September 13, 2015

Terms, Conditions, and Disclaimers

Last Updated

March 14, 2017

Terms of Use

By accessing or using this website and the services described below (collectively, the “Site”), you indicate that you have read, understood, and agreed to the terms of this Terms of Use Agreement (the “Agreement”) and to any additional rules and guidelines on the Site. You must accept the terms of the Agreement in order to access or use the Site. If you do not understand or have questions about the Agreement, immediately stop all use of the Site and contact info@minderlaw.com. The Agreement may periodically change without notice, so you should check the Agreement before every attempt to use the Site. You can determine when we last changed the Agreement by referring to the “Last Updated” section on this webpage. Your use of the Site following changes to the Agreement will constitute your acceptance of those changes. We may, at any time, modify or discontinue all or part of the Site; refuse to provide any user with access to the Site; charge, modify, or waive fees required to use the Site; or offer opportunities to some or all Site users.

No Legal Services or Attorney-Client Relationship

We provide users of the Site with access to services and general information about us, including without limitation: (a) information such as newsletters, updates, articles, attorney profiles, event details, videos, photos, text, data, and other similar content; and (b) services such as event registration, subscription management, research tools, video players, and links to third-party websites.

WHILE THE INFORMATION ON THE SITE CONCERNS LEGAL ISSUES, IT IS NOT LEGAL ADVICE. MOREOVER, USE OF THE SITE IS NOT INTENDED TO CONSTITUTE, AND DOES NOT CONSTITUTE, A SOLICITATION FOR THE FORMATION OF AN ATTORNEY-CLIENT RELATIONSHIP. NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED THROUGH YOUR USE OF THE SITE. NEITHER RECEIPT OF INFORMATION PRESENTED ON THE SITE NOR ANY EMAIL OR OTHER ELECTRONIC COMMUNICATION SENT THROUGH THE SITE WILL CREATE AN ATTORNEY-CLIENT RELATIONSHIP, AND ANY SUCH EMAIL OR COMMUNICATION WILL NOT BE TREATED AS CONFIDENTIAL. No user of the Site should act or refrain from acting on the basis of information included on the Site without seeking legal advice of counsel in the relevant jurisdiction. You should not and are not authorized to rely on the Site as a source of legal advice. We expressly disclaim all liability in respect of actions taken or not taken based on any contents of the Site.

Registration

You may need to register to use parts of the Site. We may reject or require that you change any user name, password, or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential. You are responsible for any use of your user name and password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your user name and password, or your Site account.

Comments, Communications, and Other Content

You may not submit content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. You may not submit content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead to the origin of the content. We reserve the right (but not the obligation) to remove or edit such content.

If you do post content or submit material, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us and Amazon for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.

Links

The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Other websites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK. Additionally, we may provide tools to allow you to link to the Site directly from a third-party site. If you do link to the Site (whether using such tools or otherwise), you agree that you will disable and remove any such link promptly upon our request.

Accuracy of Information

We attempt to ensure that information on the Site is complete, accurate, and current. Despite our efforts, the information on the Site may be inaccurate, incomplete, or out of date. We make no representation as to the completeness or accuracy of any information on the Site.

Intellectual Property

All content included on the Site, such as text, graphics, logos, button icons, and images, is our property or the property of our content suppliers and may be protected by United States and international intellectual property laws. All software used on this Site is our property or the property of our service provider or its suppliers and may be protected by United States and international intellectual property laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based on, all or any part of the Site or any information or materials made available through the Site.

Our trademarks and service marks include, without limitation, Minder Law Group, Minder Law, Minder Group, minderlaw.com, 滿德, 滿德律師事務所, 满德, 满德律师事务所, and any associated trademarks, service marks, and logos. All trademarks and service marks on the Site not owned by us are the property of their respective owners. You may not use our trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any license or right to use any trademarks or service marks without express prior written consent of the owner.

Disclaimer of Warranties and Limitation on Damages

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; THEIR SERVERS; OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THE AGREEMENT, IN NO EVENT WILL WE BE LIABLE UNDER ANY CIRCUMSTANCES OR LEGAL THEORY FOR DAMAGES RELATED TO INCONVENIENCE, DOWNTIME, INTEREST, COST OF CAPITAL, FRUSTRATION OF ECONOMIC OR BUSINESS EXPECTATIONS, LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOSS OF USE, TIME, DATA, OR GOODWILL, OR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, COLLATERAL, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH LOSSES ARE FORESEEABLE.

CERTAIN APPLICABLE 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 ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.

Binding Arbitration

ANY DISPUTE ARISING OUT OF THE USE OF THE SITE OR RELATING TO THE AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION PURSUANT TO SECTION 1280 ET SEQ. OF THE CODE OF CIVIL PROCEDURE. THIS PROVISION APPLIES TO ALL DISPUTES, INCLUDING BUT NOT LIMITED TO ALLEGATIONS OF NEGLIGENCE, BREACH OF CONTRACT, BREACH OF FIDUCIARY DUTY, OR FRAUD. THE ARBITRATOR SHALL BE A NEUTRAL ARBITRATOR SELECTED BY THE PARTIES, OR APPOINTED BY THE COURT. THE DECISION OF THE ARBITRATOR WILL BE BINDING. The arbitration shall be conducted in Hong Kong under the auspices of the Hong Kong International Arbitration Centre (“HKIAC”). The arbitration shall be conducted in the English language before an arbitrator appointed in accordance with the HKIAC Rules. During such arbitration, any controversy of claim arising out of or relating to the construction or applications of any term, provision, or condition of this Agreement shall comply with and be governed in accordance with the laws of the state of California.

Waiver of Trial

IF THE FOREGOING BINDING ARBITRATION CLAUSE WERE NOT IN THE AGREEMENT, THE PARTIES WOULD EACH HAVE THE RIGHT TO A TRIAL BY JURY OR BY A JUDGE IN THE EVENT OF ANY LITIGATION BETWEEN THE PARTIES. THE PARTIES ARE EACH GIVING UP THE RIGHT TO A JURY TRIAL OR COURT TRIAL IN ANY DISPUTE BETWEEN THE PARTIES. YOU SPECIFICALLY UNDERSTAND THAT THE RIGHT TO HAVE SUCH DISPUTES DECIDED BY A JUDGE OR A JURY IS HEREBY WAIVED.

Governing Law

By visiting the Site, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern the terms of the Agreement and any dispute of any sort that might arise. In the event that the Binding Arbitration section of the Agreement is deemed invalid, void, or for any reason unenforceable, the state and federal courts located in Los Angeles, California shall have exclusive jurisdiction of all suits and proceedings arising out of or in connection with the Agreement. If any dispute arises out of or in connection with this Agreement, except as expressly contemplated by another provision of this Agreement, the parties irrevocably: (i) consent and submit to the jurisdiction of courts located in Los Angeles, California; (ii) waive any objection to that choice of forum based on venue or to the effect that the forum is not convenient; and (iii) WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL OR ADJUDICATION BY JURY.

Severability

Each provision of this Agreement (a “Provision”) shall be deemed severable. If any Provision or the application of any Provision to any person or circumstance shall be held invalid or unenforceable by a court of any jurisdiction:

  • The Provision shall be ineffective only in that jurisdiction.
  • The Provision shall be ineffective only to the extent that it has been expressly held to be invalid or unenforceable in that jurisdiction.
  • The ineffectiveness of the Provision shall not invalidate any other provision of the Agreement or the application of the Provision itself to persons or circumstances other than those with respect to which it was held invalid or unenforceable in the jurisdiction in question.