Law Offices of Max H. Hacker, A Professional Corporation

LOMHH

Terms of Use

administrator

Introduction

Welcome to the website of Law Offices of Max H. Hacker, A Professional Corporation (“LOMHH,” “we,” “us” or “our”). By accessing or using our website (the “Site”) and the services, programs, resources, and content made available through the Site (collectively, with the Site, the “Services”), you (“User,” “you” or “your”) agree to be bound by these Terms of Use (the “Terms”). You should read these Terms carefully before using the Site. If you do not agree to any of these Terms, you must not use or access the Site. These Terms apply to all users of and visitors to the Site and govern your access to and use of the Site and Services, including, but not limited to, all information, tools, resources, or content provided on or through the Site.

Acceptance of Terms

By accessing and using our Site:

  • You represent that you are at least 18 years of age or of the age of majority in your jurisdiction, and that you have the legal right and capacity to enter into these Terms.
  • If you are accessing the Site on behalf of a company or entity such as an association, professional corporation, or nonprofit organization, then you represent and warrant that you have the necessary authority to bind your company or entity to these Terms.
  • You agree to, and your use of the Site is conditioned upon acceptance of and compliance with these Terms, our Privacy Policy incorporated by reference.

Amendments and Modifications

We may update, modify, or replace any part of these Terms in our sole discretion and at any time. Any revisions are effective immediately upon posting to this page. Your continued use of the Site following the posting of changes is your acceptance of those changes. You are responsible for reviewing these Terms periodically for any updates. If you do not agree to these revised Terms at any time, you must stop using the Site.

Scope of Services

The Law Offices of Max H. Hacker furnishes information, resources and descriptions of legal services on the Site for informational purposes only. The Site provides information regarding services such as contract negotiation and drafting, intellectual property registration and enforcement, business entity formation and strategic counseling for creative artists and companies in the entertainment and digital media industries. No information on the Site shall be construed to constitute legal advice or establishing an attorney-client relationship, respectively. Please contact us directly at [email protected] to obtain legal advice tailored to your specific circumstances.

No Attorney-Client Relationship

Your use of this Site, including any submission of information that is made through web form, email or otherwise, does not create an attorney-client relationship between you and LOMHH or any of LOMHH’s attorneys. An attorney-client relationship can only be created by formal written agreement signed by you and our firm. Do not, therefore, send any confidential or sensitive information to us through the Site or email until such time as an attorney-client relationship has been signed by you and our firm. Any information you send to us before we have engaged you as a client will not be considered privileged or confidential.

User Obligations and Conduct

You shall use the Site only for lawful purposes and in accordance with these Terms. You shall not:

  • Use the Site in any way that violates any applicable federal, state, local, or foreign law or regulation.
  • Impersonate or attempt to impersonate any person or entity or misrepresent your affiliation with any person or entity.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Site, including any other user’s account, computer system, or network connected to the Site.
  • Engage in any conduct that restricts or inhibits the use or enjoyment of the Site by any other person, or which may harm the Site or users of the Site as determined by us in our sole discretion.
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including any purpose that is competitive with us for any reason, without our express prior written consent.

We reserve the right to restrict or terminate your access upon violation of these Terms or otherwise misusing this Site as we see fit in our sole discretion.

Intellectual Property Rights

All content and materials on the Site including, but not limited to, text, graphs, images, logos, trademarks, service marks, trade names, pictures, audiovisual content and software are the property of LOMHH or other licensors to it, as applicable, and are protected by United States copyright, trademark, patent and other intellectual property rights and applicable laws. You are granted a limited, non-exclusive, non-transferable and revocable license to access and use the Site for your personal and non-commercial purposes only. Except as expressly authorized by these Terms, you may not copy, reproduce, distribute, modify, display, perform, publish, license, create derivative works from or sell any content or materials from the Site.

Use of Information and Resources

Disclaimer: all information and resources contained on the Site (hereafter site) are provided for general informational purposes only and are not intended to be legal advice on any particular matter. While we attempt to provide true, accurate, and current content on the Site, we make no claim that any of the information or resources on the Site are complete, error-free, or are appropriate or fit your specific needs or circumstances. Do not act, or refrain from acting, on any information contained in or accessed through the Site without seeking qualified professional legal counsel regarding your specific facts or circumstances. Your reliance on any information posted on the Site is strictly at your own risk.

Third-Party Content and Links

The Site may contain links to third party sites, resources, or content that are not owned or controlled by LOMHH. Such links are provided solely as a convenience to you. We do not review, endorse, warrant, or assume responsibility for any such third party content, site or resource. Your use on any third party site is at your own risk and you should make sure you review the terms and privacy policies on any third party site. We expressly disclaim responsibility for your use of any third party resource.

Service Eligibility and Geographic Scope

Some of the services that we offer are designed only for residents of California, New York and Colorado, but we may provide services to clients in other areas of the United States consistent with services offered in the entertainment and digital media industries with national or worldwide interests. Not all of the services that we describe on the Site are available in all jurisdictions. By your use of the Site, you represent and warrant that your use of the Site and services offered on the Site will be in compliance with all applicable laws and regulations in your jurisdiction. We may at any time and from time, in our sole discretion, restrict your access to the Site or certain features of the Site, or the ability to access any service described on the Site to any person, geographic area or jurisdiction.

Disclaimer of Warranties

The Site and all content, material and services on the Site are provided on an ‘as is’ and ‘as available’ basis without warranties of any kind, either express or implied. To the full extent permitted by law, LOMHH disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, and information accuracy. We do not warrant that the Site will operate without interruption or be timely, secure or error-free or that defects in the Site will be corrected or that the Site and/or the server(s) that make them available are free of viruses or other harmful components. Your use of the Site is at your sole risk.

Limitation of Liability

To the fullest extent permitted by law, Law Offices of Max H. Hacker, its affiliates, officers, directors, employees, agents and/or licensors shall not be liable for any damages of any kind arising out of or in connection with your use or inability to use the Site or any content, materials or services provided through the Site, including without limitation damages of any kind (whether direct, indirect, incidental, consequential, special, exemplary or punitive), whether in an action under contract, tort, negligence, strict liability or any other theory, even if we have been advised of the possibility of such damages. You acknowledge and agree that certain jurisdictions do not allow the exclusion of and limitation of liability for certain damages above. Thus, such exclusions and limitations may not apply to you in connection with a legal matter.

Indemnification

You agree to indemnify, defend, and hold harmless The Law Offices of Max H. Hacker, along with its affiliates, officers, directors, employees, agents, licensors, and service providers, from any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that arise from or relate to your breach of these Terms or your use of the Site. This includes, but is not limited to, any content you submit, post, transmit, or otherwise make available through the Site; any violation of the rights of others; or any breach of applicable laws, regulations, or third-party agreements.

Privacy Policy

Your privacy is of utmost importance to us. The information we collect, how we use it and how we treat that data is explained in our Privacy Policy, which is incorporated by reference into these Terms. By accessing and using the Site, you consent to the collection and use of information in accordance with our Privacy Policy. Contact us at [email protected] if you have any questions related to our privacy policy.

User Submissions

Any content, information, comments, feedback or materials you submit via the Site (“Your Submissions”) (other than material provided for legal or other confidential purposes which is protected by the attorney-client privilege), regardless of the form of submission, will be deemed to be non-confidential and non-proprietary. By submitting Your Submissions to us, you are granting LOMHH a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display Your Submission throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to Your Submission and that such a submission does not infringe any law or the rights of any person or entity.

Copyright Complaints and DMCA Policy

LOMHH respects the intellectual property rights of others and expects users of the Site to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please send our designated agent the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
  • Your contact information, including address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the owner.

Copyright complaints may be sent to [email protected].

Prohibited Uses

You agree not to utilize the Site for any of the following purposes:

  • Engaging in any unlawful activities or soliciting others to perform or participate in unlawful acts;
  • Violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
  • Infringing upon or violating our intellectual property rights or the intellectual property rights of third parties;
  • Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • Submitting false or misleading information;
  • Uploading or transmitting viruses or any other type of malicious code that may affect the functionality or operation of the Site, any related website, other websites, or the Internet;
  • Collecting or tracking the personal information of others;
  • Engaging in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping;
  • Pursuing any obscene or immoral purposes; and
  • Interfering with or circumventing the security features of the Site, any related website, other websites, or the Internet.

We reserve the right to terminate your access to the Site for any violations of the prohibited uses outlined above.

Account Registration and Security

Certain other portions of the Site may require you to create an account with us and/or to register for an activity. You agree to provide us accurate, current and complete information when you register for any such activity and to maintain and promptly update, as necessary, the information you provide to us when registering so as to keep it accurate, current and complete. You will be fully responsible for maintaining the confidentiality of your account and password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or if you become aware of any other breach of security. We will not be liable for any loss or damages arising from your failure to comply with this Section.

Termination and Suspension

We, in our sole discretion, reserve the right to terminate or suspend your access to the Site at any time without notice and for any reason including, but not limited to, any violation by you of these Terms. Upon termination all rights granted to you under these Terms immediately cease. You agree that we shall have no liability to you or to any third party for termination of your access to the Site. The sections of these Terms which by their nature should survive termination shall survive, including, but not limited to, intellectual property, disclaimers, limitation of liability, indemnification and governing law.

Fees, Billing and Payment Terms

Descriptions of services and engagement formats-including billable hours, flat-fee and retainer-are provided for informational purposes only. Fees, terms and conditions for legal representation by an attorney will be subject to a written engagement agreement between you and LOMHH. There is no fee or obligation to pay merely for accessing the Site. To the extent you engage our services, fees and expenses will be due as set forth in your engagement agreement with LOMHH. Payments are due as provided in such agreement. Late payments may incur interest charges and/or your services will be suspended. Please direct billing or payment inquiries to [email protected].

Confidentiality and Security

We use commercially reasonable measures to store and otherwise protect your personal information in accordance with our Privacy Policy. We do not, however, guarantee that our security precautions will prevent the illegal or improper access by third parties to information you submit to or exchange with us through the Site. With respect to your personal information, you understand and agree that you assume all risks associated with submitting such data. Unless we ask you to do so after we establish an attorney-client relationship with you, you should not send any confidential or sensitive information to us through the Site or by email.

Governing Law and Jurisdiction

This Agreement and your use of the Site shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles. By using the Site, you agree that any action or proceeding arising out of or relating to this Agreement or your use of the Site may be brought exclusively in the state or federal courts sitting in Jefferson County, Colorado and you consent to the jurisdiction of such courts.

Dispute Resolution

Should you have a dispute with LOMHH with respect to your use of the Site or these Terms, both you and LOMHH agree to attempt to resolve any such dispute informally through contact with the other party. Should such informal negotiation not resolve the dispute, you and LOMHH agree that any dispute arising out of or relating to your use of the Site or these Terms shall be submitted to binding arbitration in Jefferson County, Colorado in accordance with the rules and procedures of the American Arbitration Association. The party that successfully resolves any dispute pursuant to this Section shall be entitled to an award and recovery of its reasonable attorneys’ fees and costs for all proceedings.

Severability

If any provision of these Terms is unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any remaining provisions.

No Waiver

No waiver of any term or condition contained in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition, and any failure by LOMHH to assert a right or provision under these Terms and Conditions on any occasion shall not constitute a waiver of such right or provision.

Assignment

You may not, without our prior written consent, assign, transfer or sublicense any or all of your rights or obligations under these Terms. We retain the right to assign, transfer, subcontract and hire third parties for any or all of our rights and/or obligations at any time without notice or your consent.

Entire Agreement

These Terms, together with any other policies or legal notices located on the Site, and any written engagement agreement you enter into with LOMHH, shall constitute the entire agreement between you and LOMHH with respect to your use of the Site. To the extent you have entered into an engagement agreement with LOMHH, such engagement agreement shall control in the event of a conflict between these Terms and the terms of the engagement agreement as it relates to the subject matter of such engagement agreement.

Changes to the Site

We may modify, suspend, or discontinue the Site or any part of it at any time without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.

Contact Information

If you have questions about these Terms, the Site, or our services, or if you wish to report a violation of these Terms, please contact us at:

The Law Offices of Max H. Hacker, A Professional Corporation
3540 Evergreen Parkway
Evergreen, CO 80439
Email: [email protected]

We’re always happy to hear your thoughts and requests. Contact us now to set up a consultation and see how we can help you secure and develop your creative business.

Acknowledgment and Acceptance

By using or accessing the Site, you certify that you have read, understand and agree to be bound by these Terms of Use and our Privacy Policy. If you do not accept these Terms, do not use the Site. Your continued use of the Site signifies your continuing agreement to these Terms and revisions to them.

Disclaimer

This website and its contents are for informational purposes only. Nothing on this website is offered or intended to be used as legal advice or counsel. Your use of the website, including your interaction with the website, shall not create or result in you establishing an attorney-client relationship with the Law Offices of Max H. Hacker. You should not rely upon any of the information provided on this site without first consulting with one of our attorneys directly.

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