Please read these terms carefully before using this Miller Kaplan Arase LLP (“Miller Kaplan”) website (the “Site”). This website is hosted in the United States and its contents have been put together to comply with United States law. United States law shall govern all visits to this website and by proceeding this far you agree to be bound by these terms and conditions and legal disclaimers. By using this website, you indicate that you accept these terms. If you do not accept these terms (the “Terms”), do not use this website.
Please review this Policy in conjunction with our Privacy Policy, which also governs your visit to the Site.
Copyright
Miller Kaplan either owns the intellectual property rights in the underlying HTML, text, images, audio clips, video clips, software, and other content (collectively, the “Content”) that is made available to you on this website or has obtained the permission of the owner of the intellectual property in such Content to use the Content on this website.
Except as provided in these Terms, Miller Kaplan prohibits the redistribution or copying of any Content on this website without its express written permission.
Miller Kaplan hereby authorizes you to display on your computer, download, and print pages of this website, subject to the following provision: the Content is only to be used for personal educational and non-commercial use and will not be redistributed, broadcast, or copied to any other media.
Trademark
The trademarks, logos, and service marks displayed on this website are registered and unregistered trademarks of Miller Kaplan and others. Nothing contained on this website should be construed as granting any license or right to use any trademark displayed on this website without the express written permission of Miller Kaplan or such third-party that may own the trademarks displayed on this website. Your misuse of the trademarks displayed on this website, or any other Content on this website is strictly prohibited.
User Submissions
For an explanation of the practices and policies of Miller Kaplan related to the collection, use, and storage of our users’ information, please read our privacy policy. You are prohibited from posting or transmitting to or from this website any unlawful, threatening, libelous, defamatory, obscene, or other material that would violate any applicable law.
External Links
Miller Kaplan may provide links to third-party websites, and some of the Content appearing to be on this website may in fact be supplied by third parties. Miller Kaplan assumes no liability for any damages you may suffer from visiting such linked websites, including without limitation, damages caused by computer viruses or other destructive/disruptive code which may be downloaded from such linked websites.
Any links contained on this website shall not be construed as an endorsement by Miller Kaplan of any such linked website.
We neither control nor endorse, nor are responsible for, any third-Party Content and we make no representations or warranties with respect to them. The availability of any third-Party Content through this website does not imply the endorsement of, or affiliation with, any provider of such sites or materials.
Miller Kaplan has not reviewed or researched the full content on these linked websites and shall not be held responsible should you encounter any materials that may appear inaccurate, indecent, or illegal. If you visit such a website that is linked to this website, please contact contact@millerkaplan.com and we will determine if the link should be removed from this website.
Disclaimer of Warranties
THE CONTENT ON THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY OF YOUR EQUIPMENT OR SOFTWARE. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING USE, OR THE RESULTS OF USE, OF ANY CONTENT, PRODUCT OR SERVICE CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE SITE INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SITE OR SERVICE LINKED TO FROM THE SITE (AND SPECIFICALLY NO REPRESENTATION OR WARRANTY OF CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY OR SAFETY).
WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR AVAILABILITY OF INFORMATION, CONTENT AND MATERIALS FOUND ON SITES THAT LINK TO OR FROM THE SITE. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCT OR SERVICE THAT YOU PURCHASE FROM A THIRD PARTY SITE THAT LINKS TO OR FROM THE SITE OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON OUR SITE. WE DO NOT ENDORSE ANY OF THE MERCHANDISE, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY SITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE SITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT), ON THIRD PARTY SITES, AND ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO OR THROUGH ANY SUCH THIRD PARTY SITES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION). WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY THIRD PARTY.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED BELOW) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification
You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, partners, affiliates, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms of Use. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.
Limitation of Liability
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL MILLER KAPLAN, ITS AFFILIATES, AGENTS, OR OTHER THIRD PARTIES MENTIONED IN THIS WEBSITE, BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, LOST DATA, OR BUSINESS INTERRUPTION), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RESULTING FROM: (A) THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE CONTENT CONTAINED ON ANY OR ALL SUCH WEBSITES; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE CONTENT ON THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE SITE OR $100.00.
Applicable law and disputes
These Terms of Use, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms of Use, will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if these Terms of Use were a contract wholly entered into and wholly performed within the State of California.
Any dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential binding arbitration in Los Angeles County, California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Los Angeles County, California, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under these Terms of Use shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration.
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.
Amendments to this policy
We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Site following any change to these Terms of Use will constitute your assent to and acceptance of the revised Terms of Use.
Consideration
You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Site and data, materials and information available at or through the Site.
Termination
We may terminate these Terms of Use (including your access to and use of the Site) without cause and without notice to you, in our sole discretion. Upon termination, you must cease any access to or use of the Site and destroy all materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.
The provisions of these Terms of Use, which by their nature should survive the termination of these Terms of Use, shall survive such termination.
Miscellaneous Legal Provisions
If you are an individual, you represent and warrant that you have reached the age of majority in the jurisdiction in which you reside, and that you are in any event at least 18 years old.
If you are using this website on behalf of a corporation or other organization, you represent and warrant that you have the ability to agree to these Terms on behalf of such organization and all references to “you” throughout these Terms will include such organization, jointly and severally with you personally.
If you breach any of these Terms, your authorization to use this website automatically terminates and you must immediately destroy any downloaded or printed Content.
If you do not comply with these Terms (or if we have reasonable grounds to suspect or are investigating suspected non-compliance), we may suspend your access to this website or take any other steps we consider appropriate. Miller Kaplan will aggressively enforce its intellectual property rights to the fullest extent of the law.
If any provision of these Terms shall be unlawful, void, or unenforceable for any reason, then any such provision shall be deemed severable to the extent that it is lawful, void or unenforceable, but shall not affect the validity or enforceability of the remaining provisions.
By using this website, you agree to be bound by these Terms and consent to the collection, use and storage of your information by Miller Kaplan in the manner described in our privacy policy. Miller Kaplan reserves the right to make changes to these Terms and our privacy policy from time to time. When using this website, you should review the current Terms and privacy policy to determine if they have been amended since your last visit.
We may discontinue the Site at any time and for any reason, without notice. We may change the contents, operation, or features of the Site at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Site. Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Our failure to enforce any provision of these Terms of Use or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Use as to that breach or any other.
These Terms of Use constitute the entire agreement between you and us regarding the Site and supersedes any prior or contemporaneous agreement regarding that subject matter.
Contacting us
This Site is owned and operated by Miller Kaplan. If you have any questions or suggestions with respect to these Terms of Use, please e-mail us at contact@millerkaplan.com or you can contact us by mail at:
Miller Kaplan
4123 Lankershim Boulevard
North Hollywood, CA 91602
Main 818.769.2010 | Fax 818.769.3100
www.MillerKaplan.com
Updated January 2019