DISCLAIMERS AND TERMS AND CONDITIONS OF USE
The following Terms and Conditions of Use apply to you when you view, access or otherwise use the web site located at www.parkermilliken.com or www.pmcos.com (the "Site"). The Site is owned by Parker, Milliken, Clark, O'Hara & Samuelian, a professional corporation ("Parker Milliken"). We grant you a nonexclusive, nontransferable, limited right to access, use and display the Site and the materials provided hereon, provided that you comply fully with these Terms and Conditions of Use. By using the Site, you agree to these terms and conditions and acknowledge reading them.
This page includes disclaimers and disclosures concerning the following topics:
1. No Attorney-Client Relationship. This Site is provided for general informational purposes only. No attorney‑client relationship is established between you and the Parker Milliken or between you and any attorney of Parker Milliken through your use of the Site. While Parker Milliken is a law firm and some of the information on the Site relates to legal topics, the information provided on the Site is intended to be used solely for educational or background purposes and not to provide any person any legal advice. The information on the Site may not reflect the most current legal developments or changes in the law, it may be changed without notice and it may not be relied upon as complete, correct, up‑to‑date or applicable to any particular situation. By using the Site, you agree that the information on this Site does not constitute legal or other professional advice and that no attorney‑client or other relationship is created between you and Parker Milliken. If you desire legal advice, you should seek legal advice from a qualified attorney licensed in your state. The opinions expressed at or through the Site are the opinions of the individual author and may not reflect the opinions of the firm or any other individual attorney.
2. Copyright Notice. All materials and software published on or used on the Site are protected by copyright, and are owned or controlled by or licensed to Parker Milliken, 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 Site 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 or if none, you include the following copyright notice in such downloaded materials:
© Copyright 2005 Parker Milliken Clark, O'Hara & Samuelian, a professional corporation. All rights reserved. All use subject to Terms and Conditions of Use set forth at www.pmcos.com/wfbase.aspx?page=disclaimers.
3. Commercial Use of Parker Milliken Site Materials and Screen Shots. Reproduction, copying, or redistribution of materials on the Parker Milliken Site for commercial purposes is prohibited without the express written permission of Parker Milliken. Any use, reproduction, or distribution of material on this Site which constitutes the personal information, property, or photograph or other depiction of any particular Parker Milliken attorney may also be subject to state and federal privacy and other laws requiring the specific written consent of the individual attorney. To obtain permission to copy portions of this site, please send email to James Klebes (jklebes@pmcos.com) and provide the following information in the body of the email:
· the content you wish to use;
· where, when and how it will be used (for example, a seminar, newsletter or news article);
· where and how copies will be distributed and to what audience;
· how many copies will be produced and distributed;
· what other materials will be associated with the Parker Milliken content; and
· your name, title, company, address, email address and phone number.
You request will be evaluated and Parker Milliken will respond to any such request if and in the manner Parker Milliken determines appropriate. Parker Milliken reserves the right to refuse permission to copy, distribute, broadcast, or publish any of its copyrighted material, including text and images on our Site.
4. Service Mark Notice. "Parker Milliken," "PMCOS" and other related marks are service marks of Parker Milliken and are protected by law. They may be used publicly only with permission from Parker Milliken. Fair use of the service marks requires proper acknowledgment. ALL RIGHTS RESERVED.
5. Links to Other Sites and/or Materials. Links may appear on the Site that may be used to link to other Site(s). These links are provided solely as a courtesy to our Site visitors. Parker Milliken does not control the linked Sites or the materials, content, information, goods or services available or contained on these linked Sites. Parker Milliken is not responsible for and does not vouch for, endorse or warrant in any way any materials, information, goods or services available through such linked Sites or any privacy or other practices of such Sites. The inclusion of any link on our his Site does not imply any association or relationship between Parker Milliken and the person sponsoring the linked. The links do not imply legal authority to use any protected rights of others reflected in the links. Parker Milliken does not vouch for or assume any responsibility for the content, accuracy or completeness of material presented directly or indirectly in linked sites. If you use any of these links, you will leave our site. If you decide to access any of the linked Sites, you do so entirely at your own risk. Parker Milliken reserves the right to terminate any link at any time.
You agree that you will not link material on this Site to another web site without the prior written consent of Parker Milliken. You also agree that you will not associate or frame material in this Site with another web page or materials of any other entity without the prior written consent of Parker Milliken. If Parker Milliken does permit such link, association or framing, you must agree to include or link with it this Disclaimers and Terms of Use web page and to immediately terminate the link, association or framing at our request, unless Parker Milliken otherwise expressly agrees.
If you visit this Site, Parker Milliken and its agents and contractors may collect general information about the way in which you use this Site, including the time and duration of visit, type of web browser used, the operating system/platform you are using, your IP address, the web sites from which you linked to us, and your CPU speed. Whether and how you use this Site by recording site traffic patterns and "clickstreams" may also be tracked. We may use this information to identify levels and areas of interest in Parker Milliken and to improve and refine this Site.
If you choose to provide Parker Milliken with personal information about yourself, either through a form on this Site or by sending us e-mail, we may collect and use that information to contact you or to send you additional information. We do not sell any personally identifiable information provided by our visitors to any unrelated third party, but we may share it with related entities or with unrelated third parties in connection with our own marketing activities or the maintenance and operation of this Site, or as may be legally required.
Although we use security that we believe to be appropriate to protect the limited personal identifying information disclosed to us on this Site, we do not guarantee that our security precautions will protect against and we expressly disclaim any liability for any loss, misuse, or alteration of your information or from your access to or use of our information.
We may use "cookie" technology. A cookie is a small amount of data sent by this Site and stored on your computer's hard drive that our site can read and which helps keep track of how you use this Site and any links provided by it. Many web browsers automatically accept cookies by default, but contain an option for you to turn off the cookie acceptance if you prefer.
If you do not want any of the information previously given by you on or through this Site to be used to contact you or for any other purpose, or if you wish to correct such information, please contact James Klebes at (213) 891-0360
7. Prohibited Actions. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the Site for anything other than a lawful and legitimate purpose. You agree not to use the Site to carry out any unauthorized alteration of any data or information on the Site or to conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. The Site is not intended for use by anyone under the age of 19. We reserve the right to limit or deny your access to the Site or take other appropriate action if you violate any provision of these Terms and Conditions of Use or if you conduct any activity that violates the rights of any person or entity, or which we in our sole discretion deem unlawful, offensive, threatening, abusive or potentially harmful or malicious.
8. Modification of Terms and Conditions of Use. Parker Milliken reserves the right to revise these Terms and Conditions of Use at any time by updating this posting. Your continued use of the Site constitutes your agreement to comply with such revisions, so you should visit this page from time to time.
9. Email May Not Be Used to Provide Notice or Be Relied Upon. Communications made through the Site's e‑mail and messaging system shall in no way be deemed to constitute legal notice to Parker Milliken or any of its officers, employees, agents or representatives, such as where notice to Parker Milliken is required by contract, or any federal, state or local laws, rules or regulations. You may not rely on any email sent through this Site to Parker Milliken as notice provided to Parker Milliken, any Parker Milliken attorney or any Parker Milliken employee for any purpose whatsoever. You may not assume that any email sent via this Site to Parker Milliken or any individual Parker Milliken attorney has been received, evaluated or reviewed. The absence of any response to any email sent to Parker Milliken shall not be deemed any acceptance of, or acquiescence to, any fact by Parker Milliken or any of its attorneys.
10. Additional Disclosures and Information. Practice and other descriptions, including attorney biographies, on this Site may include descriptions of successful client representations, strategies or outcomes in matters, including transactional and adversarial proceedings. The results portrayed were dependent on the facts of the particular matters described, among other variables. Results will differ if based on different facts. Parker Milliken and its attorneys intend no assurance and make no guarantee or prediction that we will be successful in new matters, even if they involve similar facts and circumstances, or that we are successful in all matters. Results in any matter are not necessarily indicative of or similar to results in other matters.
11. Disclaimer; Limitation of Damages.
(a) Parker Milliken expressly disclaims all liability for any viruses or other contamination of your computer system or other device used to access this Site as a result of your use of this Site, and expressly disclaims all liability for actions taken or not taken based on any or all of the contents of this Site. THE SITE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON‑INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PARKER MILLIKEN MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE.
(b) USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.
12. Applicable Laws; Venue. Parker Milliken operates the Site from its office in California and makes no representations that materials in the Site are appropriate or available for use in other locations. The display of the Site alone does not subject Parker Milliken to any specific jurisdiction. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site 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 Site materials in violation of U.S. export laws and regulations. Any claim related to the use of the Site or to the Site materials 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 Site shall be filed only in the appropriate state or federal court located within the State of California. The access, viewing or use of this Site constitutes the user's express permission and consent to the jurisdiction of the state and/or federal courts of the State of California for purposes of such actions.
Copyright © 2011 Parker, Milliken, Clark, O'Hara & Samuelian, a professional corporation. All Rights Reserved.