2. Advertisement Notice: The Website is not intended to be an advertisement or solicitation but may be deemed an ADVERTISEMENT in certain jurisdictions. In California, this Website is deemed a California Electronic Media Advertisement or other advertisement regulated by the California Rules of Professional Conduct and California Business and Professions Code; and in Florida this Website is regulated by The Florida Bar’s rules on Lawyer Advertising and Solicitation. This Website is not intended to be an advertisement outside of the states of California and Florida. The Firm’s practice is limited to California and Florida legal matters. We will not undertake nor do We seek the representation of any person who resides in a state where this Website fails to comply with state law or ethical rules for advertising, marketing or solicitation or otherwise. MJMPA has endeavored to comply with all known legal and ethical requirements in compiling the Website. MJMPA does not desire to represent clients based upon their review of any portions of the Website that do not comply with all applicable legal or ethical requirements.
3. Jurisdiction: Please consult the attorney biographies on the Website to determine the particular jurisdictions in which individual MJMPA attorneys are licensed to practice. If the State Bar Rules in Your jurisdiction require the Firm to designate a principal office and/or a single attorney responsible for the Website, MJMPA designates its office located at 5450 Telegraph Road, Suite 100, Ventura, California 93003 as its principal office and designates Michael J. Maloney, Esq. as the lawyer responsible for the Website. Each MJMPA attorney is licensed to practice only in those jurisdictions set forth in that attorney’s biography on the Website. Except as specifically stated, each MJMPA attorney is not certified (including certification as a specialist) by any professional or government authority. And, the listing of MJMPA attorneys in practice groups is not intended to indicate any professional or governmental certification.
4. Response to Online Requests. From time to time, MJMPA may offer to provide information or materials via electronic mail or otherwise to interested persons. MJMPA reserves the right, in its absolute discretion, to reject any requests for such information or materials, or to discontinue providing such information or materials, to any person, for any reason whatsoever.
5. Website Images or Photography. Any images or photography on this Website, other than the images or photographs of individuals specifically identified as lawyers, attorneys, employees or members of the Firm, are models and are not lawyers, attorneys or clients, but may be representative of lawyers, attorneys or clients.
6. Referral of Your Legal Matter to Another Lawyer or Law Firm. In certain cases, We may refer your legal matter to another lawyer or law firm. In such cases, We will confer with you, in advance, to discuss the terms of the referral, and obtain your prior consent.
1. No Legal Advice: The Information contained in the Website 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 legal counsel. The Information may not apply to Your specific situation or jurisdiction or may be incomplete. Although the Firm may update certain Information on the Website, some of the Information may be outdated. You should not act or refrain from acting or rely on any Information in or on the Website and should seek the advice from a duly licensed lawyer before taking any action or refraining from any action.
2. No Tax Advice (Required Tax Disclosure – Circular 230): Any tax information contained in or on the Website is not intended to constitute a complete analysis of all tax considerations. Internal Revenue Service regulations generally provide that, for the purpose of avoiding United States federal tax penalties, a taxpayer may rely only on formal written opinions meeting specific regulatory requirements. The information presented on the Website does not meet those requirements. Accordingly, such information is not intended or written to be used, and a taxpayer cannot use it, for the purpose of avoiding United States federal or other tax penalties or for the purpose of promoting, marketing or recommending to another party any tax-related matters.No
3. No Attorney-Client Relationship: You agree that Your access of the Website or receipt of Information or Your transmission of electronic mail to addresses on the Website does not create an attorney-client relationship between You and MJMPA. If You are not a current client of MJMPA as evidenced by a mutually executed written engagement agreement, and You communicate with us through the Website, Your communication may not be treated as privileged or confidential. MJMPA has a policy of entering into attorney-client relationships with prospective clients only in accordance with certain procedures which include executing an engagement agreement and addressing any and all potential or actual professional responsibility conflicts as required by applicable Bar Associations. Please do not send any information to the Firm without first speaking with one of the Firm’s lawyers who will confirm that the Firm does, or does not, have a conflict of interest in your legal matter and may, therefore, agree to represent You subject to the execution of a mutually acceptable engagement agreement.
5. Sensitive Communications: You agree that electronic mail sent by You to MJMPA will not be treated as confidential or invoke an attorney-client privilege until such time as You become a client of the Firm; provided, however, that if You are an existing client of MJMPA and You send an electronic mail to MJMPA pertaining to a matter in which MJMPA 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 MJMPA cannot guarantee the confidentiality of any electronic mail sent to or received by it or any information submitted by You to MJMPA through the Website.
6. Conduct: You agree that You will not use the Website for any purpose that is unlawful or which could interfere with or impair the operation and functionality of the Website.
7. Proprietary Rights:
i) Intellectual Property Rights. The materials on the Website, including without limitation any and all text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by MJMPA, licensed to MJMPA, or used by permission subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Any use of these materials by You shall be in accordance with these statutes and laws.
ii) Permission Requests. Please contact MJMPA at 805-804-5393 and ask for Michael J. Maloney if You want to request permission to use any materials of the Website in a manner not authorized herein.
8. Third Party Sites:
Disclaimers, Limitations of Liability and Indemnity:
i) Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE, INCLUDING THE INFORMATION PROVIDED THROUGH THE WEBSITE, IS PROVIDED “AS IS” AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. MJMPA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN, OR RELIANCE UPON, THE INFORMATION IN THIS WEBSITE. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
ii) Disclaimer of Liability. TO THE EXTENT PERMITTED BY THE LAW AND RULES OF PROFESSIONAL RESPONSIBILITY IN THE APPLICABLE JURISDICTION, MJMPA 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 WEBSITE.
2. Limitations of Liability. Under no circumstances will MJMPA or its attorneys be liable for any loss or damage caused by Your reliance on information obtained through this Website. It is Your responsibility to evaluate the accuracy, completeness, or usefulness of this Website. In no event shall MJMPA or its attorneys be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or relating to the Website or this Agreement, whether based on warranty, contract, tort, or any other legal theory. Also, the Firm will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of the Website or to Your downloading of any material posted on the Website, or on any website linked to it. Because some jurisdictions do not allow the exclusion or limitation of liability for negligence, consequential, incidental or other damages, in such jurisdictions MJMPA’s liability is limited to the greatest extent permitted by law. Your sole remedy for dissatisfaction with this Website is to stop using this Website.
1.Electronic Correspondence to the Firm and Affiliated Servers. While we are happy to have You contact us by telephone, surface mail, electronic mail or facsimile transmission, merely communicating with MJMPA or a MJMPA lawyer does not create a lawyer-client relationship unless and until an agreement has been reached between You and the firm to handle a particular legal matter, and a written engagement agreement is signed by each of us. Please do not convey, to us, any information You regard as confidential or privileged until a formal lawyer-client relationship has been established between us. Any information You convey to MJMPA electronically may not be secure, and information conveyed prior to establishing a lawyer-client relationship may not be privileged or confidential.
3. Invalidity, Survival, Release, Assignment, Waiver and Jurisdiction. In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement entitled Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnity, and Miscellaneous shall survive the termination of this Agreement. MJMPA reserves the right to change, suspend, or discontinue all or any part of the Website or any of its contentaten engagement letter is aimers at any time without prior notice or liability. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. You expressly absolve and release MJMPA from any claim of harm resulting from a cause beyond the Firm’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign this Agreement. No waiver shall be effective unless in writing and signed by both parties. Neither the course of conduct between the parties nor trade practices shall act to modify any provision of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state of California except with regard to its applicable conflicts or choice of law rules. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Website. Without limiting the generality of the foregoing, You expressly agree to comply with such restrictions and comply with the export control laws of the United States. You are prohibited from any use of the Website that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by MJMPA. This Agreement contains the entire Agreement of the parties concerning Your use of Website and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter except for any signed written agreements between us.
4. Testimonials. The testimonials and/or endorsements on this Website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.