TERMS OF USE

Terms of Service

Acceptance of Terms

The Law Office of Dean H. Kayes, P.C. (“Dean Kayes Legal”) provides the following terms regarding your use of the Dean Kayes Legal website at www.deankayeslegal.com (the "Site"). Each user and client should read these terms, understand them, and consider printing a reference copy as you use the Site, subject to these Terms of Service (“TOS”). These TOS may be updated periodically without prior notice. You can review the current version of the TOS at: www.deankayeslegal.com/legal/tos

As used in these TOS, the term “Services” refers to all of the legal services provided by Dean Kayes Legal to its clients and users; the term “clients” refers to our clients who have retained or are otherwise authorized to use Services (including all authorized users), the term “users” shall refer to both the users of the Dean Kayes Legal website and our clients, and the term “you” shall refer to you as a user of the Site or the Dean Kayes Legal Services. The term “Submission” means any post of information, content, or a request to the Site or Services.

The TOS constitutes a binding agreement between Dean Kayes Legal and its users and clients (the “Agreement”). Before accessing or using the Site or the Service, users and clients must first agree to be bound by the TOS constituting this Agreement. By accessing or using the Site or the Services, you thereby agree to the TOS. The TOS shall apply to all transactions conducted through the Site and the Services (unless the client has entered into a separate written agreement governing such Services), and users are responsible for compliance with the Agreement. Failure to comply with the TOS may result in account revocation, suspension of service or access, and other legal action. The TOS and related documents set forth herein constitute the entire agreement between you and Dean Kayes Legal governing your use of the Site, superseding any prior agreements between the parties. You and Dean Kayes Legal agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California, U.S.A.

BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT YOU MAY NOT ACCESS OR USE THE SITE.

Description of Company and Services

Dean Kayes Legal is a law firm providing legal services to clients in various areas of law. The Terms of Service are applicable to all Site visitors, registered users, clients, and all other users of the Site and Services.

Disclaimers

This website is for individuals who are interested in learning more about Dean Kayes Legal. This website is not intended to solicit clients or to provide legal advice. Visitors to this site should not act, or refrain from acting, based on any information available via this website. Dean Kayes Legal expressly disclaims all liability in respect of actions taken or not taken based on any contents of this site.

Visitors should not consider the information available via this website to be an invitation for an attorney-client relationship, should not rely on the information provided herein as legal advice for any purpose, and should always seek the legal advice of competent counsel in the relevant jurisdiction.

Dean Kayes Legal maintains offices in California and neither intends nor purports to practice in any other jurisdictions. 

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY PRODUCTS, INFORMATION, OR SERVICE PROVIDED THROUGH THIS SITE, INCLUDING, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM.

General

These Terms and Conditions, together with the Privacy Policy and any legal notices published by us on the Site, shall constitute the entire agreement between us concerning use of the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Use of Site

Our Site, images, data, text, audios, videos, photographs, custom graphics, logos, button icons, descriptions, and all other material provided and the collection and compilation and assembly thereof are the exclusive property of Nixon Peabody LLP, and are protected by U.S. and international copyright laws.

The contents of our Site may be used for informational purposes only. Any other use of such contents, including the reproduction, modification, distribution, transmission, republication, display, or performance of the contents without our prior written consent is expressly forbidden.

Any other trademarks or service marks appearing anywhere on our Site are the property of their respective owners. To the extent any product name or logo does not appear with a trademark (™) does not constitute a waiver of any and all intellectual property rights that Dean Kayes Legal or its businesses has established in any of its products, features, or service names or logos.

You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any content of this Site for commercial profit or gain. Nothing in these Terms or on the Site shall be construed as conferring any intellectual property or other proprietary rights to you. You agree to observe copyright and other applicable laws and may not use the content in any manner that infringes or violates the rights of any person or entity. We hold all rights to the content on this Site.

As a condition of your use of the Site, you will not use the Site, or any contents or services, for any purpose that is unlawful in any applicable jurisdiction where our Site is being used, or prohibited by these terms, conditions, and notices, and you agree to abide by the terms and conditions set forth in the “User Conduct” section. You may not use the Site contents or services in any manner that could damage, disable, overburden, or impair any of our equipment or interfere with any other party’s use and enjoyment of the Site, or any contents or services. You may not attempt to gain access to any portion of the Site, or any of its contents or services, other than those for which you are authorized.

While every effort is made to ensure the timeliness and accuracy of the Site content and services, we make no warranties either express or implied, and assume no liability or responsibility for the completeness, use, accuracy, reliability, correctness, timeliness, or usefulness, of any of the results obtained from its use.

We make no representation or warranty, express or implied, with respect to the content of the Site, or links to other sites, including but not limited to accurateness, completeness, correctness, timeliness, or reliability. We make no representation or warranty regarding the merchantability or fitness for a particular purpose or use with respect to any content or services whatsoever that may be accessed through this Site, or the results to be obtained from using the Site. We make no representation or warranty that the Site or content is free from defects or viruses. Your use of external links and third-party websites is at your own risk and subject to the terms and conditions of use for such links and sites.

While every effort is made to ensure that all content provided on the Site does not contain computer viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for computer viruses or otherwise protect your computer and you should ensure that you have a complete and current backup of the applicable items on your computer. We disclaim any liability for the need for services or replacing equipment or data resulting from your use of the Site. While every effort is made to ensure smooth and continuous operation, we do not warrant the Site will operate error-free.

Indemnification

You agree to defend, indemnify, and hold us, our officers, directors, employees, volunteers, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the Site or your violation of these Terms and Conditions or your violation of any third-party right, including without limitation any trademark, copyright, or other proprietary or privacy right.

Limitation of Liability

YOUR USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR THE PRODUCTS, OR YOUR RELIANCE ON OR USE OF THE SITE, THE INFORMATION, OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS, OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.