Terms & Conditions of Use

 

(LAST UPDATED: April 3, 2022)

 

1. For Informational Purposes Only

 

​The materials on this website are intended for informational purposes only. They are not intended to be, nor should they be interpreted as, advertising, solicitation, legal advice or opinion.

 

2. Acceptance of Terms

 

By using this website, you agree to these terms of use and to any additional rules and guidelines that we post on this website.  Do not use this website if you do not agree to the terms of use, rules and guidelines posted by April M. Strauss, A PC (hereinafter also referred to as “Law Offices of April M. Strauss,” “we,” or “us”).  The term "you" refers to anyone who uses, views, or otherwise accesses this website.

 

We may make changes to these terms from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement on this website.  You can determine when we last changed these terms by referring to the “LAST UPDATED” date above.  Your use of this website following changes to these terms will constitute your acceptance of those changes.  Changes are effective upon posting.

 

Please review our Attorney Advertising Disclosure which can be found at this link.

 

3. Use in Other Jurisdictions

 

Although this website may be viewed from any state in the United States of America and territories, as well as various countries, our attorneys practice primarily in the State of California, United States of America. Other jurisdictions may have laws and regulations which differ substantially from those of California.

 

This website may not be appropriate or available for use in some jurisdictions outside of the United States.  If you access this website, you do so at your own risk, and you are responsible for complying with all local laws, rules, and regulations regarding your use of this website and its contents.  We may limit this website’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.

 

4. Website Use

 

You may use this website for personal, non-commercial, and informational purposes only.  Solely in accordance with the terms of these Terms of Use, and subject to these Terms, you may (a) access and use this website and its materials, and (b) make a reasonable number of prints, downloads, and copies of particular pages, discrete information, or documents made available on this website.  However, you must maintain all copyright and other notices in any print outs or downloads, include full attribution to April M. Strauss, A PC, and you may not change downloaded content.  Other uses, including but not limited to commercial uses, are prohibited.

 

Permission to use this website requires your compliance with all applicable laws, rules, and regulations.  In addition you may NOT engage in any of the following conduct:

 

•  Impersonate or misrepresent your affiliation with any person or entity in connection with this website;

•  Express or imply that we endorse any statement you make;

 

•  Transmit or otherwise make available in connection with the website any virus, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;

 

•  Restrict or inhibit any other person from using the website (including without limitation by hacking or defacing any portion of it);

 

•  Reproduce, copy, sell, resell, rent, create derivative works from, or otherwise exploit for any commercial purposes, any portion of, use of, or access to this website;

 

•  Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of this website;

 

•  Remove any copyright, trademark, or other proprietary rights notice from this website or materials originating from this website;

 

•  Frame or mirror any part of this website;

 

•  Create or add to any database, or anything substantially similar, by systematically downloading and storing information from this website;

 

•  Use any automatic or manual process to harvest information from the website - no “scraping”;

 

•  Use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial e-mail; e-mail that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions;

 

•  Use the website in a manner that violates any state or federal law regulating e-mail, facsimile transmissions or telephone solicitations;

 

•  Use any content and materials from the website in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; and/or

 

 

•  Export or re-export the website or any portion thereof, or any software available on or through the website, in violation of the export control laws or regulations of the United States.

 

Notwithstanding the foregoing, the operators of public online search engines may reproduce materials from this website to the extent necessary solely in connection with each operator’s public online search service.  We reserve the right to revoke these exceptions either generally or in specific instances.

 

Any rights not expressly granted herein are reserved.  No part of the website or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

 

5. Linking to the website

 

You may link to this website, if (a) you do not remove or hide, the copyright notice or other notices on this website, (b) your site does not engage in activities that are illegal, pornographic or relate to gambling activities, and (c) you remove any links to this website immediately upon request by us.  Any framing or mirroring of this website is prohibited.  No tags, visible or otherwise, may be used that include the name of this firm, or any of its attorneys, without prior permission from us.

 

6. Errors, Corrections and Changes

 

Despite our efforts, the information on this website may occasionally be inaccurate, incomplete, or out of date.  We do not represent or warrant that the website will be error-free, free of viruses or other harmful components, or that defects will be corrected. We may make changes to the features, functionality or content of this website at any time. We reserve the right in our sole discretion to edit or delete anything appearing on this website.

 

7. Use of Information/Privacy Policy

 

Use of all information generated by your use of this website or information provided by you, including but not limited to metadata, information available from your internet browser, and content you provide is governed by our Privacy Policy.  All uses by us of your information, including personal information, are allowed if consistent with that Privacy Policy.  Our Privacy Policy, as it may change from time to time, is a part of these Terms of Use. You may review our Privacy Policy by clicking on this link.  We strongly encourage you to read it.

By submitting your email address to this site, you agree to receive an email from us. You can cancel your participation in any email service at any time by clicking the opt-out link or other unsubscribe option that is included in the respective email. We only send emails to people who have authorized us to contact them direct or through a third party. We do not send unsolicited commercial emails.

By submitting your email address or telephone number on this site and/or registering to receive the information or services offered, you agree such act constitutes an inquiry or an application under the American Telemarketing Sales Rule (ATSR), 16 CFR 310 et seq. and any applicable state and local "do not call" regulations.

 

8. Links to other websites

 

We are not responsible for the content, accuracy or opinions express in third-party websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us.  We assume no responsibility for computer viruses or other malware resulting from use of our website or any sites to which we may link.  Our terms and policies, including but not limited to our Terms and Conditions, Privacy Policy, Cookie Disclosure and Attorney Advertising Disclaimer, do not govern any third-party website to which we may be linked.

 

9. Indemnity

 

Except as may be prohibited under applicable law, you agree to defend, indemnify and hold us or our shareholders, members, associates, agents, affiliates, attorneys, employees, officers, subcontractors, successors or assigns harmless from all claims, losses, costs, and expenses (including attorneys’ fees) arising out of you use of, or actions in connection with, this website or any violation of this Agreement by you.

 

10. Miscellaneous

 

This Agreement shall be treated as though it were executed and performed in Mountain View, 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 this website 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 this Agreement. 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 this website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.  Notices to you may be made via posting to this website, by email, or by regular mail, in our discretion.  These Terms and any additional terms we post to this website, including our Privacy Policy, Attorney Advertising Disclosure and Cookie Disclosure, along with any other terms and policies posted on this website, constitute the entire agreement between you and us regarding your use of this website and supersedes any prior or contemporaneous oral or written agreements between you and us regarding such use.

 

Our rights under this Agreement shall survive any termination of this Agreement.

 

11. Copyright

 

The contents of this website are under the protection of copyright.  Some of the content on this website may be the copyrighted work of third parties.  Except as provided in Section 4, all rights are reserved.  The permissions extended in Section 4 do not extend to the copyrighted works of third parties that may appear on this website.  All text, images, screens and other materials provided on this website (collectively, the "content") are owned by April M. Strauss, A PC unless otherwise attributed to third parties.

 

12. Trademark Notice

 

Numerous trademarks, service marks and logos may be used on this website. All trademarks and service marks on this website not owned by us are the property of their respective owners.  Their use is solely for production identification and informational purposes. Nothing on this website has been authorized or approved by any of the trademark owners.  You may not use our trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion.  Nothing contained on this website should be construed as granting any license or right to use any trademarks or service marks without express prior written consent of the owner.

 

13. Termination

 

We may, at any time for any reason and without notice, modify or discontinue all or part of this website; refuse to provide any user with access to this website or any part; or offer opportunities to some or all users. Our rights under this Agreement remain in force notwithstanding any termination of this Agreement.

 

14. No Warranties

 

THIS WEBSITE, INCLUDING THE INFORMATION PROVIDED THROUGH THIS WEBSITE, IS PROVIDED "AS IS" AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE, OR TITLE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN, OR RELIANCE ON, THE INFORMATION IN THIS WEBSITE. THE DOWNLOADING OR OBTAINING OF MATERIALS THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.  WE MAKE NO REPRESENTATION THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THIS WEBSITE.

 

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES, ANY MALWARE OR OTHER HARMFUL COMPONENTS FROM THE USE OF THIS SITE, OR CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

 

15. Limitations of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL April M. Strauss, A PC and/or its shareholders, members, associates, agents, affiliates, attorneys, employees, officers, subcontractors, successors or assigns, BE LIABLE FOR ANY LOSS, CLAIM, DAMAGES OR INJURY OF ANY KIND OR UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS PROVIDED ON THIS WEBSITE, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN CERTAIN CIRCUMSTANCES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT THOSE LIMITATIONS OR EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW.

 

YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THIS WEBSITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THIS WEBSITE.

 

THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US 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 US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

 

16. Filtering.  Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.  Information identifying current providers of such protections is available at:  www.staysafeonline.org and www.commonsensemedia.org.  Please note that we do not endorse any of the products or services listed at these sites.

 

17. Ability to Enter Into This Agreement

By using the Site, you affirm that you are of legal age to enter into this Agreement.  The Site is not intended to be used, viewed or accessed by individual under the age of 18.

 

18. Contact Us

If you have any questions regarding the meaning or application of this Agreement, please direct such questions to admin@calprivacy.com.  Email communications are not necessarily secure, so please do not include sensitive information in any email to us. We can also be reached at

 

Website Administrator

April M. Strauss, A Professional Corporation

2500 Hospital Drive, Bldg. 3

Mountain View, CA  94040

 

All headings and sections titles are for ease of reading only and shall have no legal effect.