Effective Date: July 31, 2020
These Notices and Terms create a legal agreement between you (“You”) and Moulton | Moore | Stella LLP (“MMS”) that governs: (1) the information of MMS (the “Information”) made available through this website; (2) the nature of the relationship between You and MMS; (3) certain other matters of professional responsibility; (4) MMS’s use of Your information gathered by it through this website; and (5) Your use of this website, related systems, and the Information (collectively, the “MMS Site”). By accessing any portion of the MMS Site, You are indicating that You have read and understood, and that You assent to be bound by, these Notices and Terms, which may be amended from time to time by MMS pursuant to the terms herein. If You do not agree to these Notices and Terms, You are not permitted to access the MMS Site.
1. No legal advice
The Information is made available for general informational purposes only, and is not intended to constitute specific legal advice or to be a substitute for advice from qualified counsel. Without limiting the foregoing, the Information may not reflect recent developments in the law, may not be complete, and may not be accurate in or applicable to Your jurisdiction. Because the Information is general in nature and may not pertain to Your specific circumstances, You should not act or refrain from acting based on any Information without first obtaining advice from professional counsel qualified in the applicable subject matter and jurisdictions.
2. No attorney-client relationship
MMS has a policy of entering into attorney-client relationships with its clients only in accordance with certain procedures which include executing an engagement letter and addressing professional responsibility conflicts as required by the Bar Associations of the states in which attorneys from MMS are admitted. You agree that Your access of the MMS Site or receipt of the Information, or Your transmission of electronic mail to addresses on the MMS Site, does not create an attorney-client relationship between You and MMS.
3. Other matters of professional responsibility
3.1 No Advertising or Solicitation.The MMS Site is not intended to be an advertisement or solicitation, but may be deemed an advertisement in certain jurisdictions
3.2 Sensitive Communications. You agree that electronic mail sent by You to MMS will not be treated as confidential or invoke an attorney-client privilege; that if You are an existing client of MMS and You send an electronic mail to MMS pertaining to a matter in which MMS then represents You, such electronic mail may be entitled to be treated as confidential or privileged. Notwithstanding the foregoing, You acknowledge that electronic mail and the Internet are generally insecure media of communication, and MMS cannot guarantee the confidentiality of any electronic mail sent to or received by it or any information submitted by You to MMS through the MMS Site.
3.3 Authorized Jurisdictions; Certifications. While MMS practices law in the jurisdictions in which its offices are located as well as certain other jurisdictions, each MMS attorney is licensed to practice only in those jurisdictions set forth in that attorney’s biography on the MMS Site. Except as specifically stated, each MMS attorney is not certified (including as a specialist) by any professional or government authority. The listing of MMS attorneys in practice areas is not intended to indicate any professional or governmental certification.
3.4 Principal Office; Responsible Attorney. To the extent the requirements of the Bar Association in Your jurisdiction require such designation: MMS’s principal office is its Santa Monica, California office. MMS’s responsible attorney for the MMS Site is Mike Moulton for its offices in California, Tim Moore for its offices in Colorado, and Adam Stella for its offices in Washington, D.C.
3.5 No Warranty of Results. The Information may contain descriptions of matters in which MMS successfully represented its clients. The results of these matters were dependent on their specific circumstances, and are in no way intended to be predictive of future results, even in similar circumstances, or offer any type of guarantee or assurance of outcome. Information pertaining to MMS clients may not reflect the opinions such clients.
4.1 Activity Logging. When You use the MMS Site, which may be hosted in part or its entirety by a third party, the MMS Site will collect information indirectly and automatically (through, for example, the use of “cookies” or Your “IP address”) about Your activities. MMS uses this activity information (the “Activity Information”) for internal purposes such as to administer the MMS Site, improve the MMS Site, and help MMS understand how the MMS Site is being used including the demographics and “clickstreams” of its visitors. “Cookies” are small pieces of information stored on Your hard drive, not on the MMS Site. You are always free to decline cookies if Your browser permits, but in that case, some portions of the MMS Site may not operate properly. An “IP address” is a number that is automatically assigned to Your computer when You use the Internet.
4.2 Personally Identifiable Information. The MMS Site is designed so that You may generally browse it without providing any Personally Identifiable Information (defined below). Certain areas of the MMS Site, however, may require or allow the voluntarily submission of Personally Identifiable Information (for example, accessing a password-protected portion of the MMS Site). MMS uses Your Personally Identifiable Information for the purposes for which it was submitted by You to MMS and for MMS to send you information that may be of interest to you. Except as otherwise set forth in this Section 4, MMS does not share Your Personally Identifiable Information with third parties. “Personally Identifiable Information” means information that would allow someone to identify or contact You, such as Your name, physical or electronic mail address, and telephone number; provided that Personally Identifiable Information does not include aggregated information that, by itself, does not permit the identification of individual persons and does not include the Activity Information.
4.3 Removal of Personally Identifiable Information. MMS will use reasonable efforts to remove Your Personally Identifiable Information from our then current MMS Site at any time upon Your written request to firstname.lastname@example.org. Such removal of Personally Identifiable Information will not ensure the permanent removal of such Personally Identifiable Information from the MMS Site. For example, such Personally Identifiable Information may remain in MMS’s archival or backup copies of the MMS Site.
4.4 Additional Disclosure of Personally Identifiable Information. MMS may share Personally Identifiable Information with third parties, including affiliated firms and third parties performing services for or on behalf of MMS. Such services may include communications, database, event management, hosting, mailing, and marketing services. Additionally, MMS cannot fully ensure that Your Personally Identifiable Information will not be disclosed to third parties. For example, MMS may be legally obligated to disclose information to the government or third parties under certain circumstances, third parties may circumvent MMS’s security measures to unlawfully intercept or access transmissions or private communications, or an error may occur in the administration of the MMS Site. In the unlikely event that MMS needs to investigate or resolve possible problems or inquiries, MMS may, and You authorize MMS to, disclose any information about You to government officials as permitted by applicable law.
5.1 Prohibited Uses. You will not use the MMS Site in violation of any applicable law. Without limiting the foregoing, You will not use the MMS Site in connection with (a) the infringement of intellectual property rights including MMS’s rights in its marks and its articles and alerts; (b) the unauthorized transmission of unsolicited commercial electronic mail; (c) the transmission of defamatory materials; or (d) fraud. You will not violate, attempt to violate, or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of the MMS Site.
5.2 Copyright in Information. The MMS Site including the Information is protected by United States and international copyright laws. All rights are reserved. Subject to the terms of these Notices and Terms, MMS grants to You a limited, nonexclusive, personal license to access, view, download and print the Information solely for noncommercial and informational purposes. You may not modify the Information in any way and You may not remove or obscure any copyright or permission notices provided on or in connection with the Information. MMS does not grant to You any rights in its marks. You are free to hyperlink to any page in the publicly available pages of the MMS Site; provided, however, that You agree to remove any such hyperlink upon MMS’s written request.
5.3 Electronic Mail. Subject to Section 5.1, You may send electronic mail to those addresses made available on the MMS Site for the purposes of requesting notifications, requesting information regarding MMS or legal or other services offered by MMS, and inquiring MMS’s representative transactions. You agree to cease sending electronic mail to any MMS address upon MMS’s request.
5.4 No Warranties. The MMS Site is provided to you “as is.” Your access and use of the MMS Site is at your own risk. To the extent permitted by the law and rules of professional responsibility in the applicable jurisdiction, MMS disclaims all conditions, representations and warranties, express, implied, statutory or otherwise, including any warranties of merchantability, fitness for a particular purpose, title, accuracy of informational content, system integration, non-infringement of third party rights, quiet enjoyment, and uninterrupted or error free operation.
5.5 Disclaimer of Liability. To the extent permitted by the law and rules of professional responsibility in the applicable jurisdiction, MMS disclaims liability for any lost profits or income, lost business, or lost data, or for any consequential, indirect, exemplary, punitive, special, or incidental damages arising from or relating to the MMS Site.
5.6 Third Party Information. MMS may hyperlink to or otherwise make third party information available on the MMS Site. This is done solely for the purposes of convenience. MMS does not endorse or approve of any such third party information or such third parties.
5.7 Miscellaneous. You agree that any dispute arising out of or in connection with the MMS Site or these Notices and Terms will be governed by the laws of the State of California without reference to conflict of laws principles that would require the application of the laws of any other jurisdiction, and You submit to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles, California. In the event that You gain access to information not intended to be accessed by You, You agree that You will immediately notify MMS and lawfully destroy all copies of such information in Your possession. MMS may be contacted at email@example.com.