© 2019 VERHAGEN BENNETT LLP

Los Angeles, CA

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Terms and Conditions

Agreement between User and www.verhagenbennett.com

 

Welcome to www.verhagenbennett.com. The www.verhagenbennett.com website (the "Site") is

comprised of various web pages operated by Verhagen Bennett LLP ("Verhagen Bennett").

 

www.verhagenbennett.com is offered to you conditioned on your acceptance without modification

of the terms, conditions, and notices contained herein (the "Terms"). Your use of

www.verhagenbennett.com constitutes your agreement to all such Terms. Please read these terms

carefully, and keep a copy of them for your reference.

 

www.verhagenbennett.com is a Legal Site.

 

This website is intended to inform and connect current and prospective clients with Verhagen

Bennett LLP.

 

Privacy

 

Your use of www.verhagenbennett.com is subject to Verhagen Bennett's Privacy Policy. Please

review our Privacy Policy, which also governs the Site and informs users of our data collection

practices.

 

Electronic Communications

 

Visiting www.verhagenbennett.com or sending emails to Verhagen Bennett constitutes electronic

communications. You consent to receive electronic communications and you agree that all

agreements, notices, disclosures and other communications that we provide to you electronically,

via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Children Under Thirteen

 

Verhagen Bennett does not knowingly collect, either online or offline, personal information from

persons under the age of thirteen. If you are under 18, you may use www.verhagenbennett.com

only with permission of a parent or guardian.

 

Links to Third Party Sites/Third Party Services

 

www.verhagenbennett.com may contain links to other websites ("Linked Sites"). The Linked Sites

are not under the control of Verhagen Bennett and Verhagen Bennett is not responsible for the

contents of any Linked Site, including without limitation any link contained in a Linked Site, or any

changes or updates to a Linked Site. Verhagen Bennett is providing these links to you only as a

convenience, and the inclusion of any link does not imply endorsement by Verhagen Bennett of the

site or any association with its operators.

 

Certain services made available via www.verhagenbennett.com are delivered by third party sites

and organizations. By using any product, service or functionality originating from the

www.verhagenbennett.com domain, you hereby acknowledge and consent that Verhagen Bennett

may share such information and data with any third party with whom Verhagen Bennett has a

contractual relationship to provide the requested product, service or functionality on behalf of

www.verhagenbennett.com users and customers.

 

No Unlawful or Prohibited Use/Intellectual Property

 

You are granted a non-exclusive, non-transferable, revocable license to access and use

www.verhagenbennett.com strictly in accordance with these terms of use. As a condition of your

use of the Site, you warrant to Verhagen Bennett that you will not use the Site for any purpose that

is unlawful or prohibited by these Terms. You may not use the Site in any manner which could

damage, disable, overburden, or impair the Site or interfere with any other party's use and

enjoyment of the Site. You may not obtain or attempt to obtain any materials or information

through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the

compilation thereof, and any software used on the Site, is the property of Verhagen Bennett or its

suppliers and protected by copyright and other laws that protect intellectual property and

proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,

legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create

derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.

Verhagen Bennett content is not for resale. Your use of the Site does not entitle you to make any

unauthorized use of any protected content, and in particular you will not delete or alter any

proprietary rights or attribution notices in any content. You will use protected content solely for

your personal use, and will make no other use of the content without the express written

permission of Verhagen Bennett and the copyright owner. You agree that you do not acquire any

ownership rights in any protected content. We do not grant you any licenses, express or implied,

to the intellectual property of Verhagen Bennett or our licensors except as expressly authorized by

these Terms.

 

International Users

 

The Service is controlled, operated and administered by Verhagen Bennett from our offices within

the USA. If you access the Service from a location outside the USA, you are responsible for

compliance with all local laws. You agree that you will not use the Verhagen Bennett Content

accessed through www.verhagenbennett.com in any country or in any manner prohibited by any

applicable laws, restrictions or regulations.

 

Indemnification

 

You agree to indemnify, defend and hold harmless Verhagen Bennett, its officers, directors,

employees, agents and third parties, for any losses, costs, liabilities and expenses (including

reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or

services, any user postings made by you, your violation of any terms of this Agreement or your

violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.

Verhagen Bennett reserves the right, at its own cost, to assume the exclusive defense and control

of any matter otherwise subject to indemnification by you, in which event you will fully cooperate

with Verhagen Bennett in asserting any available defenses.

 

Arbitration

 

In the event the parties are not able to resolve any dispute between them arising out of or

concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or

otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved

only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single

neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration

service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's

award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the

event that any legal or equitable action, proceeding or arbitration arises out of or concerns these

Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable

attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and

Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or

indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree

that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The

entire dispute, including the scope and enforceability of this arbitration provision shall be

determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms

and Conditions.

 

Class Action Waiver

 

Any arbitration under these Terms and Conditions will take place on an individual basis; class

arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE

THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S

INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY

PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH

AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE

OTHER. Further, unless both you and Verhagen Bennett agree otherwise, the arbitrator may not

consolidate more than one person's claims, and may not otherwise preside over any form of a

representative or class proceeding.

 

Liability Disclaimer

 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR

AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR

TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE

INFORMATION HEREIN. VERHAGEN BENNETT LLP AND/OR ITS SUPPLIERS MAY

MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

VERHAGEN BENNETT LLP AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS

ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND

ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND

RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE

MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH

INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS

ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.

VERHAGEN BENNETT LLP AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL

WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,

This is a RocketLawyer.com document.

SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL

IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT

SHALL VERHAGEN BENNETT LLP AND/OR ITS SUPPLIERS BE LIABLE FOR ANY

DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL

DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT

LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF

OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,

WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE

PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY

INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS

OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF

THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT

LIABILITY OR OTHERWISE, EVEN IF VERHAGEN BENNETT LLP OR ANY OF ITS

SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE

SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR

LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,

THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED

WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,

YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/Access Restriction

 

Verhagen Bennett reserves the right, in its sole discretion, to terminate your access to the Site and

the related services or any portion thereof at any time, without notice. To the maximum extent

permitted by law, this agreement is governed by the laws of the State of California and you hereby

consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or

relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give

effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between

you and Verhagen Bennett as a result of this agreement or use of the Site. Verhagen Bennett's

performance of this agreement is subject to existing laws and legal process, and nothing contained

in this agreement is in derogation of Verhagen Bennett's right to comply with governmental, court

and law enforcement requests or requirements relating to your use of the Site or information

provided to or gathered by Verhagen Bennett with respect to such use. If any part of this

agreement is determined to be invalid or unenforceable pursuant to applicable law including, but

not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or

unenforceable provision will be deemed superseded by a valid, enforceable provision that most

closely matches the intent of the original provision and the remainder of the agreement shall

continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user

and Verhagen Bennett with respect to the Site and it supersedes all prior or contemporaneous

communications and proposals, whether electronic, oral or written, between the user and

Verhagen Bennett with respect to the Site. A printed version of this agreement and of any notice

given in electronic form shall be admissible in judicial or administrative proceedings based upon or

relating to this agreement to the same extent and subject to the same conditions as other business

documents and records originally generated and maintained in printed form. It is the express wish

to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

 

Verhagen Bennett reserves the right, in its sole discretion, to change the Terms under which

www.verhagenbennett.com is offered. The most current version of the Terms will supersede all

previous versions. Verhagen Bennett encourages you to periodically review the Terms to stay

informed of our updates.

 

Contact Us

 

Verhagen Bennett welcomes your questions or comments regarding the Terms:

Verhagen Bennett LLP

233 Wilshire Blvd., STE 400

Santa Monica, California 90401

Email Address:

info@verhagenbennett.com

Telephone number:

(310) 917-1064

Effective as of December 01, 2016