Terms and Conditions

Welcome to the Freitas, McCarthy, MacMahon & Keating, LLP World Wide Web site, (“FMMK”). The FMMK web site is provided subject to your compliance with the terms and conditions set forth below. Please read these terms and conditions in their entirety because they contain important and useful information. By using the FMMK web site, you agree to abide by these terms and conditions. These terms and conditions may change at any time in the future. We will endeavor to post general notices of such changes, but no individual notice of changes will be provided. Check back periodically and review the terms and conditions to ensure that you still agree to abide by them. You will be bound by any subsequent change in the terms and conditions, even if you do not become aware of such changes. If you do not agree to these terms, you should not review information or otherwise use the FMMK web site.

Please read the following information carefully:

Disclaimer

FMMK, its members, employees, and/or agents, will try to ensure that the information provided on its official FMMK site (the "Information") is accurate and useful. However, in view of the possibility of human error or changes in the law, neither the authors nor FMMK nor any other party who has been involved in the preparation or publication of the Information warrants that the Information is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such Information. You are encouraged to confirm the Information with legal counsel of your choice.

The Information is for educational purposes only. It is presented in summary form in order to impart general information relating to certain matters, cases, and issues. The Information should not be used for evaluating, assessing or addressing a legal problem, claim or question nor is it a substitute for professional care. Should you have any legal questions or suspect you have a potential problem, you should consult an attorney.

The FMMK web site does not recommend or endorse any specific products, methods, opinions, or other information that may be mentioned on the FMMK web site. Reliance on any information provided by FMMK or others appearing on the FMMK web site is solely at your own risk.

Trademark, Copyright and Restrictions on Use

The FMMK web site is owned by FMMK and contains material that is derived in whole or in part from material supplied by FMMK, FMMK's consultants and other content providers. FMMK's web site and the organization, graphics, designs, compilation and other matters related to the FMMK web site are the property of FMMK and are protected by trademark, copyright and other intellectual property laws. You may download and print material from the FMMK web site for your personal, non-commercial use only, or for purposes relating to conducting business with FMMK, provided you keep intact all trademark, copyright and other proprietary notices. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the FMMK web site, including code and software without the express consent of FMMK as provided in these terms and conditions or other areas of the FMMK web site.

Disclaimer of Warranties

The information provided through the FMMK web site is for educational purposes only. FMMK's web site does not offer legal advice and nothing contained on any FMMK web site is intended to constitute professional advice, evaluation or recommendation. ADVICE RECEIVED VIA THIS WEB SITE SHOULD NOT BE RELIED UPON FOR LEGAL OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT WITH AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

This FMMK web site may contain links and pointers to internet sites maintained by third parties. FMMK does not operate or control in any respect any information, products or services on

ANY third-party sites. FMMK is not responsible for the content, accuracy or opinions expressed in any third-party sites, and such sites are not investigated, monitored or checked for accuracy or completeness by FMMK. If you decide to leave this site and access third-party sites, you do so at your own risk. The materials in this FMMK web site and the third-party sites are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, FMMK disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. FMMK does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site, or the server that makes it available, are free of viruses or other harmful components. All responsibility or liability for any damages caused by viruses or other harmful components is disclaimed. FMMK does not warrant or make any representations regarding the use or the results of the use of the materials in this web site or in third-party sites in terms of their correctness, accuracy, completeness, timeliness, reliability or otherwise. YOU (AND NOT FMMK) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION RESULTING FROM YOUR USE OF THIS, OR ANY OTHER, WEB SITE.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence on the part of FMMK, shall FMMK be liable for any indirect, incidental, special or consequential damages whatsoever (including, without limitation, damages for loss of business interruption, loss of data, or any other pecuniary loss) whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise that results from the performance of the web site, the delay or inability to use this web site, the provision of or failure to provide services, or for any information, services or related graphics contained on or made available through this web site or the provision of or failure to provide any service on or related to this or any other web site, even if FMMK has been advised of the possibility of such damages. You specifically acknowledge and agree that FMMK is not liable for any defamatory, offensive or illegal conduct of any user of any FMMK web site. If you are dissatisfied with any FMMK material, or with any of FMMK's terms and conditions, your sole and exclusive remedy is to discontinue using this site.

Indemnification

You agree to indemnify, defend and hold FMMK harmless from and against all losses, expenses, damages, claims and costs, including reasonable attorneys' fees, resulting from any violation of the terms and conditions set forth herein or any activity related to your violation of this agreement or use of this FMMK web site (including negligent or wrongful conduct) by you or any other person accessing the FMMK web site.

Information and Press Releases

The FMMK web site contains information about FMMK. While this information was believed to be accurate at the time it was prepared, we disclaim any duty or obligation to update this information. Information about companies or entities other than FMMK should not be relied upon as being provided or endorsed by FMMK.

Privacy Policy

Our privacy policy, as it may change from time to time, is a part of this Agreement and FMMK reserves the right, and you authorize FMMK to the use and assignment of all information provided by you in any matter consistent with our privacy policy and applicable law.

Applicable and Governing Laws

This agreement shall be governed by and construed in accordance with the laws of the state of California, without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity or enforceability of any remaining provisions. FMMK's failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this agreement. Any dispute concerning or arising out of this web site or your use of this web site must be brought in the state or federal courts in Marin County, California.

Termination

This agreement shall commence upon your accessing the web site. This agreement may be terminated by FMMK without notice at any time for any reason and may be terminated by you upon notice to FMMK at any time for any reason, provided that you do not thereafter access or use FMMK's web site. The provisions of Trademark, Copyright and Restrictions of Use, Indemnification, and Applicable and Governing Laws shall survive any termination of this agreement.

Statute of Limitations

Any cause of action or claim you may have with respect to FMMK's web site must be commenced within one (1) year after the claim or cause of action arises or be forever waived and barred. FMMK shall be entitled to recover its costs and expenses including reasonable attorneys' fees from you in the event it is required to take legal action against you to enforce or in connection with these terms and conditions.