Terms of Service
Policies and Disclaimers
1. BINDING AGREEMENT
This page represents the binding Terms of Services (the “Agreement”) with respect to this website, located at https://dpgatlaw.com (the “Website”), and any services provided in connection with the Website, including the DPG at Law Newsletter (the “Services”), both owned and controlled by David Philip Graham of DPG at Law (“DPG at Law”). You may access and use the Website and Services only if you agree to the terms and conditions set forth in this Agreement. Your use of the Website and Services constitutes your assent to such terms and conditions. If you do not agree, you must immediately leave and cease all use of the Website and Services. PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY. This Agreement was last updated on November 11, 2021.
This Agreement may be amended by DPG at Law from time to time in its sole discretion. DPG at Law will post a notice on the Website and Services any time this Policy has been changed. It is your responsibility to review this Agreement periodically or upon notice of any changes made. After any changes are made, your continued use of the Website and Services constitutes your agreement that you shall abide by such changes. If at any time you find this Agreement unacceptable, please immediately leave and cease all use of the Website and Services.
This Agreement applies only to the Website and Services and not to any other websites or services that may be accessible from or linked to by or in connection with the Website and Services, any or all of which may have different policies. DPG at Law makes no guarantees about the accuracy, currency, content, or quality of any information provided by such websites and services and assumes no responsibility for any content that may reside on thereon.
3. NO LEGAL ADVICE
The Website and Services provide only general information, not legal advice. Information presented on and in connection with the Website and Services is for informational purposes only and may not be current or accurate. No material here should be construed as legal advice of any kind. The best way to get guidance on your specific legal issue is to discuss it with an attorney before considering any action. DPG at Law expressly disclaims all liability for any actions taken or not taken based on the contents of the Website or Services.
Nothing on or transmitted by or through the Website or Services is intended by itself to create any attorney-client relationship. There will be no such relationship except by mutual execution of an explicit written representation agreement. Without such an agreement, no information sent to me can be considered confidential.
DPG at Law offers preliminary consultations to potential clients completely free of charge and can be contacted here.
4. USER CONTENT
You grant to DPG at Law a license to use any materials you post to the Website or Services. By publicly posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (the “User Content”) on or in connection with the Website or Services, you are granting DPG at Law and its members, partners, representatives, and assigns a license to use the User Content in connection with the operation and advertisement of the Website and Services, including without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the User Content. You will not be compensated for any User Content. If you supply your name with any User Content, you agree that DPG at Law may publish or otherwise disclose your name in connection with your User Content. By posting any User Content on the Website or Services, you warrant and represent that you own the rights to such User Content or are otherwise authorized to post, distribute, display, perform, transmit, and distribute such User Content. DPG at Law reserves the right to remove and delete any User Content at any time.
When accessing or using the Website or Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, the “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
You agree not to upload, download, display, perform, transmit, or otherwise distribute any material, including any User Content, and not to take any other action on or in connection with the Website and Services, that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) advertises or otherwise solicits funds or is a solicitation for goods or services; (d) is or contains any surveys, contests, pyramid schemes, chain letters, junk mail, spam, or other unsolicited messages; or (e) is or contains any computer virus, worms, corrupted files, or other malicious code. DPG at Law will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.
5. PROTECTING MINORS
DPG at Law has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on or in connection with the Website or Services. If you are found to have infringed the rights of DPG at Law or of any third party or otherwise violated any intellectual property law, your access to and use of the Website, Services, and any User Content and your license to contribute any additional User Content will be suspended immediately and may be terminated. DPG at Law’s policy is to investigate any allegations of copyright infringement brought to its attention.
If you have evidence, know, or have a good faith belief that your rights or the rights of anyone else have been violated and you want DPG at Law to delete, edit, or disable the material in question, you must provide DPG at Law with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DPG at Law to locate the material; (d) information reasonably sufficient to permit DPG at Law to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For this notification to be effective, you must provide it to DPG at Law’s designated agent at:
David Philip Graham
Address: 3415 S. Sepulveda Blvd., Suite 1100, Los Angeles, CA 90034
LIMITED LIABILITY. ANY LIABILITY TO YOU ON THE PART OF DPG AT LAW IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL DPG AT LAW BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES OR YOUR CONTRIBUTION OF USER CONTENT. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
DPG AT LAW HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OF IMPLIED, REGARDING THE WEBSITE AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW. DPG AT LAW MAKES THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES. DPG AT LAW DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
You agree to indemnify, defend, and hold harmless DPG at Law and its members, partners, representatives, and assigns from any and all third party claims, losses, liability, damages, and/or costs including reasonable attorney fees and costs arising from your access to or use of the Website, your violation of this Agreement, or infringement by you or any other user of your account of any intellectual property or other right held by any person or entity. DPG at Law will notify you promptly of any such claim, loss, liability, or demand and may elect to provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
All headings in this Agreement are included solely for convenience and shall not affect the interpretation of any right, obligation, provision, or condition under this Agreement in any way.
This Agreement shall be governed by and construed under and in accordance with the laws of the United States and the State of California without regard to choice of law provisions. The Parties irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles, California in all disputes arising out of or related to this Agreement.
The Website and Services are controlled and operated by DPG at Law from and in the State of California. DPG at Law makes no representation that any of the materials or services to which you have been given access are available or appropriate for use in other locations. Your use or access to the Website and Services should not be construed as DPG at Law’s purposefully availing itself of the benefits or privileges of doing business in any state or jurisdiction other than California.
If any obligation, provision, or condition in this Agreement is found invalid, unlawful, or unenforceable, the Parties shall try in good faith to create amendments to preserve the Agreement’s intentions. If that fails, the invalid obligation, provision, or condition shall be severed, but the rest of the Agreement shall remain valid and enforceable.