TERMS OF USE

Access to the Coblentz Patch Duffy & Bass LLP (“CPDB”) website at www.coblentzlaw.com and any CPDB Blogs (collectively, the “Websites” or “Sites”) and use of any materials on this Website are subject to the following terms and conditions.  By using the Websites, you indicate your acceptance of these Terms of Use.  If you do not agree to these Terms of Use, you should not access or use the Websites.

 

Coblentz Patch Duff & Bass LLP reserves the right, in its sole discretion, to change, modify or otherwise update these Terms of Use at any time, or to impose new conditions.  Such changes, modifications, updates or additions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting on the Websites, or by electronic or conventional mail, or by any other means by which you obtain notice thereof.  Your use of the Websites after such notice shall be deemed to constitute your acceptance of such changes, modifications, updates or additions. Coblentz Patch Duffy & Bass may change, suspend or discontinue any aspect of the Websites at any time, including the availability of any feature or content.  Coblentz Patch Duffy & Bass may also impose limits on certain features and services or restrict your access to parts or the entire Websites without notice or liability.

 

LEGAL NOTICES

The Coblentz Patch Duffy & Bass Websites are provided to present general and educational information to our clients and the general public and does not constitute legal advice.  Our operation of the Websites is not intended to create and will not create an attorney-client relationship with you.  We will not undertake representation of you until, among other things, we have confirmed that doing so will not create a conflict of interest.  You should not send us any confidential information without first contacting one of our attorneys and receiving written confirmation that we may represent or advise you.  Our receipt of unsolicited confidential information will not disqualify us from representing another party in any matter to which the information relates, and we will have no duty to keep any such unsolicited information confidential prior to the formation of an attorney-client relationship.  The information presented on the Websites may be considered attorney advertising in some jurisdictions.

 

Although the information on the Websites is intended to be current, complete and accurate, we make no representations that it shall be current, compete and accurate.  We make no representations with regard to outcomes in any matters.  The information presented may not be complete or accurate depending upon the specific legal issues.  We reserve the right to edit or delete any materials from the Websites at any time.

 

Prior results do not guarantee similar outcomes.  You should not take, or refrain from taking, any legal action based upon the information contained in the Websites without first seeking professional counsel.

 

USE OF MATERIALS LOCATED ON THE WEBSITES

All materials on the Websites are copyrighted by and all trademarks and logos are owned by Coblentz Patch Duffy & Bass LLP.   Coblentz Patch Duffy & Bass grants you a non-exclusive, non-transferable, revocable license to use and access the Websites in accordance with the terms of this Agreement; to use the Websites for your internal, personal, non-commercial purposes; and to make copies of materials on the Websites for your internal, personal, non-commercial use.  Your use of the Sites or any materials from the Sites for commercial purposes, or in any way that infringes on the copyright or other proprietary right of any third party, or in any manner other than as provided above without the express permission of Coblentz Patch Duffy & Bass LLP is prohibited.

 

COPYRIGHT VIOLATIONS 



Coblentz Patch Duffy & Bass LLP respects the intellectual property rights of others. If you believe that your work has been copied on our Sites in a way that constitutes copyright infringement, please provide Coblentz Patch Duffy & Bass’s Copyright Agent with the information specified below in the form of a “Notification of Alleged Infringement.” It is Coblentz Patch Duffy & Bass’s policy to respond to clear Notifications of Alleged Infringement.

 

DMCA NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT

If you would like to submit a claim of copyright infringement, please substantiate each claim by sending Coblentz Patch Duffy & Bass’s registered Copyright Agent a Notification of Claimed Infringement at the email or mailing address below:

 

Copyright Agent

Karen Frank

Coblentz Patch Duffy & Bass LLP

One Montgomery Street, Suite 3000

San Francisco CA  94104

kfrank@coblentzlaw.com

 

To be considered effective, a Notification of Alleged Infringement must be submitted in writing and include the following information:

 

(a) Physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.

(b) Identification of the copyrighted material claimed to have been infringed.

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled.

(d) Information reasonably sufficient to permit Coblentz Patch Duffy & Bass  to locate the material that is claimed to be infringing or to be the subject of infringing activity.

(e) Information reasonably sufficient to permit Coblentz Patch Duffy & Bass  to contact you, such as a physical address, email address, and telephone number.

(f) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(g) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

DMCA COUNTER-NOTIFICATION

If you elect to send us a Counter-Notification, please send an email or letter to Coblentz Patch Duffy & Bass LLP’s registered Copyright Agent noted above.  To be considered effective, a Counter-Notification must be submitted in writing and include the following information:

 

(a) Physical or electronic signature of the user or a person authorized to act on behalf of the user.

(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

(c) A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

(d) The user’s name, address, and telephone number, and a statement that the user consents to the jurisdiction of the County of Alameda, State of California and that the user will accept service of process from the person who submitted the Notification of Claimed Infringement or an agent of such person.

 

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are repeat infringers.

 

INDEMNIFICATION

You agree to indemnify, defend and hold Coblentz Patch Duffy & Bass LLP, and our partners, members, associates, agents, attorneys, employees, subcontractors, successors, assigns, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, claim, loss, and expense related to your violation of this Agreement or use of the Site.

 

LIMITATION OF LIABILITY

Coblentz Patch Duffy & Bass LLP and our Affiliated Parties shall not be liable for any liability, claim, loss, injury, 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.

 

ENFORCEABILITY AND TERMINATION OF AGREEMENT

If any provision of this agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use, together with any other terms, conditions or policies set forth elsewhere in the Websites and our Privacy Policy, constitute the entire agreement between you and Coblentz Patch Duffy & Bass LLP in connection with your access and use of the Websites.

 

JURISDICTION AND CHOICE OF LAW

You expressly agree and personally submit to the exclusive jurisdiction of the courts of appropriate subject matter jurisdiction in the State of California, to adjudicate and resolve any dispute with  Coblentz Patch Duffy & Bass LLP,  its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Content providers or in any other way relating to the Site.  Venue for any such adjudication shall be in San Francisco, California.

 

These Terms of Use are governed by the substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. We may modify these Terms of Use, including our Privacy Policy, at any time and although we will generally try and provide at least 30 days’ advance notice of the effective date of any material modification, if we do not provide advance notice, the modification will take effect when we post the change on our Site.

 

COMPLETE AGREEMENT



These Terms of Use, including our Privacy Policy, constitute the entire agreement between you and Coblentz Patch Duffy & Bass LLP regarding the Site and supersede any and all other terms, representations, promises or discussions. Only Coblentz Patch Duffy & Bass LLP has the authority to agree to amendments to these Terms of Use, and to be considered binding, any amendments must be in writing and executed by Coblentz Patch Duffy & Bass LLP.

 

Questions or comments regarding this Site, including reports of non-functioning links, should be submitted to info@colblentzlaw.com  or via U.S. mail to:

 

Coblentz Patch Duffy & Bass LLP

One Montgomery Street, Suite 3000

San Francisco CA  94104

 

COBLENTZ PATCH DUFFY & BASS LLP MAY REVISE THESE TERMS OF USE AT ANY TIME BY UPDATING THIS POSTING.

 

May 2016