Terms of Use Overview
Welcome to the website of the Law Office of David P. Schwarz. By using and/or visiting this website, you signify your agreement to comply with and be bound by the Terms of Use set forth below. The Terms of Use are intended to help safeguard your rights, clarify responsibilities, and ensure compliance with the law in connection with these areas of use of this website, the responsibility for information presented on this website, and the use of this website under applicable law. These Terms of Use are posted on our website solely as an accommodation to our clients and prospective clients-by using this website and/or contacting us you are indicating your acceptance to the Terms of Use; if you do not accept these Terms of Use, you should not use the website. The Law Office of David P. Schwarz wants to be fair and transparent to everyone-if you have questions regarding these Terms of Use please send us an email to [email protected] or call our office at 949-296-4119 or visit us at 600 Anton Blvd, Suite 1100, Costa Mesa, CA 92626.
Terminology and Definitions
For purposes of these Terms and Use, the terminology used is defined as follows: “Website” means all web pages, content, features, and services that are available at the domain name of the Law Office of David P. Schwarz. “User” or “you” means any person or entity that accesses or uses the Website. “Firm,” “we,” “us” or “our” means collectively the Law Office of David P. Schwarz, its lawyers, associates, staff, and persons authorized by it to carry out the services described on this Website. These terms apply to all forms of interaction with the Website including but not limited to browsing information on the Website, downloading content from the Website, submitting a form to the Website, and any communication with the Website initiated by you. The Terms and Use document does not establish an attorney-client relationship between you and our firm. Such a relationship can only exist when you directly assign us to serve your needs and execute a signed agreement with us.
Agreement to Terms
By using, browsing, or otherwise accessing this site, you acknowledge that you have read, understood, and agree to be legally bound by these terms of use (“terms of use”) and agree to the terms and conditions set forth herein. Your continued use of this website will signify your acceptance of any changes or updates to these terms of use. If you do not accept these terms of use in their entirety, you should discontinue use of the website immediately. The Law Office of David P. Schwarz reserves the right, at any time and in its sole discretion, to revise, modify, and/or update these terms of use. We suggest that you check this page periodically for such changes.
No Attorney-Client Arrangement
The materials available on this website are for general informational purposes only, and are not intended to provide legal advice. Your accessing of this website or communicating with the Law Office of David P. Schwarz via the website, email, telephone, contact forms, or otherwise does not create an attorney-client relationship. An attorney-client relationship is not created through any form of communication, except when initiated directly between the parties in a signed written agreement. Do not send any confidential or otherwise sensitive information through this website or email until an attorney-client relationship has been established.
User Obligations
As a visitor to this site, you confirm that you will only use this site and its content for lawful purposes. You agree that your use of the website will be in accordance with all local, state and federal statutes and regulations. You agree that you will not engage in any activity that will result in harm, damage or interfere with site operation or the legal rights of others. You are prohibited from attempting to gain unauthorized access into the website by any means; trying to obtain information; submitting false or misleading information; or transmitting viruses or malicious software.
Use, Restrictions and IP Rights
ALL content included in the Law Office of David P. Schwarz website, including but not limited to text, graphics, logos, images, audio clips, video clips, digital downloads, and/or data compilations is the intellectual property of the Law Office of David P. Schwarz or its licensors and is protected by both United States as well as international copyright, trademark and other applicable laws.
You are granted a limited, non-exclusive and non-transferrable license to access and use the website in your individual personal and non-commercial informational use only. Unless explicitly provided herein, you shall not reproduce, distribute, modify, display, transmit, publish, license, create derivative works from or sell any information or content obtained from this website without the prior written permission from us.
User Submissions and Participation
If you submit or upload any content or information to the website, including but not limited to inquiries, testimonials, comments, messages, or forms (collectively “Submission”), you grant the Law Office of David P. Schwarz a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, publish, translate, create derivative works from, distribute and display your Submission in any form, media or technology now known or hereinafter developed. You represent and warrant that you own or have all necessary rights in and to any and all Submissions you submit or upload to the website and that such Submission does not infringe upon the intellectual property rights or the privacy or publicity rights of anyone else. You agree that none of your Submissions shall be unlawful, defamatory, obscene, threatening, offensive or otherwise objectionable.
Policy on Privacy
This privacy policy also governs your use of this website and is incorporated herein by reference. We respect your privacy and the confidentiality of information we obtain about you. For more information regarding the types of information we collect, how we use and protect that information and what rights you may have in connection with your personal information, please review our Privacy Policy which describes these matters in greater detail. By using this website, you agree to the collection and use of your information as explained in the Privacy Policy.
No Legal Opinion(s) Rendered or at Issue
Material and information available on the Law Office of David P. Schwarz website are made available for general informational purposes only. Nothing on this site constitutes specific legal advice on any topic. The material appearing on this website is subject to change, is not guaranteed to be complete or up to date, and does not necessarily reflect the most current legal developments. Legal results depend on many factors specific to each case. You are encouraged to contact an attorney directly to obtain specific legal advice on any legal matter. Your reliance upon material and information regarding The Law Office of David P. Schwarz or the use of any information published on the website is at your own risk.
Liability Disclaimers
The Law Firm of David P. Schwarz and its attorneys, employees, members, affiliates, and licensors shall not be liable for any damages of any kind arising out of or in connection with your use of this site, including without limitation direct, indirect, incidental, special, punitive, consequential damages, loss of data, loss of goodwill, or loss of profits, even if we have been advised of the possibility of such damages. Such limitation applies to claims based on warranty, contract, tort, or any other legal theory. Some states do not permit the exclusion of certain warranties and limits on liability for damages so some or all of the above limitations may be inapplicable.
Third Party Sites, Tools and Content
We may have links on this site to other websites, resources, or social networking sites such as Facebook.com, LinkedIn.com, YouTube.com and Instagram.com/netlawguy. Those links are provided strictly as a convenience to you and do not constitute a recommendation or endorsement by the Law Office of David P. Schwarz. We are not responsible for, and have no control over the content, terms of use, privacy policies, or practices of these third party websites, resources, and social networking sites. Access to third party websites is made at your own risk.
Indemnity
You agree to defend, indemnify, and hold harmless the Law Office of David P. Schwarz and/or its attorneys, employees, agents, or affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including but not limited to attorney’s fees) arising from your use of the website, your breach of these Terms of Use, or your infringement of any rights of another party.
Alterations and End of Services
The Law Office of David P. Schwarz may in its sole discretion, without notice, change, suspend or discontinue any aspect or feature of the website. We may change the Terms of Use at any time by posting changes on this page. Your continued use of the website after any changes have been posted in accordance with these Terms of Use shall constitute your acceptance of those changes. We may limit, suspend or terminate your use of all or a portion of the website without notice or liability, for any reason, including, without limitation, if the Law Office of David P. Schwarz believes that you have violated these Terms of Use.
Attorney Publication and Advertisements
This website may be deemed to be attorney advertising under the laws of various jurisdictions. Prior results do not guarantee a similar outcome. Any testimonial or endorsement on this website was given by a current or former client or colleague of the Law Office of David P. Schwarz. Their statements or testimonials are based on their individual experience with the Law Office of David P. Schwarz. They do not guarantee, warrant, or predict the outcome with respect to your legal matter.
Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California without reference to its conflicts of law principles. You agree, as a condition of your use and access of this website, to submit to the exclusive jurisdiction of the state and federal courts located in Orange County, California with respect to any dispute between you and Blanchard Transtraders, Inc. arising out of or with respect to these Terms of Use or your use and access of this website. If any clause or provision of these Terms of Use is found invalid or unenforceable by a court of competent jurisdiction, the remainder of these Terms of Use will stay in full force and effect.
Copyright Policy: DMCA Compliance
The Law Office of David P. Schwarz respects the intellectual property rights of others and expects that users of this website will do likewise. If you believe any content or material on this website infringes your copyright, you may submit a notice in accordance with the Digital Millennium Copyright Act (DMCA) by providing our designated agent with the following information: Upon receipt of a valid notice made pursuant to the DMCA, we will promptly investigate and take down or disable access to the allegedly infringing material.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the work or material that is claimed to be infringed or to be the subject of infringing activity. A representative list of such works is acceptable;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as a name, address, telephone number, and, if available, an email address;
- Notification that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- Notification that the information in the notice is accurate; and
- Under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Website Accessibility
The Law Office of David P. Schwarz is aware that some site visitors may have accessibility needs. We endeavor to adhere to widely-accepted guidelines for website accessibility and routinely review our website for possible barriers to accessibility. Please call 949-296-4119 or come to the Law Office of David P. Schwarz at 600 Anton Blvd, Suite 1100, Costa Mesa, CA 92626 if you experience any problems accessing a feature or function on our website. The Law Office of David P. Schwarz will make reasonable attempts to accommodate your needs.
Children’s Privacy and Age Restrictions
This website is not intended for children under the age of 13. We do not knowingly seek, collect or accept personal information from children. If you are under 13, do not use the site or provide us with any information. If we learn that a child under 13 has furnished us with personal information, we will delete that information promptly. Parents are advised to supervise their children’s online activities and to contact us if they have any concerns that their child has submitted personal information to us.
Contact and Opt-out
If you have any questions, comments, or would like to report an alleged violation of these Terms of Use, you may contact the Law Office of David P. Schwarz by phone at 949-296-4119, by fax at 714-556-8410, or by writing to us at 600 Anton Blvd, Suite 1100, Costa Mesa, CA 92626. We welcome you to use our website contact form to request a consultation appointment or submit any inquiries regarding legal services. No attorney-client relationship is established by your use of these materials and correspondence.
Severability and Full Capability Agreement
If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the provision will be enforced to the fullest extent possible under applicable law and the other provisions of these Terms of Use shall remain in full force and effect. These Terms of Use, our Privacy Policy, and any other legal notices or agreements published by us on the website constitute the entire agreement between you and Law Office of David P. Schwarz as to your use of the website, and supersede any prior agreements between you and Law Office of David P. Schwarz (including, but not limited to, any prior versions of these Terms of Use).
Non-Waiver and Assignment
No waiver of a provision of these Terms of Use will be deemed a further or continuing waiver of such provision or any other provision. The failure of the Law Office of David P. Schwarz to exercise or enforce any right or provision under these terms will not operate as a waiver of such right or provision. You may not assign your rights or obligations under these Terms of Use without prior written consent of ours. We may assign our rights and obligations under these terms at any time without notice or consent.
Warning About Electronic Communications
By accessing this website or otherwise communicating electronically, you are consenting to receive communications from us electronically. We may communicate with you by email, by telephone, or by posting notices on the website. You agree that all notices, disclosures, agreements, or other communications sent by us to you electronically satisfy any requirement of a writing. You are responsible for maintaining current and accurate contact information.
Security of Site/Information and User Accounts
We employ reasonable security measures to help protect and secure the information that you provide through your use of this website. No method of transmission over the Internet and no method of electronic storage is 100% secure. You are solely responsible for maintaining the confidentiality of user account credentials or log-in credentials to a user account (if any). You agree to alert us immediately of any unauthorized use or suspected use of your user account and any other breach of security. The Law Office of David P. Schwarz is not liable or responsible for any loss or damage arising from your failure to comply with this Security section.
Acceptable Use Policy
You agree not to use the website in any way that could damage, disable, overburden, or impair the site or interfere with any other party’s use and enjoyment of the website or the associated services. Such prohibited activities include but are not limited to: using automated means (such as bots or scripts) to access the site, attempting to gain unauthorized access to the website or its related systems, transmitting any viruses or other harmful code, engaging in data mining or scraping, or using the website to impersonate, defame, harass, abuse or defraud any person or entity.
Feedback, Corrections and Suggestions
We welcome your feedback and ideas on ways to improve the site and our services. By submitting feedback, ideas or suggestions, you grant us the right to use, reproduce and incorporate such feedback into our services without reward or obligation to you. We appreciate your thoughtful input in assisting us to improve the quality of our offerings to clients and site users.
Message for California Residents
If you are a California resident, you may have additional rights under California law, including the following rights with respect to your personal information. See our Privacy Policy for more information on those rights with respect to your personal information and how to exercise those rights. Pursuant to California Civil Code Section 1789.3, you may contact the Law Office of David P. Schwarz by mail at 600 Anton Blvd, Suite 1100, Costa Mesa, CA 92626; or by phone at 949-296-4119, with questions or complaints about the website.
Changes and Date of Use
These Terms of Use are in effect as of 1 June 2024. We may, at any time, make changes, alterations, or other modifications or upgrades to these terms. Such modifications or upgrades will take effect immediately upon their posting unless we otherwise indicate. Your continued use of the website following any such modification constitutes your acceptance of the updated terms. We suggest that you check this page from time to time to review any such changes.
Acknowledgement
By visiting or accessing the web site for Law Office of David P. Schwarz you are agreeing that you have read, understand and agree to comply with the following Terms of Use. Your compliance with such terms aids in making the experience safe, informative and as fair as possible to all users. Should you question any portion of such terms or require clarification, we would ask you to contact us at 949.296.4119 or on-site at our office located at 600 Anton Blvd., Suite 1100, Costa Mesa, CA 92626.
How To Reach Us
To learn more about the Terms of Use, legal services, or to schedule an appointment with the Law Office of David P. Schwarz, please call 949-296-4119, fax the office at 714-556-8410 or visit our offices at 600 Anton Blvd, Suite 1100, Costa Mesa, CA 92626 or use the site’s contact form. We will communicate clearly and responsively, and we are 100% committed to protecting your interest.