LANCE, SOLL & LUNGHARD, LLP WEBSITE TERMS AND CONDITIONS
Last updated: January 28, 2020
Thank you for visiting our website.
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS” OR “AGREEMENT”) CAREFULLY BEFORE USING THIS WEBSITE, ANY WEBSITE OPERATED BY LANCE, SOLL & LUNGHARD, LLP (“LSL,” “WE” OR “US”) AND TO THE FULLEST LEGAL EXTENT POSSIBLE, ANY LSL SOCIAL MEDIA PAGES (COLLECTIVELY REFERRED TO AS THE “WEBSITE” OR “WEBSITES”). BY ACCESSING OR USING THE WEBSITE, YOU ARE EXPRESSLY: (I) ACKNOWLEDGING THAT YOU HAVE READ AND THAT YOU AGREE WITH ALL THE TERMS AND CONDITIONS CONTAINED HEREIN; AND (II) REPRESENTING THAT YOU ARE OVER THE AGE OF EIGHTEEN (18) AND HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE LEAVE THE WEBSITE IMMEDIATELY. PLEASE BE SURE YOU UNDERSTAND THIS INFORMATION BECAUSE THIS IS A LEGALLY BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU AND US. IF YOU DO NOT AGREE WITH ANY OF THE TERMS, PLEASE DO NOT USE THE WEBSITE. THANK YOU.
LSL reserves the right to modify these Terms and Conditions at any time in its sole discretion so please be sure to read them each time you use the Website. To the fullest legal extent possible, changes made are effective immediately when they are posted. By using the Website, you agree to be bound by all the terms and conditions and any changes contained herein. Please note that if you are a client of LSL and/or have entered into separate agreement(s) with LSL, then to the extent any terms are in conflict, the terms of your separate agreement(s) shall govern as those were drafted specifically for you in furtherance of doing business with LSL. Otherwise, the non-conflicting terms of this Agreement shall continue to apply.
ABOUT THE WEBSITE
On the Website, we provide some information about us, what it’s like to work with us, how we help and what services we offer. We also provide information on events, webinars, articles, blogs and provide other helpful resources; and we may provide links to third party sites. In some circumstances, you may make payments and/or submit personal information or files through the Website.
The content, including without limitation any case studies provided, on the Website is for informational and marketing purposes only and is not intended as tax, accounting, legal or any other professional advice. You agree to consult with professionals for your particular situation. We cannot and do not guarantee your situation will be the same, and we cannot guarantee any outcome of services. If you work with LSL, then you will have to sign additional documentation that shall address your specific working relationship. Just using this Website does not create any type of business relationship whatsoever between you and LSL.
RIGHTS AND RESTRICTIONS FOR USE OF THE WEBSITE
LSL grants you a personal, limited, non-exclusive, non-transferable revocable license to access and use the Website, and the content herein, for your individual and (unless otherwise indicated in this Agreement) non-commercial use. Unless explicitly permitted on the Website, you understand that you need prior written permission from LSL to digitally share content found on the Website. If you are granted said permission, you agree to keep the appropriate copyright, trademark or patent notices attached. You further agree that any use of our content shall not imply a false endorsement of you, your business or your services. You also agree to cooperate with us in the event we request you delete any such post or link, even if we originally permitted such use. We are not responsible for your use of the content. You agree not to use the Website, or your access to the Website, for any fraudulent or illegal purposes. Furthermore, you agree not to disrupt, post viruses, upload malware or otherwise harm LSL, this website or any associated third parties.
You are responsible for keeping your passwords or other sensitive information confidential and for monitoring all activity related to your use of the Website and your account. You also agree to be responsible for the truthfulness of any information you provide to us and shall indemnify us against use of same.
COPYRIGHTS, TRADEMARKS, PATENTS AND TRADE SECRETS (“INTELLECTUAL PROPERTY”)
LSL either owns the rights to all logos, trademarks, copyrights, text, graphics, trade secrets, patents and all other content found on the Website, or has permission to use aforementioned content and intellectual property. Except as specifically permitted in this Agreement, you may not use these for any reason whatsoever without prior written permission from LSL. You understand that using another’s intellectual property, including but not limited to, reproducing, uploading, posting or distributing such property is against the law and may violate LSL’s, or a third party owner’s, rights. You also understand that use of such content may lead to your personal, and possibly criminal, liability. Therefore, by accessing and using the Website, you agree to the rights and restrictions of use as set forth in this Agreement.
You may have the opportunity to submit information to us, including but not limited to, comments, articles, ideas, photos or videos either through e-mail, our blog or our social media pages. You agree that any submissions of content you make to the Website or any of LSL’s social media pages: (i) will be truthful, accurate and complete; (ii) will not disparage any third party, including without limitation LSL; (iii) will not infringe on a third party’s intellectual property rights or injure a third party; and (iv) that you have the right to make said submissions. Although we have no obligation to monitor, evaluate or remove content, LSL has the right, in its sole discretion, to remove any content it determines is unlawful, inappropriate or possibly violates any third party’s intellectual property without notice to you. Please also see applicable provisions below. For any submission of a creative nature, including photographs, videos, drawings and other content, you hereby grant LSL and any related parties an irrevocable license to use any such submission without any compensation whatsoever to you and without prior permission from you. You agree to indemnify us from use of same. You understand that any such submissions are not confidential.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”)
Notice Requirements: If you believe that material found on a website operated by LSL infringes a copyright, you may send a notice of infringement via e-mail or in writing using the contact information found at the bottom of this Agreement. You must include all of the following required information in order for us to evaluate your claim:
- A signature of a person authorized to act on behalf of the intellectual property owner whose right has been allegedly infringed upon – signatures may be provided electronically by typing your name;
- A description in sufficient detail of the work allegedly infringed upon;
- Identification of the allegedly infringing material on the website including the specific location of the material;
- The name of the intellectual property owner, and contact information for the notifying party including name, address, telephone number and email address;
- A statement that the notifying party has a good faith belief that the material is not authorized for use by the intellectual property owner, its agent or the law; and
- A statement that the information provided in the notice is accurate, and under penalty of perjury, that the notifying party is authorized to make the complaint on behalf of the copyright owner.
If you misrepresent that material is infringing, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether the material is infringing, please contact an attorney before submitting a notice.
Counter-Notice Requirements: If you have a good faith belief that material removed or disabled as a result of a notice of copyright infringement to LSL was done so in error, you may send a counter notice to LSL using the contact information found at the bottom of this Agreement. You must include all of the following required information:
- Your signature, which may be provided electronically by typing your name;
- Identification of the material that has been removed or to which access has been disabled;
- A statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Your name, address, telephone number and email address, and a statement that you consent to the jurisdiction of the federal court in Orange County, CA and that you will accept service of process from the person who provided the original notification or an agent of such person.
If you misrepresent that material is not infringing, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not the material is infringing, please contact an attorney before submitting a counter-notice.
Please note that any person who knowingly materially misrepresents information herein (whether in relation to a notice or counter-notice) may be subject to liability under the Copyright Act.
LINKS TO OTHER WEBSITES
As noted above, the Website may include some links to third party websites, not related to LSL. We are not responsible for, nor do we endorse or have any control over, the content found on any such third party website. We do not verify information on other linked sites, and we cannot make any representations whatsoever about the content or warranties or security of the other websites, and recommend you carefully read their website terms and conditions and privacy policies before use. We assume no liability or responsibility whatsoever for use of any other websites, so it is important for you to research them yourself. We have no control over, and will not be liable for, the information and/or experience you encounter once you leave our Website.
MAKING PAYMENTS AND SUBMITTING INFORMATION VIA THE WEBSITE
DISCLAIMERS AND LIMITATIONS ON LIABILITY
USING THIS, OR ANY OTHER LSL WEBSITE, IS DONE AT YOUR OWN RISK. THE WEBSITE, AND ALL FEATURES THEREOF, ARE PROVIDED “AS AVAILABLE” AND “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LSL DOES NOT MAKE ANY REPRESENTATIONS OR WARRANT ANY RESULTS UPON USE OF THE CONTENTS ON THE WEBSITE (INCLUDING THAT IT IS FREE OF VIRUSES OR HARMFUL ELEMENTS) OR ANYTHING ELSE FOUND ON THE WEBSITE IN TERMS OF RELIABILITY OR ACCURACY. NO WARRANTIES OF ANY KIND ARE MADE REGARDING YOUR USE OF THE WEBSITE OR ITS CONTENT AND/OR INFRINGEMENT OF ANY THIRD PARTY’S RIGHTS.
LSL IS NOT RESPONSIBLE FOR OMISSIONS OR ERRORS CONTAINED ON THE WEBSITE, AND YOU AGREE TO ASSUME ALL RESPONSIBILITY, INCLUDING WITHOUT LIMITATION COSTS, FOR YOUR USE, INCLUDING ANY NECESSARY SERVICING, CORRECTION OR REPAIR. WE CANNOT GUARANTEE THE UNINTERRUPTED USE OF OUR WEBSITE, NOR THE PROPER USE OR FUNCTIONING OF OUR WEBSITE ON YOUR COMPUTER OR OTHER DEVICE, OR YOUR INTERNET. PLEASE NOTE SOME OF THE ABOVE DISCLAIMERS AND WARRANTIES MAY NOT APPLY TO YOU BASED ON YOUR JURISDICTION’S APPLICABLE LAWS.
LSL, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, RELATED ENTITIES, CONTENT PROVIDERS, LEGAL AND OTHER ADVISORS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES FOR ANY REASON ARISING OUT OF YOUR USE OF, OR THE INABILITY TO USE THE WEBSITE; THIS INCLUDES CONTENT AND DOWNLOADS; AND THIS APPLIES EVEN IF LSL OR ITS AGENTS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, LSL WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES THAT EXCEED THE AMOUNT PAID TO LSL, IF ANY, FOR PRODUCTS OR SERVICES PURCHASED.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS, LSL, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AFFILIATES, LEGAL AND OTHER ADVISORS, FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, CLAIMS AND DAMAGES, INCLUDING COSTS, REASONABLE ATTORNEYS’ FEES AND EXPENSES, AND LAWSUITS ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE FOR ANY PURPOSE, INCLUDING, BUT NOT LIMITED TO, ILLEGAL PURPOSES OR MISUSE OF THE WEBSITE.
GOVERNING LAW / DISPUTES
THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAW PROVISIONS. ANY CONTROVERSY OR CLAIM RELATING TO THE WEBSITE, ITS CONTENTS OR THIS AGREEMENT, NOT OTHERWISE RESOLVED BY YOU AND LSL, SHALL BE SETTLED EXCLUSIVELY THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH ARBITRATION WILL BE CONDUCTED IN A PLACE CLOSE IN PROXIMITY TO LSL’S HEADQUARTERS IN ORANGE COUNTY, CALIFORNIA. ACCORDINGLY, YOU HEREBY SUBMIT TO PERSONAL JURISDICTION IN ORANGE COUNTY, CALIFORNIA; AND YOU ALSO ACKNOWLEDGE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF ANY MATTER RELATING TO THE WEBSITE, ITS CONTENT OR THIS AGREEMENT, MUST BE BROUGHT WITHIN ONE YEAR AFTER ACCRUAL OF INCIDENT OR CLAIM, OR WILL BE BARRED FOREVER AFTER. LSL, HOWEVER, MAY INITIATE LEGAL PROCEEDINGS IN THE JURISDICTION OF ITS CHOICE TO SEEK AN INJUNCTION, RECOVER DAMAGES, ETC. RELATING TO YOUR USE OF THE WEBSITE, IF APPLICABLE.
You can terminate this Agreement at any time by ceasing to use the website. LSL may, for whatever reason, in its sole discretion, terminate this Agreement and deny you further access to the website. If this occurs, you agree to abide by our decision. Notwithstanding termination for any reason, you affirm that this Agreement applies to all uses prior to termination.
The headings of the different sections herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.
If any part or parts of this Agreement (including all Terms and Conditions, Privacy and other policies) shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be accordingly limited.
NO IMPLIED WAIVER
If we do not take action against you for violation of any provision(s) herein, this does not mean we are waiving or giving up any of our rights in this Agreement.
We may assign our rights and obligations under this Agreement at any time, in whole or in part, without notice to you. You may not assign your rights and obligations under this Agreement without our prior written consent.
Unless otherwise indicated herein, this Agreement contains the entire understanding between you and LSL relating to your use of the Website. The terms and conditions herein shall inure to the benefit of and be binding upon both of us, our representatives, successors and permitted assigns.
Lance, Soll & Lunghard, LLP (“LSL”)
203 No. Brea Blvd., Suite 203
Brea, CA 92821
Tel. (714) 672-0022
Fax. (714) 672-0331
E-mail: [email protected]
We are only responsible for communications as follows: for e-mails when you have a confirmed receipt or response from us, or a confirmation number if you called, or have sent us notice via the US Postal Service with a tracking number and delivery notification, or have sent us a fax with confirmed receipt of delivery.
We appreciate your cooperation.
© 2020 Lance, Soll & Lunghard, LLP. All Rights Reserved.