Date last updated: August 27, 2019
Before you access this website (the “Site”) or any of its content or features, please read these Terms of Use (“Terms of Use”), along with our Privacy Notice (hereby incorporated by reference into these Terms of Use) fully and carefully. By accessing or using any portion of the Site, you acknowledge that you have read and understood these Terms of Use, and agree that these Terms of Use will constitute the entire, exclusive agreement between you and Hopkins & Carley (“H&C” “we,” “us,” or “our”) with respect to:
- Your access and use of this Site or any of its features, including without limitation any email links or any articles, descriptions, forms or templates, documents, notices, or other written content (collectively, and together with the information contained therein, “Material”) found on the Site;
- Any and all rights or obligations relating to arising from the Site, the Material, and your access or use of the Site and Material, and any and all communications or transmissions of information made by (i) you to H&C, or (ii) H&C to you relating to or arising from your access or use of the Site or any of its features, until and to the extent that you are expressly informed otherwise by H&C or you and H&C have an operative, executed professional services agreement in place.
1. NOTICES
1.1. No Legal Advice, Opinion, or Services. The Site and the Material, including without limitation Material regarding legal issues and developments, is provided for general informational purposes only, and is not intended to, and does not, constitute legal advice, legal opinion, or legal services under any circumstances. Because legal advice cannot be given without consideration of all relevant information relating to your particular circumstances, you should never consider any Material a substitute for advice from qualified counsel or a basis for any decision, action, or inaction whatsoever. Further, H&C does not guarantee that any Material is accurate, comprehensive, or up-to-date, and expressly disclaims any warranties with respect to such Material. The Material may not reflect recent developments in the law or apply to your specific jurisdiction or set of facts or circumstances. Your use of any information contained in the Material is entirely at your own risk.
1.2. No Attorney-Client Relationship or Privilege. Your access to or use of the Site or any portion thereof, including but not limited to any Material or email links or other contact information listed for H&C attorneys, does not create an attorney-client relationship between you and H&C. Your transmission or communication of any information, whatever its nature, does not create an attorney-client relationship between you and H&C and does not invoke any attorney-client privilege. H&C only enters into attorney-client relationships after undertaking certain procedures unrelated to this Site, in accordance with its own policies and the rules and regulations of the California State Bar. These procedures may include, without limitation, a consultation that is understood and acknowledged by both parties to potentially lead to an attorney-client relationship, the consideration by H&C of potential conflicts of interest and professional responsibility, and the execution of a formal professional services agreement between the parties memorializing and outlining the scope of the attorney-client relationship. Further, because an attorney-client relationship will not result from any access or use of the Site by you or transmission or communication of information to H&C by you, such actions shall not prevent H&C from representing any other party, including without limitation any party with business or legal interests adverse to you.
1.3. No Confidentiality. You acknowledge and agree that, unless you are an existing client of H&C, any email, voicemail, telephone call, or other communication from you to H&C or any of its attorneys or other employees, whatever the nature of such communication, including, without limitation, communications for potential legal representation or to apply for a job, shall not be treated as confidential, other than as strictly required by applicable laws and regulations. If you are not already an existing client of H&C, you should not communicate or transmit to us any information of a sensitive, confidential, or proprietary nature, as H&C makes no guarantees or representations regarding the security, use, disclosure, or return of any information or communication received from you, absent an independent, explicit agreement between you and H&C. In any case, given the inherent insecurity of email communication and the Internet, H&C cannot guarantee, and assumes no responsibility for, the integrity or confidentiality of any unencrypted email you send to H&C, whether in connection with an existing attorney-client relationship or otherwise.
1.4. No Advertising or Solicitation. The Site, the Material, the attorney information, and any other content or information on the Site are intended and provided for general informational purposes only, and are not intended to be, and should not be interpreted as, advertising or solicitation.
1.5. No Guaranteed Outcomes. The Material may contain opinions and/or descriptions of matters in which H&C achieved a successful outcome for its current or former clients. Such descriptions are not intended to, and do not, predict or guarantee future successful outcomes, even in similar circumstances. Further, such descriptions should not imply H&C’s continued or current representation of, or endorsement by, any clients mentioned. Any references in any Material to past awards, designations, or rankings granted to or achieved by H&C should not imply the continued retention or future grant or achievement by H&C of such awards, designations, or rankings.
1.6. No Unauthorized Jurisdictions. If the Site or Material is in any way non-compliant or inconsistent with your jurisdiction’s rules or state bar requirements regarding communication of legal services, H&C does not seek to represent you or any other individual or entity in your jurisdiction.
1.7. No Admissions or Certifications Unless Specified. While H&C practices law in the jurisdictions in which its offices are located as well as others, each H&C attorney is licensed to practice only in those jurisdictions set forth in that attorney’s biography on the Site. Unless specifically stated in his or her biography, no H&C attorney is certified by any professional or government authority. The listing of H&C attorneys in practice groups is not intended to indicate any professional or governmental certification.
2. PRIVACY
You acknowledge that any information submitted by you or collected by H&C in connection with your access or use of the Site shall be treated in accordance with our Privacy Notice, and consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described therein. This Section, the Privacy Notice, and these Terms of Use generally do not apply to – and H&C is not responsible for – the practices of any third party websites, services, and applications that you may be able to access through the Site. You may direct any questions or concerns regarding the Privacy Notice set out in this Section by emailing info@hopkinscarley.com.
3. PROHIBITED USES
As a condition of accessing and using the Site, you agree not to use the Site or any Material for any purpose that is prohibited by these Terms of Use, and further agree not to use the Site in any manner that (a) violates any applicable law, rule, or regulation, whether domestic or foreign; (b) infringes the intellectual property rights of H&C (including in its marks and any Material) or any third party; (c) constitutes the unauthorized transmission of unsolicited commercial electronic mail; (d) involves the transmission of defamatory materials; (e) violates, attempts to violate, or knowingly facilitates the violation of the security (including access control or authentication systems) of the Site or the integrity of any Material; (f) involves software viruses or any other malicious computer codes, files, or programs; (g) impersonates any person or entity, including any H&C employee or representative; (h) constitutes fraud; (i) interferes or attempts to interfere with the proper working of the Site; (j) bypasses, circumvents or attempts to bypass or circumvent any measures used by H&C to prevent or restrict access to the Site (or computer systems or networks connected to the Site); (k) harvests or scrapes any information from the Site; or (l) otherwise violates the Terms of Use or Privacy Notice. You are responsible for all of your activity in connection with the Services.
4. PERMITTED USES; LIMITED LICENSES
4.1. Copyright in Site and Material. The Site and Material are protected by United States and international copyright laws. All rights are reserved. Subject to the terms of these Terms of Use, H&C grants you a limited, nonexclusive, personal license to access, view, download and print the Material solely for noncommercial and informational purposes. You may not modify the Material in any way and you may not remove or obscure any copyright or permission notices provided on or in connection with the Material. H&C reserves the right in its sole discretion to edit or delete any Material or other information appearing on the Site.
4.2. Marks and Domain Name. H&C does not grant to you any rights in its marks. Although you may link to any publicly available page on the Site, you agree to immediately remove any such link upon H&C’s written request.
5. DISCLAIMER OF WARRANTIES
THE SITE AND CONTENT IS PROVIDED TO YOU "AS IS." YOUR ACCESS TO AND USE OF THE SITE AND CONTENT IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY THE LAW AND APPLICABLE RULES OF PROFESSIONAL RESPONSIBILITY, H&C DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF INFORMATION, TIMELINESS OF INFORMATION, SYSTEM INTEGRATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, QUIET ENJOYMENT, AND UNINTERRUPTED OR ERROR FREE OPERATION. THE SITE AND CONTENT MAY CONTAIN BUGS, ERRORS, OR OTHER LIMITATIONS. IF YOU SUBMIT A RESUME OR APPLY FOR A JOB THROUGH THE SITE, THERE IS NO OBLIGATION FOR US TO REVIEW YOUR RESUME OR APPLICATION OR TO HIRE YOU.
6. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW AND APPLICABLE RULES OF PROFESSIONAL RESPONSIBILITY, H&C DISCLAIMS LIABILITY FOR ANY LOST PROFITS OR INCOME, LOST BUSINESS, OR LOST DATA, OR FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THE SITE AND ANY CONTENT. IN NO EVENT SHALL H&C OR ITS AFFILIATED PARTIES, AGENTS, DIRECTORS, EMPLOYEES, VENDORS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING $100.00, WHICH AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST H&C AND THE AFOREMENTIONED PERSONS AND ENTITIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
7. THIRD PARTY SITES
To the extent that H&C links to, or otherwise presents, third party websites and information on the Site, such links or presentations do not constitute an endorsement by H&C of any such third party information or such third parties. H&C does not monitor or verify, is not responsible for, and assumes no liability with respect to any third-party content. Any third party websites are governed by their own terms of use and privacy notices.
8. MISCELLANEOUS
You agree that any dispute arising out of or in connection with the Site, the Material, or these Terms of Use will be governed by the laws of the State of California without reference to conflict of laws principles that would require the application of the laws of any other jurisdiction. In the event that you gain access to information not intended to be accessed by you, you agree that you will immediately notify H&C and lawfully destroy all copies of such information in your possession. You may contact H&C with questions or concerns about the Site at info@hopkinscarley.com. These Terms of Use are the entire agreement between you and us with respect to the Site and Material, and supersede any prior or contemporaneous communications and proposals between you and us with respect to the Site. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. H&C shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. These Terms of Use are not assignable, transferable or sublicensable by you except with H&C’s prior written consent. H&C may assign, transfer or delegate any of its rights and obligations hereunder without your consent. The section and paragraph headings in these Terms of Use are for convenience only and shall not affect their interpretation.