Website Terms of Use
Effective February 23, 2017

California registered U.S. patent attorney David M. Kleiman (hereinafter "Publisher") owns and operates this website. Your access to and use of this website are subject to your agreement to the terms of use set forth below. These terms of use supersede any prior terms of use as of the date shown above, and are subject to change by Publisher without notice. Any such changes shall be posted here on this website, shall be effective immediately, and any continued use of this website by you after such changes shall constitute your agreement to such changes.

Use Of, Or Registration On, This Website Doesn't Make You A Client

You understand and agree that this website is not an offer of legal services, that no information in this website constitutes legal advice, and that your use of this site does not in any way establish an attorney-client relationship between you and registered U.S. patent attorney David M. Kleiman.

This Website Is Not Legal Authority Or A Substitute For A Lawyer

The content on this website discusses and addresses intellectual property and related business laws and issues. However, this website is not a legal authority for users to rely upon. The law is complex and subject to constant change and interpretation. It can vary significantly from jurisdiction to jurisdiction, and the facts of every case are to some extent unique.

A condition to any access or use of this website is your agreement not to rely upon the general information found here. It is understood and agreed by you that to the extent you need legal advice or services you shall not rely upon this website, but shall seek out the services of qualified legal counsel.

Access

Publisher presently makes available the general information content on this website as a public service free of charge. Publisher is under no obligation to provide the content, to update the content, or to continue providing access to the content or this website.

Publisher makes no warranties or representations concerning (i) the accessibility of any part or all of this website to any user, (ii) the duration that any particular content shall remain accessible on the site, (iii) the continued operation or availability of the website or Publisher, or (iv) the accuracy or correctness of any content.

Access to all or any portion of this website to any user is subject to the approval, and entirely in the discretion, of Publisher. Publisher reserves the right to refuse access to any user for any reason at any time. Publisher may without notice and without cause revoke the access privileges to this website of any registered user.

Respect The Intellectual Property Of This Website: No Copying

Many of the Materials found on this site are subject to protection under the law against unauthorized copying. By accessing any portion of this website you are agreeing to respect the intellectual property rights of the Publisher, the rights of any others whose content may be found on this website, and are agreeing, representing and warranting that you shall not make unauthorized copies of any kind (electronic, print, or otherwise) of the site content, and shall not make any efforts to unlawfully copy or distribute the site content or publications. Specifically, unless expressly authorized you understand and agree that all content on this website is to be viewed or used by you only online through this website: It is strictly prohibited to make any copy of the content on this site for purposes of viewing, using, or distributing the content offline or not through this website.

Courtesy Copy Of Complaints For Recipients Of Lawsuit Alerts

Recipients of lawsuit alerts received from Publisher, who are a party to the lawsuit, may request through this website a courtesy copy of the complaint filed in the lawsuit (excluding exhibits). The Publisher reserves the right to decline to provide a courtesy copy of the complaint for any reason, including but not limited to the lack of availability of the complaint through the U.S. court electronic ECF system, the late timing of the request, if the requesting person is not an party to the lawsuit (or an officer of the party), or a discovered conflict of interest. The request and/or receipt of a courtesy copy of a courtesy complaint does not create an attorney-client relationship with Publisher.

Privacy: Collection And Use Of Your Personal Information

Accessing and/or communicating through certain portions of this website requires the provision of certain personal information. Personal information that is collected on this website includes your first name, your last name, your business name, your email address, and your telephone number. Publisher uses this personal information to send occasional communications concerning your use of the website, Publisher's legal services, and information on legal issues and news that Publisher thinks may be of interest to you. By registering as a user of the website for access to the restricted portions of the website, or communicating to Publisher through the website, you are consenting to such uses of your personal information by Publisher.

If after providing personal information you decide that you do not wish to receive further communications from Publisher you may communicate this to Publisher by sending a message using the contact form found on the CONTACT PAGE of this website with a "subject" of "UNSUBSCRIBE". All communications with Publisher through the contact form on the CONTACT PAGE require your telephone number to be provided, including communications for UNSUBSCRIBE requests. However, Publisher will not contact you by telephone concerning any UNSUBSCRIBE request, and shall remove you from any mailing lists and cancel your website registration.

Publisher does not sell, rent, lease, or give away your personal information to third parties for any commercial or charitable solicitation purposes by third parties. Publisher may disclose your personal information in limited circumstances to third parties (i) if Publisher reasonably believes such disclosure is required by the law (e.g. in response to a valid court order), (ii) if Publisher reasonably believes it is necessary in order to assist law enforcement with preventing or solving a crime or act of terrorism, (iii) if Publisher reasonably believes it is necessary for the enforcement of the terms of use of this website, (iv) as Publisher reasonably believes is necessary for the operation or technical maintenance of this website, or (v) as part of any transfer (sale or otherwise) to a third party of Publisher's business and/or this website.

The personal information collected from you is stored in one or more password protected databases that are on the third party servers that host this website, in backups of such databases made by the third party that provides and maintains the servers, or in files or databases that are created and maintained by Publisher for use of such information by Publisher consistent with these terms of use and the consents received. Publisher does not own the third party servers that host this website, and does not have control over physical access to such third party servers. Except in connection with the reasons specified herein for disclosure of your personal information, publisher does not knowingly or voluntarily disclose information to third parties that would allow them to access your personal information.

DISCLAIMERS

TO THE FULLEST EXTENT ALLOWED BY LAW THE PUBLISHER DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND/OR IMPLIED, REGARDING ANY INFORMATION OR MATERIALS ON THIS WEBSITE, ACCESS TO THIS WEBSITE, OR ANY PRODUCT OR SERVICE. SUCH DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, A FULL DISCLAIMER OF ANY AND ALL WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PUBLISHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE COMPATIBILITY OF THIS WEBSITE OR ANY PRODUCT WITH A USER'S SYSTEM.

THE PUBLISHER HEREBY DISCLAIMS ANY LIABILITY ON ACCOUNT OF ANY UNAUTHORIZED USE BY A THIRD PARTY OF USER PERSONAL INFORMATION, WHERE SUCH PERSONAL INFORMATION HAS BEEN ILLEGALLY OBTAINED, SUCH AS BY WAY OF EXAMPLE A THIRD PARTY GAINING UNAUTHORIZED ACCESS INTO A PUBLISHER DATABASE, OR INTERCEPTING ANY COMMUNICATION OF INFORMATION BETWEEN A USER AND THE PUBLISHER. USERS EXPRESSLY AGREE TO RELEASE, HOLD HARMLESS, AND INDEMNIFY THE PUBLISHER AGAINST ANY CLAIMS ARISING FROM SUCH UNAUTHORIZED USE OF USER PERSONAL INFORMATION.

THE USER ASSUMES FULL RESPONSIBILITY FOR ANY LOSS, DAMAGE, OR INJURY THAT MAY RESULT FROM THEIR USE OF THIS WEBSITE, INFORMATION, SOFTWARE OR MATERIALS CONTAINED ON OR ACCESIBLE THROUGH THE WEBSITE (INCLUDING THOSE THAT MAY BE PRESENT OR ACCESSIBLE WITHOUT THE KNOWLEDGE OR CONSENT OF THE PUBLISHER SUCH AS MALICIOUS VIRUSES, MALWARE, SPYWARE, OR OTHER BAD AGENTS THAT MAY HAVE INFECTED THIS WEBSITE), USE OF ANY THIRD PARTY HOSTING, PAYMENT & LICENSING SYSTEMS, OR INSTALLATION OF ANY THIRD PARTY PRODUCT NEEDED TO USE THIS WEBSITE.

THE USER WAIVES AND RELEASES ANY AND ALL CLAIMS, IN LAW OR EQUITY, THAT NOW EXIST, OR MAY ARISE, AGAINST THE PUBLISHER, ITS OWNERS, MANAGERS, EMPLOYEES, AGENTS, PROVIDERS, AFFILIATES, ATTORNEYS, AND REPRESENTATIVES AGAINST ANY AND ALL CLAIMS RELATED TO, OR ARISING FROM, THE USE OF THIS WEBSITE. THIS WAIVER AND RELEASE BY USER EXTENDS AND APPLIES TO ANY RELEASE THAT MAY BE COVERED BY CALIFORNIA CIVIL CODE § 1542 WHICH STATES THAT "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

THE USER ALSO AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE PUBLISHER, ITS SPONSORS, EMPLOYEES, AGENTS, PROVIDERS, AFFILIATES, OWNERS, MEMBERS, ATTORNEYS, AND REPRESENTATIVES AGAINST ANY AND ALL CLAIMS BROUGHT AGAINST IT ON ACCOUNT OF THE USER'S ACTIVITIES RELATED TO THE USE OF THIS WEBSITE.

The Publisher will not be liable for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of this website, whether or not caused by any negligent act or omission.

The Publisher does not own, maintain or operate the servers that host this website, which are provided by a third party. As a visitor to this website you acknowledge this, and agree to accept all risk and liability associated with communicating with such third party servers as a consequence of your visit to this website.

GOVERNING LAW & DISPUTE RESOLUTION

It is understood and agreed that this website and these Terms of Use are governed by the laws of the State of California in the United States of America. For any dispute arising out of the use of this website or that relates to these Terms of Use, it is agreed to waive any right the website user or the Publisher may have to a jury trial and to instead submit all disputes to arbitration conducted pursuant to the Commercial Arbitration Rules of The American Arbitration Association. All proceedings related to any dispute shall be confidential and take place in Los Angeles, California. It is further agreed that prior to arbitration the Publisher may require the user to first participate in non-binding confidential mediation which shall take place in Los Angeles California and be conducted pursuant to the Commercial Mediation Rules of The American Arbitration Association.