PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERM OF SERVICE AGREEMENT IS EFFECTIVE AS OF 11/01/2017.
ACCEPTANCE OF TERMS The following Terms of Service Agreement (the TOS) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Lonich Patton Ehrlich Policastri, located at 1871 The Alameda, Suite 400, San Jose, California 95126, which includes Bank (the Site) and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED The Site is that which has the following description: www.lpeplaw.com Law Office Online Payment It is understood that we, Lonich Patton Ehrlich Policastri have a separate contract signed with the client, which addresses and details the attorney client relationship. The client is authorizing the payment and understands that their credit card will be billed for the amount they input. Any and all visitors to our site shall be deemed users of the herein contained Services provided for the purpose of this TOS. At its discretion, Lonich Patton Ehrlich Policastri may offer additional website Services, or update, modify or revise any current content and Service, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or REVISED Services unless otherwise stipulated. Lonich Patton Ehrlich Policastri does hereby reserve the right to cancel and cease offering any of the aforementioned Services. You, as the end user, acknowledge, accept and agree that Lonich Patton Ehrlich Policastri shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our services. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes, and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must stop using the provided Services.
INDEMNITY All users herein agree to insure and hold Lonich Patton Ehrlich Policastri our subsidiaries, affiliates, agents, employees, officers, partner and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party, which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to sites.
MODIFICATIONS Lonich Patton Ehrlich Policastri shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
ADVERTISERS Any correspondence or business dealings with, or the participation in any promotions of advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Lonich Patton Ehrlich Policastri shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
LINKS Lonich Patton Ehrlich Policastri or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that Lonich Patton Ehrlich Policastri shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or alleged to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
WARRANTY DISCLAIMERS YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF LONICH PATTON EHRLICH POLICASTRI SERVICES AND SOFTWARE IS AT YOUR SOLE RISK. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AS IS AND/OR AS AVAILABLE BASIS. LONICH PATTON EHRLICH POLICASTRI AND OUR SUSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) LONICH PATTON EHRLICH POLICASTRI AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT:
(i) LONICH PATTON EHRLICH POLICASTRI SERVICES WILL MEET YOUR REQUIREMENTS; (ii) LONICH PATTON EHRLICH POLICASTRI SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE LONICH PATTON EHRLICH POLICASTRI SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE;
(iv) QUALITY. ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; AND
(v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR, MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF LONICH PATTON EHRLICH POLICASTRI SERVICES SHALL BE ACCESSED AT YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOADING OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM LONICH PATTON EHRLICH POLICASTRI OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MOVEMENT, OR CONVULSIONS. LIMITATION OF LIABILITY YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT LONICH PATTON EHRLICH POLICASTRI AND ITS PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABLITY TO USE OUR SERVICES;
b) THE COST OF PRECURING SUBSTITUTE SERVICES;
c) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICES
d) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICES. EXCLUSION AND LIMITATIONS THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
NOTICE Lonich Patton Ehrlich Policastri may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any of which may be herein, after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
GENERAL INFORMATION ENTIRE AGREEMENT This TOS constitutes the entire agreement between you and Lonich Patton Ehrlich Policastri, LLP and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Lonich Patton Ehrlich Policastri Services.
CHOICE OF LAW AND FORUM It is at the mutual agreement of both you and Lonich Patton Ehrlich Policastri with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of California without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes arising out of or relating to the TOS, shall be filed within the courts having jurisdiction within the County of Santa Clara, California or the U.S. District Court located in said state. You and Lonich Patton Ehrlich Policastri agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS At any time, should Lonich Patton Ehrlich Policastri fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties never, the, less agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
STATUTE OF LIMITATIONS You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our website or the TOS must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.
VIOLATIONS Please report any and all violations of this TOS to Lonich Patton Ehrlich Policastri as follows: Mailing Address: LONICH PATTON EHRLICH POLICASTRI Attn: Accounting Department, 1871 The Alameda, Suite 400, San Jose, California 95126