Effective Date: February 23, 2023
These Terms of Use (“Terms”) create a legal agreement between you (“you”) and Berkeley Data Law PC (“BDL”) that governs:
- the information made available through this website (the “Information”);
- the nature of the relationship between you and BDL;
- certain other matters of professional conduct; and
- your use of this website and the Information (collectively, the “Site”).
By accessing any portion of the Site, you are indicating that you have read and understood, and that you agree to be bound by, these Terms, which BDL may amend from time to time. If you do not agree to these Terms, you are not permitted to access the Site.
- No legal advice. The Information is made available for general informational purposes only, and is not intended to constitute specific legal advice or to be a substitute for advice from qualified counsel. Without limiting the foregoing, the Information may not reflect recent developments in the law, may not be complete, and may not be accurate in or applicable to your jurisdiction. Because the Information is general in nature and may not pertain to your specific circumstances, you should not act or refrain from acting based on any Information without first obtaining advice from professional counsel qualified in the applicable subject matter and jurisdictions.
- No attorney-client relationship. BDL has a policy of entering into attorney-client relationships with its clients only in accordance with certain procedures, which include executing an engagement letter and addressing professional conduct conflicts as required by applicable rules of professional conduct. You agree that neither your use of the Site, your receipt of the Information, nor your transmission of email to addresses on the Site creates an attorney-client relationship between you and BDL.
- No Advertising or Solicitation. The Site is not intended to be an advertisement or solicitation, but may be deemed an advertisement in certain jurisdictions.
- Sensitive Communications. You agree that email that you send will not be treated as confidential or covered by attorney-client privilege; provided, however, that if you are an existing client of BDL and you send an email to BDL pertaining to a matter in which BDL then represents you, such email may be entitled to be treated as confidential or privileged. Notwithstanding the foregoing, you acknowledge that email and the internet are generally insecure media of communication, and BDL cannot guarantee the confidentiality of any email sent or received by it or any information submitted by you to BDL through the Site.
- Authorized Jurisdictions; Certifications. Each BDL attorney is licensed to practice only in those jurisdictions set forth in that attorney’s biography on the Site. Except as specifically stated, no BDL attorney is certified (including as a specialist) by any professional or government authority.
- Principal Office; Responsible Attorney. To the extent the applicable rules in your jurisdiction require such designation, BDL’s principal office is its Berkeley, California office at the location in the CONTACT tab. BDL’s responsible attorney for the Site for its office in California is Adam Connolly.
- No Warranty of Results. The Information may contain descriptions of matters in which BDL successfully represented its clients. The results of these matters were dependent on their specific circumstances, and are in no way intended to be predictive of future results, even in similar circumstances, or offer any type of guarantee or assurance of outcome. Information pertaining to BDL clients may not reflect the opinions such clients.
- Prohibited Uses. You will not use the Site in violation of any applicable law. Without limiting the foregoing, you will not use the Site in connection with (a) the infringement of intellectual property rights, including BDL’s rights in its marks and its articles and alerts; (b) the unauthorized transmission of unsolicited commercial email; (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 Site.
- Copyright in Information. The Site including the Information is protected by United States and international copyright laws. All rights are reserved. Subject to the terms of these Notices and Terms, BDL grants to you a limited, nonexclusive, personal license to access, view, download and print the Information solely for noncommercial and informational purposes. You may not modify the Information in any way, and you may not remove or obscure any copyright or permission notices provided on or in connection with the Information. BDL does not grant to you any rights in its marks.
- Email. You may send email to those addresses made available on the Site for the purposes of requesting information regarding BDL or legal or other services offered by BDL. You agree to cease sending email to any BDL address upon BDL’s request.
- No Warranties. The Site is provided to you "as is." Your access and use of the Site is at your own risk. To the extent permitted by the law and rules of professional conduct in the applicable jurisdiction, BDL disclaims all conditions, representations and warranties, express, implied, statutory or otherwise, including any warranties of merchantability, fitness for a particular purpose, title, accuracy of informational content, system integration, non-infringement of third party rights, quiet enjoyment, and uninterrupted or error-free operation.
- Disclaimer of Liability. To the extent permitted by the law and rules of professional conduct in the applicable jurisdiction, BDL 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.
- Third Party Information. BDL may hyperlink to or otherwise make third party information available on the Site for convenience. BDL does not control, endorse or approve of any such information or the third parties that provide it.
- Miscellaneous. You agree that any dispute arising out of or in connection with the Site or these Terms 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, and you submit to the exclusive jurisdiction and venue of the state and federal courts located in Alameda County, California. BDL may amend these Terms from time to time and the amended Terms will take effect upon being posted to the Site.