Last Updated October 10, 2017
Welcome to the Shandlerlaw.org website operated by Shandler & Associates (Company). “Our” and “we” “Company” refers to Shandler & Associates. Shandler & Associates includes but is not limited to each and every attorney of Shandler & Associates, its employees, its independent contractors, its vendors, its affiliates, its assigns, successors in interest, its heirs in fact or at law, its members, directors, officers, owners, shareholders, proprietors, its advisors, its professional counsel, its representatives, its licenses holders, its parent and/or sister companies which shall be collectively referred to as Shandler and/or Company.
Purpose of Service:
It is our intent to provide the client/customer/User access to a large variety of information, links, ideas, platforms on which customers/Users may interact with the Website. In order to provide a safe, User friendly, and pleasant experience and environment for Users/customers, we have established Terms of Service and Privacy Policies. We hope to encourage Users to become clients of our firm. However, our intent is to only seek clients in the State of California.
Everyone who complies with the Terms of Service and Privacy Policies is welcome to use/access the Service, however only those people who are 18 years of age or older and/or those under 18 years old with the assistance of a guardian may actually contract for the services provided by Shandler & Associates.
Disclaimers and Limits of Liability
Company strives to provide uninterrupted and reliable Service. We attempt to keep the content up to date and current. However, you must do your own research from primary sources and/or contact a competent attorney who has expertise in the area of law controlling your particular issue. Do not act or fail to act based upon any information that may be found on this website.
Use at your own risk.
No guarantee of service continuity or reliability
NO guarantee is made by the Company, Company’s Affiliates, directors, officers, managers, members, owners, shareholders, employees, agents, third party service or content providers, merchants, sellers or resellers, sponsors, licensors, licensees, assignors, assignees (which all will collectively be referred to as Associates) that: 1) the Service will be uninterrupted, 2) that an email message will be received, 3) that Shandler & Associates will accept your case, 4) the Service will be error-free, 5) that the Service will be accurate, reliable, or current at the time you use the Service, 6) as to Service, 7) hosting services will be uninterrupted, 8) that Company will respond to your email 9) of the results you obtain during or after your Use of the Service, 10) that all opinions expressed by Associates are true in fact or from another’s perspective.
User understands that our website is hosted by a third party hosting company and other internet technology companies to operate this website. Said third parties my have access to information about Users’ use of this website and information that Users submit online.
Should User suffer any adverse consequences from the use of Services, the Company, the Company specifically disclaims any responsibility and liability
To the fullest extent permitted by law, under no circumstances is the Company liable for any damages or claims, including but not limited to: 1) damage to User’s computer, data, computer storage, as a result of accessing and/or using Services of Company or its Associates or from any and all links, The Service is provided on an “As is” and As Available basis.
The Company specifically disclaims and does not make any guarantees or warranties whether express or implied as to the merchantability of Services, products, and/or representations made by third party providers for any particular purposes.
No oral advice, including customer service, or written or electronically delivered information provided by the Company or its Associates as defined above shall create any warranty and/or guarantee whatsoever, shall not establish an attorney client relationship, and will not create an attorney-client privileged communication.
To the fullest extent permitted by law and under no circumstances shall the Company, its Associates (as defined above), or any persons or entities in the chain of production and/or distribution and/or the Services provided, be liable for any direct, indirect, consequential, special or general, incidental damages, fees, or costs under any theory of law before any tribunal in any venue (including but not limited to any losses, damages, adverse consequences, lost opportunities, emotional consequences, damage or loss to User’s computer or data from the Use of Services or that result from errors, omissions, mistakes, file deletion, email deletion, defects, viruses, hacking, delays in operation or transmission, or any failure of performance whether a result of Company’s negligence, Company’s intentional decisions, Acts of God, communication failures, theft, destruction, and/or unauthorized access to Company’s records, programs, Services by an insider or outsider.
Notice is hereby given that all content and claims made are opinions, but not legal opinions regarding a particular matter or particular instance, of Company, Affiliates, Associates, and/or Third Party Providers. Company, Affiliates, Associates, and/or Third Party Providers who/which do not warrant nor guarantee the accuracy, completeness, usefulness, nor any merchantability, nor merchantability for any particular use of any content or IP contained in Services. Company, Affiliates, Associates shall not be liable for any and all adverse consequences to User because of User’s reliance on said content, IP, Service. User is responsible to perform their own due diligence, investigation, and research and to independently evaluate the content, IP, opinions and claims of Service.
Refusal of Service
The Company reserves the right to decline to respond to any communication placed through this Website and reserves their right to decline a potential case/matter and/or a potential client for cause or no cause at all.
A By using the Services, the User hereby specifically acknowledges that (collectively referred to as Components):
Services are included in this agreement.
That all Limits of Liability are included in this agreement.
That this Agreement applies to All services, Affiliates, and Associates without limitation, and to all advertising, promotional materials, distribution channels of the Company
That this Agreement applies to all internet, telephone, advertising, TV, mobile devices, radio, catalog, social media platforms, physical offices, email, fax content.
Ownership and Use of Site Material Proprietary Rights
All content contained on Website or its original design structure, including but not limited to, all page headers, images (images of others used with permission), illustrations, graphics, text (some text from others used with permission), diagrams, posts, slogans, stylized fonts for words of art, organization and structure are subject to trademark, service mark, copyright, trade dress and/or any other intellectual property rights, claims, and licenses are owned by their respective registered owners and are exclusively licensed to Company.
Portions of the Service is provided by and is dependent upon third party service providers (eg wireless, social media platforms, software) who have their own terms, policies and guidelines and license agreements of which User should become familiar. Company, its Affiliates, its Associates do not and cannot control these third party providers’ acts or omissions and are not liable for any such acts or omissions performed or not performed by third party providers.
User acknowledges and agrees that the Service contains content, information, data, images, software, photographs, graphs, videos, typeface, trade dress, sounds, music, design, slogans, product titles, style, , presentations, trademarks, registered trademarks (collectively referred to as “IP”) are valid and protected by copyrights, trademarks, or other proprietary rights. The entire IP is copyrighted as a whole and individually under the US Copyright laws. The Company, its Affiliates, and/or its Associates or other third party licensors may own a copyright, trademark, image and/or descriptions. User may not modify, alter, delete or add to the IP in any way. You may not transfer, sell, or use IP for derivative works or in any way exploit, in whole or in part, the proprietary interest in the IP. If you use the IP, then you agree to use it only for non-commercial personal uses. All proprietary notices, including but not limited to trademark, registered trademark, and copyright shall remain intact on all use of the IP. Except as provided by fair use privilege (17 U.S.C Section 107) and the authorization given above, you may not download, upload, post, reproduce, distribute, sell, license any IP without the specific written consent of the owner
Original content User submission defined
All User submissions, no matter how they are marked, of original works of the Submitter and are uncopied and unexploited works of others in any and all formats at any time:
Submitted in response to any contest
Submitted in response for request for submissions
Submitted on any forum
Submitted on any of Company’s social media platforms
Submitted on You Tube
Submitted in an email or by fax
Submitted in reviews, comments, chat rooms, website chat
Submitted by interview or public appearance
User submissions will never be returned. User submissions are not confidential whether or not accepted and are subject to disclosure to others/other entities. Company, its Affiliates, and its Associates are not liable for any disclosure of any User Submission of original content. User agrees that any and all material submitted, posted, interactively uploaded to Services of Company, Affiliates, Associates is original. All Users agree that Company does not monitor the originality of all submissions or posts and Users further agree that Company, Affiliates, and Associates are in no way liable for any adverse consequences suffered by any User or their victim.
The Company does not claim ownership of any original Content User submits or makes available for inclusion on the Service. User specifically warrants that all Content, IP material User submits to Company is an original work and that no other person/entity has any potential claim of infringement or rights in the Content, IP submitted. User specifically and irrevocably fully authorizes Company (including its Affiliates and Associates with permission of Company) the exclusive right (shared only with User) to commercially utilize said original Content in perpetuity without compensation. The Company, in its sole discretion, shall determine: 1) when, if ever, the original Content is utilized, 2) how the original Content is utilized, 3) what creative credits will be attributed to the Content, 4) whether the full Content or a portion of the Content is utilized, 4) where it will be utilized, 5) the format in which it will be utilized.
User/Submitter specifically and generally grants Company (and its Affiliates or Associates with permission of Company) with respect to all submitted Content to use, communicate, reproduce, publish, modify, alter, adapt, translate, license, sublicense, distribute, sell, assign, create derivative works in any and all ways Company determines is in its own best interest. It is agreed by User/ Submitter that any resultant Content, after Company modification, alteration, derivation, or otherwise exploited as granted in the first sentence of this paragraph, becomes entirely owned and the exclusive Content, IP of the Company and in which User has no interest in or proprietary rights.
It is hereby agreed that Company, in its sole discretion, at any time and without prior notification to User, suspend and/or terminate any portion of the Service.
Use of Public Forums
A "public forum" is any publicly accessible message board, social media, chat room, discussion group, folder, survey, contest, sweepstakes, User review and rate forum, or other interactive service or promotion on or accessible via the Service , and includes both public boards and folders. In order to participate in these public forums, you must use, subscribe, or register in accordance with instructions that you will find on the Service. User agrees not to submit or post on any public forum either through Services or through Affiliate or Associates to other Users or Company’s employees unlawful, false, harassing, threatening, abusive, defamatory, violating privacy to personal identifying information, violating any intellectual or other property rights, obscene, profane, hateful, racially, ethnically, or otherwise objectionable, including but not limited to any material that encourages criminal conduct or conduct that could lead to civil liability or conduct that violates any laws. User also agrees to use their correct email address and names and not to impersonate others in order to prevent determination of the originator of communications. User may not use any public forum provided by Company in a commercial manner. User agrees not to solicit funds, advertise goods and services or submit Content which you know or should know is false, belongs to another, contains virus(es) or is harmful to hardware or software, You may not submit or post material that solicits funds, or that advertises or solicits goods or services. Company does not monitor all public forums and cannot prevent the illicit use of public forums without deleting the interactive component. All User’s agree that Company is in no way liable for any or all adverse consequences caused by Company or other Users as a result of other Company or other User posts.
The Rights of Company:
The Company is not responsible for monitoring, screening, policing, editing (collectively Monitor) any Content , IP including but not limited to User Submissions. However, the Company, Affiliates, and/or Associates may, at their own discretion, choose to Monitor said Content, IP which shall not be construed to place any obligation on Company to Monitor Content, and/or IP.
The Company may disclose any and all User records, User electronic records, User submissions or other User information, when, in Company’s sole discretion, Company: a) complies with any law or with law enforcement, b) is told it is required by law, c) protects other Users of the Service d) protects User, e) protects the Company or any of Company’s interests including but not limited to any proprietary information, IP, Content, methods f) properly maintains the Service, g) protects the interests and relationship with Affiliates, Associates, sponsors, merchant channel participants, marketing channel participants, agents, employees.
The Company reserves all rights to terminate User’s account at any time with or without prior notice with or without cause.
The Company reserves the right to prohibit User from posting on Services at any time without prior notice with or without cause.
The Company reserves the right to change any and all of its Services without prior notice with or without cause.
The Company reserves the right to prohibit certain Content and conduct subject to the Company’s sole discretion
Agreement, Arbitration Governing Law
The Service is operated and intended only for residents of California. The Company is Los Angeles, CA Users outside California are welcome to utilize Services for their own edification, however, Company is only seeking clients in California or subject to California law.
User and Company agree that the proper jurisdiction and venue is the Los Angeles Superior Court (Stanley Mosk Branch) in Los Angeles, CA. and that the Laws of the State of California are the applicable laws to any dispute arising out of User’s use of Services.
User and Company agree to binding arbitration before one arbiter from J.A.M.S. User and Company agree to the following terms of arbitration and as permitted by law:
Company shall select the arbiter to adjudicate the dispute,
Arbiter shall only have the authority to award actual direct damages to User,
If permitted by J.A.M.S., the parties may submit the matter on briefs, appear telephonically, or by Skype or a similar service,
The arbiter does not have authority to award any other general, special, or punitive damages
The arbiter does not have authority to award fines, penalties, sanctions, costs, attorney fees or expenses
User will NOT HAVE A RIGHT TO LITIGATE USER’S CLAIM IN COURT AND WILL NOT HAVE A JURY TRIAL.
User agrees that User can not be a representative plaintiff in a class action lawsuit. User and Company agree that the Arbiter only has authority to resolve one User claim at a time and has no authority to consider or decide any claim by any other User unless said User brings an individual claim against Company. The arbiter does not have the authority to consolidate individual lawsuits for plaintiffs that may be similarly situated or otherwise.
User agrees to indemnify, defend, and hold the Company, its Affiliates, and its Associates from any and all claims of damage under any theory of law before any tribunal in any jurisdiction. Further, User agrees to indemnity Company, its Affiliates, and its Associates from any costs, legal fees, expenses incurred as a result of User’s use of Services or any resulting claim User or any other third party/entity who may have claimed or who may now or later claim any damage whatsoever.