Terms of Service

Use of any of the material or features appearing on  Alicia I. Dearn’s website is subject to these terms and conditions. You agree to these terms and conditions by accessing and viewing the site.

These terms and conditions apply exclusively to your access to, and use of, the web site located at www.dearnlaw.com. These terms and conditions do not alter in any way the terms or conditions of any other agreement you may have with Alicia I. Dearn or Higgs, Fletcher, & Mack, LLP.

These terms and conditions may be modified at any time, without notice, and shall be effective immediately upon posting on the site. Your continued access or use of the site after the modifications have become effective shall be deemed your conclusive acceptance of the modified terms and conditions. Please check the Terms and Conditions page periodically for changes.

If you do not agree to all of the terms and conditions, you are not authorized to use the site or any of its material or features.

Definitions

The terms and conditions of Alicia I. Dearn and Higgs, Fletcher, & Mack, LLP shall be referred to as the “Terms”. The individuals or companies using the site, its materials or its features shall be referred to as the “User”. This website, all its pages, materials and features, shall be referred to as the “Site”.

Attorney Advertising

Dearnlaw.com is the marketing website of Alicia I. Dearn, attorney at law and Higgs, Fletcher, & Mack, LLP. The materials on the Site include advertisements for legal services.

This is a Contract

The Terms is a legal agreement between Alicia I. Dearn, Higgs, Fletcher, & Mack, LLP, and the User. The Site is only available to individuals who can form legally binding contracts under applicable law. The Site is not available for use by minors. Any User of this Site represents that he or she accepts these Terms and intends to be personally bound by the Terms or that he or she has been authorized to accept these Terms on behalf of a company. Any User of the Site on behalf of any company also warrants that the company agrees to indemnify the User and company for violations of these Terms. If the User is not so authorized or does not intend to be personally bound, then User should not and may not use the Site.

User Guidelines

Alicia I. Dearn and Higgs, Fletcher, & Mack, LLP reserve the right to deny further access to the Site, terminate all services to User or to delete any information or posts of any User who violates these guidelines, is the subject of complaints by other Users, or for any other reason, in its sole discretion, subject to applicable laws.

Users may not:

 

• do or say anything to injure or harm others
• display material containing nudity or pornographic material of any kind
• provide material that is grossly offensive to the online community, including blatant expressions of bigotry, prejudice, racism, hatred, or profanity
• promote, encourage or provide instructional information about illegal activities, or promoting physical harm or injury against any group or individual
• defame any person or group
• display material that exploits children under 18 years of age
• violate the legal or intellectual property rights of another
• violate the internet laws applicable to the User and of the United States
• use the Site for displaying harassing, abusive, threatening, harmful, vulgar, obscene, or tortious material or invading others’ privacy
• interfere with or disrupt the Site or servers or networks connected to the Site by posting advertisements or links to competing services, transmitting “junk mail”, “spam”, “chain letters”, or unsolicited mass distribution of e-mail
• compromise the security of the Site, including, but not limited to, trying to gain access to system areas private to Alicia I. Dearn, Higgs, Fletcher, & Mack, LLP, or to other Users
• aggregate data off the Site for commercial purposes outside the scope and purpose of the Site, including, but not limited to, using information available on the Site to spam or solicit Users without their permission
• post any misleading, false or inaccurate information
• modify, translate, produce a source listing, decompile, disassemble, or reverse engineer the Site or any portion thereof
• create derivative versions of any part of the Site
• rent, transfer, distribute or grant any rights in the Site in any form
• repost any information that has already been deleted by Alicia I. Dearn or Higgs, Fletcher, & Mack, LLP because of its inappropriate nature or subject matter

 

Disclaimers

Site Content Does Not Constitute Legal Advice, Nor Does Use of the Site Create An Attorney-Client Relationship With Alicia I. Dearn or any other attorneys at Higgs, Fletcher, & Mack, LLP.

The information contained in this Site is provided solely for the general interest of the Users of this Site. This information may not reflect current legal developments and is general in nature. It should not be relied upon or construed as legal advice and is not a substitute for obtaining legal advice from an attorney licensed in your jurisdiction.

Alicia I. Dearn and Higgs, Fletcher, & Mack, LLP assume no liability or responsibility for any errors or omissions in the content of this Site. Use of the Site in any manner, including, but not limited to, the viewing, sending or receipt of information, does not create an attorney-client relationship between a User and Alicia I. Dearn or any other attorneys at Higgs, Fletcher, & Mack, LLP.

No Guarantee of Confidentiality

Alicia I. Dearn and Higgs, Fletcher, & Mack, LLP make every effort to maintain the confidentiality of any information submitted by Users. However, because Alicia I. Dearn and Higgs, Fletcher, & Mack, LLP cannot control the conduct of others, she cannot guarantee that this information will remain confidential. Please use caution in deciding what information to input into the Site. Do not make any confessions or admissions. Do not use proper names or addresses. Do not provide any other highly personal, sensitive, or incriminating information. Alicia I. Dearn and Higgs, Fletcher, & Mack, LLP are not responsible for the release or improper use of such information by other Users or any release due to error or failure in the Site.

Third-Party Resources and Advertisements

Alicia I. Dearn and Higgs, Fletcher, & mack, LLP are not responsible for any third party content, including the content provided by other Users of the site, or that may be accessed through or linked to this Site.

Alicia I. Dearn and Higgs, Fletcher, & Mack, LLP may run advertisements and promotions from third parties on the Site. User business dealings or correspondence with, or participation in promotions of, advertisers and any terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party advertiser. Alicia I. Dearn and Higgs, Fletcher, & Mack, LLP are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

No Warranties

The Site, its materials and services, are provided “as is” without warranty of any kind, either express or implied. Alicia I. Dearn or Higgs, Fletcher, & Mack, LLP disclaims all warranties, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title, non-infringement or free of viruses or other harmful components.

Alicia I. Dearn and Higgs, Fletcher, & Mack, LLP adds, changes, improves or updates the information and documents on this Site without notice. It does not represent or warrant that Site materials and information are accurate, complete, reliable, current or error-free.

Alicia I. Dearn and Higgs, Fletcher, & Mack, LLP make no warranties, express or implied, about the result of any case or the result of any attorney-client relationship developed between Users of this Site and Alicia I. Dearn or any other attorneys at Higgs, Fletcher, & Mack, LLP.

Intellectual Property

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act and other applicable law, Alicia I. Dearn and Higgs, Fletcher, & Mack, LLP have adopted a policy of terminating, in appropriate circumstances and at their sole discretion, Users who are deemed to be repeat infringers of the intellectual property rights of others. Alicia I. Dearn and Higgs, Fletcher, & Mack, LLP may also limit access to the Site of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Copyright Complaints

If you believe that any material on the Site infringes upon any copyright which you own or control, please provide Alicia I. Dearn or Higgs, Fletcher, & Mack, LLP with the following information relevant to your claim: (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 and its location on the Site; (3) your address, telephone number, and email address; (4) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner; (5) 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. You may submit your notice of claims of copyright infringement to:

Alicia I. Dearn
Higgs, Fletcher, & Mack, LLP
401 West A Street, Suite 2600
San Diego, CA 92101

Alicia I. Dearn or Higgs, Fletcher, & mack, LLP may give notice of a claim of copyright infringement to any User by means of a general notice on the Site, email to a User’s email address in our records, or by first-class mail to a User’s address in our records.

Trademarks

“Alicia I. Dearn,” Alicia I. Dearn’s logo, Higgs, Fletcher, & Mack, LLP and its logo and any other product or service name or slogan contained in the Site are trademarks of Alicia I. Dearn  and Higgs, Fletcher, & Mack, LLP and their suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Alicia I. Dearn, Higgs, Fletcher, & Mack, LLP, or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Alicia I. Dearn” or Higgs, Fletcher, & Mack, LLP or any other name, trademark or product or service name of Alicia I. Dearn or Higgs, Fletcher, & Mack, LLP without prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and trade dress of Alicia I. Dearn and Higgs, Fletcher, & Mack, LLP and may not be copied, imitated or used, in whole or in part, without prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.

Links to Site

Alicia I. Dearn and Higgs, Fletcher, & Mack, LLP welcomes links to this Site from other web sites. However, Alicia I. Dearn and Higgs, Fletcher, & Mack, LLP in no way operate, control or endorse linking sites. Nor does linking to Alicia I. Dearn or Higgs, Fletcher, & Mack, LLP imply an endorsement of the third party web site by Alicia I. Dearn or Higgs, Fletcher, & mack, LLP.  Alicia I. Dearn and Higgs, Fletcher, & Mack, LLP reserve the right to disallow any links at any time at their sole discretion.

Users are granted a limited, non-exclusive right to create a link to the Site, provided the link does not portray Alicia I. Dearn, Higgs, Fletcher, & Mack, LLP,  or any of their products and services, or any lawyer, in a false, misleading or defamatory manner, and provided further that the linking Site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.

Users may not use the logo or other proprietary graphic of Alicia I. Dearn or Higgs, Fletcher, & mack, LLP to link to this Site without the express written permission of Alicia I. Dearn or Higgs, Fletcher, & Mack, LLP. Further, Users may not use, frame or utilize framing techniques to enclose any Alicia I. Dearn or Higgs, Fletcher, & Mack, LLP trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout or design of any page or form contained on a page on the Site without Alicia I. Dearn’s or Higgs, Fletcher, & Mack, LLP’s express written consent.

Except as noted above, Users are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Alicia I. Dearn and Higgs, Fletcher, & Mack, LLP, or any third party, it being expressly denied.

Loss of Data

Alicia I. Dearn and Higgs, Fletcher, & Mack, LLP are not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, file corruption, or any other reasons, subject to applicable laws.

Release and Use of Information

Alicia I. Dearn and Higgs, Fletcher, & Mack, LLP may release current or past User information, pursuant to the terms of the Privacy Policy, in the event that Alicia I. Dearn or Higgs, Fletcher, & Mack, LLP believe that accounts are in violation of the Terms or used to commit unlawful acts, or if the information is subpoenaed or otherwise compelled by a governmental authority.

Modifications to Service

Alicia I. Dearn and Higgs, Fletcher, & Mack, LLP reserve the right to modify or discontinue, temporarily or permanently, the Site, with or without notice to the User. The User agrees that Alicia I. Dearn and Higgs, Fletcher, & Mack, LLP shall not be liable to the User or any third party for any modification or discontinuance of the Site. The User acknowledges and agrees that Alicia I. Dearn and Higgs, Fletcher, & Mack, LLP may immediately delete data and files in the User’s account and bar any further access to such files or the Site, subject to applicable laws.

Limitation of Liability

THE USER AGREES THAT ALICIA I. DEARN AND HIGGS, FLETCHER, & MACK, LLP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF ALICIA I. DEARN OR HIGGS, FLETCHER, & MACK, LLP HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USER FURTHER AGREES THAT ALICIA I. DEARN AND HIGGS, FLETCHER, & MACK, LLP SHALL  NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

Indemnification

The User agrees to indemnify, defend, and hold Alicia I. Dearn and Higgs, Fletcher, & Mack, LLP harmless from and against any and all liability and costs incurred in connection with any loss, liability, claim, demand, damage, and expenses arising from or in connection with the contents or use of the Site. The User agrees that this defense and indemnity shall also apply to any breach by the User of the Terms. The User further agrees that this defense and indemnity shall include without limitation attorneys’ fees and costs. The User also agrees that this defense and indemnity shall apply to Alicia I. Dearn, Higgs, Fletcher, & Mack, LLP, and their affiliates, agents, associates and employees. Alicia I. Dearn and Higgs, Fletcher, & Mack, LLP reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User and the User shall not in any event settle any matter without the written consent of Alicia I. Dearn or Higgs, Fletcher, & Mack, LLP.

No Agency

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created between User and Alicia I. Dearn or Higgs, Fletcher, & Mack, LLP by these Terms.

Choice of Law and Venue

The Terms and the relationship between the User and Alicia I. Dearn and Higgs, Fletcher, & Mack, LLP shall be governed by the laws of the State of California without regard to its conflict of law provisions, even if the User is outside of California. Jurisdiction and venue shall be exclusive to the state or federal courts in the County of San Diego, California, United States of America. Users consent to the exclusive jurisdiction of these courts.

The original of the Terms has been written in English. The User waives any statute, law, or regulation that might provide an alternative law or forum or to have the Terms written in any language other than English. Alicia I. Dearn, Higgs, Fletcher, & Mack, LLP,  and User exclude the United Nations Convention on Contracts for the International Sale of Goods from these Terms.

Export Control

Alicia I. Dearn and Higgs, Fletcher, & Mack, LLP control and operates the Site from their offices in California, United States of America and make no representation that the content or templates are appropriate for use in other locations. User agrees to comply with all U.S. and other export laws and assumes sole responsibility for obtaining licenses to export or re-export as may be required. If User uses the Site from other locations, User is responsible for complying with any applicable local laws, including but not limited to the export and import regulations of other countries.

Headings

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Privacy Policy Incorporated

The Terms incorporates by reference Alicia I. Dearn’s and Higgs, Fletcher, & Mack, LLP’s Privacy Policy.

Entire Agreement

The Terms constitute the entire agreement between User and Alicia I. Dearn and Higgs, Fletcher, & Mack, LLP with respect to the subject matter covered herein, and supersede all previous agreements.

Severability

If any provision of these Terms shall be deemed unlawful, void or unenforceable by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. The invalid that provision shall also be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Waiver of Terms

If Alicia I. Dearn or HIggs, Fletcher, & Mack, LLP fail to exercise or enforce any right or provision of these Terms, that failure shall not be used to prove that Alicia I. Dearn or IHggs, Fletcher, & Mack, LLP have waived the right or provision. No waiver of any of the Terms shall be deemed a waiver of any other such Terms.

Notices, Questions or Comments

Any notices, questions or comments to Alicia I. Dearn or Higgs, Fletcher, & Mack, LLP regarding the Terms shall be sent using the site’s contact form. Any notice to User shall be given to the name and email or mailing address submitted at the time of User’s registration.