EFFECTIVE DATE: July 6, 2018

BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE OUR WEBSITE.

Before you access this website (the “Site”) or any of its content or features, please read these Terms of Use, along with our [Privacy Policy Link] (hereby incorporated by reference into these Terms of Use) fully and carefully.  By accessing or using any portion of the Site, you acknowledge that you have read and understood these Terms of Use, and agree that these Terms of Use will constitute the entire, exclusive agreement between you and O&A, P.C. (“O&A,” “we,” “us,” or “our”) with respect to: (a) your access and use of this Site or any of its features, including without limitation any email links or any articles, descriptions, forms or templates, documents, notices, or other written content (collectively, and together with the information contained therein, “Content”) found on the Site; (b) any and all rights or obligations relating to arising from the Site, the Content, and your access or use of the Site and Content; and (c) any and all communications or transmissions of information made by (i) you to O&A, or (ii) O&A to you relating to or arising from your access or use of the Site or any of its features or Content, until and to the extent that you are expressly informed otherwise by O&A in writing or you and O&A have an operative, executed engagement letter in place.

These Terms of Use, together with any disclaimers, terms, or conditions you encounter on the Site (which are incorporated into these Terms of Use), may be amended at any time by O&A from time to time without specific notice to you. The latest version of these Terms of Use will always be posted on the Site, and when we amend or update these Terms of Use (as we may do from time to time in our sole discretion), we will update the date listed above.

THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION. BY AGREEING TO THESE TERMS OF USE, YOU AGREE THAT ANY DISPUTES BETWEEN YOU AND O&A WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

1. NOTICES.

1.1 Legal Disclaimer. The materials on this website are provided for informational purposes only. Please refer to our Legal Disclaimer (make a link) which applies to all uses of the Site.

1.2. No Attorney-Client Relationship or Privilege. Your access to or use of the Site or any portion thereof, including but not limited to any Content or email links or other contact information listed, does not create an attorney-client relationship between you and O&A. Your transmission or communication of any information, whatever its nature, does not create an attorney-client relationship between you and O&A and does not invoke any attorney-client privilege. O&A only enters into attorney-client relationships after undertaking certain procedures unrelated to this Site, in accordance with its own policies and the rules and regulations of the CA State Bar Association. Further, because an attorney-client relationship will not result from any access or use of the Site by you or transmission or communication of information to O&A by you, such actions shall not prevent O&A from representing any other party, including without limitation any party with business or legal interests adverse to you.

1.3. No Confidentiality. You acknowledge and agree that, unless you are an existing client of O&A, any email, voicemail, telephone call, or other communication from you to O&A or any of its attorneys or other employees, whatever the nature of such communication, shall not be treated as confidential. If you are not already an existing client of O&A, you should not communicate or transmit to us any information of a sensitive, confidential, or proprietary nature, as O&A makes no guarantees or representations regarding the security, use, disclosure, or return of any information or communication received from you, absent an independent, explicit agreement between you and O&A. In any case, given the inherent insecurity of email communication and the Internet, O&A cannot guarantee, and assumes no responsibility for, the integrity or confidentiality of any unencrypted email you send to O&A, whether in connection with an existing attorney-client relationship or otherwise.

1.4. No Advertising or Solicitation. The Site, the Content, and any other content or information on the site are intended and provided for general informational purposes only, and are not intended to be, and should not be interpreted as, advertising or solicitation. Prior results do not guarantee a similar outcome.

1.5. No Admissions or Certifications Unless Specified. Although this Site may be viewed from anywhere in the world, O&A’s attorneys practice primarily in the State of California. Other jurisdictions may have laws and regulations which differ substantially from those of California.  O&A’s attorneys are not authorized to practice law in any jurisdiction other than that for which they have gained admission.

2. PRIVACY. You acknowledge that any information submitted by you or collected by O&A in connection with your access or use of the Site shall be treated in accordance with our [Privacy Policy Link], and consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described therein. This Section, the Privacy Policy, and these Terms of Use generally do not apply to, and O&A is not responsible for, the practices of any third-party websites, services, and applications that you may be able to access through the Site.

3. LIMITED LICENSES.

3.1.  Content License. The Site and Content are protected by United States and international copyright laws. All rights are reserved. Subject to the terms of these Terms of Use, O&A grants you a limited, nonexclusive, personal license to access, view, download and print the Content solely for noncommercial and informational purposes. You may not modify the Content in any way and you may not remove or obscure any copyright or permission notices provided on or in connection with the Content. Except as otherwise provided and to the extent permitted under applicable law, you acknowledge and agree that you have no right to modify edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Content in any manner. Further, by downloading Content, you agree that the Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of O&A. O&A reserves the right in its sole discretion to edit or delete any Content or other information appearing on the Site.

3.2. Marks and Domain Name. O&A does not grant to you any rights in its marks. Although you may link to any publicly available page on the Site, you agree to immediately remove any such link upon O&A’s written request.

4. DISCLAIMER OF WARRANTIES. THE SITE AND CONTENT IS PROVIDED TO YOU “AS IS.” YOUR ACCESS TO AND USE OF THE SITE AND CONTENT IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY THE LAW AND APPLICABLE RULES OF PROFESSIONAL RESPONSIBILITY, O&A DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF INFORMATION, TIMELINESS OF INFORMATION, SYSTEM INTEGRATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, QUIET ENJOYMENT, AND UNINTERRUPTED OR ERROR FREE OPERATION. THE SITE AND CONTENT MAY CONTAIN BUGS, ERRORS, OR OTHER LIMITATIONS. TO THE EXTENT PERMITTED BY LAW AND APPLICABLE RULES OF PROFESSIONAL RESPONSIBILITY, O&A DISCLAIMS LIABILITY FOR ANY LOST PROFITS OR INCOME, LOST BUSINESS, OR LOST DATA, OR FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THE SITE AND ANY CONTENT.

5. LIMITATION OF LIABILITY. IN NO EVENT SHALL O&A OR ITS AFFILIATED PARTIES, AGENTS, DIRECTORS, EMPLOYEES, VENDORS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING $100.00, WHICH AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST O&A AND THE AFOREMENTIONED PERSONS AND ENTITIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

6. THIRD PARTY SITES.To the extent that O&A links to, or otherwise presents, third party websites and information on the Site, such links or presentations do not constitute an endorsement by O&A of any such third-party information or such third parties. O&A does not monitor or verify, is not responsible for, and assumes no liability with respect to any third-party content.

7. COPYRIGHT COMPLAINTS. If you believe this Site contains Content that infringes your copyright, please provide the information listed below to our designated agent for claims of copyright infringement: Dan Offner, Managing Partner, at O&A, P.C. 11812 San Vicente Blvd., Suite 380, Los Angeles, CA 90049, or via email at: info@oandapc.com.

8. ARBITRATION. You agree that any legal controversy or legal claim arising out, relating to, or connected with these Terms of Use, the Site, or any Content, other than claims brought by O&A to collect or recover damages for, or obtain an injunction relating to, intellectual property ownership or infringement, will be resolved by binding, individual arbitration pursuant to the commercial arbitration rules of Judicial Arbitration and Mediation Services (“JAMS”). Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party.  The arbitration shall be conducted in Los Angeles, California, and in accordance with the laws of the State of California. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY WAIVE ANY RIGHTS YOU MAY OTHERWISE HAVE HAD TO A TRIAL BY JURY, OR TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM AGAINST O&A, INCLUDING ANY CLASS ARBITRATION, CONSOLIDATION OF INDIVIDUAL ARBITRATIONS, OR ANY PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. This arbitration provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on any award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.  Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of these Terms of Use, the Site, or any Content must be filed within one (1) year after such claim of action arose or be forever banned.

9. MISCELLANEOUS.You agree that any dispute arising out of or in connection with the Site, the Content, or these Terms of Use will be governed by the laws of the State of California without reference to conflict of laws principles that would require the application of the laws of any other jurisdiction. In the event that you gain access to information not intended to be accessed by you, you agree that you will immediately notify O&A and lawfully destroy all copies of such information in your possession. You may contact O&A with questions or concerns about the Site at info@oandapc.com. These Terms of Use are the entire agreement between you and us with respect to the Site and Content and supersede any prior or contemporaneous communications and proposals between you and us with respect to the Site. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. These Terms of Use are not assignable, transferable or sublicensable by you except with O&A’s prior written consent. O&A may assign, transfer or delegate any of its rights and obligations hereunder without your consent. The section and paragraph headings in these Terms of Use are for convenience only and shall not affect their interpretation.