The Information 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 counsel. If You have a legal question or issue, You should contact an attorney. Without limiting the foregoing, the Information may not reflect recent developments in the law, may not be complete, and may not be applicable or accurate in Your jurisdiction. Because the Information is general and may not pertain to Your specific circumstances, You should not act and refrain from acting based on any Information without first obtaining advice from an attorney in the applicable subject matter and appropriate jurisdictions. No reliance on Information posted on the Website will be presumed. You should review the supplemental Legal Disclaimers.
Red Metric has a policy of entering into attorney-client relationships with its clients only in accordance with certain procedures, which include executing an engagement letter and addressing professional responsibility conflicts as required by applicable State Bar Associations. You agree that accessing 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 Red Metric. You should review the supplemental Legal Disclaimers.
a. No Advertising or Solicitation. The Website is not intended to be an advertisement or solicitation, but may be deemed an ADVERTISEMENT in certain jurisdictions. You should review the supplemental Attorney Adverting Notice.
b. Sensitive Communications. You agree that electronic mail (“Email”) sent by You to Red Metric will not be treated as confidential or invoke an attorney-client privilege; provided however, that if You are an existing client of Red Metric and You send Email to Red Metric relating to a matter that Red Metric either represents You or then represents You, such Email may be entitled to be treated as confidential or privileged. Notwithstanding the foregoing, You acknowledge that Email and the Internet are generally insecure, and Red Metric cannot guarantee the confidentiality of any Emails sent to or received by it or any information submitted by You to Red Metric through the Website.
c. Authorized Jurisdictions and Certifications. Red Metric is only authorized to practice law or engage in activities traditionally reserved for lawyers in the state of California and the United States of America.
d. Principal Office and Jurisdictional Issues. Red Metric’s principal offices are located in the state of California, and the responsible attorney is Daniel H. Vaswani.
a. Copyrights. All content on this Website, including but not limited to, text, graphics, logos, icons, buttons, images, audio clips, digital downloads, data compilations, and software, are the property of Red Metric, and are protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of Red Metric and is protected the United States and international copyright laws. All software used on this Website is the property of Red Metric or its providers and is protected by the United States and international copyright laws.
b. Trademarks. RED METRIC, APC, WWW.REDMETRIC.COM, WWW.REDMETRICAPC.COM and other Website graphics, logos, artwork, page headers, button icons, scripts, and service names are trademarks, service marks, registered trademarks, or trade dress (collectively “Marks”) of Red Metric, in the United States of America and other countries. Red Metric’s Marks may not be used in connection with any product or service that is not Red Metric’s, nor may they be used in any manner that is likely to cause confusion among customers, consumers, or in any manner that disparages or discredits Red Metric. All other trademarks not owned by Red Metric, but appearing on the Website are the property of their respective owners, who may or may not be affiliated with, a client of, or related to Red Metric.
c. Limited Licenses. Red Metric grants You a limited nonexclusive license to access and make personal use of the Website but not to download, modify, or otherwise change any portion of the Website. However, this license does not include any resale or commercial use of this Website, its contents, use of listings, product descriptions, prices, or any derivative use of this Website or its contents. You may not use account information for the benefit of any merchants, including gathering information from this Website through any means, including data mining, robots, or similar data extraction, source or information gathering tools. This Website or any portion of this Website may not be reproduced, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Red Metric. Copying, framing, or the use of other techniques to enclose or extract any trademark, logo, commercial identifier, or other proprietary information of Red Metric without express written consent is prohibited. You may not use Meta tags representing or attempting to represent Red Metric or misrepresent Yourself as Red Metric.
a. Prohibited Uses. You will not use the Website in violation of any applicable laws. You also will not, including but not limited to, use the Website in connection with (1) the infringement of intellectual property rights including Red Metric’s rights in its marks and copyrights; (2) the unauthorized transmission of unsolicited commercial Email; (3) the transmission of defamatory or false materials; or (4) fraud. You will not violate, attempt to violate or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of the Website.
b. Information Privacy and Data Use. Red Metric takes Your information privacy very seriously; You should review the supplemental Information Privacy and Data Use Policy, which also governs and applies to Your interactions with Red Metric and the Website.
c. Email. Subject to section V.a, You may send Emails to those addresses made available through the Website for purposes of requesting information and notification, submitting voluntary responses to surveys or other questions, responding to or making inquires regarding Red Metric events, requesting information about Red Metric services, and inquiring about employment. You agree to cease sending email to any Red Metric email address upon Red Metric’s request.
d. Third Party Websites. Any links on the Website to third party websites are provided to You solely as a convenience.
e. No Warranties. THE WEBSITE IS PROVIDED TO YOU “AS IS.” YOUR ACCESS AND USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY THE LAW AND RULES OF PROFESSIONAL RESPONSIBILITY IN THE APPLICABLE JURISDICTION, COOLEY DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPIRES, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF CONTENT, SYSTEM INTEGRATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, QUIST ENJOYMENT, AND UNINTERRUPTED OR ERROR FREE OPERATION.
f. Limitation on Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL RED METRIC BE LIABLE FOR ANY DAMAGES OR INJURY OF ANY KIND OR UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE THIS WEBSITE OR THE MATERIAL PROVIDED ON THIS WEBSITE, SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN CERTAIN CIRCUMSTANCES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
i. Severability. If any provision of these Terms and Use, including the Privacy and Data Use Policy, Legal Disclaimer, and Attorney Advertising Notice, is found to be void or unenforceable, such provision shall be severed and all other provisions shall remain in full force and effect.
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