TERMS OF USE
Effective as of October 14, 2010

 

Welcome to , the website and online presence (the “Site”) of Wise Law Group, LLC. (“Wise Law Group, LLC”, “we”, or “us”) a California Limited Liability Corporation whose principal office is located in San Diego, California.

THE TERMS OF USE SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THE SITE VIA THE INTERNET, THE WORLD WIDE WEB, MOBILE NETWORKS, OR ANY OTHER COMMUNICATION METHODS NOW KNOWN OR IN THE FUTURE DEVELOPED.   IN CONSIDERATION FOR ACCESS TO AND/OR USE OF THE SITE, YOU ("YOU", “YOUR”, “USER”, OR, COLLECTIVELY, "USERS”) AGREE TO READ THE TERMS CAREFULLY BEFORE ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS, AND YOU AGREE TO BE BOUND BY THE TERMS.  HE TERMS ARE A LEGAL CONTRACT BETWEEN YOU, AND WISE LAW GROUP AND GOVERN YOUR ACCESS TO AND/OR USE OF THE SITE.  IF YOU DO NOT AGREE WITH ANY OF THE TERMS, CLOSE THE SITE DOWN IMMEDIATELY AND DO NOT ACCESS OR OTHERWISE USE OR ANY INFORMATION CONTAINED ON THE SITE

  1. Definitions
    1. Affiliate” means any business entity with which Wise Law Group has a business or contractual relationship, including, but not limited to, agents, partners, associates, and parent or subsidiary entities. 
    2. Content” means any intellectual property, data, or communications Transmitted by Wise Law Group, Users, or Third Parties via the Wise Law Group platform (the “Platform”) including, but not limited to, articles, audio, blog postings, comments, documents, editorial content, featured site profiles, files, images, listings, logos, messages, music, photos, postings, questions and answers, ratings, recommendations, reviews, sounds, site profiles, tags, text, trademarks, or videos.
    3. Wise Law Group Content” means content generated by Wise Law Group.
    4. "Wise Law Group Technology" means the past, present and future intellectual property comprising the Platform, including, but not limited to, all software, code processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectable elements of the Platform and all other tangible or intangible materials related to, displayed, performed, or distributed on the Platform and the Platform itself, including, but not limited to, the selection, sequence,  "look and feel", and arrangement of items on the Platform, and all Wise Law Group Marks, domain names, patents, and other intellectual property.
    5. "Third Party Content" means Content that is made available on the Site by parties other than Wise Law Group.
    6. Transmit” means uploading, submitting, posting, distributing, downloading, disseminating, receiving, or otherwise making available Content.
  1. Age Requirement

 

The Site is not intended for Children.  If you are under 18 years of age, then please do not access or use the Site at any time or in any manner. 

BY USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE.

  1. For Personal Use Only

 

Content on the Site is available only for the personal non-commercial use of Users and all other use is prohibited, unless otherwise stipulated in a separate agreement between You and Wise Law Group.  You may not take any of the following actions or encourage others to take the following actions:  1) use the Site to increase traffic to Your website for commercial reasons, such as advertising or sales; 2) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; 3) “scrape” the Site, or use any bot, spider, scraper, data miner, or automated agent to access and/or or use the Site or gain access to and/or use any Content on the Site; 4) take Content from the Site and reformat and display said Content, or mirror and/or frame any pages of the Site on any other website; or 5) attempt to decipher, decompile, disassemble, or reverse engineer any Wise Law Group Technology. 

You acknowledge that if You violate this provision of the Terms, in addition to all other remedies available to Wise Law Group, we will be entitled to liquidated damages in the amount of $50,000. You agree and acknowledge that these liquidated damages are a fair and accurate estimate of Wise Law Group’s  actual damages resulting from a breach of this provision and shall not be construed as penalty or punitive damages against you. 

  1. Privacy

 

Wise Law Group respects Your privacy and is committed to protecting the personally-identifiable information we collect from all Users as You access and/or use the Site via the internet, the world wide web, mobile networks, or any other communication methods now known or in the future developed.  Your use of the Site is governed by the Site’s Privacy Policy, and is hereby incorporated into the Terms of Use by reference.  Please read this notice carefully for information related to Wise Law Group’s collection, use, and disclosure of Your personal information.

  1. Your Use of Our Services

 

You agree that by voluntarily providing us with Your personal information, You are  entering into a business relationship with Wise Law Group, requesting that Wise Law Group distribute your information to its Affiliates, and You expressly consent and request to be contacted by Wise Law Group, its employees, representatives, agents, Affiliates, and third party contracted vendors with promotions and offers, even if the entered telephone number is currently on a federal, state, or wireless Do Not Call list.  By submitting Your personal information, You expressly consent to be contacted by Wise Law Group and our Affiliates.  You expressly understand that these contacts, telephone calls, emails, letters, and faxes are being made pursuant to Your request for such communications.

YOU UNDERSTAND THAT CONTENT ON THE SITE IS FOR ADVERTISING PURPOSES ONLY.  NO CONTENT ON THE SITE SHOULD BE CONSTRUED AS MEDICAL OR LEGAL ADVICE. 

You understand that Wise Law Group is not a lawyer-referral service.  Certain states may consider this an attorney advertisement.  Personal injury legal information presented at this site should not be construed to be legal advice, nor is providing information into the site the formation of an attorney-client relationship.  Information provided by You on this website is only Your request to have a law firm contact You about Your case.   Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee.

By voluntarily providing us information via the online form You agree that You understand that the information that You voluntarily provide us will be reviewed by more than one attorney and/or law firm, and that you may be contacted by more than one attorney and/or law firm.  You agree that the information that You receive in response is for general information purposes and that You will not be charged for this response.  You further agree that You understand that the law for each state may vary, and therefore, You will not rely upon this information as legal advice.  Since this matter may require advice regarding Your home state, You agree that local counsel may be contacted for referral of this matter, and the Wise Law Group bears no responsibility for retaining local counsel or otherwise as a result of Your submission of Your contact information to Wise Law Group.

You further agree that You are solely responsible for investigating any attorney or law firm who contacts You and that: (a) neither Wise Law Group, nor its Affiliates may be held responsible for any claims You may have resulting from the services or information you may receive; and (b) Wise Law Group makes no representations or warranties regarding the licensing, bonding or qualifications of any person who may contact You based upon the submission of Your information to Wise Law Group.  

  1. Change of Terms Of Use

  1.   Wise Law Group Content

 

Unless otherwise noted, all Content on the Site is Wise Law Group Content and is owned, controlled, or licensed by Wise Law Group and is protected by copyright, trademarks, service marks, and/or other intellectual property rights.  You agree that you shall acquire no rights in Wise Law Group Content or in Wise Law Group Technology unless otherwise noted in writing by Wise Law Group.  You may not copy, reproduce, frame, republish, download, upload, post, transmit, distribute, hyperlink, or exploit Wise Law Group Content for commercial use in any way without the prior written consent of Wise Law Group.  

  1. License to Access and/or Use

 

Wise Law Group grants You a limited, personal, non-exclusive, non-transferable, freely revocable license to access and/or use Wise Law Group Content and Wise Law Group Technology that is on the Site for the purpose of learning/informing yourself about Wise Law Group’s  services.  You acknowledge and agree that with exception to this limited license You have no right to modify, edit, copy, reproduce, create derivative works, or reverse engineer, alter, enhance, or in any way exploit any of the Wise Law Group Content or Wise Law Group Technology in any manner unless otherwise noted in writing by Wise Law Group.  This limited license terminates automatically, without notice to You, if You breach any of the Terms. 

  1. Reservation of Rights.

 

Wise Law Group reserves all rights not expressly granted in the Terms unless otherwise noted in writing by Wise Law Group.

  1. Prevention of Unauthorized Use.

 

Wise Law Group reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Site and Wise Law Group Technology, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
 

  1. Links to Other Websites or Services

The Site may include links or references to other websites or services (“Linked Sites”).  Linked Sites are provided for Your convenience and information only.  Wise Law Group does not control the availability and content of Linked Sites.  Access and/or use of Linked Sites, including the information, materials, products, and services on or available through Linked Sites is solely at Your own risk.  Any concerns regarding Linked Sites, or any information, resources, or services therein, should be directed to the operator of the particular Linked Site.

  1.   Changes to the Site

 

Wise Law Group may discontinue or change any Content, service, function, or feature at any time with or without notice.

  1.   Disclaimers

 

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WISE LAW GROUP, OUR SUPPLIERS, LICENSORS, AND AFFILIATES, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. 

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK.  THE SITE AND ALL CONTENT THEREON IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

WISE LAW GROUP, OUR SUPPLIERS, LICENSORS, AND AFFILIATES DO NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SITE OR ANY LINKED SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

WISE LAW GROUP, OUR SUPPLIERS, LICENSORS, AND AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR ANY LINKED SITES IN TERMS OF USE OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

NEITHER WISE LAW GROUP, NOR THE SITE, IS AFFILIATED WITH, SPONSORED, ENDORSED, OR APPROVED BY THE MANUFACTURERS OF ANY OF THE PRODUCTS MENTIONED ON THE SITE.

  1.   Limitation of Liability and Damages

 

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WISE LAW GROUP, OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE CONTENT ON THE SITE OR ANY LINKED SITES, OR ANY OTHER INTERACTIONS WITH WISE LAW GROUP, EVEN IF WISE LAW GROUP OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.  THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THE TERMS OF USE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

USERS WHO ARE CALIFORNIA RESIDENTS AGREE TO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
 

  1.   Indemnification

You agree to indemnify, defend, and hold Wise Law Group LLC., our Affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to Your violation or alleged violation of the Terms or access and/or use of the Site.

  1.   Waiver

 

The failure of Wise Law Group to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision.  Any waiver of any provision of the Terms will be effective only if in writing and signed by a duly authorized agent of Wise Law Group.

  1.   Governing Law.

The Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

  1.   Jurisdiction.

You agree that any action at law or in equity arising out of or relating to the Terms Of Use or Wise Law Group will be filed only in the state or federal courts in and for San Diego County, California and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action and expressly submit to extraterritorial service of process.

  1.   Attorneys Fees

If any litigation is necessary to enforce the Terms the prevailing party shall be entitled to reasonable attorney fees, costs, and expenses.

  1.   International Use

 

Wise Law Group makes no representation that Content on the Site is appropriate or available for use in locations outside the United States.  If You choose to access and/or use the Site from a location outside the U.S., You do so on Your own initiative and You are responsible for compliance with local laws.

  1.   Severability

If any provision of the Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

  1.   Assignment.

Your rights and licenses under the Terms may not be transferred or assigned by You, but may be assigned by Wise Law Group without restriction.  Any assignment attempted to be made in violation of the Terms shall be void.

  1.  Headings.

The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.

  1.   Relationship

The Terms create no agency, partnership, joint venture, or employee-employer relationship between You and Wise Law Group unless otherwise noted in writing by Wise Law Group.

  1.   Entire Agreement.

The Terms are the entire agreement between You and Wise Law Group relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms made by Wise Law Group as set forth in Section 6 of the Terms.

  1.  Contact Information

Any comments, complaints, or requests for further information can be directed to:

Wise Law Group
4350 Executive Way, Suite 150
San Diego, CA 92121
email

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