The Computer and Internet Law Blog

Computers, the Internet, and Their Legal Implications on Businesses

Terms of Use

Please review the following Terms of Use. Your continued use of this site signifies your assent to these Terms. If you do not assent to these Terms, please refrain from using this site. As always, please do not hesitate to contact me via e-mail at hchiuesq@gmail.com if you have any questions or concerns.

General Information Only

This site discusses recent legal trends and issues pertaining to the use of computers and the Internet. It is intended for general informational purposes only. It does not comprise legal, professional or business advice, and should not be taken as a substitute for such. The contents of this site are not guaranteed to be complete, correct or up-to-date. While I will update this site from time to time, its contents may not reflect the most recent legal developments, or cover the nuances of your particular circumstances or jurisdiction.

If you have any questions regarding these the contents of this site, either in general or as applied to your particular circumstances, you should consult a qualified attorney in your jurisdiction.

The opinions and thoughts expressed in this site are mine alone, and do not necessarily reflect the opinions or thoughts of Kimble MacMichael & Upton, or any other person or entity.

Use of Site Contents

You may view, download, and/or print the contents of this site subject to the following conditions:

You may use the contents of this site for personal and information purposes only;

You may link to this site, or to any particular post or article posted herein, provided that you identify this site in the link by including the phrase “Computer and Internet Law Blog”;

However, you may not frame, or utilize any framing technique, RSS feed or sub-feed, to enclose any content or other proprietary information (including images, text, page layout, or form) of this site without my express written consent; and

You may not republish, distribute, prepare derivative works from, or otherwise use the content of this site except as expressly permitted above.

No Creation of Attorney-Client Relationship

Using this site, posting comments on it, or contacting me through it, does not create an attorney-client relationship between you and I. Unless I have expressly agreed – in writing – to represent you, all e-mails and other communications sent to me through this site, or by any other method, are not deemed confidential, and may be subject to discovery or other disclosure.

License for Posted Comments

By posting any communication, information, comment or other material on this site, you automatically grant me a fully paid up, royalty-free, unrestricted, non-exclusive, sublicensable, transferable, perpetual and irrevocable license to use, reproduce, modify, publish, edit, translate, distribute, display, perform, and create derivative works from your contribution in any forum, medium or technology (including, but not limited to, online and print publications, and podcasts).

I reserve the right to decline, edit, move or remove any comments for any reason whatsoever, including, but not limited to, those comments which I, in my sole discretion, determine to be repetitive, inappropriate or irrelevant to this site, or the topics discussed herein.

Third Party Websites and Content

This site provides various hyperlinks to third party websites. These websites are developed and maintained by third parties, and I have provided the links for your convenience only. I do not control, endorse, guarantee or make any representations concerning these websites, nor am I responsible in any way for the accuracy, completeness or correctness of their contents. You agree that you access these third party websites at your own risk, and that I shall not be liable for any loss or damage associated with your use thereof.

WARRANTIES

THE CONTENTS OF THIS SITE ARE PROVIDED ON AN ‘AS IS’ BASIS ONLY. I PROVIDE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, CONCERNING THESE CONTENTS (INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIALS, TEXT OR LINKS HEREIN). I ALSO DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY; DISCLAIMER OF DAMAGES

YOU USE THIS SITE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ITS CONTENTS, OR WITH THESE TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SITE. UNDER NO CIRCUMSTANCES WILL I BE LIABLE TO YOU, OR TO ANY OTHER PERSON OR ENTITY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES ARISING IN ANY WAY FROM YOUR USE OF THIS SITE (INCLUDING, BUT NOT LIMITED TO, DAMAGES PERTAINING TO LOST PROFITS OR BUSINESS INTERRUPTIONS, RESULTING FROM THE USE OR INABILITY TO USE THESE CONTENTS) WHETHER BASED ON CONTRACT, TORT, WARRANTY OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER OR NOT I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

You agree to defend, indemnify, and hold me harmless against any claims, actions or demands arising from your use of this site. In the event a claim is brought against me, I may retain counsel of my own choosing to defend against such the claim. You agree to reimburse me for all costs, settlements and/or damage awards incurred with respect to such retention and defense (including, but not limited to, court costs, expert witness fees and attorneys’ fees).

Applicable Laws and Jurisdiction

All matters pertaining to, or arising from, your access and use of this site shall be governed by the laws of the United States of America, and the State of California, without regard to any conflict of law provisions. The courts of the State of California shall have exclusive jurisdiction over all disputes concerning this site. By using this site, you submit to the personal jurisdiction of the courts of the State of California.

Written by CILaw

July 22, 2008 at 3:57 pm