Terms and Conditions of Use

The Terms and Conditions of Use set forth herein apply to the entire group of Web sites owned, operated, licensed, or controlled by California Legal Research, Inc.™ (“CALRI”), including, but not limited to, CALRI.com™.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE OR ANY OTHER CALRI WEB SITE. By using this Web site or any other Web site owned, operated, licensed, or controlled by CALRI (collectively, “CALRI.com Web site”), you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site or any other CALRI Web site following the posting of changes to these terms will mean you accept those changes.

OUR SERVICES. CALRI and CALRI.com (“we”) provide support services for attorneys only; we do not provide services for non-attorneys. If you are not an attorney and are seeking legal assistance or advice, we recommend that you contact an attorney licensed to practice in your jurisdiction.

Any attorney using our services is expressly advised that our work product does not constitute legal advice and is prepared solely for review by the requesting attorney. Attorneys using the services of CALRI or CALRI.com (“our services”) are ultimately responsible to their clients for the use or non-use of any work product prepared or provided by CALRI and CALRI.com (“us”).

Use of this Web site does not create or constitute an offer or the acceptance of an offer, nor does use of this Web site create a contract for services of any kind. In order to contract for our services, an attorney may contact us either by:

toll-free phone call to 1-877-342-8529

email sent to stephen@calri.com, or

through an Internet communication provided for on this site—

by using the “Contact Us Now” button above or by clicking here).

We make no warranties regarding our services, and any liability found is limited to the cost of the services provided to the attorney for the project at issue. We disclaim any and all liability for consequential, punitive or special damages.

Any attorney contracting with us agrees to retain all of the duties and responsibilities associated with the attorney-client relationships in which he or she is engaged. Any attorney contracting with us agrees to indemnify us and hold us harmless as to any and all claims brought or filed by or on behalf of his or her clients and his or her clients’ heirs, assigns, employees, and agents, including but not limited to any claims that may or do arise or may or do relate to any or all services provided by us.

RESTRICTIONS ON USE OF MATERIALS. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Web site or any other CALRI.com Web site are copyrights, trademarks, service marks, trade dress, or other intellectual property (or combination thereof) owned, controlled or licensed by California Legal Research, Inc. or CALRI.com, or both, or are in the public domain. No material from this Web site or any other CALRI.com Web site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way; provided, however, you may download, where specifically permitted, one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

Modification of the materials or use of the materials for any other purpose is a violation of California Legal Research, Inc.’s copyright, trademark, service mark, trade dress and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to California Legal Research, Inc.

PRIVACY. It is our policy to respect the privacy of all CALRI.com users. Therefore, in accordance with the terms of our privacy statement we will not disclose to any third party for any reason either the contents of or any facts relating to the contents of a user’s email or any other communication a user sends to us; provided, however, such disclosure will be made when required to do so by law or by properly issued court order or when good-faith belief exists that such action is legally necessary to: (1) comply with the law or comply with legal process served on California Legal Research, Inc.; (2) protect and defend the legitimate business interests, rights or property of California Legal Research, Inc., its users, customers, or affiliates; or (3) act in an emergency to protect the personal safety of CALRI.com users or the public. CALRI.com users shall remain solely responsible for the content of their messages.

JURISDICTION. Unless otherwise specified, and except for clearly international offerings, the materials in this Web site and any other CALRI.com Web site are presented solely for the purpose of promoting services available in the United States, its territories, possessions, and protectorates. The CALRI.com Web sites are controlled and operated by California Legal Research, Inc. from its offices within the State of Utah, and such other states and territories within which CALRI andCALRI.com may acquire a presence, from time to time, in the United States of America. Neither CALRI nor CALRI.com makes any representation that materials in any CALRI.com Web site are appropriate or available for use in other locations. Those who choose to access any CALRI.com Web site from other locations do so on their own initiative and are responsible for ascertaining the usefulness and correctness of any information or materials within any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable.

By accessing this Web site you agree that the laws of the State of Utah, without regard to the conflict of laws principles thereof or of any other jurisdiction, will apply to all matters relating to use of the CALRI.com Web sites. In the event of a dispute, you agree to submit to the exclusive personal jurisdiction and venue of the courts of Utah County and the United States District Court for the District of Utah with respect to such dispute.

TERMINATION. These terms are effective until terminated either by us or by you. You may terminate these terms at any time by destroying all materials obtained from any and all CALRI.com Web sites and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. These terms will terminate immediately without notice from CALRI or CALRI.com if in CALRI’s sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must destroy all materials obtained from this site and any and all other CALRI.com Web sites and all copies thereof, whether made under these terms or otherwise.

DISCLAIMER. THE MATERIALS IN THE CALRI.COM WEB SITES AND THE RESEARCH AND WRITING PRODUCT PRODUCED BY CALRI ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CALRI AND CALRI.COM DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CALRI AND CALRI.COM DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS IN THE CALRI.COM WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY OTHER CALRI.COM WEB SITE OR THE SERVER OR SERVERS THAT MAKE THE CALRI.COM WEB SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CALRI AND CALRI.COM DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THIS OR ANY OTHER WEB SITE, THE USE OF RESEARCH AND WRITING PRODUCT PRODUCED BY CALRI RESEARCHERS AND WRITERS, OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE OR ANY OTHER CALRI.COM WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (NOT CALRI AND NOT CALRI.COM) ASSUME THE ENTIRE COST OF AND LIABILITY FOR ALL USE OF SUCH RESEARCH AND WRITING PRODUCT AND FOR ALL NECESSARY SERVICING, REPAIR, OR CORRECTION NECESSITATED BY USE OF THIS WEB SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CALRI OR CALRI.COM BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, (1) THE MATERIALS IN THIS WEB SITE OR ANY CALRI.COM WEB SITE, (2) THE RESEARCH AND WRITING PRODUCT PRODUCED FOR YOU BY CALRI, EVEN IF CALRI OR CALRI.COM OR AN AUTHORIZED REPRESENTATIVE OR CALRI OR CALRI.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CALRI’S OR CALRI.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR RESEARCH OR WRITING SERVICES PERFORMED FOR YOU OR FOR ACCESSING THIS SITE OR ANY OTHER CALRI.COM WEB SITE.

NOT LEGAL ADVICE. Please be advised that neither CALRI nor CALRI.com nor any of its staff, employees, agents and/or affiliates is engaged in the practice of law by providing this Internet Web site or by providing the services described herein or described in its related advertising. The information contained at this Web site and any other CALRI.com Web site has been prepared by CALRI as a service to its readers and the Internet community for general informational and promotional purposes only and the recipients of information, research product, or written materials obtained through the services of CALRI or CALRI.com are prepared only for attorneys for whom CALRI or CALRI.com agrees to provide such information, product or materials, and none of the information, product or materials constitutes legal advice or legal opinion, none is intended to constitute legal advice or legal opinion, and none should be used as a substitute for legal counseling in specific situations. This Web site is not an offer to represent you or your client. CALRI uses reasonable efforts in researching, collecting, preparing and providing quality information and material on this Web site and in providing its research and writing services; but CALRI does not warrant or guarantee the accuracy, completeness, adequacy, appropriateness, applicability or currency of the information contained in this Web site, in Web sites linking this Web site, made available through links found either on this Web site or on any other CALRI.com Web site, or made available in the form of information, research product, or written product made available to attorneys either as users of this Web site or by contract with CALRI by communications entered into independent of the use of this Web site, or otherwise. Users of information contained on this Web site or on Web sites of any third-party whose Web site is made available through one or more links contained on this Web site or any other CALRI.com Web site do so at their own risk.

NO ATTORNEY-CLIENT RELATIONSHIP. Neither the transmission alone nor the receipt alone (nor the mere transmission and receipt) of information to or from CALRI or CALRI.com constitutes either an attorney-client relationship or a contract between the sender and receiver.

ATTORNEY RESPONSIBILITY. Each legal problem depends on individual facts and different jurisdictions have different laws and regulations. Because of these differences, readers of information available on the CALRI.com Web sites (or made available by third parties on Web sites made available through links on the CALRI.com Web sites) and recipients of research product or writing product produced by CALRI should not act or refrain from acting because of the contents of any research or writing product supplied by CALRI or because of information contained on a CALRI.com Web site or on any third party’s Web site. Recipients of information, research product, or written materials obtained through the services of CALRI or CALRI.com should not act upon or refrain from acting without making a professional determination of the relevance, accuracy, completeness, adequacy, appropriateness, applicability, and currency of the information, product, and materials.

EMAIL. You may send us email (stephen@calri.com). However, if you communicate with us by email, you should not send us confidential or sensitive information via email. Unencrypted email is not appropriate for confidential or sensitive communications because your email text may not be treated as privileged or confidential by others who may improperly acquire access to the email between your computer and ours. If you communicate with us by unencrypted email, you should note that the security of Internet email is uncertain. By sending sensitive or confidential email messages which are not encrypted you accept the risks of such uncertainty and possible lack of confidentiality over the Internet. Therefore, while the transmission to CALRI or CALRI.com of general inquiries and research requests is provided for (see the Contact Us Now button at the upper left), the transmission of confidential or privileged information via Internet email is highly discouraged.

PRIVILEGES. The information provided at this Web site, and the information, research product, or written materials obtained through the services of CALRI or CALRI.com remains privileged as the subject of the attorney-client privilege between you and your client even though no attorney-client relationship exists between you and us. And while use of this Web site or of CALRI services does not create an attorney-client relationship between CALRI and you or between CALRI and your client or clients, your client’s privileges remain protected. Pursuant to our privacy policy, your communications to us are confidential and constitute your legal research information, protected as such pursuant to both (1) the attorney work-product doctrine made applicable to your researched matter and (2) the attorney-client privilege enjoyed by your client in connection with your attorney-client relationship with your client.

ADVERTISEMENT. Communications on CALRI.com Web sites may constitute an advertisement for legal research and writing services under applicable rules and regulations of applicable jurisdictions. These sites are not intended to constitute advertising of any other kind and CALRI and CALRI.com do not through these sites seek to communicate with anyone in a state or other jurisdiction where such Web sites may fail to comply with all laws and ethical rules of that state or jurisdiction.

NON-ENDORSEMENT. Any reference made by this Web site or any other CALRI.com Web sites to any specific commercial product, process, or service (or to the provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by CALRI or CALRI.com. Content on this and any other CALRI.com Web site may be provided by third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of CALRI or CALRI.com.

LINKS TO OTHER WEB SITES AND SERVICES. To the extent that this Web site or any other CALRI.com Web site contains links to outside services and resources, please be advised that CALRI and CALRI.com do not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource should be directed to the particular service or resource. The information available at, or made available through, this Web site or any other CALRI.com Web site, by links contained on this or any other CALRI.COM Web site, is subject to change without notice. Although we try to keep this Web site current and accurate, we are under no obligation to do so.

ETHICAL REQUIREMENTS. CALRI and CALRI.com have endeavored to comply with all legal and ethical requirements in developing this and other Web sites and do not desire to serve users of these Web sites based upon their review of any portions of these Web sites which do not comply with the legal or ethical requirements of the jurisdiction in which the user is located. To the extent the Bar Rules in your jurisdiction require us to designate a principal office and/or a single attorney responsible for this site, CALRI designates its office at 167 North, 1150 East, Lindon, Utah, 84042-2527, in the United States of America, as its principal office and designates Stephen Kent Ehat, Esq., California State Bar No. 133509, as the attorney responsible for this site.

OTHER. We cannot ensure that your access to this site will be uninterrupted. These terms shall be governed by and construed in accordance with the laws of the State of Utah. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Utah County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as provided herein or in writing, signed by both parties.

LAST UPDATED: 3 November 2008.

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