Terms of Use

THE FOLLOWING TERMS AND CONDITIONS OF USE OF THIS WEB SITE ARE PRECEDENT TO YOUR USE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO, THE FUNCTIONALITY OF POSTING AND RESPONDING VIA THE WEB SITE INTERFACE (‘SERVICE’) PROVIDED BY JON-ERIK G. STORM (“STORM”)

1. NO ATTORNEY-CLIENT RELATIONSHIP

Nothing on this site shall constitute any element of the creation of an attorney-client relationship between you and Storm. You must not follow any perceived implicit or explicit recommendation on this SERVICE without first contacting your own counsel. Your reliance on any information set forth on the SERVICE is solely subject to your own discretion, and does not come at the insistence or recommendation of STORM.

2. TERMS OF THIS AGREEMENT

Storm may, at its option, terminate this service to you, without notice, for material breach of this Agreement, including, without limitation:

(a) If you impair or attempt to impair the integrity of Storm’s computer programs, information or services; (b) If you disseminate information acquired hereunder in violation of section 5 below; provided, however, that Storm will still be able to exercise all of its other rights and remedies under this Agreement at law and in equity.

3. NO WARRANTY

STORM MAKES NO REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AS TO ANY MATTER WHATSOEVER INCLUDING, BUT NOT LIMITED TO, THE ACCURACY OF ANY INFORMATION OR SERVICE FURNISHED HEREUNDER AND YOU ACCEPT SUCH INFORMATION AND SERVICES ON AN “AS IS” BASIS.

4. LIMITATION OF LIABILITY

(a) In no event shall either party be liable to the other for any special, indirect or consequential damages including, without limitation, loss of anticipated profits or other economic loss in connection with or arising out of the availability, existence, furnishing, or functioning of any product or information provided for under this Agreement.

5. RESTRICTIONS ON USE OF DATA

(a) You understand and agree that all information acquired hereunder is for your personal use. All of the information on stormsemploymentlaw.com is proprietary to or is licensed to Storm by our users or third parties. You agree not to use any robot, spider, scraper or any other automated means, by whatever name known, to access stormsemploymentlaw.com for any purpose without Storm expressly providing, in an authorized writing, such permission.

(b) You agree not to: (i) take any action that imposes, or may impose in Storm’s sole discretion an unreasonable or disproportionately large load on Storm’s infrastructure; (ii) copy, reproduce, modify, frame, create derivative works from, distribute or publicly display any content (except for your internal personal non-commercial use), disseminate, distribute, or otherwise transfer or provide access to information acquired from stormsemploymentlaw.com without Storm having first provided you with an authorized signed writing expressly permitting you to do so; (iii) interfere or attempt to interfere with the proper working of stormsemploymentlaw.com or any activities conducted on stormsemploymentlaw.com; (iv) bypass measures we may use to prevent or restrict access to stormsemploymentlaw.com; (v) access stormsemploymentlaw.com by any means other than through the interface that is provided by Storm for use in accessing stormsemploymentlaw.com; or (vi) otherwise violate the limited scope of permission hereby expressly granted. These restrictions shall survive the termination of this Agreement.

(c) You understand and agree that information acquired hereunder is provided for informational purposes only. You agree that you will not download information acquired hereunder with the intent to database it for future use. Storm, in his sole discretion, will determine if user activity patterns indicate that information is being used for these purposes. If Storm determines that information is being used for purposes other than these purposes, Storm shall take any action necessary to prevent such abuse.

6. PROPRIETARY DATA

(a) This website and all systems, programs, records, statistics, data, documentation, and any other material utilized or developed by Storm in connection with this Agreement and the SERVICE and information supplied hereunder shall be and remain the sole property of Storm. All rights, title to, and interest in, including copyrights and renewals thereof, all systems, programming, records, statistics, data, documentation, operator’s manuals, components, and accessories comprising the system furnishing the services hereunder and provided by Storm shall remain the property of Storm or its licensor at all times.

(b) You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based upon the Software for any SERVICE, without Storm’s written consent.

7. MISCELLANEOUS

(a) No waiver shall be effective unless made in writing.

(b) This Agreement represents the entire agreement between the parties hereto.

(c) The laws of the State of California, USA, applicable to agreements executed and performed wholly within California, shall govern the validity, interpretation and enforcement of this Agreement.

(d) If any provision of this Agreement or its application is held to be invalid, illegal, or unenforceable in any respect, the validity, legality or enforceability of any of the other provisions and applications herein shall not in any way be affected or impaired.

(e) You hereby agree to indemnify and hold Storm and his affiliates, employees, agents and representatives harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and expenses) arising out of or relating to: (i) your use of this website or (ii) any alleged breach of this Agreement by you.

(f) By using this website, you signify your agreement to the terms and conditions of this Agreement. If you do not agree to the terms in this Agreement, you must not use this website. Storm reserves the right to change the terms of this Agreement at any time, and your use of this website after such changes are posted means that you accept such terms as revised.

8. ARBITRATION

Any dispute arising under this Agreement is subject to mandatory and binding Arbitration, at Storm’s option, before the American Arbitration Association, whose rules are incorporated into this Agreement. The location of such arbitration shall be at a place of Storm’s choosing.

Storm alone may waive the right to Arbitration. In that even, the Parties agree that any lawsuit brought hereunder shall be venued in, and shall proceed in, the Superior Court of California for the County of San Luis Obispo.

The prevailing party shall be entitled to his/her/its attorney’s fees, costs, and any other relief the Arbitrator or Court deems proper.