Terms of Use
1. Use of the Site
Welcome to mbkchapman.com (the “Site”). The Site consists of multiple web pages and serves as a marketing platform for our legal services. The Site is owned and operated by Michael Kushner under a license to MBK Chapman (collectively, the “Firm,” “we,” “our,” or “us,” which shall also include the firm’s employees, shareholders, and affiliates).
Your use of the Site constitutes your acceptance of these Terms of Use (the “Terms”). These Terms are important because they and affect your legal rights. So, please read them carefully (including the arbitration and class action waiver provisions). If you do not agree to all of these Terms, you must not use the Site.
Any use of this Site that violates any of the Terms shall immediately terminate any right by you to access or use the Site or maintain any of the below-defined Content.
This Site is intended solely for use by adults, and nobody under the age of 18 is permitted to use this Site.
2. Revisions to the Terms
We reserve the right to modify these Terms at any time without prior notice. Any such changes will be effective upon posting, and your continued use of the Site constitutes acceptance of the modified Terms, which shall supersede all prior versions. You can determine for yourself when these Terms were last updated by looked at the “Last Updated” notice at the bottom of these Terms.
If you do not agree to any revisions to the Terms in the future, you may not use the Site. We strongly recommend that you review these Terms from time-to-time to ensure that you are familiar with them.
3. Privacy Policy
Your personal information collected through the Site is governed by our Privacy Policy. By using the Site, you consent to the collection, use, and disclosure of information as described in our Privacy Policy.
4. Email Communications
By visiting our Site, and subject to applicable law, you agree that we may, in our sole discretion, communicate with you exclusively via email regarding any inquiries or services.
5. Third-Party Links
The Site may contain links to third-party websites (“Other Site(s)”). We are not responsible for the content or accuracy of any Other Sites, nor does the inclusion of any link to such Other Sites constitute an endorsement of that site or its content. We shall not be held liable for your access, use, or reliance on any information contained on Other Sites. Any such access of those Other Sites by you shall be at your own risk.
To the extent that we provide such links to Other Sites, you acknowledge and understand that our doing so was solely as a convenience to you, and that we have the absolute right, in our sole discretion, to remove such links.
6. Limited License / Limitations on Rights
Unless otherwise indicated in writing by Michael Kushner, all content and other materials contained on the Site, including, without limitation, any service mark, logo, designs, text, graphics, pictures, information, data, software, other files, and the selection and arrangement of such items (collectively, “Content”) are the property of Michael Kushner or our licensors, as applicable, and are protected by U.S. and international copyright and other laws.
We grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to access, view, and make personal, non-commercial lawful use of the Site consistent with these Terms. Without the express written consent of Michael Kushner, you may not: (a) modify, data mine, reverse engineer, or create derivative works based on the Site’s Content; (ii) remove copyright or proprietary notices; (iii) exploit any Content on the Site for commercial purposes; (iv) publicly perform or publicly display the Content; (v) use the Content to harass, stalk, threaten, or violate the rights of any other person; (vi) interfere with our networks or servers; or (vii) use the Content in a manner for which it was not intended.
Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any right or license to any patent, copyright, trademark, or proprietary rights of Michael Kushner or the firm, whether via estoppel, implication, or otherwise.
7. International Users
The Site is hosted and operated from the United States. If you access the Site from outside the U.S., you are responsible for compliance with your local laws.
8. User Content
You are solely responsible and liable for all information, data, or other materials (collectively, “User Content”) that you upload , email, or otherwise submit to us. If you choose to provide us with such User Content or otherwise make such User Content publicly available, you do so at your own risk, and with an understanding that we shall have no liability whatsoever for your submission.
You further agree that you will not directly or indirectly contribute to or cause the transmission of any User Content that: (i) is unlawful; (ii) is harmful, abusive, hateful, harassing, or defamatory of another; (iii) is pornographic, vulgar, offensive, or lewd; (iv) invades another person’s privacy rights; (v) you do not have the right to transmit (by virtue of any applicable law or contract); (vi) constitutes unsolicited advertising, marketing, spam (including chain letters and pyramid schemes); (vii) infringes on the intellectual property rights of another person or entity; (viii) contains any software, code, or virus designed to disable, modify, damage, or delete another’s hardware, software, or data; or (ix) take any actions to hide or mask your identity or the nature of the User Content that you’re transmitting.
You acknowledge and agree that we have no obligation to monitor any User Content transmitted to us and that we also have the absolute right, in our sole discretion, to remove, screen, or edit any User Content provided without notice to you.
While we do not claim any ownership interest in the User Content, by uploading, posting, transmitting, or submitting the User Content through the Site or the firm’s social media, you are, subject to applicable law, granting us a non-exclusive, royalty free, worldwide, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, and create derivative works from, in any manner, for any reason, and via any type of media, that we may wish.
9. Indemnification
You shall indemnify and hold everyone at MBK Chapman harmless, and at our option, defend us from, any losses, liabilities, claims, damages, costs (including reasonable attorneys’ fees) (collectively, “Losses”) incurred by us resulting from any claim, suit, action, or proceeding that relates to or arises out of: (i) your use of the Site, its Content, or any User Content; (ii) any violation of the Terms by you, or any other act or omission by you, that violates the rights of another; (iii) any violation of applicable laws by you.
You further agree that we shall have control over the defense or settlement of any claims or Losses unless we exercise our right to require you to defend us.
10. General Disclaimers
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE ARE NOT LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SITE OR YOUR RELIANCE ON ANY OF THE CONTENT OR USER CONTENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SITE, THE CONTENT, THE USER CONTENT, OR THE SECURITY PROTOCOLS RELATED TO THE TRANSMISSION OF INFORMATION TO OR FROM OUR FIRM. WE FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT OR REPRESENT THAT OUR SERVICES, SITE, OR CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS/ERRORS WILL EVER BE CORRECTED, THAT THE CONTENT OR USER CONTENT WILL BE CORRECT OR LEGAL IN YOUR JURISDICTION, OR THAT THE CONTENT, USER CONTENT, AND/OR SITE WILL BE FREE FROM HARMFUL COMPONENTS, INCLUDING WITHOUT LIMITATION, COMPUTER VIRUSES. YOU ACKNOWLEDGE, THEREFORE, THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK.
TO THE EXTENT THAT YOU RESIDE IN A JURISDICTION THAT PROHIBITS THE DISCLAIMER OF WARRANTIES SET FORTH ABOVE, YOU MAY NOT USE THIS SITE.
11. Limitations on Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER MBK CHAPMAN, NOR ITS OWNERS, SHAREHOLDERS, EMPLOYEES, SUPPLIERS, OR AFFILIATES SHALL EVER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION: (i) LOSS OF REVENUE; (ii) LOSS OF INCOME OR PROFITS; (iii) LOSS OF USE OR DATA; (iv) DIMINUTION IN VALUE; OR (v) ANY OTHER TYPE OF DAMAGE ARISING OUT OF OR RELATED TO THE ACCESS TO OR USE OF THE SITE (OR YOUR INABILITY TO ACCESS OR USE THE SITE), OUR PROVISION (OR FAILURE TO PROVIDE) LEGAL SERVICES TO YOU, THE CONTENT, USER CONTENT, SOFTWARE, DOWNLOADABLE MATERIALS, VIDEOS, OR THE FIRM’S SOCIAL MEDIA. THIS LIMITATION ON DAMAGES SHALL ALSO APPLY TO DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OR PRODUCTS PROVIDED BY US OR ANY THIRD-PARTY, AND SHALL APPLY TO ANY TYPE OF CLAIM, INCLUDING THOSE SOUNDING IN TORT, CONTRACT, STRICT LIABILITY, OR UNDER ANY OTHER LEGAL OR EQUITABLE THEORY.
TO THE EXTENT THAT YOU RESIDE IN A JURISDICTION THAT PROHIBITS OR LIMITS SUCH LIMITATIONS ON LIABILITY, SOME OR ALL OF THE FOREGOING LIMITS MAY NOT APPLY TO YOU. IF YOU DO LIVE IN SUCH A JURISDICTION, HOWEVER, OR ARE OTHERWISE UNHAPPY WITH ANY OF THE PROVISIONS CONTAINED IN THESE TERMS, YOU MUST STOP USING THIS SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT THALL THE MAXIMUM AGGREGATE LIABILITY OF MBK CHAPMAN (OR ITS EMPLOYEES, SHAREHOLDERS, OR AFFILIATES) ARISING OUT OF OR RELATED TO THE ACCESS TO OR USE OF THE SITE (OR YOUR INABILITY TO ACCESS OR USE THE SITE), OUR PROVISION (OR FAILURE TO PROVIDE) LEGAL SERVICES TO YOU, THE CONTENT, USER CONTENT, SOFTWARE, DOWNLOADABLE MATERIALS, VIDEOS, OR THE FIRM’S SOCIAL MEDIA EXCEED $100. THE FOREGOING LIMITATION SHALL CONSTITUTE OUR SOLE AND MAXIMUM LIABILITY OR OBLIGATION.
IF YOU ARE A CALIFORNIA RESIDENT, YOU AGREE TO WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
12. Termination
We reserve the right to terminate or restrict access to the Site at our discretion without notice.
13. Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO WAIVE CERTAIN RIGHTS BY AGREEING TO ARBITRATE DISPUTES INSTEAD OF BEING ABLE TO GO TO COURT.
Any dispute or controversy between you and us arising out of or relating to any of these Terms shall be decided by binding arbitration in Orange County, California, and shall be subject to Federal Arbitration Act, which shall govern the interpretation and enforcement of these Terms. The arbitration shall be decided by a single arbitrator and administered by the American Arbitration Association or any similar arbitration service agreed to by the parties.
The arbitrator shall apply California law in making his or her determinations in the matter, and his or her award shall be final. Judgment may be entered in any court having jurisdiction. To the fullest extent permitted by law, the arbitrator shall be empowered only to the extent and limitations provided for in these Terms, including those found in the limitation of liability and damages provisions. Under no circumstances may the arbitrator joint or consolidate more than one person’s claims (or anyone else’s claim with your claim) or otherwise preside over any representative or class proceeding. If a court of competent jurisdiction finds that specific limitations found in this paragraph of the Terms is/are unenforceable, then the entirety of this Terms’ binding arbitration provision shall be null and void.
The arbitrator shall award the prevailing party his, her, or its attorneys’ fees and costs. This provision shall survive termination of these Terms.
14. Class Action Waiver
Regardless of forum, you agree that you may only bring claims against us in your individual capacity, and not as a plaintiff or member of any purported class or representative proceeding.
15. Governing Law and Jurisdiction
In any action, whether via court or arbitration, or whether in state or federal court, the interpretation, construction, performance, and enforcement of these Terms shall be governed by the laws of California, with venue in Orange County, California.
16. No Agency Relationship
Your use of the Site does not create any partnership, joint venture, employment, attorney-client relationship, or agency relationship between you and us.
17. Notices
All notices, demands, or consents provided by you under these Terms shall be in writing and delivered to us via: any nationally recognized delivery service required a signature upon delivery, or via email at: legal@mbkchapman.com. To the extent that you require an alternative means of communication due to a disability, you may contact us and we will work with you in good faith to arrange such an alternative.
18. Severability
Unless otherwise explicitly stated above, if any provision of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall remain in full force and effect.
19. Entire Agreement
These Terms constitute the entire agreement between you and us concerning the subject matter covered under these Terms, and these Terms thus supersede all prior agreements or understandings between us, along with all prior renditions of these Terms.
Contact Us
MBK Chapman welcomes your questions or comments regarding Terms. Feel free to direct your comments to:
Office Manager
MBK CHAPMAN PC
120 Vantis Dr., Suite 500
Aliso Viejo, CA 92656
or
email us at:
legal@mbkchapman.com
or
call us at:
(949) 767-3910
Last Updated: October, 2024