All of the information and materials available at Cohenblg.com (the “Site”) are provided by the Cohen Business Law Group, apc (“CBLG”). The use of the Site by the user or browser (“you”) is subject to the following terms and conditions (this “Agreement”):
1. Acceptance of Agreement.
You agree to the terms and conditions set forth in this Agreement with respect to your use of the Site. Please review the following terms carefully. If you do not agree to these terms, you should not use the Site. This Agreement constitutes the entire and only agreement between you and CBLG, with respect to your use of the Site and it supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the subject matter of this Agreement.
CBLG reserves the right to change this Agreement at any time, effective immediately upon posting any such changes to this Agreement on the Site. Please check this page regularly for any changes. If you violate the terms of this Agreement, CBLG may terminate your right to any further use of the Site and may take any appropriate legal action against you.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 3 below, is strictly prohibited. You do not acquire ownership rights to any information, document or other materials posted on or viewed through the Site whether obtained via your web browser, download, responsive email or any other way. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the Site may be the copyrighted work of third parties and you agree to honor any and all such rights.
3. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site for internal, personal, non-commercial purposes. No portion of the Site may copied, sold, retransmitted or otherwise used by for any reason without the express written consent of CBLG in advance, including and in particular use in any litigation or arbitration matter whatsoever under any circumstances.
4. Restrictions and Prohibitions on Use.
5. Attorney Advertising; Outcomes Not Guaranteed
The contents of the Site constitute attorney advertising. Any mention of prior results do not guarantee a similar outcome. The choice of a lawyer is an important decision and should not be based solely upon advertisements.
6. Informational Purpose Only
The materials available on the Site have been prepared by CBLG for informational purposes only. The information provided on the Site is provided only as general information, which may or may not reflect the most current law, facts or developments in the law. The opinions expressed on or through the Site are the opinions of the individual author and may not reflect the opinions of CBLG or any individual attorneys of the CBLG.
7. No Legal Advice or Attorney-Client Relationship.
Information contained on or made available through the Site is not intended to, and does not, constitute legal advice, recommendations, mediation or counseling under any circumstance. The Site and your use thereof does not create an attorney-client relationship. Manatt does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk. You should not act or rely on any information on the Site without seeking the advice of a competent attorney licensed to practice in your jurisdiction for your particular problem. The information contained herein does not necessarily reflect the opinions of Manatt’s clients.
8. Forms, Agreements & Documents.
CBLG may make available through the Site sample forms, checklists, business documents and legal documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. WITHOUT LIMITING THE TERMS OF SECTION 12, THE DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH “ALL FAULTS”, AND CBLG AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate for your particular circumstances. Furthermore, in many instances, certain state laws in your state 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 Documents are only samples and may not be applicable to a particular situation.
9. Linking to the Site.
You may provide others with links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, the copyright notice or other notices on the Site, (b) your site does not engage in illegal or pornographic or otherwise objectionable activities in the sole judgment of CBLG, and (c) you discontinue providing links to the Site immediately upon request by CBLG.
10. Confidentiality; No Privilege is created.
You may use the Site to send e-mail to CBLG. However, if you communicate with CBLG via the Site in connection with a matter for which CBLG does not already represent you, you should not send CBLG any confidential or sensitive information and you understand that if you do so that we are not under any obligation to treat such information as privileged or confidential.
You agree to indemnify, defend and hold CBLG and CBLG’s partners, associates, Of Counsels, agents, attorneys, employees, subcontractors, successors, assigns, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Site.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. MANATT AND MANATT’S AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER, EXCEPT AS PROVIDED IN SECTION 13(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, CBLG AND CBLG’S AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MANATT AND YOU. THIS SITE AND THE INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MANATT THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
13. Limitation of Liability.
- (a) CBLG and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (i) any errors in or omissions from the Site or information obtained, (ii) the unavailability or interruption of the Site or any features thereof, (iii) your use of the Site, (iv) the content contained on the Site, or (v) any delay or failure in performance beyond the control of an Affiliated Party.
- (b) THE AGGREGATE LIABILITY OF CBLG AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST CBLG AND ANY AFFILIATED PARTY.
CBLG reserves the right, and you authorize CBLG, to the use any and all information obtained via your use of the Site and all information provided by you via the Site in any manner.
15. Copyrights and Copyright Agents.
CBLG respects the intellectual property of others and asks you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide CBLG with the following information via the Contact Us page of the site:
- a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- b. A description of the copyrighted work that you claim has been infringed;
- c. A description of where the material that you claim is infringing is located on the Site;
- d. Your address, telephone number, and e-mail address;
- e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. CBLG’s Copyright Agent for Notice of claims of copyright infringement on the Site can also be reached by directing an e-mail to the Copyright Agent at DMCA@Cohenblg.com or by facsimile at (310) 469-9610. Repeat infringement will not be tollerated.
16. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
This Agreement shall be treated as though it were executed and performed in Los Angeles, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 16 and Section 17. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision of this Agreement nor affect any of the rights or obligations of the parties to this Agreement. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed as much as possibly consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. CBLG’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. CBLG’s rights under this Agreement shall survive any termination of this Agreement or your right to use the Site.
Any legal controversy or legal claim arising out of or relating to this Agreement or the Site (excluding legal action taken by CBLG or you to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement), shall be settled solely by confidential binding arbitration before a single retired judge under the auspices of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in accordance with commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California. Each party shall bear one-half of the arbitration fees and costs incurred, and each party shall bear its own attorneys’ fees.