Terms of Service
Effective: July 10, 2020
THIS TERMS OF SERVICE AGREEMENT (“TOS”) is the contract between you (“you” or “user”) and Michael Sullivan & Associates LLP ("MS&A," "“We,” “Our,” “Us”) that defines the terms and conditions of your use of any products and services available at or through the website, sullivanattorneys.com, (“Website”) and its affiliated websites, informational products, and data services.
SECTION 18 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 18 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 18 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.
- WEBSITE ACCESS.
By accessing the information, services, data, or any other elements published and conveyed by us through its various media channels, including this Website (collectively, “Services”), you indicate your acknowledgment and acceptance of these TOS. Access and/or use of any of the Services are subject to all applicable federal, state, and local laws and regulations. In addition, when using any of the Services, you shall be subject to additional posted guidelines or rules applicable to such service, which are hereby incorporated into the current TOS and shall be automatically incorporated into any modified or amended TOS. We may also offer other services from time to time that are governed by additional or different terms of service, all of which are hereby incorporated into these TOS as though originally a part hereof.
- WEBSITE SERVICES.
We currently provide users with access to a rich collection of online resources, including, but not limited to, written and audio-visual content, news, education, communications tools, shopping services, and branded programming through its network of properties. Any subsequent augmentation, enhancement, or change to the Services, including the release of new MS&A Property branded properties, shall be subject to the TOS. By accessing any of the Services, you hereby acknowledge, understand, and agree that such are provided “as is” and that we assume no responsibility for the timeliness, deletion, improper delivery, or failure with regards to any service provided.
To access the Services, you will need to have access to the Internet. We do not provide the services or equipment necessary for user access. Any and all use of data or information from the Services shall be used only in conformance with applicable state or federal statutes or regulations; you remain solely and personally responsible for the safe and authorized use of such data or information, and agree to hold harmless and indemnify us against any liability from any unauthorized or illegal use by you or as a result of your use of the Services. You acknowledge and understand that MS&A Property is copyright protected in U.S. and foreign territories; any unauthorized uses will be subject to legal action by us or by Owner to the fullest extent allowable under applicable laws.
- PURPOSE OF SERVICES.
You acknowledge and agree that: (i) MS&A Property consists of content which is for informational purposes only; (ii) the Website and MS&A Property do not provide or constitute legal advice; and (iii) your purchase or renewal of premium Services shall not constitute an engagement for legal services.
You agree to indemnify and hold us, our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Services, your connection to Services, your violation of the TOS or third party claims resulting from your use of the Website and/or the Services in violation of the TOS.
- NO RESALE OF SERVICE.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any product or services offered on the Website or otherwise, including but not limited to any portion of the use or access to Services in violation of the TOS.
- MODIFICATIONS TO SERVICE.
We reserve the right at any time and from time to time to modify or discontinue the Services or any part thereof with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of Services.
You hereby acknowledge and agree that any correspondence or business dealings pertaining to, or your participation in, advertiser promotions found on or through our Services (including payment and delivery or related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings) are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred by you or any third party as the result of any such dealings with, or as the result of the presence of, such advertisers on our Service. We does not endorse any advertiser on our system.
The Services (or authorized third parties) may provide links to other Internet websites or resources. We are not responsible for the availability of such external sites or resources, does not endorse them, and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You acknowledge and agree that we shall not be liable to you or any third party, either directly or indirectly, for any damage or loss caused or alleged to be caused, whether intended or unintended, by or in connection with the use of or in reliance on any such links, sites, resources, goods, or services available on or through any such link, site, or resource. You should review applicable terms and policies of any external sites or resources, including their privacy and data gathering practices, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
- PROPRIETARY RIGHTS AND LICENSES.
You acknowledge and agree that the Services, Website and any necessary software used in connection therewith (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the content of the Website and MS&A Property is our property, Owner's property and/or the property of either ours or Owner's subsidiaries or affiliates. You may not distribute, print, email, re-publish, give, sell, reproduce, or otherwise cause to be disbursed in any manner whatsoever (whether for free or for profit) in whole or in part, the Services, the Website or MS&A Property content or any other proprietary content of Owner or ourselves without the express, written permission of Owner and ourselves.
- DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, OR ACCURACY.
WE MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE(S) IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATES IN THE TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA OR OTHER INTANGIBLE LOSSES WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES), RESULTTING FROM: (I) THE USE OR THE INAABILITY TO USE THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED ON TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT A USER'S DATA, INFORMATION, OR COMPUTER EQUIPMENT; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
THIS SITE MAY CONTAIN LINKS TO OTHER SITES ON THE INTERNET THAT ARE OWNED AND OPERATED BY THIRD PARTY VENDORS AND OTHER THIRD PARTEIS (“EXTERNAL SITES”). YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF, OR THE CONTENT LOCATED ON OR THROUGH ANY EXTERNAL SITE. YOU SHOULD CONTACT THE WEBMASTER OR SITE ADMINISTRATOR FOR SUCH EXTERNAL SITE IF YOU HAVE CONCERNS REGARDING SUCH LINKS OR THE CONTENT LOCATED ON SUCH EXTERNAL SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE FOREGOING ARE APPLICABLE ONLY TO THE FULLEST EXTENT OF THE LAW IN THE APPLICABLE JURISDICTIONS.
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 18 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”
Scope of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services or as a consumer of our services, to any advertising or marketing communications regarding us or our Services, to any products or services sold or distributed through the Services that you received as a consumer, or to any aspect of your relationship or transactions with us as a consumer of our services will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement.
IF YOU AGREE TO ARBITRATION WITH US, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST US IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to:
Michael Sullivan & Associates LLP,
P.O. Box 85059,
San Diego, CA 92186-5059
The arbitration will be conducted by JAMS under its rules and pursuant to the terms of this Agreement. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available at https://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at https://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at https://www.jamsadr.com/ (under the Rules/Clauses tab) or by calling JAMS at 800-352-5267. Payment of all filing, administration, and arbitration fees will be governed by JAMS's rules. If the arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees from JAMS, we will pay them for you. In addition, we will reimburse all such JAMS's filing, administrative, hearing and/or other fees for claims with an amount in controversy totaling less than $10,000. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person in the country where you live or at another mutually agreed location.
Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator's decision is final and binding on you and on us.
Waiver of Jury Trial. YOU AND WE AGREE TO WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and we are instead electing to have claims and disputes resolved by arbitration, except as specified in Section 18(a) above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
Waiver of Class or Consolidated Actions. YOU AND WE AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor we are entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 21.
Opt Out. You may opt out of this Arbitration Agreement. If you do so, neither you nor we can force the other to arbitrate as a result of this Agreement. To opt out, you must notify us in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your email address (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to:
Michael Sullivan & Associates LLP,
P.O. Box 85059,
San Diego, CA 92186-5059
If you opt out of this Arbitration Agreement, all other parts of this TOS will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us.
Survival. This Arbitration Agreement will survive any termination of your relationship with us.
Modification. Notwithstanding any provision in the TOS to the contrary, we agree that if we make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to us.
Notices to you may be made either email or regular mail. The Services may also provide notices of changes to the TOS or other matters by displaying notices on the Website home page.
The trademarks, logos, and service marks (“Marks”) displayed on the Website are our property and other parties, where applicable. Users are prohibited from using any Marks for any purpose without our written permission or any such applicable third party. All site design, text, graphics, interfaces, and the selection and arrangements are our sole property, unless noted otherwise. Owner is the sole and exclusive and copyright proprietor of the MS&A Property and any reproduction thereof are subject to the express written consent of Owner and ourselves.
This TOS will be governed and construed in accordance with the laws of the State of California as applied to agreements entered into and to be performed entirely with California by California residents. To the extent the parties are permitted under this Agreement to initiate litigation in a court, you agree to submit to the exclusive and personal jurisdiction of the courts located within the county of Los Angeles, California.
Our failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect. 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 Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Service Group. We and Owner reserve the right to seek all remedies available at law and in equity for violations of the TOS including the right to block access from a particular Internet address to this Website.
The TOS constitutes the entire agreement between the parties and governs your use of the Services, superseding prior agreements, if any, between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
WE RESERVE THE RIGHT, AT ANY TIME, TO MODIFY, ALTER, OR UPDATE THESE TOS WITHOUT NOTICE TO YOU; POSTING OF ANY CHANGES ON THE WEBSITE CONSTITUTES NOTICE OF THEIR EFFECTIVENESS. YOU AGREE TO BE BOUND BY SUCH MODIFICATIONS, ALTERATIONS, OR UPDATES BY ACCESSING THE SERVICES.