Last updated July 2017
Access to and use of material appearing on the Yarian & Associates, APC website (the “Website”) are subject to these terms and conditions (these “Terms”). You agree to these Terms by accessing and viewing the material on the Website. Material on the Website may be modified at any time, and those modifications shall be effective immediately upon posting on the Website. Your continued access or use of the Website after the modifications have become effective shall be deemed your conclusive acceptance of the modified Terms.
1. ATTORNEY ADVERTISING
Under California’s Business and Professions Code and California Rules of Professional Conduct, and in some other states, some materials contained on this Website may be considered attorney advertising. Statements about prior results do not guarantee a similar outcome. Results depend upon a variety of factors unique to each representation. Some photos on this web site are of actors and not of clients or firm personnel.
2. NO LEGAL ADVICE OR ATTORNEY-CLIENT RELATIONSHIP
The information contained in this Website is provided solely for those who may wish to know information about Yarian & Associates, APC (“Yarian & Associates,” “we” or “us”). 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 it is not a substitute for obtaining legal advice about a specific question from an attorney licensed in your state. Similarly, submission of an email to Yarian & Associates or to any Yarian & Associates attorney or other communication through the Website does not create any attorney-client or other privileged or confidential relationship, and we have the right to use or disclose any such information that has been submitted to Yarian & Associates or its attorneys. Accordingly, do not disclose any information to us that you wish to remain private or confidential. If you intend to send any confidential information to Yarian & Associates via email or by posting any of Your Content (as hereinafter defined) to the Website, you should speak first with one of our lawyers and obtain authorization to do so.
3. LINKS TO OUR WEBSITE AND TO THIRD-PARTY RESOURCES
Yarian & Associates is not responsible for any content that you may access from third-party resources that may be accessed through or linked to this Website. We welcome links to our Website from other web sites; however, we in no way operate, control or endorse linking sites, and we reserve the right to disallow any such link at any time in our sole discretion. Should you wish to link to our Website, you must link only to our homepage, www.yarianlaw.com.
4. NO WARRANTIES
We make no guarantee that the information on this Website is up-to-date, accurate or complete, and you should not rely on it in making any decision, taking any action or refraining from taking any action. For more specific, comprehensive and up-to-date information, or for help with particular factual situations, you should seek the opinion of legal counsel licensed in your state or jurisdiction.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY AND NON-INFRINGEMENT) ARE EXPRESSLY DISCLAIMED. ALL CONTENT AVAILABLE THROUGH THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. PAUL HASTINGS MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT THEREIN. THE FOREGOING DISCLAIMER INCLUDES, WITHOUT LIMITATION, A DISCLAIMER OF ANY WARRANTY OR REPRESENTATION THAT THE WEBSITE WILL BE UNINTERRUPTED, RELIABLE, SECURE OR ERROR-FREE, THAT THE WEBSITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR EXPECTATIONS.
Yarian & Associates periodically adds, changes, improves or updates the information and documents on this Website without notice.
You assume all responsibility for your use of, or access to, this Website, including your access to any literature obtained through the Website, and waive all claims or causes of action against Paul Hastings, its partners, officers, employees, agents or affiliates in connection therewith.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 Proprietary Rights. The Website contains or may contain information, text, editorial content, notices, software (including HTML or XML-based computer programs), photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (including logos) (collectively, “Content”). All Content and the Website itself, including its “look and feel” (e.g., text, graphics, images, logos, and button icons), are protected under both United States and foreign copyright, trademark and other laws. The Content belongs to or is licensed to Paul Hastings.
5.2 Use of Content. Paul Hastings grants you permission to access and view the Website and Content contained therein. You may download or print a copy of textual Content provided in the Website for internal use or internal distribution only. Any other use of the Website or the Content, in whole or in part, without prior written consent from us, is strictly prohibited, including without limitation: reprinting, modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction for any purpose other than as expressly permitted above, or other similar unauthorized exploitation of the Website or any Content. Without limiting the foregoing, unauthorized use of any Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit. You agree not to “frame” or “mirror” any Content or third-party content contained on or accessible from the Website on any other server or Internet-based device without our advance written authorization.
6. CONTENT THAT YOU UPLOAD OR OTHERWISE TRANSMIT
6.1 Your Content Copyright Policy, Representation and Indemnity. You are wholly responsible for any Content that you upload or otherwise transmit to the Website (“Your Content”), whether Your Content consists of text, photographs, pictures, art work, or other data types, such as audio, video or multimedia. It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner or to use trademarks without the permission of the trademark owner. You are responsible for assuring that none of Your Content that you transmit to the Website violates any copyright or trademark right, and that it complies with Section 7.2 of these Terms. Before transmitting Your Content to the Website, you should assure that Your Content is in the public domain and therefore not subject to copyright protection, or that you have the consent of the copyright or trademark owner to use the material. By uploading Your Content to the Website: (i) you grant us a limited, royalty free and non-exclusive license to use, adapt, transmit, transfer, store, copy and display Your Content in connection with our operation of the Website or otherwise as we may see fit; and (ii) you represent and warrant to us that Your Content is in the public domain, or that you have all right, title and interest in and to all copyrights in Your Content, or that you have the express permission to copy and use Your Content for all purposes. You further represent that the Your Content does not violate or infringe upon the proprietary rights (including privacy, moral or publicity rights) of others.
6.2 Your Content Policy and Acknowledgement; Compliance with Law. You may not upload to the Website any of Your Content that (a) infringes any copyright, trademark, right of privacy, right of publicity, or any other right of a third party; or (b) is unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or offensive to the community or to any reasonable segment thereof. (Content of the type described in clauses (a) and (b) is referred to, collectively, as “Inappropriate Content”). Your Content that you submit is governed by applicable laws (including laws which prohibit infringement of copyrights and trademarks, obscenity, pornography, child pornography, or child abuse). We have no obligation to monitor any of Your Content. However, we reserve the right at all times to review Your Content, to disclose Your Content as necessary to satisfy any laws, regulations or government requests, to report any potential violations of law to law enforcement authorities, to refuse to post or transmit any of Your Content and to remove any of Your Content that is, in our sole judgment and discretion, objectionable or in violation of these Terms.
6.3 Third Party Beneficiaries — Medical and Legal Contributions
In no event shall Yarian & Associates or Legal & Medical Contributors be liable for any damages (including, without limitation, incidental and consequential damages, personal injury / wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Yarian & Associates or its Legal & Medical Contributors is advised of the possibility of such damages. Neither Yarian & Associates nor the Legal & Medical Contributors are liable for any personal injury, including death, caused by your use or misuse of the Site or Content.
Yarian & Associates has provided certain disclaimer template language that Legal & Medical Contributors may edit and incorporate in their answers. Ethics rules differ by state, so we are not sure that this language will work for every attorney in every location — especially since rules can change over time. Legal & Medical Contributors should edit or add to disclaimer language as necessary to comply with their own state’s rules.
As always, we do not monitor or control the Content posted via the Service; the answers and messages created by Legal & Medical Contributors are their sole creation and responsibility. We do not endorse or guarantee the completeness, truthfulness, accuracy, or reliability of any answers or messages posted by Legal & Medical Contributors, nor do we endorse any opinions they express.
6.4 Answers to Medical Questions
Content posted by Medical Contributors is not intended to be medical advice or instructions for medical diagnosis or treatment, and no physician-patient relationship is, or is intended to be, created by Content provided by Medical Contributors.
If you think you may have a medical emergency, call your doctor or your local emergency number (911 in the United States) immediately. Content is not a substitute for professional medical advice, examination, diagnosis or treatment. You should not delay or forego seeking treatment for a medical condition or disregard professional medical advice based on Content. You should always seek the advice of your physician or other qualified healthcare professional before starting or changing treatment. Content should not be used to diagnose, treat, cure, or prevent disease without supervision of a doctor or qualified healthcare provider. Content does not recommend or endorse any tests, physicians, products, procedures, opinions or other information. Content is not regulated by the Food and Drug Administration or any state or national medical board.
Information posted to Yarian & Associates publicly or sent in an unsolicited message to a Medical Contributor is not confidential and does not establish a physician-patient relationship without the express consent of the Medical Contributor.
You agree to indemnify us and hold us and our licensors and suppliers harmless from and against any and all losses, damages, costs or expenses, including reasonable attorneys’ fees, arising out of (a) any claim by a third party that any of Your Data (or the use thereof) constitutes an infringement or other violation of such third party’s trademark, copyright, intellectual property rights or other rights, (b) your use or submission of any Inappropriate Content, (c) any violation of law by you, (d) any breach by you of these Terms or (e) your use of the Website. You shall cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Your obligation to indemnify and hold us harmless shall survive any expiration and termination of these Terms.
8. TRADEMARK NOTICE
Trade names, logos and service marks of Yarian & Associates are trademarks of Yarian & Associates (the “Marks”). Without our prior permission, you agree not to display or use in any manner the Marks. Other logos, product and service names are the property of their respective owners, as may be indicated on the Website.
9. COPYRIGHT NOTICE
If you believe a photograph, text or other Content on our Website infringes your copyright, please provide us 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) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, an electronic mail address at which you may be contacted; (5) a written statement that you have a good faith belief that use of the material in the manner complained of 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 information in the notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
You may submit your notice of claim of copyright infringement to:
Yarian & Associates, APC
700 N. Central Ave., Suite 470, Burbank, California 91202
Yarian & Associates respect your privacy. Our privacy practices appear in Yarian & Associates’ Global Privacy Statement, which is hereby incorporated by reference into these Terms.
11. JURISDICTION AND APPLICABLE LAW
These Terms and your use of the Website shall be governed by the laws of California without regard to choice or conflicts of laws principles. Any legal action or proceeding related to this Website shall be brought exclusively in a federal or state court of competent jurisdiction in Los Angeles County, CA.
12. CONTACTING US
If you have any questions or concerns about these Terms, please contact us.