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TERMS OF USE

TERMS OF USE

Last updated April 13, 2020

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Holstrom, Block & Parke, A Professional Law Corporation (the “Firm”, “HBP”, “we”, “us”, or “our”), concerning your access to and use of the https://www.hbplaw.com/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

THIS SITE IS NOT AVAILABLE TO CITIZENS OF MEMBER-STATES OF THE EUROPEAN UNION. We may take steps to prevent European Union member citizens from accessing the Site, including (though not necessarily) geoblocking or other technical means of restricting access. Nonetheless, there is no perfect technical solution to accomplish this, so if you are a citizen a European Union member state, please discontinue all use of the Site or our Services and refrain from doing so in the future.

DISCLAIMER OF WARRANTIES AND REPRESENTATIONS; NO LEGAL ADVICE

All information on the Site, including that posted on our blog, is provided on an “as is’” basis for informational purposes only. Holstrom, Block & Parke, A Professional Law Corporation make no warranties or representations as to the authenticity of any content on the Site, nor should you rely on any information publicly posted on the Site or our blog as a substitute for legal representation. You acknowledge that the public posting of such content does not constitute legal advice, nor does it, by itself, create an attorney-client relationship subject to any duties of confidentiality or evidentiary privilege. The only way to become our client is through mutual consent in writing. We expressly disclaim all warranties with regard to the information on this Site, including all implied duties of merchantability, fitness of a specific purpose, and non-infringement.

SOLICITING REPRESENTATION
If you are interested in our representing you, please call us, email us, or otherwise contact us so we can assess whether we are willing or able to accept professional responsibility for your matter. The telephone numbers for our offices are listed on our Site. If you submit information to us by email, contact form, or otherwise, you acknowledge that it will not be considered confidential absent an express written agreement by the Firm to maintain your information in confidence. We reserve the right to decline any representation, and may be required to decline representation if it would create a conflict of interest with any of our current or former clients.

INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a citizen of any member-state of the European Union; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; (5) your use of the Site will not violate any applicable law or regulation; (6) you acknowledge that no information contained on the Site (including our blog) should be construed as legal advice; and (7) you understand that no attorney-client relationship is formed in the use of our Site or your submitting Submissions unless we expressly and mutually agree to forming such a relationship.

PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Trick, defraud, or mislead us, especially in any attempt to learn sensitive personal information, such as information identifying or related to the Firm’s clients.
  3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  5. Use the Site in a manner inconsistent with any applicable laws or regulations.
  6. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous submission of repetitive text), that interferes with any party’s uninterrupted use of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  7. Delete the copyright or other proprietary rights notice from any Content.
  8. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  9. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  10. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  11. Make any unauthorized use of the Site, including collecting email addresses of users by electronic or other means for any unauthorized purpose, including, but not limited to, sending unsolicited email, gaining an unfair advantage in a transaction or litigation, harassing any person, or accessing personal or confidential information.

USER SUBMISSIONS
The Site does not offer users to submit or post content. You may submit questions, comments, or solicitations for a consultation or services to the Firm or its attorneys through the “Contact Us” form on the Site, by telephone, or by email (collectively, “Submissions”). Any Submissions you transmit may be treated in accordance with the Site’s Privacy Policy. When you create or make available any Submissions, you thereby represent and warrant that:

  1. The creation, transmission, or performance, and the accessing, downloading, or copying of your Submissions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. Your Submissions are not false, inaccurate, or misleading.
  3. Your Submissions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  4. Your Submissions do not otherwise violate, or link to material that violates, any provision of these Terms.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

SUBMISSION LICENSE
You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices. By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Submissions. You retain full ownership of all of your Submissions and any intellectual property rights or other proprietary rights associated with your Submissions. We are not liable for any statements or representations in your Submissions provided by you in any area on the Site. You are solely responsible for your Submissions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Submissions, to the fullest extent permissible by law.

REVIEWS
Our Site proudly displays testimonies from our clients about our Firm’s services (“Reviews”). Displayed Reviews are created by real clients and are genuine in their content. We do not provide monetary compensation or free legal services for submitting a Review. If you would like to submit a Review, please contact an attorney at the Firm or contact us through our contact form. By submitting a Review to us, you agree and consent to our publishing it on our Site or elsewhere for marketing purposes. We may accept, reject, or remove Reviews in our sole discretion. We do not substantially alter Reviews from how they are submitted, though we may make modifications (in our sole discretion) for legibility or clarity, or out of concern that public disclosure that some information may run contrary to our clients’ interests. We take steps to protect Reviewer’s identity and confidential information (such as by only using a last initial to identify a Review’s author), though if we have posted a Review submitted by you on our Site and you would like us to remove it, please contact us and we will do so.

SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://www.hbplaw.com/privacy-policy/. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will always be available. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by and defined following the laws of California. Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Los Angeles, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose.

INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; or (3) any breach of your representations and warranties set forth in these Terms of Use. any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS
These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Holstrom, Block & Parke, A Professional Law Corporation
1897 California Ave., Suite 102
Corona, California 92881
United States
Phone: (855) 939-9111
Fax: (951) 734-8832

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1897 California Ave., Ste. 102, Corona, CA 92881

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3780 12th Street, Riverside, CA 92501

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3111 Camino Del Rio, N., Ste. 442, San Diego, CA 92108

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380 S. Melrose Dr., Ste. 347, Vista, CA 92083

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