Disclaimer

These Terms and Conditions of Use apply to you when you view, access or otherwise use the Website located at www.sdlawgroupapc.com or www.sjdavislaw.com (together, the “Website”). Please read the Terms and Conditions of Use carefully before you start to use the Website, and make sure you understand them. By using the Website, you accept and agree to be bound and abide by these Terms and Conditions of Use. The Website is owned by SD Law Group APC (“SD Law Group”). We grant you a nonexclusive, nontransferable, limited right to access, use and display the Website and the materials provided hereon, provided that you comply fully with these Terms and Conditions of Use.

  1. No Legal Advice or Attorney-Client Relationship. We provide this Website for general informational purposes only and it is not intended to provide legal advice. SD Law Group is a law firm and some of the information on the Website relates to legal topics. By using the Website, you agree that the information on this Website does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and SD Law Group. The Website is not intended as, and should not be used as, a substitute for obtaining legal advice from a qualified attorney licensed in your state based on specific facts and circumstances. The information on the Website may be changed without notice and is not guaranteed to be complete, correct or up-to-date, and SD Law Group will not be responsible for any damage or loss related to the inaccuracy, incompleteness or lack of timeliness of the information. The opinions expressed at or through the Website are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Any prior results of matters (if listed on the Website) do not guarantee a similar outcome.
  2. Use in other Jurisdictions. SD Law Group attorneys practice primarily in California. SD Law Group makes no representation that materials on this Website are applicable in jurisdictions other than California. This Website is not a substitute for legal advice from a qualified attorney in the appropriate jurisdiction. This Website is not intended as a solicitation for legal work nor is it intended as an advertisement in any state where SD Law Group lawyers are not admitted to practice law. SD Law Group does not intend to, and will not, seek or assume the representation of any clients from states where the materials on the Website do not comply with State Bar requirements and where a potential client engagement is generated as a result of the Website.
  3. Disclaimer of Warranties.  You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website (if applicable) will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
    YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SD LAW GROUP NOR ANY PERSON ASSOCIATED WITH SD GROUP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER SD LAW GROUP NOR ANYONE ASSOCIATED WITH SD LAW GROUP REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
    SD LAW GROUP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  4. Limitation of Liability. In no event and under no legal theory shall SD Law Group, or its employees, partners, contractors or any other party involved in creating, producing or delivering this Website’s content, be liable to you or others for any loss or injury, or any damages, whether direct, special, indirect, punitive, incidental, exemplary, consequential, or otherwise, whether based on breach of contract, tort (including negligence), product liability or otherwise, resulting from your access or use of this Website or its content, or damages caused to you or others by viruses contained within electronic files of this Website or any linked site, regardless of prior notice to us. You hereby waive any and all such claims against SD Law Group, its employees, partners, contractors, principals, and any other party involved in creating, producing or delivering this Website and its contents. You agree that the limitations set forth above are fundamental elements of this agreement, and that the Website and its materials would not be provided to you absent such limitations.
  5. Indemnification.  You agree to defend, indemnify and hold harmless SD Law Group, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions of Use or your use of the Website, including, but not limited to, your use of the Website’s content, services and products other than as expressly authorized in these Terms and Conditions of Use or your use of any information obtained from the Website.
  6. Applicable Laws; Venue. SD law Group operates the Website from San Diego, California and makes no representations that materials in the Website are appropriate or available for use in other locations. The display of the Website alone does not subject SD Law Group to any specific jurisdiction. Access to the Website from any territory where the content is illegal is prohibited. If you choose to access the Website from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations. You may not use or export any of the Website materials in violation of U.S. export laws and regulations. Any claim related to the use of the Website or to the Website materials or content shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein. Any action arising out of or related to the access, use, content, or existence of this Website shall be filed only in the appropriate state or federal court located within the San Diego county in the State of California. The access, viewing or use of this Website constitutes the user’s express permission and consent to the exclusive jurisdiction of the state and/or federal courts of the San Diego county of the State of California for purposes of such actions.
  7. Opt Out Policy. The Website provides users the opportunity to opt out of submitting personal information to SD Law Group at the point where SD Law Group requests information about the visitor. You can always decline to provide personal information to SD Law Group.
  8. Privacy Policy. Through this Website, SD Law Group will collect information that can identify you and/or your activity. We will use your information to respond to requests you may make of us. We do not sell or otherwise trade the Private Information that we collect from our Website visitors at any point or under any circumstance.
  9. Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
      • Details of your visits to our Website, including traffic data, logs, and other communication data and the resources that you access and use on the Website.
      • Information about your computer and internet connection, including your IP address, operating system, and browser type.

    The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service.The technologies we use for this automatic data collection may include:

      • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system may issue cookies when you direct your browser to our Website.
      • Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
      • Web Beacons. Pages of our the Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit SD Law Group, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
  10. No Confidentiality. You may not use the Website to provide confidential information to SD Law Group about a legal matter without our express written consent. Your use of this Website does not make you a client of SD Law Group, or even a prospective client of SD Law Group. If you have confidential information that you would like to give to any lawyer at SD Law Group, please communicate directly with a SD Law Group attorney in person or by telephone – not by filling in any form on this Website or by sending an unsolicited email to SD Law Group or any of its lawyers.
  11. Changes to these Terms and Conditions of Use. We may revise and update these Terms and Conditions of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms and Conditions of Use means that you accept and agree to the changes. You are expected to check these Terms and Conditions of Use periodically so that you are aware of any changes.
  12. Accessing the Website. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users. The Website may also be unavailable periodically for maintenance and improvements.
  13. Reliance on Information Posted.  The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
  14. Links from the Website. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and are subject to the terms and conditions of use and the privacy policies for such websites. The inclusion of these links does not imply endorsement by SD Law Group of the sites or any association with its operators.
  15. Prohibited Uses. You may use the Website only for lawful purposes and in accordance with these Terms and Conditions of Use. You agree not to use the Website:
    • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
    • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm SD Law Group or users of the Website or expose them to liability.
      Additionally, you agree not to:

      • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
      • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
      • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
      • Use any device, software or routine that interferes with the proper working of the Website.
      • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
      • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
      • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
      • Otherwise attempt to interfere with the proper working of the Website.
      • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
        Children Under the Age of 13. Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website.
  16. Copyright Notice. All materials and software published on or used on the Website are protected by copyright, and are owned or controlled by or licensed to SD Law Group, or the party listed as the provider of the materials or software. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL IS PROHIBITED. You may download any downloadable materials displayed on the Website only for personal, noncommercial and informational purposes, provided that the documents are not modified and provided you maintain and abide by all copyright, trademark and other notices contained in such material.
  17. Waiver and Severability. No waiver by SD Law Group of any term or condition set forth in these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SD Law Group to assert a right or provision under these Terms and Conditions of Use shall not constitute a waiver of such right or provision.
    If any provision of these Terms and Conditions of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions of Use will continue in full force and effect.
  18. Entire Agreement.  These Terms and Conditions of Use constitutes the sole and entire agreement between you and SD Law Group with respect to the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.