TERMS OF USE
The Agreement
PLEASE REVIEW THESE TERMS OF USE BEFORE USING THE WEBSITE. This is a legal agreement (the “Agreement”) between you (“You” and/or “Your”) and attorney Craig C. Weaver and MOBO Law, LLP, a Nevada limited liability partnership ( collectively, “Attorney” and/or “MOBO Law”) regarding Your use of Attorney’s website and related non-legal services (collectively, the “Website”).
By using the Website, You represent and warrant that You have read and understood, and agree to be bound by, the Agreement and Attorney’s privacy policy (the “Privacy Policy”) and disclaimer (the “Disclaimer”). By using the Website, You further represent and warrant that You are 18 years old or older, and that You are otherwise legally qualified to enter into contracts under applicable law. If you do not understand this Agreement, or do not agree to be bound by it or the Privacy Policy and/or the Disclaimer, or are not legally qualified to enter into contracts, You must immediately leave the Website.
Changes
Attorney may, at any time and without further notice, revise this Agreement, the Privacy Policy, and/or the Disclaimer by posting an amended version on the Website. Any changes will be effective immediately upon posting. It is Your responsibility to review this Agreement, the Privacy Policy, and the Disclaimer periodically. You should check the dates appearing at the end of this Agreement, the Privacy Policy, and the Disclaimer. If those dates are later than the date of Your last visit, You should review any changes to this Agreement, the Privacy Policy, and/or the Disclaimer. If at any time you find any of them unacceptable, you must immediately leave the Website. Unless Attorney obtains Your express consent, any revised Privacy Policy will apply only to information collected by Attorney after such time as the revised Privacy Policy takes effect. Attorney also may, at any time and without notice, modify or discontinue the Website. You agree that Attorney shall have no obligation of any sort in connection with any modification or discontinuance of the Website.
Informational Purposes Only
Attorney hereby grants You a nonexclusive license to download and display the Website, and to reproduce the content located thereon, in each case solely for Your personal, non-commercial use. Attorney provides the Website for informational purposes only. The Website does not contain or constitute, and should not be interpreted as, legal advice or opinion.
No Attorney-Client Relationship
Your use of the website does not create an attorney-client relationship between You and Attorney. Similarly, the transmission of information to and from Attorney by means of the Website is not an attorney-client communication. If You would like Attorney to represent You, You should complete the online case submission form. If the matter in connection with which You seek representation involves other parties, be sure to list each and every one of them on the online case submission form. If Attorney agrees to represent You, it will inform You by e-mail or telephone, and will provide an engagement agreement setting forth the basis of the representation. Unless and until You have executed and returned that engagement agreement, and satisfied all conditions of representation set forth therein, and Attorney has confirmed its receipt, and You have paid the required retainer to Attorney, no attorney-client relationship exists.
Unless an attorney-client relationship exists between You and Attorney, You shall not represent to any third party, either directly or by implication, that You are represented by Attorney, or that Attorney is in any way involved in Your matter. Without limiting the foregoing, unless an attorney-client relationship exists between You and Attorney, You shall not copy Attorney, or any attorney or employee of Attorney, on any e-mails or letters in a manner that could reasonably be interpreted by any third party to mean that You are represented by Attorney.
No Attorney-Client Privilege
Because You are not a client of Attorney, information provided by You to Attorney may not be protected by the attorney-client privilege. It is possible that Attorney already represents, or in the future may represent, a party whose interests are adverse to Yours. In that case, Attorney may not be able to treat information received from You as privileged.
Communications Made to Third Parties by Means of the Website
You acknowledge that any communications sent by You to third parties by means of the Website, whether by e-mail or otherwise, are not private, and such communications may be read by third parties with or without Your knowledge. Further, You agree that the content of any communications that You send to third parties by means of the Website shall be non-confidential and non-proprietary. Attorney reserves the right to use such communication for any purpose.
Prohibited Uses
You represent and warrant that You will not use the Website to:
- Upload or transmit content that violates the privacy, intellectual property, or other proprietary rights of any third party;
- Transmit viruses, Trojan horses, worms, malicious code, or other harmful or destructive content;
- Violate this Agreement, the Privacy Policy, or any applicable law or regulation, including, without limitation, laws designed to regulate unsolicited e-mail or other electronic advertising;
- Harm the goodwill or standing of Attorney or any of its clients, partners, employees, affiliates, agents, contractors, or representatives;
- Attempt to probe, scan, test, or violate the security features of the Website or of any associated system or network, or to obtain unauthorized access to materials or other information stored thereon; and/or
- Attempt to interfere with the use of the Website by any other user.
Attorney reserves the right to cooperate fully in any investigation by law enforcement officials of any violation of this Agreement.
Third-Party Websites
The Website may contain links to websites operated by third parties (“Third-Party Websites”). Attorney does not have control over Third-Party Websites, each of which may be governed by its own terms of service and privacy policy. Attorney has not reviewed, and cannot review, Third-Party Websites, and therefore does not warrant or endorse any Third-Party Website or the content appearing thereon. By visiting or using Third-Party Websites, You assume all responsibility and liability for all resulting harms, whether to You or to any third party, including, without limitation, as resulting from Your downloading or use of any content, software, or other materials available therefrom.
Intellectual Property
The content located on the Website, including, without limitation, this Agreement, is the copyrighted property of Attorney or its licensors. Similarly, the Internet domain name, and all other names and logos used by Attorney in connection with the offering of Attorney’s goods and services are the trademarks and service marks, or registered trademarks, or registered service marks, of Attorney or its licensors. Except as explicitly permitted, neither Your use of the Website nor this Agreement grants You any right, title, or interest in or to Attorney and/or Attorney’s licensors’ copyrights, trademarks, and/or service marks. Copyright © 2019 to the present, MOBO Law, LLP. ALL RIGHTS RESERVED.
If You believe that material located on or linked to by the Website infringes one or more of Your copyrights, please immediately notify Attorney in writing. Your notification should include: a signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf; an identification of the copyright claimed to have been infringed; a description of the nature and location of the material that You claim to infringe Your copyright, in sufficient detail to permit Attorney to find and positively identify that material; Your name, address, telephone number, and e-mail address; and a statement by You (i) that You believe in good faith that the use of Your copyrighted material is not authorized by law, or by the copyright owner or such owner’s agent and, (ii) under penalty of perjury, that all of the information contained in Your notice is accurate, and that You are either the copyright owner or a person authorized to act on their behalf.
DISCLAIMER OF WARRANTIES
ATTORNEY HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATTORNEY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. OPERATION OF THE WEBSITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ALL HARMS, WHETHER TO YOU OR TO ANY THIRD PARTY, ARISING OR RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, AS IT MAY RELATE TO ANY DAMAGE TO YOUR SYSTEMS OR DATA.
LIMITATION OF LIABILITY
THE LIABILITY OF ATTORNEY IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATTORNEY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, REGARDLESS OF ANY ADVICE OR NOTICE GIVEN TO ATTORNEY, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE. ADDITIONALLY, THE MAXIMUM LIABILITY OF ATTORNEY UNDER ALL CIRCUMSTANCES WILL BE THE AMOUNT PAID BY YOU TO ATTORNEY IN CONSIDERATION OF YOUR USE OF THE WEBSITE OR $100, WHICHEVER IS LESS. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN ATTORNEY AND YOU. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
Indemnity
You agree to defend, indemnify, and hold harmless Attorney and its partners, employees, affiliates, agents, contractors, and representatives (the “Attorney Parties”) from and against all claims, losses, costs, damages, liabilities, and expenses (including, without limitation, attorneys’ fees) arising out of or relating to: (i) Your use of the Website; (ii) any violation by You of this Agreement; or (iii) Your submission to Attorney by means of the Website of incomplete, inaccurate, and/or untimely information or other data. The Attorney Parties shall have the right, but not the obligation, to participate through counsel of their choice in any defense by You under this Section.
Termination
In the event of a breach by You, this Agreement and all licenses granted thereunder shall automatically terminate. Any termination of this Agreement terminates all of Your rights to use the Website, including Your license to the content located thereon. Without limiting any other provision of this Agreement, Attorney reserves the right to, in its sole discretion and without notice or liability, deny use of the Website to any person for any reason or no reason at all.
Communication Concerning Availability of Professional Employment
Attorney acknowledges that the Website is a “communication” within the meaning the Nevada and California Rules of Professional Conduct. However, this Website is not intended, nor should it in any way be construed as, a “Solicitation” within the meaning the Nevada, California, or any other jurisdiction’s Rules of Professional Conduct. If You believe that the Website violates any applicable ethical rule, whether in Your jurisdiction or elsewhere, You should immediately leave the Website, and should disregard all information and other materials available thereon.
Choice of Law – Jurisdiction and Venue
The Website is located and operated by Attorney in Reno, Nevada. This Agreement shall be interpreted and enforced as though executed in the State of Nevada, County of Washoe, City of Reno, and shall be governed by and construed in accordance with the laws of the State of Nevada, except that this Agreement will not be construed in favor of or against either party, but in a manner that is fair to both parties, and without regard to conflicts of law principles. The proper venue for any judicial action arising out of or relating to the Website or this Agreement will be the state and federal courts located in Reno, Nevada, and if any such state action is removed to federal court for any reason, jurisdiction and venue shall be in the United States District Court for the District of Nevada in Reno, Nevada. You hereby stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.
Entire Agreement – Amendment
This Agreement constitutes the entire agreement between Attorney and You concerning Your use of the Website. This Agreement may only be modified as stated herein, or by an amendment signed by an authorized representative of Attorney.
Severability – Waiver
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Assignment
This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of Attorney. Notwithstanding the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
Relationship
Without limiting any other provision of this Agreement, this Agreement creates no agency, partnership, joint venture, or employee-employer relationship between You and Attorney.
Effective January 22, 2020