LEGAL NOTICES

 

These materials have been prepared by Haysbert Moultrie LLP for informational purposes only and are in no way intended to be considered legal advice. The information contained within this website is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Internet subscribers and online readers should not act upon any information contained within this site without seeking professional counsel, whether legal or otherwise. Do not send us any confidential information until you speak with one of our lawyers and get authorization to send such information to us. You should always consult a lawyer for individual advice regarding your own situation. The unsolicited sending of any information, whether confidential or not, does not create an attorney-client relationship. Such relationship between yourself and Haysbert Moultrie LLP and/or any of its attorneys may only be created by entering into a specific written Client Representation Agreement between Haysbert Moultrie LLP and you.

Members of Haysbert Moultrie LLP are licensed to practice law solely in the State of California and the District of Columbia, as the case may be. Haysbert Moultrie LLP makes no representation that materials found at our site are appropriate or available for use in any other locations. If you access our site from other locations, you are responsible for compliance with your own local laws. In no manner whatsoever is Haysbert Moultrie LLP attempting to provide or disseminate any legal advice outside of the States or territories in which any of its attorneys are currently licensed.

Please note that within this website we may provide links to other sites that either demonstrate representative clients of the firm, or are for useful or informative purposes only. We have obtained permission to provide these links. These links do not constitute an endorsement, sponsorship or recommendation of any information, products or services from such providers, who are separate and distinct from the owner of this website.

GENERAL TERMS OF USE

Effective Date: This TOU is updated as of October 19, 2017.

Acknowledgement and Acceptance of Terms: This Website and Haysbert Moultrie LLP’s services are offered to You (“You,” “Your,” or “Yourself”), conditioned on Your acceptance of the following terms, conditions, and notices contained in this agreement (the “Terms and Conditions” or “TOU”). The following TOU describe the terms and conditions applicable to Your access and use of the hmlaw.la website (the “Website”), or any other website that Haysbert Moultrie LLP may make available from time to time (individually or collectively referred to as the “Website”). By using the Website, You are accepting and agreeing to the TOU. If You do not agree to the TOU, do not use the Website. We reserve the right to change the TOU at any time without notice; modifications will be included in the TOU. It is Your responsibility to check the TOU from time to time for modifications. Continued use of the Website after any modifications of the TOU will constitute acceptance of such modifications.

 

Introduction to Haysbert Moultrie LLP: Haysbert Moultrie LLP, is a for-profit California Limited Liability Partnership that provides Legal services in the states and territories in which its members are duly authorized to do so. Haysbert Moultrie LLP is not a, nor is Haysbert Moultrie LLP affiliated with any, local, state, or federal government program.

Ownership: The Website, including without limitation, any information, software, photographs, images, video, audio, graphics, or text on the Website, and all patent, copyright, trademark, trade dress, domain name, trade secret, and other proprietary rights therein are the sole property of Haysbert Moultrie LLP and/or various third party owners. You agree to abide by all applicable intellectual property laws and any additional restrictions set forth on the Website in relation to Haysbert Moultrie LLP Content. The software, technology components and contents of the Website are copyrighted and/or subject to various intellectual property laws. All rights not expressly granted hereunder are reserved. You agree that as between the parties, Haysbert Moultrie LLP is the exclusive owner of the Website, software and all constituent parts, including without limitation, all software code, all photographs, videos and any other content on the Website, HTML scripts, the uniform resource locators (URL’s) for the Website, the organization and layout of the Website, all Haysbert Moultrie LLP trademarks, trade names, service marks, trade dress and logos, all enhancements and improvements thereto, and derivatives thereof, and all patent, copyright, trademark, trade secret, trade dress and other intellectual property rights therein throughout the world (collectively the “Haysbert Moultrie LLP Content”). Any goodwill attached to, or generated by, such Haysbert Moultrie LLP Content is owned exclusively by Haysbert Moultrie LLP, or its licensors, and shall inure solely to the benefit of Haysbert Moultrie LLP, or its licensors. Nothing contained herein or on the Website should be understood as granting You any right or license to any of Haysbert Moultrie LLP Content, except as expressly granted herein. All rights not expressly granted herein are reserved by Haysbert Moultrie LLP, or its licensors. Haysbert Moultrie LLP, or its licensors, retains full and complete title to Haysbert Moultrie LLP Content. You shall not: (i) use or copy Haysbert Moultrie LLP Content in any manner not specifically set forth herein; (ii) include Haysbert Moultrie LLP Content in Your corporate name, within a domain name or within any part of URL’s; (iii) obtain, use, register, or otherwise acquire any trade names, trademarks, service marks, and/or trade dress that are confusingly similar to Haysbert Moultrie LLP Content; (iv) have any claim of ownership in Haysbert Moultrie LLP Content; or (v) sell, redistribute, transfer, sublicense or reproduce Haysbert Moultrie LLP Content, nor may You decompile, reverse-engineer, disassemble, or otherwise convert any of Haysbert Moultrie LLP Content to a human-perceivable form. These Terms do not limit any rights that Haysbert Moultrie LLP may have under trade secret, copyright, patent, trademark or other laws. You acknowledge and agree that the Website contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in any advertisements or information that may have been presented to You through the Website or its advertisers, if any, may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

Limited License; Permitted Uses: You are granted a limited, non-exclusive, non-transferable, non-assignable, revocable license, without any right to grant sublicenses (a) to access and use the Website strictly in accordance with this Agreement; (b) unless otherwise stated, to use the Website solely for internal, personal, non-commercial purposes; and (c) to print out discrete portions of Haysbert Moultrie LLP Content from the Website solely for internal, personal, non-commercial purposes, provided that You maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Website or its contents may be used by You in any litigation or arbitration matter whatsoever under any circumstances.

Use of Website: By using the Website, You represent that You are at least 18 years old and are a resident of the United States. If You are under 18 or not a U.S. resident, do not use the Website. Haysbert Moultrie LLP does not intend to market any products or services to children and does not knowingly or intentionally collect personal information from children under the age of 13 through the Website. You may not store, modify, reproduce, transmit or distribute content from the Website without the prior written consent of Haysbert Moultrie LLP. Haysbert Moultrie LLP may change or restrict Your use of the Website and/or make changes to the products and services described on the Website at any time without notice. You also agree not to use the Website for any unlawful purpose or in any manner that could damage, disable, overburden or impair any server, or the network(s) connected to any server of Haysbert Moultrie LLP, its affiliates or service providers, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website or any services, other accounts, computer systems or networks connected to any server or to any of the services through hacking, password mining, or any other means. Certain third party owners may impose additional terms and conditions set forth elsewhere herein. Your use of Haysbert Moultrie LLP Content from those third-party owners is also subject to those terms and conditions. Any and all caching, hypertext linking to the Website or framing of any Haysbert Moultrie LLP Content is prohibited without Haysbert Moultrie LLP’s prior written consent. Haysbert Moultrie LLP reserves the right to disable any unauthorized links or frames.

Information Contained on Website: The information contained on the Website is not intended as professional, business, investment, financial planning, wealth planning, estate planning, tax, and/or legal advice. While Haysbert Moultrie LLP strives to ensure accuracy of all information presented, Haysbert Moultrie LLP makes no warranties or representations related to the information contained on the Website and disclaims all liability for errors or omissions in the information presented. Haysbert Moultrie LLP does not recommend or endorse any specific company and does not provide advice on how to select or which products or services to buy. YOU ARE ADVISED TO SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC REPORT, OPINION, LAW, INFORMATION, OR OTHER MATERIAL CONTAINED WITHIN THE WEBSITE.

Accuracy: Haysbert Moultrie LLP strives for the Website to be as accurate as possible. However, Haysbert Moultrie LLP does not represent or warrant that any information, descriptions, or other content on the Website are accurate, complete, reliable, current, or error-free. For example, information included on this Website may not be up to date or may have different attributes than reliable information listed elsewhere. Additionally, we may make changes in information without notice.

Call Recording: You acknowledge and agree that Haysbert Moultrie LLP may monitor and/or record any telephone calls between You and Haysbert Moultrie LLP.

Consent to Electronic Communications: For general users of the Website, You consent to receive communications from us electronically and agree that we may communicate with You by email, text message, sms message, or by posting notices on the Website. 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. Additionally, Your carrier’s standard messaging rates may apply to your communications with us via SMS or messages, our confirmation and all subsequent SMS correspondence and/or transmissions. All charges are billed by and payable to your mobile service provider.

Notice Specific to Documents and Information Available on this Website: Haysbert Moultrie LLP may provide free information in the form of articles, blog posts, videos, general reports, checklists and other media formats. Permission to use information and/or documents (such as press releases, datasheets, content, informational items and FAQs) from Haysbert Moultrie LLP is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for Your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, (3) any such information or documents may not be relied on as legal advice and/or representation; and (4) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires advance express written permission of Haysbert Moultrie LLP. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of Haysbert Moultrie LLP Website or any other Haysbert Moultrie LLP owned, operated, licensed or controlled site. Elements of Haysbert Moultrie LLP’s Websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Haysbert Moultrie LLP Website may be copied or retransmitted unless expressly permitted by Haysbert Moultrie LLP.

Disclaimer of Warranties: HAYSBERT MOULTRIE LLP MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE NARRATIVES, DOCUMENTS, AND/OR RELATED GRAPHICS PUBLISHED ON WWW.HMLAW.LA FOR ANY PURPOSE WHATSOEVER. ALL SUCH INFORMATION, DOCUMENTS, AND/OR RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. HAYSBERT MOULTRIE LLP AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY, TITLE, AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON HAYSBERT MOULTRIE LLP WEBSITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HAYSBERT MOULTRIE LLP MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICE(S) DESCRIBED HEREIN AT ANY TIME. HAYSBERT MOULTRIE LLP MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE OR WEBSITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY WEBSITE CONTENT YOU MAY OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. Haysbert Moultrie LLP and its respective affiliates, subsidiaries, and their respective officers, directors, managers, members, partners, shareholders, unitholders, employees, agents, attorneys, and any and all Internet servers and access provider(s) are not responsible for: any incorrect or inaccurate information; human error; technical malfunctions; failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to user’s or any other person’s computer relating to or resulting from any use of Services; inability to access websites; theft, tampering, destruction, or unauthorized access to, or alteration of any submission; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or human or other errors; and any user submissions which are late, lost, incomplete, misdirected, stolen, mutilated, or illegible, or any combination thereof.

Limitation of Liability: YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL HAYSBERT MOULTRIE LLP OR ANY THIRD-PARTY PROVIDER OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, PARTNERS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE, HAYSBERT MOULTRIE LLP CONTENT, OR USER CONTENT, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY DECISION OR ACTION TAKEN IN RELIANCE UPON ANY HAYSBERT MOULTRIE LLP CONTENT, ANY DELAYS, ERRORS, OMISSIONS OR INTERRUPTIONS IN DELIVERY, NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE WEBSITE CONTENT, OR FOR ANY TYPES OF DAMAGES OR LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Trademarks: The Website contains protected marks. Unauthorized use of trademarks, service marks or logos owned by Haysbert Moultrie LLP or any of its partners or affiliates is strictly prohibited and may also be a violation of federal and state trademark laws.

Copyright: The Website is protected by U.S. copyright laws. Except as expressly provided under “Use of Website” section above, You may not use, reproduce, modify, transmit, distribute or publicly display any part of the Website or Haysbert Moultrie LLP Content without the prior written consent of Haysbert Moultrie LLP. We respect the intellectual property of others, and we ask You to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide Haysbert Moultrie LLP with the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  2. A description of the copyrighted work that You claim has been infringed;

  3. A description of where the material that You claim is infringing is located on the Website;

  4. Your address, telephone number, and email address;

  5. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  6. A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Links to Third-Party Websites: Certain links in the Website will let You leave Haysbert Moultrie LLP ‘s Website. The linked sites are not under the control of Haysbert Moultrie LLP and Haysbert Moultrie LLP is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Haysbert Moultrie LLP is not responsible for webcasting or any other form of transmission received from any linked site. Haysbert Moultrie LLP is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Haysbert Moultrie LLP of the site.

Security: Haysbert Moultrie LLP does not make warranties or representations regarding the security of any content. Data sent over the Internet may be intercepted by third parties; if You are concerned about the security of Your data, You should not send it over the Internet.

Social Networking Sites: Haysbert Moultrie LLP may maintain a page on various social networking sites, and all users of such page, and/or any other social media platform are subject to all rules and terms of use of any such social media platform as well as these TOUs, as applicable to Haysbert Moultrie LLP. Should Haysbert Moultrie LLP maintain a presence on any other social media provider, and should You choose to use such social media platform, You will abide by all such applicable TOUs and hold harmless Haysbert Moultrie LLP for any violation of such.

Indemnification: YOU AGREE TO INDEMNIFY HAYSBERT MOULTRIE LLP, AND ITS SUBSIDIARIES, OFFICERS, EMPLOYEES, PARTNERS, AGENTS, CO-BRANDERS, AND OTHER AFFILIATES AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE HAYSBERT MOULTRIE LLP WEBSITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

Exclusion of Consequential Damages. Further Limitation of Liability: IN NO EVENT SHALL HAYSBERT MOULTRIE LLP OR ANY THIRD PARTY PROVIDER OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL DAMAGES OR ANY OTHER LOSS OR INJURY CAUSED IN WHOLE OR IN PART IN RELATION TO THE WEBSITE, THE SERVICES, OR HAYSBERT MOULTRIE LLP CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THE “DISCLAIMER OF WARRANTIES” AND “DISCLAIMER OF LIABILITY” SECTIONS MAY NOT APPLY TO YOU. IN THOSE CIRCUMSTANCES, AS WELL AS ANY OTHER WHERE LIABILITY OCCURS, YOU ACKNOWLEDGE THAT THE ENTIRE LIABILITY OF HAYSBERT MOULTRIE LLP UNDER THIS TOU, OR ANY MATTER RELATING TO THIS TOU, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION OR THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, OR WARRANTY) SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1000) AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

General Provisions: You acknowledge and agree that Haysbert Moultrie LLP’s Website is provided to You on an “AS IS” basis without any warranty whatsoever, and Your sole and exclusive remedy, and Haysbert Moultrie LLP’s sole obligation to You or any third party for any claim arising out of Your use of Haysbert Moultrie LLP’s Website, is that You are free to discontinue Your use of Haysbert Moultrie LLP’s Website at any time. The Terms and Conditions will inure to the benefit of Haysbert Moultrie LLP’s successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Haysbert Moultrie LLP to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.

Governing Law: The TOU shall be governed in all respects by the laws of the State of California, USA, without reference to its choice of law rules. By accessing the Website, You understand and agree that all transactions take place in Los Angeles County, California and agree that the Los Angeles County Courts have exclusive jurisdiction over any disputes with Haysbert Moultrie LLP arising from or related to Your use of the Website or any of the Haysbert Moultrie LLP Content on the Website. You irrevocably consent and submit to the exclusive personal jurisdiction of that court, and You irrevocably waive any jurisdictional, venue or inconvenient forum objections to such court.

Statute of Limitations: Except for claims arising from Your misuse of the Website or Haysbert Moultrie LLP Content, You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Linking to the Website: You may not link to the Website prior to obtaining written permission from Haysbert Moultrie LLP, which may be withheld in Haysbert Moultrie LLP’s sole and absolute discretion.

Information and Press Releases: The Website may contain information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in any press release or otherwise, should not be relied upon as being provided or endorsed by us.

Interstate Nature Of Communications On Website: When you use Website, you acknowledge that in sending electronic communications, you will be causing communications to be sent through Haysbert Moultrie LLP’s computer networks. As a result, and also as a result of Haysbert Moultrie LLP’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to the TOU, you acknowledge that use of the Service results in interstate data transmissions.

Special Admonitions For International Use: Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

General Practices Regarding Use And Storage: You agree that Haysbert Moultrie LLP has no responsibility or liability for the deletion or failure to store any messages and other communications maintained or transmitted by or through the Website. You further acknowledge that Haysbert Moultrie LLP reserves the right to modify these general practices and limits from time to time.

No Third Party Beneficiaries: You agree that, except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this agreement.

Waiver: The failure of Haysbert Moultrie LLP to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Headings: The section and paragraph headings used in this TOU are inserted for convenience only and will not affect the meaning or interpretation of this TOU.

Violation of TOU: Haysbert Moultrie LLP reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this TOU and the Privacy Policy (which is incorporated by reference), including, but not limited to, the right to block access from a particular Internet address to the Website.

Entire Agreement; Severability: This TOU, and the applicable Privacy Policy for Haysbert Moultrie LLP’s Website, constitutes the entire agreement between you and Haysbert Moultrie LLP relating to the use of the Website. Additional terms and conditions may apply when you use any Third-Party Services or access any linked websites. Should any provision of our TOU be held invalid, unlawful or for any reason unenforceable, then the invalid, unlawful or unenforceable provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions.

Injunctive Relief: You hereby acknowledge that a breach of these Terms may cause irreparable harm and significant injury to Haysbert Moultrie LLP that may be difficult to ascertain, and that a remedy at law may be inadequate. Accordingly, you agree that Haysbert Moultrie LLP shall be entitled, without waiving any additional rights or remedies otherwise available to Haysbert Moultrie LLP at law or in equity and without the necessity of posting bond, surety, or any other instrument of financial security to seek injunctive and other equitable relief in the event of a breach or intended or threatened breach by you. Notwithstanding anything to the contrary, Haysbert Moultrie LLP shall be entitled to seek and obtain injunctive relief in any court of competent jurisdiction.

Attorney Fees: In any litigation, arbitration or other proceeding by which one party either seeks to enforce its rights under these Terms (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under these Terms, in addition to any other relief to which the prevailing party may be entitled, the prevailing party will be entitled to recover its reasonable attorney fees, costs and expenses to resolve the dispute and to enforce the final judgment or award.

Legal Equivalency: These Terms and any other electronic documents, policies and guidelines incorporated herein shall be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable against any party hereto as a signed writing; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Any electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding shall, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

 

Contacting Haysbert Moultrie LLP: If you have Website questions, comments, or concerns, please email us using the designated messaging form on our website home page. Please include detail of your questions, comments or concerns and your complete name and contact information.

 

These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.

PRIVACY POLICY

This Privacy Policy was last updated on 10/19/2017.

Acknowledgement and Acceptance of Terms: Haysbert Moultrie LLP, a California Limited Liability Company, understands your concern with privacy and the collection and use of your personal information while visiting or interacting with the www.hmlaw.la website and is committed to protecting your privacy. This Privacy Policy sets forth our current privacy practices with regard to the information we collect when you or your computer interacts with our web site. By accessing www.hmlaw.la or any related or affiliated site, you acknowledge that you fully understand Haysbert Moultrie LLP’s Privacy Policy and freely consent to the information collection and use practices described in this Privacy Policy. The amount and type of information which we receive depends on how you use the site.

Limitation on Scope of Content: The Haysbert Moultrie LLP website contains information regarding Haysbert Moultrie LLP and its services. The services described in this site are available only in those states and territories of the U.S. specifically referred to within the description of each such program. The policies described in this Privacy Policy do not apply to Haysbert Moultrie LLP’s offline communications, data collection practices, or other activities.

Normal Website Usage and Log Files: If you visit Haysbert Moultrie LLP’s website, we may gather and store certain information about your activity. Unless specifically provided by you, the information that we collect generally does not personally identify you and cannot be linked back to you unless you decide at some point to identify yourself. If you are browsing, we may collect the following information: the type of browser and operating system used, the IP address, the date and time you access our site, the number of times you have accessed our site, whether your computer is enabled for Java or cookies, browser language, application and plug-ins, the pages you visit and if you linked to www.hmlaw.la from another website, and the address of that website. We use this information to generate statistics and measure site activity to better provide you with a smooth and efficient experience in using our website.

Categories of Third Parties With Whom We May Share The Information We Collect: The information we collect through this website and from other sources is used to provide products and services to our clients, customers, and/or vendors. We may share information with our affiliated businesses, including but not limited to any of our partners, sponsors, or affiliates, as necessary, to provide services through such companies. The information we receive is a part of our business and one of our assets. In the future, we might buy, sell, exchange, assign, or trade business assets, which may include this information. Also, in the event that Haysbert Moultrie LLP is, or substantially all of its assets are acquired, or in connection with any other substantial corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy, customer information may be disclosed or may be one of the transferred assets. We also may disclose your information: (i) In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from law enforcement or other government agency, whether to establish or exercise our legal rights, to defend against legal claims, or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us; or (ii) When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing, to protect and defend the rights, property or safety of Haysbert Moultrie LLP, our users, our employees, or others, to comply with applicable law or cooperate with law enforcement, or to enforce our website terms and conditions or other agreements or policies. Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States.

Linked Sites: This site may contain hypertext links to other websites which are completely independent of this site. Haysbert Moultrie LLP makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such hypertext link, and any hypertext link to the website of another person or entity shall not in any manner be construed as endorsement by Haysbert Moultrie LLP of such person’s or entity’s website, products or services, and Haysbert Moultrie LLP will not be a party to or in any way monitor any transaction between you and third-party providers of products or services. Furthermore, Haysbert Moultrie LLP has no control over these sites, and the privacy policy or Terms of Use of such sites may not conform to the privacy policy or any other terms of use maintained by Haysbert Moultrie LLP. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Your linking to any other off-site pages or other sites is at your own risk. Your confidential use of these sites cannot be guaranteed by Haysbert Moultrie LLP. Haysbert Moultrie LLP shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality with respect to your use of these sites or any information you transmit through such sites.

Collection of Personally Identifiable Information to Provide a Service or Correspondence: Haysbert Moultrie LLP will receive and store information which may be personally identifiable to you (such as name, address, e-mail address, gender, age, type of request, and possibly additional information) whenever you provide this information to us through this website. We may also obtain information about you from third parties. We may also periodically obtain both personal and non-personal information about you from other businesses, business partners, contractors and other third parties. Examples of information that we may receive include: updated delivery and address information and additional demographic information. We may also collect and store personal information about other people that you provide to us. If you use our website to send others (friends, relatives, colleagues, etc.) information that may interest them through our system, we may store your personal information, and the personal information of each such recipient.

How We Generally Use the Information We Collect: In general, we may use information that we collect about you to: (i) deliver the services that you have requested; (ii) perform research and analysis about your use of, or interest in, our services or content, or products, services or content offered by others; (iii) communicate with you by e-mail, postal mail, telephone and/or mobile devices or send newsletters about products or services that may be of interest to you; (iv) communicate with you with in regard to partially completed service requests; (v) develop and display content and advertising tailored to your interests on our site and other sites; (vi) perform background screening, which may include the use of third parties; (vii) enforce our terms and conditions; (viii) manage our business; and (ix) perform functions as otherwise described to you at the time of collection. Additionally, we might share your information with various parties, including without limitation: (i) authorized service providers; (ii) business partners; and/or (iii) contractors and other service providers.

Transmission of Information & Security: Even though we endeavor to ensure that all available procedural safeguards are integrated into our website and we adhere to the generally accepted standards of security for the purpose of protecting information provided by visitors to this website, transmission of information through our website has the potential of being unstable, unreliable and insecure. Haysbert Moultrie LLP makes every effort to ensure the secure collection and transmission of sensitive user information using industry-accepted data collection and encryption methodologies; however, there is a risk that such information may be illegally intercepted.

Children’s Online Privacy Protection: This website is not designed for or intentionally targeted at children 13 years of age or younger. The Haysbert Moultrie LLP website complies with the Children’s Online Privacy Protection Act of 1998 (COPPA). COPPA and its accompanying FTC regulation protects the privacy of children using the Internet. Haysbert Moultrie LLP does not knowingly collect or solicit personally identifiable information from children under 13. The Haysbert Moultrie LLP website is not intended to solicit information of any kind from children under 13, and is designed to block our knowing acceptance of any such information unless such information is provided by or with the consent of the child’s parents or guardians. It is possible that by fraud or deception we may receive information pertaining to children under 13. If we are notified of this, as soon as we verify the information, we will immediately obtain parental consent or otherwise delete the information from our servers.

E-news and Promotional E-mails: From time-to-time, we may offer free e-newsletters and occasionally send out promotional e-mails as a service to our visitors. We send e-mails only if the user has not opted out from receiving communications from Haysbert Moultrie LLP through its websites or its affiliates.

Blogs, Bulletin Boards, Chat Rooms, and Forums: The Haysbert Moultrie LLP website may now or in the future include chat rooms, forums, bulletin boards, blogs, message boards, news groups, and/or areas on our websites where you can post information about yourself and others and communicate with others, as well as post reviews of products, establishments, contractors, and the like, or upload content (e.g. pictures, videos, audio files, etc.). All such postings will be governed by our general Terms of Use. If you should choose to participate in any of the aforementioned, Haysbert Moultrie LLP shall be deemed as a passive conduit and will not be liable for any of the transmitted information. Whenever you voluntarily disclose personal information on publicly-viewable web pages, any information that is disclosed in these areas becomes public information and can be collected and used by others. You should exercise caution before disclosing your personal information via these public venues, which you do at your own risk. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. If you choose to voluntarily disclose any information upon any of the aforementioned public forums, you may receive unsolicited emails or “spam.” Once you have posted information, you may not be able to edit or delete such information. Haysbert Moultrie LLP cannot safeguard the privacy of personally identifiable information that is disclosed and can be viewed or accessed online in this manner.

Visiting our websites from outside the United States: This Privacy Policy is intended to cover collection of information on our website from residents of the United States. If you are visiting our website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. Please be assured that we seek to take reasonable steps to ensure that your privacy is protected. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this privacy policy.

No Rights of Third Parties: This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.

Changes to this Policy: Haysbert Moultrie LLP has the right, in its sole and absolute discretion, to occasionally update this Privacy Policy at any time and without notice, and it is your responsibility to review this Policy for any changes. When we do, we will also revise the updated date at the beginning of this privacy policy. We encourage you to periodically review this privacy statement to stay informed about how we are helping to protect the personal information we collect. Your continued use of the service and this website constitutes your agreement to this privacy statement and any updates, as well as your agreement to abide and be bound by the modified policy.

Consent to Terms of Privacy Policy: If any provision of this Policy is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Policy, which shall remain in full force and effect. No waiver of any term of this Policy shall be deemed a further or continuing waiver of such term or any other term, and Haysbert Moultrie LLP’s failure to assert any right or provision under this Policy or any other Agreement shall not constitute a waiver of such right or provision. By using this site, you signify your assent to this Privacy Policy. If you do not agree to this policy, please do not use this site any further and exit this site immediately.

Notice of Use of Cookies and Other Technologies: Haysbert Moultrie LLP may use cookies on this website. By use of this site, you accept the use of cookies in accordance with this Cookie Notice. You may disable use of cookies on this site through your browser settings. Cookies are pieces of information that a website transfers to an individual’s hard drive for record-keeping purposes so that we may track site and user activity. Specifically, we automatically collect information from your browser when you visit our website. This information includes your IP address, access times, the content of any undeleted cookies that your browser previously accepted from us, and the referring website address. The use of cookies is an industry standard and you will find them at most major websites. We, our affiliates, and/or our business partners may use cookies on our site. When you visit our website, we may assign your computer one or more cookies, to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. By showing how and when visitors use the site, cookies help Haysbert Moultrie LLP to better determine which areas of our site are popular and which areas are not. Many improvements and updates to the site are based on such data as total number of visitors and pages viewed. However, usage of a cookie is generally not linked to any personally identifiable information while on our site. A cookie cannot be used to access or otherwise compromise the data on your hard drive. Most browsers are initially set to accept cookies. If you’d prefer, you can set your browser to refuse cookies or to alert you when cookies are being sent. The “help” portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you have a new cookie, or how to disable cookies altogether. If the user rejects the cookie, it is possible that some parts of our site will not function properly. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site. We also may include web beacons in promotional or other e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.

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