Legal Notices

Legal Notices:  Notice, Terms of Use and Privacy Policy

Notice

The content of this website is intended for general informational purposes only and does not constitute specific legal advice. Your access to this site, use of the contact form on this site, transmission of email to an address on this site, or telephone or fax inquiry does not create an attorney-client relationship between us. This site is not intended to be a solicitation but may be deemed a COMMUNICATION or ADVERTISEMENT in certain jurisdictions. The reviews, testimonials and endorsements on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.  Prior results described on this site do not guarantee similar outcomes in future matters.

Terms of Use

These Terms of Use were last updated on, and are effective as of, September 1, 2011.

David P. Horne, Attorney at Law (“we,” “us,” or “our”) provides this website and any website-related services (collectively, the “DPH Site”) subject to your compliance with the terms and conditions set forth in these Terms of Use (the “Terms of Use”). By using the DPH Site, you agree to be bound by these Terms of Use and our Privacy Policy, which appears below. If you do not agree to these Terms of Use, you must not use the DPH Site. David P. Horne, Attorney at Law may at any time, in his sole discretion, revise or otherwise update these Terms of Use by posting an amended Terms of Use on the DPH Site, and any changes will be effective immediately upon posting. Your use of the DPH Site following the posting of an updated Terms of Use will indicate your acknowledgement of, and express agreement to be bound by, the terms and conditions of the updated Terms of Use. Further, we reserve the right, at any time, to modify or discontinue, temporarily or permanently, the DPH Site (or any part thereof) without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the DPH Site, or of any DPH Materials (as defined below).

No Legal Advice

DPH makes available the information and materials on the DPH Site (the “DPH Materials”) for general informational purposes only. The DPH Materials are not intended to, and do not, constitute legal advice or a solicitation for the formation of an attorney-client relationship and no attorney-client relationship is created through your use of the DPH Site or your receipt of the DPH Materials. Unsolicited e-mails and information sent to us: (a) do not create an attorney-client relationship with David P. Horne, Attorney at Law, (b) will not be considered confidential, and (c) may be disclosed to others pursuant to our Privacy Policy. We accept clients only in accordance with certain formal engagement procedures, and we render legal advice only after completion of those procedures. We do not seek to represent anyone desiring representation based upon viewing the DPH Site in a state, territory, or foreign country where the DPH Site fails to comply with applicable laws and professional and ethical rules. In addition, our attorneys do not seek to practice law in states, territories, and foreign countries where they are not properly authorized to do so.

Proprietary Rights

You acknowledge and agree that the DPH Site and the DPH Materials are and shall remain the property of David P. Horne, Attorney at Law or our service providers and are protected by copyright, trademark, and other proprietary rights and laws. Except as expressly authorized in advance by David P. Horne, Attorney at Law, you agree not to use, download, copy, distribute, transmit, display or perform (publicly or otherwise), publish, license, modify, adapt, translate, create derivative works of, or otherwise exploit (in whole or in part) in any format or medium, whether now known or hereafter developed, the DPH Site or any of the DPH Materials. Notwithstanding the foregoing, and subject to your compliance with these Terms of Use, David P. Horne, Attorney at Law grants to you a limited, personal, revocable, non-transferable and non-sublicensable license to: (a) access the DPH Site and the DPH Materials via the Internet solely for purposes of viewing such DPH Materials, and (b) print out pages of the DPH Site for your personal, non-commercial use. Trade names, trademarks, service marks and domain names of David P. Horne, Attorney at Law (the “DPH Marks”) include, without limitation, “David P. Horne, Attorney at Law,” “DPH,” “calcorporatecounsel.com,” “calstartuplaw.com,” “calcorp.com” and any associated logos. All marks on the DPH Site that are not owned by David P. Horne, Attorney at Law are the property of their respective owners, and ownership of the marks and the goodwill associated with them remains with those other owners. You agree not to use the DPH Marks, whether registered or unregistered, on or in connection with any product or service that is not a product or service provided by David P. Horne, Attorney at Law, or in any other manner that is likely to cause confusion or dilution. Nothing on the DPH Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any of the DPH Marks without prior express written permission from David P. Horne, Attorney at Law.

Linking to the DPH Site

If you wish to link to the DPH Site or any DPH Materials, you may include an active link on any website you control directing a browser to the relevant area of the DPH Site, provided that you agree to remove the link at any time upon our request. You may not link to or otherwise provide access to the DPH Site: (a) in any way that alters the look, feel, or functionality, of any aspect of the DPH Site or DPH Materials, (b) in such a way that any aspect of the DPH Site or DPH Materials is displayed within a frame on your or a third party website, or (c) in any way that arguably presents the DPH Site or the DPH Materials out of context. You also may not associate any aspect of the DPH Site or DPH Materials with any propaganda, obscenity, or hate speech, or display or link to any portion of the DPH Site or any DPH Materials in a disparaging manner, or in any other manner that could injure the reputation or goodwill of David P. Horne, Attorney at Law.

User Conduct

You agree to comply with all applicable laws and regulations in connection with your use of the DPH Site. Without limiting the foregoing, you agree not to use the DPH Site in connection with: (a) the infringement of intellectual property rights (including our rights in the DPH Marks and the DPH Materials); (b) the unauthorized transmission of unsolicited commercial e-mail; (c) the transmission of defamatory materials; or (d) fraud. You will not violate, attempt to violate, or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of the DPH Site. Without limiting the foregoing, you agree not to: (i) attempt to or enable others to attempt to gain unauthorized access to any accounts, computer systems or networks connected to any David P. Horne, Attorney at Law server or to any of the DPH Materials, through hacking, password theft, or any other means; (ii) use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any equivalent manual process, to access, acquire, copy or monitor any portion of the DPH Site or DPH Materials, or in any way circumvent the navigational structure or presentation of the DPH Site or DPH Materials; (iii) attempt or enable others to attempt to obtain any DPH Materials through any means that David P. Horne, Attorney at Law has not intentionally made available on the DPH Site; or, (iv) use the DPH Site or the DPH Materials in any manner that could damage, disable, overburden, or impair any David P. Horne, Attorney at Law server, or the network(s) connected to any David P. Horne, Attorney at Law server, or that might interfere with any other person’s access to or use or enjoyment of any DPH Materials.

Third Party Content

The DPH Site and DPH Materials may contain or link to information or content provided by persons and entities other than us (collectively, “Third Party Content”). Any opinions, advice, statements, views or positions, are solely those of the respective authors or distributors, and do not necessarily reflect our opinions, views, or positions. We disclaim all responsibility for any Third Party Content.

Limitation of Liability and Disclaimer of Warranties

THE DPH SITE AND THE DPH MATERIALS ARE PROVIDED TO YOU “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. David P. Horne, Attorney at Law, OUR AFFILIATES, AND OUR SERVICE PROVIDERS, DO NOT MAKE ANY, AND HEREBY DISCLAIM ALL, WARRANTIES THAT MIGHT ARISE FROM YOUR USE OR RELIANCE ON THE DPH SITE AND THE DPH MATERIALS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. David P. Horne, Attorney at Law, OUR AFFILIATES, AND OUR SERVICE PROVIDERS, DISCLAIM ALL EQUITABLE INDEMNITIES. David P. Horne, Attorney at Law, OUR AFFILIATES, AND OUR SERVICE PROVIDERS, WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE DPH SITE OR DPH MATERIALS, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SHOULD David P. Horne, Attorney at Law, OUR AFFILIATES, OR OUR SERVICE PROVIDERS BE FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY NOTWITHSTANDING THE FOREGOING, SUCH LIABILITY WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00) IN THE AGGREGATE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE DPH SITE OR THE DPH MATERIALS IS TO STOP USING THE DPH SITE OR THE DPH MATERIALS.

Exclusions and Limitations

To the extent that David P. Horne, Attorney at Law may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

Indemnity

You agree to defend, indemnify and hold harmless David P. Horne, Attorney at Law, our affiliates, and our service providers, and each of their respective partners, shareholders, directors, officers, employees, representatives, and agents, from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys fees) arising out of: (a) your activities in connection with the DPH Site; (b) any violation of these Terms of Use by you; (c) any improper or unauthorized use of the DPH Materials by you; and, (d) any allegation that anything you transmit through or in connection with the DPH Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, publicity, or other legal or contractual right of any third party.

Governing Law and Venue

These Terms of Use shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms of Use or your use of the DPH Site or DPH Materials shall be brought in the Federal or State courts located in San Francisco County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.

Electronic Communications Notice

You agree to send any notices that are required or permitted to be given by these Terms of Use to us only in the manner specified for such purposes on the DPH Site. In order to access the DPH Site, you must have a computer or other device with Internet access running a web browser such as Internet Explorer, Firefox, Safari or Chrome. When you use the DPH Site or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We may communicate with you by e-mail or by posting notices on the DPH Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing. In order to retain copies of any such communications, you must have a printer or data storage device. If you have a printer, you may print paper copies of any such communications for your own use.

Miscellaneous

If any term or provision of these Terms of Use are in violation of or prohibited by any applicable law or regulation, such term or provision shall be deemed to be amended or deleted to conform to such law or regulation, without invalidating or amending or deleting any other terms or provisions of these Terms of Use. The failure of David P. Horne, Attorney at Law to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the DPH Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Neither the course of conduct between you and David P. Horne, Attorney at Law, nor trade practice, shall act to modify any provision of these Terms of Use. These Terms of Use are not assignable, transferable or sublicensable by you. These Terms of Use comprise the entire and exclusive agreement between you and David P. Horne, Attorney at Law with respect to your use of the DPH Site and DPH Materials, superseding any prior agreements or negotiations between you and David P. Horne, Attorney at Law with respect to your use of the DPH Site (except other written, fully-executed agreements between you and David P. Horne, Attorney at Law).

Privacy Policy

This Privacy Policy was last updated on, and is effective as of, September 1, 2011.

David P. Horne, Attorney at Law (“we,” “us” or “our”) respects the privacy and security of users of the this website and any website-related services (collectively, the “DPH Site”). This Privacy Policy discloses our information gathering and dissemination practices solely with respect to the DPH Site and does not apply to our practices conducted through other media.

International Users

Because the Internet is global, information about you that David P. Horne, Attorney at Law collects or that you submit through the DPH Site may be transferred to, processed in, and held in countries (including the United States) other than the one in which you reside. By using the DPH Site, you explicitly consent to such use of your information and accept the terms of this Privacy Policy. United States laws regarding processing of your personally identifiable information may be less stringent than the laws in your country. If you represent an organization, you will ensure that each member of your organization (including employees and contractors) about whom personally identifiable information may be provided to us has given express consent to our processing of such personally identifiable information according to the terms of this Privacy Policy.

Revisions

David P. Horne, Attorney at Law reserves the right to update and revise this Privacy Policy at any time. You can determine if this Privacy Policy has been revised since your last visit to the DPH Site by referring to the effective date in the first paragraph of this Privacy Policy. Your use of the DPH Site following the posting of an updated Privacy Policy will constitute your express acceptance of the terms of the Privacy Policy as amended or revised by David P. Horne, Attorney at Law, and you should therefore review this Privacy Policy regularly to ensure that you are aware of its terms.

Information Collection Practices

Anonymous Information

As a visitor to the DPH Site, you can engage in many activities without providing any personal information. Even if we do not collect personal information about you, we nevertheless may collect non-personally identifiable information about you such as your Internet Protocol (IP) address, your Internet host company (e.g., Comcast, Time-Warner or Verizon), your browser software (e.g., Internet Explorer, Firefox, Safari or Chrome), your software platform (e.g., Windows, Mac OS or Linux), the duration of your visit to the DPH Site, and the domain (e.g., .com, .net, or .org) of the site from which you arrived at the DPH Site. We may also aggregate such information about you with similar data collected from other users of the DPH Site. We use such information to help diagnose problems with our servers, administer the DPH Site, gather broad demographic information, and generate user statistics. We do not use such data to create or maintain a personal profile about you.

We also may collect information (using your IP address, “cookies,” or other tracking technology) relating to the way you use the DPH Site, such as what pages you visit, what information you search for, what type of browser you are using and what actions you took on the DPH Site. However, this type of information is not associated with your personally identifiable information. Instead, we use this anonymous data to operate and improve the DPH Site and our services. A “cookie” is a small piece of information stored on your hard drive, not on the DPH Site, that enables our systems to recognize your browser. You are always free to decline our cookies if your browser permits, but in that case, some portions of the DPH Site may not operate properly. An IP address is a number that is automatically assigned to your computer when you use the Internet. In some cases, your IP address stays the same from browser session to browser session; but if you use a consumer internet access provider, your IP address probably varies from session to session.

Personally Identifiable Information

You may choose to provide David P. Horne, Attorney at Law with personally identifiable information (e.g., your name, physical address or e-mail address) in connection with subscribing to certain services offered through the DPH Site or through e-mailing us to provide feedback or otherwise. We use such personally identifiable information to provide the service for which you have subscribed and to respond to your comments and questions about our services and the DPH Site. We also use your personally identifiable information to contact you from time to time about us, the DPH Site, or our services. For example, we may use your personally identifiable information to send you alerts, invitations or firm announcements, or to inquire about your communication preferences.

Information Sharing Practices

Except as otherwise described in this section of our Privacy Policy, DPH will not share your personally identifiable information with any third party without your permission. From time to time, we may enter into relationships with third parties who provide services to us (e.g., web hosting services or data management and storage services) and, in those circumstances, we reserve the right to disclose personally identifiable information that is necessary for such service providers to perform those services for us. We may also from time to time share aggregated personally identifiable information with third parties, but not in manner that would enable the recipient to personally identify any individual. Finally, and notwithstanding anything in this Privacy Policy to the contrary, we reserve the right, unless limited by applicable law, to share any personally identifiable information we have collected: (a) in response to subpoenas, court orders, or legal process, or to establish, protect, or exercise our legal rights or defend against legal claims; (b) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person or property; (c) if we believe it is necessary to investigate, prevent, or take action regarding situations that involve significant abuse of our website infrastructure or the Internet in general (such as voluminous spamming, denial of service attacks, or attempts to compromise the security of information); (d) to companies under common control with us (in which case we will require such entities to honor this Privacy Policy); (e) if we are acquired by or merged with another entity; and (f) if we become the subject of bankruptcy proceedings, in which case we may share information about you and your usage with a bankruptcy trustee, debtor in possession, or subsequent purchaser of assets.

Choice/Opt-Out

David P. Horne, Attorney at Law offers you the opportunity to choose not to receive communications from us. If you would like to take advantage of this opportunity, please let us know by sending us an e-mail to info@calcorporatecounsel.com or making use of the “opt-out” mechanism in any communications we send to you. Please note that sometimes these requests may take up to ten (10) business days to process.

Accessing, Correcting, and Deleting Your Personally Identifiable Information

We retain your information at our discretion. If you would like to modify or delete from our database any personally identifiable information you previously submitted to DPH, please let us know by sending an e-mail to info@calcorporatecounsel.com (please clearly state what personally identifiable information you would like modified or deleted). Please note that sometimes these requests may take up to ten (10) business days to process and that any personally identifiable information that we have copied may remain in back-up storage for some period of time after your request. We are not responsible for removing information about you from the databases of third parties to whom we were authorized to disclose your information prior to processing your removal request. Also, please note that we will maintain information about you in our database whenever we are required to do so by law.

Information You Make Public

When you use the DPH Site, you may be given an opportunity to post comments in public areas. If you choose to include any personally identifiable information in a comment or other post accessible to others, you do so at your own risk. David P. Horne, Attorney at Law is not responsible for the disclosure or use of any information that you choose to post or otherwise make available to others through the DPH Site. We have no obligation to keep that information private or to not use or display it ourselves.

Security

David P. Horne, Attorney at Law uses a variety of security technologies and procedures to help protect your personally identifiable information from unauthorized access, use, or disclosure. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personally identifiable information, we cannot guarantee its security. You should protect against unauthorized use of your computer.

Links

The DPH Site may contain links to other sites. We are not responsible for the privacy practices of any such other site and urge you to review such practices prior to submitting any personal information to such websites.

Children’s Privacy

The DPH Site is not intended for and may not be used by children under the age of thirteen (13). We do not knowingly collect information from children and we do not target the DPH Site to children.

Contact Us

If you have any questions about these Terms of Use or the Privacy Policy, please contact David P. Horne, Attorney at Law at info@calcorporatecounsel.com.

 


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