Terms and Conditions
These Terms and Conditions set forth the terms by which you may use The Prinz Law Office’s Silicon Valley Software Law Blog Website (the “Website”). By using this Website, you acknowledge that you have read, accepted, and agreed to be bound by these Terms and Conditions.
1.No Legal Advice. The materials at this Website have been prepared by The Prinz Law Office for general information purposes only and should not be construed as legal advice or a legal opinion on any specific facts or circumstances. Information on this Website is not promised or guaranteed to be accurate or complete. The Prinz Law Office expressly disclaims all liability with respect to actions taken or not taken based on any of the contents of this Website.
2.No Attorney-Client Relationship. The Prinz Law Office does not seek to establish any representation of any person or entity as a result of any visit to this Website. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship between the sender and receiver. Readers should not act upon any information provided on the website without seeking professional counsel. Persons contacting The Prinz Law Office through the Website should not send confidential or sensitive information, and should not ask specific legal questions without first speaking to an attorney directly. If you wish to have an attorney respond to your message and contact you, you may provide general, unspecific information about the nature of your inquiry, without providing any confidential specifics, or if the matter is very time-sensitive, you may contact us directly by telephone. No information submitted electronically through the Website or email to The Prinz Law Office or to any firm attorney will be treated as privileged or confidential, until an attorney-client relationship has been established. Any person submitting confidential or sensitive information to The Prinz Law Office before an attorney-client relationship has been established waives all rights to confidential protection and/or attorney-client privilege. Please do not consider there to be any attorney-client relationship between you and The Prinz Law Office, unless or until: (i) you have sought to retain the firm; (ii) the firm has had an opportunity to check and clear any conflicts; (iii) you have received a letter from the firm confirming the retention and its scope; and (iv) we have received in full any retainer payment required from you to begin work. The Prinz Law Office assumes no responsibility for the loss of confidential information that you transmit to us via the World Wide Web or Internet.
3.Authorized Jurisdictions; Certifications. The Prinz Law Office attorneys are licensed to practice only in the jurisdictions set forth in their respective biographies on the Website. Except as expressly stated, no attorney at The Prinz Law Office is certified (including as a specialist) by any professional or government authority. The listing of practice groups is not intended to indicate any professional or governmental certification.
4.Responsible Attorney. If the bar jurisdiction requires us to identify an attorney responsible for this Website, The Prinz Law Office designates Kristie Prinz in its Los Gatos office in California as its responsible attorney and office.
5.Attorney Advertising Notice. Prior results by The Prinz Law Office do not guarantee a similar outcome. If you have any questions related to attorney advertising rules, please direct your inquiries to Kristie Prinz at The Prinz Law Office, P.O. Box 1594, Los Gatos, CA 95030 at 408.884.3577.
7.Photographs. The photographs published on this Website, with the exception of any photographs on the Biography Section of the Website, are stock images, and were selected and licensed for use by The Prinz Law Office from Third Party Sites. These stock images should not be construed as representations of actual lawyers, employees, or clients of The Prinz Law Office. In contrast, any photographs published on the Biography Section of the Website are of actual lawyers for The Prinz Law Office and should be construed as actual representations of such persons.
8.Intellectual Property. Except to the extent that intellectual property on the Website is licensed by The Prinz Law Office from a third party to use on the Website, The Prinz Law Office owns all right, title, and interest in the content, designs, logos, marks, and other intellectual property on the Website (collectively the “Intellectual Property”). The Prinz Law Office hereby grants to you a personal, non-exclusive, non-transferable, revocable license to access and use our Website and the information contained within this Website. You may make a limited number of copies from this Website for your own personal, non-commercial purposes, provided that you maintain and do not alter or remove any copyright, trademark, or other proprietary notices. Unless you receive The Prinz Law Office’s prior express written consent (except for the express limited purposes permitted above), you may not (a) copy, reproduce, publish, distribute, create derivative works of, sell, transfer, display, transmit, compile, or collect in a database, or in any manner commercially exploit, any copyright-protected element of the Website, including the content and design; (b) make any use of The Prinz Law Office’s trademarks, trade dress, and/or other Intellectual Property; (c) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including but not limited to images, text, page layout, or form) of The Prinz Law Office; or (d) use any meta tags or other “hidden text” utilizing The Prinz Law Office’s name or trademarks. Please contact The Prinz Law Office at 408.884.2854 with any requests for permission. The Prinz Law Office makes no representations concerning, and assumes no liability for any infringing or non-infringing designs, logos, marks, or other intellectual property owned by third parties, if any, on this Website. Alleged intellectual property violations should be reported to The Prinz Law Office’s Responsible Attorney as defined in Section 4 of these Terms and Conditions above.
9.Disclaimer; Limitation of Liability. This Website is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice.Any opinions expressed in this Website are the opinions of the author, Kristie Prinz, and not the opinions of The Prinz Law Office generally. The Prinz Law Office makes no guarantee or representation, either express or implied, as to the accuracy or completeness of any information on this Website. The information is provided “as is” and The Prinz Law Office makes no representation that it is complete, current, or free from errors or omissions. The Prinz Law Office does not control the content posted to the Website or linked to the Website through Third Party Sites, and The Prinz Law Office does not guarantee the accuracy, integrity, quality, or appropriateness of such content. The use of this Website and any Third Party Sites linked to our Website is at your own risk. Access to this Website or any Third Party Sites may be interrupted by a variety of factors, including those outside our control. The Prinz Law Office cannot warrant or represent that access to this Website or any Third Party Sites will be continuous, uninterrupted, virus-free, or secure, nor can The Prinz Law Office ensure that the website will be bug-free, error-free, or free of technical problems. The Prinz Law Office will however, use reasonable care to maintain uninterrupted, bug-free, error-free service on the Website. TO THE EXTENT PERMITTED BY LAW, THE PRINZ LAW OFFICE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. THE PRINZ LAW OFFICE SHALL NOT BE LIABLE FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE PRINZ LAW OFFICE DOES NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS IN THE WEBSITE CAN OR WILL BE CORRECTED OR THAT THE WEBSITE WILL OPERATE BUG-FREE, ERROR FREE, OR UNINTERRUPTED.
10.Indemnification. You agree to defend, indemnify, and hold The Prinz Law Office and its attorneys, employees, subcontractors, assigns, successors, and affiliates harmless from and against any and all claims, demands, liabilities, judgments, losses, damages, costs, fees, and expenses, including but not limited to reasonable attorneys’ fees arising from or related to your use of this Website or your acts and omissions related to this Website, including but not limited to: (a) infringement or misappropriation of any intellectual property rights; (b) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; (c) spamming, or any other offensive, harassing or illegal conduct in violation of these Terms and Conditions; or (d) any damage or destruction to our Website, or to us, or to a third party which is caused by or otherwise results from your acts and omissions.
11.Dispute Resolution. This Agreement shall be construed, governed by, and enforced, in accordance with the laws of the State of California, without regard to conflicts of law principles. All disputes or controversies arising out of or in connection with these Terms and Conditions, their interpretation, performance, or termination, shall be submitted initially to informal dispute resolution, in which case one representative from each party will meet at a neutral location within thirty (30) days of the commencement of the conflict in order to attempt in good faith to resolve the dispute. In the event that the parties are unable to resolve such dispute within thirty (30) days following the first meeting of the parties, then the dispute shall be submitted to non-binding mediation conducted by ADR Services, Inc., 50 Fremont Street, Suite 2110, San Francisco, CA 94105. The parties shall share equally the costs of mediation. If the Parties are unable to resolve the dispute, either informally or by non-binding mediation, the parties shall submit the dispute to binding arbitration in Santa Clara County, California under the Commercial Rules of the American Arbitration Association. The costs of the arbitration, including administrative and arbitrators’ fees, shall be shared equally by the parties. Each party shall bear its own costs and attorneys’ and witnesses’ fees. The arbitration award shall be final and each party shall comply in good faith and submit itself to the jurisdiction of the appropriate state or federal courts in Santa Clara County, California for the sole purpose of the entry of such arbitrator’s award to render effective such arbitration decision. Notwithstanding the foregoing, judgment on the award by the arbitrator may be entered in any court having jurisdiction. If judicial enforcement or review of the arbitrator’s decision is sought, the prevailing party shall be entitled to costs and reasonable attorneys’ fees.
12.Miscellaneous. These Terms and Conditions constitute the entire agreement between you and The Prinz Law Office. A waiver of any breach of any provision of these Terms and Conditions shall not be deemed to be a waiver of any subsequent breach or in any matter affect any other terms or conditions of these Terms and Conditions. The failure of The Prinz Law Office to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found to be invalid, the parties nevertheless agree that they shall give effect to the Parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or Terms and Conditions must be filed with one (1) year after such claim or cause of action arose or be forever barred.
13.Acknowledgement. You acknowledge that you have read and understand these Terms and Conditions, and that these Terms and Conditions have the same force and effect as a signed agreement