a notification or counter-notification.
10. Other Sites, Content, Products and Services
The Site may provide links to web sites and access to content,
products and services of third parties, including without limitation,
McMahon Law Group's affiliates and strategic partners and
other entities with which our connection consists of only a hyperlink
(Other Sites). You should refer to the separate terms of
use, privacy policies, and other rules posted on Other Sites before
you use them. McMahon Law Group is not responsible for (a) the availability
of, and content provided on, Other Sites, nor does inclusion of
any link imply endorsement of the Other Site by McMahon Law Group,
or vice versa; (b) third party content accessible through the Site,
including opinions, advice, or statements (and you understand that
you bear all risks associated with the use of such content); (c)
any loss or damage of any sort you may incur from dealing with any
third party; or (d) your dealings with any third parties found on
or through the Site, including your participation in promotions,
the payment for and delivery of goods if any, and any terms, conditions,
warranties, or representations associated with such dealings.
11. Disclaimer
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE
SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES
PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. MCMAHON LAW GROUP EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, INTEGRATION,
NON-INTERFERENCE WITH ENJOYMENT, AND SECURITY AND ACCURACY, AS WELL
AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING,
OR COURSE OF PERFORMANCE. MCMAHON LAW GROUP MAKES NO WARRANTY,
AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE WILL
MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE,
COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES;
(C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR
ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE;
(D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS;
OR (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS
USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.
12. Limitation of Liability
IN NO EVENT SHALL MCMAHON LAW GROUP BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES
FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, LOSS OF PROFITS,
REVENUE, DATA, GOODWILL, OR USE, INCURRED BY YOU OR ANY THIRD PARTY,
WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND
STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS,
OR USE OF, THE SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH
THE SITE, OR OTHERWISE RESULTING FROM: (1) THE COST OF PROCUREMENT
OF SUBSTITUTE SERVICES, GOODS, OR WEBSITES, (2) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (3) THE STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (4) ANY OTHER MATTER
RELATING TO THE SITE, EVEN IF MCMAHON LAW GROUP WAS ADVISED THAT
SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY
APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING
DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE
OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE
OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY
INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR
PROBLEMS OR ANY FORCE MAJEURE. 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.
13. Indemnity
You agree to indemnify, defend and hold harmless McMahon Law Group,
its affiliates, shareholders, directors, officers, co-branders,
subsidiaries, parents, employees and agents, from any claim, demand,
liability, dispute, damage, cost, expense, or loss, including reasonable
attorneys' fees and costs of litigation, arising out of, or in any
way connected with your use of or access to the Site, your use of
the Content, your linking to the Site or your violation of these
Terms.
14. Dispute Resolution
Any dispute arising out of or in connection with these Terms or
your use of any Content or this Site or your access to or links
to this Site, shall be resolved by arbitration before three neutral
arbitrators administered by the American Arbitration Association
in Boston, Massachusetts, in accordance with its Commercial Arbitration
Rules, as then in effect. Except for punitive damages (which
may not be awarded), any provisional or equitable remedy which would
be available from a court of law shall be available from the arbitrators
to parties. The award of the arbitrators may be enforced in any
court having jurisdiction thereof. Both parties hereby consent
(a) to the non-exclusive jurisdiction of the courts of the California
or to any Federal Court located within California for any action
(i) to compel arbitration, (ii) to enforce the award of the arbitrators
or (iii) at any time prior to the qualification and appointment
of the arbitrators, for temporary, interim or provisional equitable
remedies and (b) to service of process in any such action by registered
mail or any other means provided by law. Some jurisdictions may
provide additional rights to consumers.
15. General
If any provision of these Terms is found by a court or arbitrator
to be invalid, the parties agree that the court or arbitrator should
give effect to the parties' intentions as reflected in the provision,
and the other provisions of the Terms will remain in effect.
McMahon Law Group's failure to act with respect to a breach by any
person using the Site does not constitute a waiver of its right
to act with respect to subsequent or similar breaches. These
Terms will be governed by and construed in accordance with the laws
of California without regard to its choice of law provisions.
In the event of any conflict between foreign laws, rules and regulations
and those of the United States, the laws, rules and regulations
of the United States will govern. The United Nations Convention
on Contracts for the International Sale of Goods will not apply
to these Terms. You consent to personal jurisdiction by the
state and federal courts located in San Mateo and Santa Clara County
California. McMahon Law Group may assign its rights and duties
under these Terms without such assignment being considered a change
to the Terms and without notice to you. You may not assign
these Terms without the prior written consent of McMahon Law Group.
These Terms, the Privacy Policy, any operating rules, policies,
or procedures that may be posted from time to time by McMahon Law
Group on the Site, and any modifications to the foregoing, constitute
the entire agreement between the parties with regard to the subject
matter in these Terms and supersede all prior understandings and
agreements, whether written or oral, as to such subject matter.
Nothing contained in these Terms will be deemed to constitute either
party as the agent or representative of the other party, or both
parties as joint venturers or partners for any purpose.
16. Limitation of Actions Brought Against McMahon Law Group
You agree that any claim or cause of action arising out of your
use of the Site or these Terms must be filed within one year after
such claim or cause of action arose or it shall forever be barred,
notwithstanding any statute of limitations or other law to the contrary.
Within this period, any failure by McMahon Law Group to enforce
or exercise any provision of these Terms or related right shall
not constitute a waiver of that right or provision.
17. Acknowledgment
You acknowledge (a) that you have read and understood these
Terms; and (b) that these Terms have the same force and effect as
a signed agreement.
18. Contact Information
If you have any questions regarding these Terms or the Site,
please contact McMahon Law Group at: webmaster@mcmahonlawgroup.com.
McMahon
Law Group A Professional Corporation
545 Middlefield Road
Suite 230
Menlo Park, California 94025
Tel: (650) 325-2400
Fax: (650) 325-2405.
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