UPDATED: OCTOBER 2020
Acceptance of These Terms:
By accessing or using this Website, you: (a) acknowledge that you have read and understood this TOU; (b) accept and agree to be bound by this TOU; (c) represent you are authorized to enter into this TOU; and (d) acknowledge that this TOU constitutes a binding contract between Neumann & Associates and you.
No Attorney-Client Relationship:
No attorney-client relationship between you and Neumann & Associates is or will be created by your access to or use of the Website or any text, photographs, images, video, audio, graphics, software, or other information contained on the Website (the “Content”). An attorney-client relationship is created only after we discuss your situation and agree to the terms of the engagement in writing. Do not send us any confidential information until an attorney-client relationship has been formed. If you send any confidential information prior to the formation of an attorney-client relationship, you acknowledge and understand we may not be able to maintain the confidentiality of your information.
We reserve the right to decline to enter into a representation agreement with you if it would create a conflict of interest, if your situation is outside our area of practice, or for any other legal reason.
No Professional Advice:
The material provided on the Website is informational only and does not apply to any particular factual, legal, financial, or other situation. You should not rely on any information on the Website as applicable for your particular situation or circumstances.
Nothing on the Website or in the Content is intended to be, or should be construed as, legal, accounting, tax, or other professional advice. We can only provide legal advice to you after you have signed a representation agreement with Neumann & Associates, and we have reviewed your situation.
License and Restrictions:
You acknowledge, however, that you may only use the Website and Content for your own personal, non-commercial use and to obtain information about our services.
You are prohibited from:
- commercially exploiting, decompiling, disassembling, translating, or creative derivates of the Website or Content;
- selling, transmitting, distributing, reproducing, modifying, copying, performing, displaying, or publishing the Website or Content;
- taking any action that interferes with the performance of the Website, including without limitation a denial-of-service attack, or renders the Website unusable;
- harvesting email addresses or using the Website or Content to send unsolicited bulk or commercial email (“spam”), junk mail, or other unwanted, harassing or solicitous communications;
- sending, publishing, displaying, or using any Content or other material made available through the Website or Content in any manner that infringes the proprietary or other rights of Neumann & Associates or any third-party;
- using the Website or Content to advertise to buy or sell any good or service; and
using the Website or Content in violation of any applicable law, regulation, guideline, or policy, including without limitation those relating to privacy or data security.
The license granted to you by Neumann & Associates under this TOU is specific to you and cannot be transferred, sublicensed or assigned without the prior written consent of Neumann & Associates. We reserve the right to pursue any available legal remedies for your unauthorized use of the Website or Content.
Disclaimer Regarding Links:
You represent and warrant that you are own or are authorized to provide any User Content furnished to Neumann & Associates by you, and that you will not upload, post, transmit, distribute or otherwise publish through the Website any materials that: (i) restrict or inhibit any other user from using and enjoying the Website; (ii) are unlawful, threatening, harassing, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, invasive of another’s privacy, hateful, tortious, or indecent, in Neumann & Associates’ sole discretion; (iii) contain a virus, Trojan horse, time bomb, worms, bots, spiders, scrapers, or other malicious software, program, script, algorithm, methodology, or similar process that may damage our system or the system of any user of the Website; (iv) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal, or international law; (v) violate, plagiarize, or infringe the rights of third parties, including without limitation copyright, trademark, patent, trade secret, rights of privacy or publicity, or any other proprietary rights; (vi) contain any advertising or material of a commercial nature; or (vii) contain any misleading statements or information.
Intellectual Property Rights Ownership and Notification:
Unless otherwise noted, all right, title, and interest in the Website and Content are the exclusive property of Neumann & Associates or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. All proprietary rights herein shall at all times remain with Neumann & Associates and its licensors. You acknowledge you only receive a license to use the Website and Content and do not acquire any interest therein. You agree not to claim any right or interest into the Website or Content.
You are prohibited from removing, altering, or obscuring any copyright or other proprietary notice or usage restriction on the Website or Content, or any copies or versions thereof.
The Neumann & Associates name, logo, and other product/service names, brands, slogans and other marks are the trademarks or servicemarks of Neumann & Associates (collectively, the “Trademarks”). You are prohibited from using the Trademarks for any purpose, including without limitation to suggest Neumann & Associates endorses or supports you, your business, or your products/services without the prior express written consent of Neumann & Associates.
Limitation of Liability:
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, RELIANCE, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA OR COST OF SUBSTITUTE DATA, OR OTHER SIMILAR DAMAGES THAT RESULT FROM: (a) THE USE OF, OR INABILITY TO USE, THIS WEBSITE, (b) RELIANCE BY YOU ON ANY INFORMATION OR CONTENT OBTAINED THROUGH USE OF THIS WEBSITE, (c) INTERRUPTIONS IN TELECOMMUNICATION OR INTERNET CONNECTION TO THE WEBSITE, (d) ANY USER CONTENT, AND/OR (e) ACTS OF GOD, TELECOMMUNICATION OR INTERNET FAILURE, OR EVENTS BEYOND OUR REASONABLE CONTROL.
YOU FURTHER AGREE THAT IF FOR ANY REASON ANY OF THE FOREGOING LIMITATIONS OF LIABILITY IS HELD TO BE UNENFORCEABLE, THEN NEUMANN & ASSOCIATES’ MAXIMUM AGGREGATE LIABILITY TO YOU SHALL BE THE TOTAL AMOUNT PAID BY YOU TO NEUMANN & ASSOCIATES IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
You use the Website and the Content at your own risk. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND CONTENT ARE PROVIDED “AS IS” “AS AVAILABLE” WITHOUT LIABILITY OF ANY KIND. NEUMANN & ASSOCIATES DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND NEUMANN & ASSOCIATES MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, AUTHENTICITY, OR RELIABILITY OF ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE WEBSITE. YOU SHOULD NOT TAKE ANY ACTION OR INACTION BASED ON INFORMATION OR CONTENT AVAILABLE ON THE WEBSITE. NEUMANN & ASSOCIATES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE WEBSITE AND THE INFORMATION OR CONTENT AVAILABLE THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF EXPECTATION OF PRIVACY, PERFORMANCE, QUIET ENJOYMENT, TITLE, MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT, DUE TO THE NATURE OF THE INTERNET, TRANSMISSIONS TO AND FROM THE WEBSITE MAY BE INTERCEPTED BY THIRD PARTIES AND AGREE THAT ACCESS TO THE WEBSITE AND CONTENT IS AT YOUR OWN RISK.
Changes to the Website or Content:
Neumann & Associates reserves the right to modify, alter, remove, or update this TOU at any time. We will notify you of any changes to this TOU by posting the new TOU here with the updated effective date at the top of this TOU. It is your responsibility to regularly review this TOU for any modifications. Your access to or use of the Website or Content after any modification to this TOU shall constitute your acceptance and agreement with the new Terms. If you do not agree with the new Terms, you must immediately cease using the Website and Content.
Neumann & Associates may change, update, improve, suspend, disable, or discontinue any aspect of the Website at any time, including without limitation the Content, services description, services offered, hours of availability, and equipment needed for access or use of the Website without notice or obligation to you. Neumann & Associates may also impose limits on certain features and services or restrict your access to all or portions of the Website without notice or liability.
You agree to indemnify, defend, and hold harmless Neumann & Associates, its officers, directors, shareholders, employees, members, consultants, agents, affiliates, and licensors from any and all third party claims, liabilities, damages, expenses, and/or costs (including reasonable attorney’s fees) arising from: (a) your use of or reliance on the Website or Content, or any derivatives thereof; (b) your breach of these Terms; or (c) your violation or non-compliance with any applicable law or regulation. Neumann & Associates reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the prior written consent of Neumann & Associates.
Neumann & Associates is committed to making the Website and Content equally accessible to all of our users. We regularly assess the Website to achieve compliance with generally recognized and accepted standards for accessibility. Should you experience difficulty in accessing any portion of the Website, please contact us at [email protected] and include the URL or general location and describe the specific problem you have encountered.
We operate and control our Website from our offices in the United States of America. Content and materials available on this Website may not be appropriate for use in other locations and may not apply in your country. Persons who access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Severability; Entire Agreement:
Neumann & Associates may at any time, with or without cause, suspend, disable, or terminate your access to the Website, in whole or in part, without notice or liability to you.
Any failure by Neumann & Associates to assert any rights it may have under this TOU does not constitute a waiver of such right.
Reservation of Rights:
All rights not expressly granted in this TOU are reserved by Neumann & Associates.
Neumann & Associates, Inc.
591 Camino de la Reina
San Diego, CA 92108
Email: [email protected]