Terms of Service

The following terms and conditions govern all use of personalinjuryattorneysd.com and all content, services and products available at or through the website (taken together, Website).  The Website is owned and operated by James S. Iagmin (“Law Firm”).  The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules and policies (including the Law Firm’s Privacy Policy and Disclaimer).

Please read this Agreement (“Agreement”) carefully before accessing or using the Website.  Your access or use of the Website constitutes your acceptance of the terms below.

Changes and Modifications

The Law Firm may, at any time revise this Agreement, or the Privacy Policy, or Disclaimer by posting amended versions 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.  If at any time you find the Agreement, the Privacy Policy or the Disclaimer unacceptable, you must leave the website immediately.

Informational Purposes Only

The materials on this website are for general informational purposes only and shall neither constitute legal advice, nor an agreement for legal services.

No Attorney-Client Relationship

Under no circumstances does use of this website establish, directly or indirectly, an attorney-client relationship between you and The Firm.

Under no circumstances does your use of the Website establish or create, directly or indirectly, an attorney-client relationship between you and the Law Firm. The Law Firm is available for consultation regarding legal matters; however, the act of sending electronic mail or making an online contact, asking a question, and/or scheduling a consultation does not create an attorney-client relationship. The Law Firm is under no obligation to respond to your messages, and if such response is given, that alone does not create an attorney-client relationship. The attorney-client privilege will not protect your message, as you do not have an attorney-client relationship with the Law Firm solely as a result of your initial inquiry. If the Law Firm and you agree to enter into an attorney-client relationship, you will be required to sign a written Agreement Letter which the Law Firm will provide to you.

No Attorney-Client Privilege

Because you are not a client of the Law Firm, information provided by you to the Law Firm may not be protected by the attorney-client privilege.  Please do not send any confidential information via email or the Free Case Evaluation Form on the Website.

Prohibited Uses

By accessing or using the Website, you agree that you will not use the Website to

1. Upload or transmit content that violates the privacy, intellectual property or other proprietary rights of any third party;
2. Transmit viruses, Trojan horses, worms, malicious code or other harmful or destructive content;
3. Violate this Agreement, the Privacy Policy, the Disclaimer or any applicable law or regulation, including without limitation laws designed to regulate unsolicited e-mail or other electronic advertising;
4. Harm the goodwill or standing of the Law Firm or any of its clients, partners, employees, affiliates, agents, contractors or representatives;
5. 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;
6. Attempt to interfere with the use of the Website by any other user.

Consent to Receive Email

By becoming a client of the Law Firm, you may consent to receive Law Firm emails and newsletters which the Law Firm mails to your address on file with the Law Firm.  If you are not a client and/or would like to stop receiving emails or newsletters you should unsubscribe or “opt-out” by clicking the link to do so in any of the emails or newsletters.

Attorney Advertisement and Past Results

The Website may be considered attorney advertisement.  The facts and circumstances of each case are different and results may not be typical.  Past results are not a guarantee of future outcomes.

Intellectual Property and DMCA Policy

The Law Firm asks others to respect its intellectual property rights, and respects the intellectual property rights of others.  If you believe the material on the Website violates your copyright, you should immediately send a written notice (“Notice”) to the Law Firm including the following information: 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 the Law Firm 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.

The law firm will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.  The Law Firm will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of the Law Firm or others.

The content located on the Website, including this Agreement, is the copyrighted property of the Law Firm and its licensors.  The Law Firm name, the personalinjuryattorneysd.com domain name, and all other names and logos used by the Law Firm in connection with the Law Firm’s goods and services are trademarks and service marks, or registered trademarks and registered service marks, of the Law Firm or its Licensors.

This Agreement does not transfer from the Law Firm to you any Law Firm intellectual property, and all right, title and interest in such property will remain solely with the Law Firm.  Your use of the website grants you no right to reproduce or otherwise use any Law Firm or Third-Party trademarks.

Termination

The Law Firm may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.  If you wish to terminate this Agreement, you may simply stop using the Website.

Disclaimer of Warranties

The Law Firm hereby disclaims all warranties of any kind, express or implied, including without limitation, any warranties of merchantability, fitness for a particular purpose or non-infringement.  Operation of the Website may not be uninterrupted or error free.  You assume all responsibility and liability for all harms, to you or to any third party, arising from your use of the website.

Limitation of Liability

In no event will the Law Firm be liable with respect to any subject matter of this Agreement under any contract, negligence strict liability or other legal or equitable theory.  The Law Firm shall have no liability for any failure or delay due to matters beyond its reasonable control.  By accessing or using the Website, you agree that this Limitation of Liability represents a reasonable allocation of risk and is a fundamental element of the basis of your access or use of the Website.

General Representation and Warranty

You represent and warrant that your use of the Website will be in strict accordance with this Agreement, the Law Firm’s Privacy, the Law Firm’s Disclaimer, and with all applicable laws and regulations including any local laws in your country, state, city or other governmental area regarding online conduct and acceptable content.  You further represent and warrant that your use of the website will not infringe the rights of any third party.

Indemnification

You agree to indemnify and hold harmless the Law Firm and its partners, employees, affiliates, agents, contractors and representatives from and against any and all claims, losses, costs, damages, liabilities, and expenses (including attorneys’ fees) arising from your use of the Website (including, but not limited to, your violation of this Agreement).

Miscellaneous

This Agreement constitutes the entire agreement between the Law Firm and you regarding your use of the Website.  This Agreement may only be modified as stated above, or by amendment signed by an authorized representative of the Law Firm.

Except as otherwise provided by applicable law, if any, this Agreement and any access or use of the Website will be governed by the laws of the State of California, U.S.A., excluding its conflict of law provisions.  The proper venue for any disputes arising from your access or use of the Website will be the state and federal courts located in San Diego, California.

Any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Diego, California, in the English language and the arbitral decision may be enforced in any court.  The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

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.

This Agreement and all of your rights and obligations hereunder are not assignable or transferable by you without the prior written consent of the Law Firm.  The Law Firm may assign or transfer its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.