SITE USERS AGREE TO THESE TERMS
Last Updated: November 15, 2015
By accessing or using the Site in any way, including using the data, text, reports, images, templates, agreements, videos, downloads, code, sound files, documents, forms, and other materials and information made available or enabled via the Site (the “Materials“), clicking on any buttons or links on the Site, and/or browsing the Site, you agree to follow and be bound by these Terms.
These Terms govern (1) the Materials made available or enabled via the Site; (2) the nature of the relationship between you and Landlord Prep, Cabri Media, and all other persons or entities under common ownership or having an affiliate relationship therewith (collectively, “Website Operator“); (3) certain other matters of professional responsibility; and (4) your use of this Site, the Materials, and related systems. If you do not agree to these Terms, you may not access or use the Site.
The Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
1. No Legal or Financial Advice. The Site is an online portal that provides users with general legal information, educational materials and access to certain self-help, “fill in the blank” forms and templates (the “Forms“). The Site is not intended to constitute specific legal or financial advice or to be a substitute for advice from qualified counsel or financial advisors. Any opinions expressed on the Site are the opinions of the particular author and may not reflect the opinions of Website Operator. Without limiting the foregoing, the Site may not reflect recent developments in the law, may not be complete, and may not be accurate in or applicable to your jurisdiction. Because the Site is general in nature and may not pertain to your specific circumstances, you should not act or refrain from acting based on any Materials without first obtaining advice from professional counsel or financial advisors qualified in the applicable subject matter and jurisdiction.
2. No Attorney-Client or Advisor-Client Relationship. You agree that your access and use of the Site, or your transmission of e-mails or contact inquiries to addresses or through contact forms on the Site, does not create an attorney-client or advisor-client or agency relationship between you and Website Operator. You should not send any confidential or personal information in connection with your use of the Site. Such responses will not create an attorney-client or advisor-client or agency relationship, and whatever you disclose to us will not be privileged or confidential, and such communication may not receive a response from us, nor should you expect a response. You agree that Website Operator is under no obligation to respond to communication from you or other users of the Site.
3. Other Matters of Professional Responsibility.
3.1 No Advertising or Solicitation. The Site is not intended to be an advertisement or solicitation for legal or financial services, but may be deemed an ADVERTISEMENT in certain jurisdictions. Under some state ethics and professional responsibility rules and laws, the content of the Site might contain advertising. Prior results do not guarantee a similar outcome. Each representation has unique facts and circumstances that may impact results.
3.2 Sensitive Communications. You agree that e-mail sent by you to the Site or Website Operator will not treated as confidential or invoke an attorney-client or other privilege. You acknowledge that e-mail and the Internet are generally insecure media of communication, and Website Operator cannot guarantee the confidentiality of any e-mail sent to or received by it or any information submitted by you to Website Operator through the Site.
3.3 Principal Office. Website Operator has headquarters in Los Angeles County, California.
4. Ownership. You acknowledge that the Site is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media and technologies now existing or hereafter developed. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Site or Materials. You are granted a limited, non-sublicensable license to access and use the Site and electronically download (except where prohibited without a license) and print to hard copy portions of the Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and does not include: (1) any resale or commercial use of the Materials or Site or Site access; (2) the distribution, public performance or public display of all or any portion of the Materials or Site; (3) modifying or otherwise making any derivative uses of the Materials or Site; (4) use of any data mining, robots or similar data gathering or extraction methods; (5) downloading (other than the page caching) of any portion of the Site, except as expressly permitted on the Site; (6) making any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (7) using any automatic or manual process to harvest information from the Site; or (8) any use of the Site for other than its intended purpose. Unless expressly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
4.1 Use of Legal Forms. You understand that download and/or use of Forms is neither legal advice nor the practice of law, and that each Form and any applicable instruction or guidance is not customized to your particular needs.
4.2 License to Use. Website Operator grants you a limited, personal, non-exclusive, non-transferable license to use our Forms for your own personal internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Materials or Forms.
4.3 Resale of Forms Prohibited. By downloading Forms, you agree that the Forms you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of Website Operator.
4.4 Linking and Framing. We prohibit the use of any links to the Site from any other websites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of the Site with any other website without our prior written permission.
5. Limited Permission to Download. Website Operator hereby grants you permission to download, view, copy and print the Forms solely for your personal, informational, non-commercial use, provided that (1) where provided, the copyright and trademark notices appearing on any Materials and Forms not be altered or removed, (2) the Materials and Forms are not used on any other website or in a networked computer environment, and (3) the Materials and Forms are not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the provisions of these Terms. Any unauthorized use of the Site may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes. Website Operator does not grant you any rights in its trademarks.
6. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOUR USE OF THE SITE, INCLUDING THE FORMS AND MATERIALS, IS AT YOUR SOLE RISK, AND THE SITE, INCLUDING THE FORMS, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WEBSITE OPERATOR AND AFFILIATES, PARTNERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “WEBSITE OPERATOR PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATED TO THE SITE, INCLUDING THE FORMS, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABIILTY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. The Forms may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Forms are only educational in nature and of general application and may not be applicable to or appropriate for a particular situation.
7. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ANY OF THE WEBSITE OPERATOR PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THE SITE WHETHER OR NOT WEBSITE OPERATOR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE CUMULATIVE LIABILITY OF THE WEBSITE OPERATOR PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED FIFTY DOLLARS ($50), AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST THE WEBSITE OPERATOR PARTIES.
8. Indemnification. You agree to make the Website Operator Parties whole for any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site or any violation of these Terms.
9. Responsibility for User Content.
9.1 Types of Content. You acknowledge that you, and not Website Operator, are entirely responsible for all information, data text, messages and/or other materials (“Content“) that you upload, post, e-mail, transmit or otherwise make available (“Make Available“) through the Site (“Your Content“), and other users of the Site, and not Website Operator, are similarly responsible for all Content they Make Available through the Site.
9.2 No Obligation to Pre-Screen Content. You acknowledge that Website Operator has no obligation to pre-screen Content (including but not limited to Your Content and User Content), although Website Operator reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text or voice communications. In the event that Website Operator pre-screens, refuses or removes any Content, you acknowledge that Website Operator will do so for Website Operator’s benefit, not yours. Without limiting the foregoing, Website Operator shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
9.3 Storage. Website Operator has no obligation to store any of Your Content that you Make Available on the Site. Website Operator has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage or transmission of other communications originating with or involving use of the Site.
10. Acceptable Use Policy. As a condition of use, you agree not to use the Site for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third party) (1) take any action or (2) Make Available any Content on or through the Site that: (a) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (b) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (c) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (d) involves commercial activities and/or sales without Website Operator’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (e) impersonates any person or entity, including any employee or representative of Website Operator; (f) interferes with, or attempts to interfere with, the proper functioning of the Site or uses the Site in any way not expressly permitted by the Terms; or (g) attempts to engage in, or engages in, any potentially harmful acts that are directed against the Site, including but not limited to violating or attempting to violate any security features of the Site, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the Site, introducing viruses, worms, or similar harmful code into the Site, or interfering or attempting to interfere with use of the Site by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Site.
11. Dispute Resolution.
11.1 Arbitration. Any claim or dispute (including whether the claims asserted are arbitrable but excluding claims for injunctive or other equitable relief as set forth below) arising out of or related to this Agreement or your use of the Materials shall be referred to and finally determined by binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA“). As modified by the Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules. Notwithstanding the foregoing, Website Operator may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
11.2 Rules. You and Website Operator must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR WEBSITE OPERATOR MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Website Operator will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (4) Website Operator also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for the purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by applicable law.
11.3 Proceedings and Award. The arbitral proceedings, and all pleadings and written evidence will be in the English language. Any written evidence originally in a language other than English will be submitted in English translation accompanied by the original or true copy thereof. The English language version will control. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator will not have authority to award damages in excess of the amount, or other than the types, allowed by Section 7 of the Terms. Judgment on the award of the arbitrator may be entered by any court of competent jurisdiction. The arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of the Terms, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by California law or United States federal law.
Notwithstanding the foregoing, either you or Website Operator may bring an individual action in small claims court. Such claims shall be exclusively brought in the state or federal courts located in San Diego County, California. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in San Diego County, California, in order to maintain the status quo pending arbitration, and each party hereby agrees to submit to the exclusive personal jurisdiction of the courts located within San Diego County, California, for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
11.4 With the exception of subsections 11.2(1) and 11.2(2) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subsection 11.2(1) or 11.2(2) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Website Operator shall be entitled to arbitration. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in San Diego County, California. By using the Site in any manner, you agree to the above arbitration provision.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
11.5 Governing Law. The Terms, and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
12.1 Termination. Notwithstanding any of these Terms, Website Operator reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to the Site.
12.2 Submissions. You acknowledge and agree that any questions, comments, suggestions, feedback, ideas or other information or materials regarding the Site (the “Feedback“) that is provided by you in the form of e-mail or other submissions to Website Operator, or any postings on the Site, are (as between you and Website Operator) non-confidential and shall become the sole property of Website Operator. Website Operator shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
12.3 IRS Circular 230. Any discussion of U.S. tax matters contained herein (including any Materials available at the Site) is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or other matter. The foregoing language is intended to satisfy the requirements under the regulations in Section 10.35 of Circular 230.
12.5 Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
12.6 Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
12.7 Export Control. You may not access, download, use or export the Site in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries in their nationals or used for any prohibited purpose.
12.8 Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersede and merge all prior discussions between the parties with respect to such subject matter.
B. A Note About Children. We do not intentionally gather Personal Data from visitors who are under the age of 13. If a child under 13 submits Personal Data to Website Operator and we learn that the Personal Data is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data from a child under 13, please contact us at the address above.
D. Types of Data We Collect. “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.
i. Information You Provide to Us.
We may collect Personal Data from you, such as your first and last name, e-mail, mailing address, and phone number.
If you provide us feedback, post an event or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the form, in order to send you a reply.
We may also collect Personal Data at other points in the Site that states that Personal Data is being collected.
ii. Information Collected via Technology.
Information Collected by Our Servers. To make our Site more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP“) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
Do Not Track Browser Setting. Some or all of our pages are not enabled to respond to “do not track” signals from web browsers.
Pixel Tags. We may use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of Web users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in Web pages. Pixel Tags allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to a user.
iii. Collection of Data by Advertisers. We may use third parties to serve ads on the Site or collect personally identifiable information about your online activities over time and across different websites.
E. Use of Your Personal Data
i. General Use. In general, Personal Data you submit to us is used to respond to requests that you make. We use your Personal Data in the following ways:
provide improved administration of the Site;
improve the quality of experience when you interact with the Site;
send you follow-up communications when you contact us via e-mail, submit feedback, or post an event; and
send you administrative e-mail notifications, such as updates regarding the Site, security, or support and maintenance advisories.
ii. Creation of Anonymous Data. We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of, and improve navigation on, the Site. We reserve the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in our sole discretion.
iv. Third Party Service Providers. We may share your Personal Data with third party service providers to: provide you with the Materials; to conduct quality assurance testing; to provide technical support; and/or to provide other services to Website Operator.
G. Your Choices Regarding Information. You have several choices regarding the use of information on the Site:
ii. Cookies. If you decide at any time that you no longer wish to accept Cookies from the Site for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions, or all functionality, of the Site. If you have any questions about how to disable or modify Cookies, please let us know at the contact information provided above.
iii. Changing or Deleting Your Personal Data. Personal Data submitted may be retained indefinitely. You may request deletion of your Personal Data by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives.