Terms of Use
Please read these Terms of Use carefully. They are
legally binding terms and conditions under which you
may access and use the website. If you do not agree to
abide by these Terms, do not use or access the website.
Our website provides information about the legal services
that we offer, provides general information and resources,
and allows you to contact us.
The words “KLC,” "Kroll Law,"“we,” “ us,” or “our” refer to Kroll Law
Corporation which operates as a corporation in California.
All references to “ website” includes KLC websites that post
a link to this Terms of Use (“Terms”), including this website
that are operated for KLC by service providers under
agreement with the KLC.
These Terms of Use govern your use of our website,
including, without limitation, both mobile and online versions
of our website. By using any one of them, you accept, and
consent to the collection and use of your data in accordance
with, our Privacy Policy. By using our website, you further
agree that we may change, alter, or modify the settings or
configurations on your Device (defined in Paragraph 5(C)
below) in order to allow for or optimize your use of the
websites.
We reserve the right to terminate or limit your access to the
websites for any violation of these Terms, or for any other
reason, at our sole discretion.
1. Disclaimer
Use of the Websites does not create an Attorney-Client
Relationship. No attorney-client relationship between you
and the KLC is or may be created by your access to or use
of the websites or any information contained on them. The
website is designed for general information, only. The
information presented on our website is not meant to be
legal advice nor does the use of this site create an attorney-
client relationship. The only way to become our client is
through a written agreement signed by both you and the
KLC.
Any information you submit to us by phone, through the
website or by email will not be considered confidential and
may be subject to applicable disclosure and reporting
requirements, as required by law. If you are considering
asking us to represent you, please call us or otherwise
contact us through our website so that we can determine
whether we are willing or able to undertake your
representation in the matter. In addition to a phone number
to contact us, the website includes a submission form
through which you can request that we contact you about
our potentially representing you.
Contacting us does not create an attorney-client relationship.
Information on our website is meant only for residents of
California. We do not seek to represent any person based
solely on that person’s visit to our web site. Our attorneys
are licensed to practice in California. We represent personal
injury clients, insurance bad faith clients and class
action clients throughout the state of California.
(B) If You have not entered into a Written Agreement,
signed by both you and the KLC, for us to represent
you, do not Submit Confidential or Sensitive
Information. If you submit information to us by email or
otherwise through a website in connection with a matter for
which we do not presently represent you, you acknowledge
that it will not be considered to be confidential and consent
to our sharing it with other attorneys and law firms to
determine whether we will agree to represent you. We
cannot represent you until we know that doing so will not
create a conflict-of-interest. Accordingly, please do not send
us any information about any matter that may involve you or
the matter until you and the KLC enter into a written
agreement, signed by both you and KLC, stating that we
agree to represent you. You recognize that any information
that you submit and our review of your information will not
preclude any lawyer at KLC from representing a party
directly adverse to you, in any matter where that information
is relevant, even if that information is highly confidential and
could be used against you and even if it is transmitted in a
good faith effort to retain us. We reserve the right to decline
any representation.
(C) You Should Not Rely on the Information Contained
on the Website. The information provided on the website is
general in nature and does not apply to any particular
factual, legal, medical, financial, insurance, or other
situation. As such, you should not rely on any information on
our website. You should consult an attorney for legal advice
regarding your individual situation and should seek other
professional advice (for example, but not by way of
limitation, medical, health care, insurance, financial, tax
advice) as you determine appropriate.
Any opinions expressed may not reflect the opinions of KLC
or any individual attorney. Although we strive to keep the
content on the websites relevant and useful, laws are often
changing, and we cannot guarantee that all of the content is
complete, accurate or current.
2. Third Party Sites; Dealings with Third Parties
(A) Third-Party Content and Sites. The websites, including
User-Generated Content (defined below), may contain links
to third-party sites and ads (collectively, “Third-Party
Sites ”) that are not owned, controlled or operated by the
KLC, including Third-Party Sites operated by advertisers,
licensors, licensees, and other third parties such as our
service providers or parties who have business relationships
with KLC. KLC may have no control over the content,
operations, policies, terms, or other elements of Third-Party
Sites, and KLC does not assume any obligation to review
any Third-Party Sites. KLC does not endorse, approve, or
sponsor any Third-Party Sites, or any third-party content,
advertising, information, materials, products, services or
other items. Furthermore, KLC is not responsible for the
quality or delivery of the products or services offered,
accessed, obtained by or advertised at such Third-Party
Sites. Any activities you engage in in connection with any of
the same are subject to the privacy and other policies, terms
and conditions of use and/or sale, and rules issued by the
operator of the Third-Party Sites.
(B) Dealings with Third Parties. Any interactions,
correspondence, transactions, and other dealings that you
have with any third parties found on or through the websites
(including on or via Third-Party Sites or advertisements) are
solely between you and the third party (including issues
related to the content of third-party advertisements,
payments, delivery of goods, warranties (including product
warranties), privacy and data security, and the like).
3. User Accounts
You may be asked to create an account to access some
features of the websites, such as a discussion board. KLC’s
practices governing any resulting collection and use of your
personal information are disclosed in our Privacy Policy.
If you are under the age of thirteen (13), then you are not
permitted to register as a user or otherwise use the websites
or submit personal information to us.
If you register for any feature that requires a password
and/or username, then you will select your own password at
the time of registration (or we may send you an e-mail
notification with a randomly generated initial password) and
you agree that you will:
i You will not use a username (or e-mail address) that is
already being used by someone else, may impersonate
another person, belongs to another person, violates the
intellectual property or other right of any person or
entity, or is offensive.
ii We may reject the use of any password, username, or e-
mail address for any other reason in our sole discretion;
iii You will provide true, accurate, current, and complete
registration information about yourself in connection
with the registration process and maintain and update
such information continuously and promptly to keep it
accurate, current, and complete;
iv You are solely responsible for all activities that occur
under your account, password, and username –
whether or not you authorized the activity;
v You are solely responsible for maintaining the
confidentiality of your password and for restricting
access to your Device so that others may not access
any password protected portion of the websites using
your name, username, or password;
vi You will immediately notify us of any unauthorized use
of your account, password, or username, or any other
breach of security; and
vii You will not sell, transfer, or assign your account or any
account rights.
We will not be liable for any loss or damage (of any kind and
under any legal theory) to you or any third party arising from
your inability or failure for any reason to comply with any of
the foregoing obligations.
4. Content You Submit and Community Usage Rules
(A) User Generated Content
i General. KLC may now or in the future offer users of the
websites the opportunity to create, build, post, upload,
display, publish, distribute, transmit, broadcast, or
otherwise make available on or submit through the
websites (collectively, “submit”) messages, text,
illustrations, files, images, articles, blogs, books, course
materials, graphics, photos, comments, responses,
sounds, music, audio, videos, information, content,
ratings, reviews, data, questions, suggestions,
personally identifiable information, or other information
or materials and the ideas contained therein
(collectively, “User-Generated Content ”). Subject to
the rights and license you grant in these Terms, you
retain whatever legally cognizable right, title, and
interest that you have in your User-Generated Content
and you remain ultimately responsible for it.
ii Non-Confidentiality of Your User-Generated Content. You
agree that: (a) your User-Generated Content will be
treated as non-confidential – regardless of whether you
mark them “confidential,” “proprietary,” or the like – and
will not be returned, and (b) KLC does not assume any
obligation of any kind to you or any third party with
respect to your User-Generated Content.
iii License to KLC of Your User-Generated Content. You
hereby grant to KLC, the non-exclusive, unrestricted,
unconditional, unlimited, worldwide, irrevocable,
perpetual, and cost-free right and license to use, copy,
record, distribute, reproduce, disclose, sell, re-sell,
sublicense (through multiple levels), display, publicly
perform, transmit, publish, broadcast, translate, make
derivative works of, and otherwise use and exploit in
any manner whatsoever, all or any portion of your User-
Generated Content (and derivative works thereof), for
any purpose whatsoever in all formats, on or through
any means or medium now known or hereafter
developed, and with any technology or devices now
known or hereafter developed, and to advertise,
market, and promote the same. Without limitation, the
granted rights include the right to: (a) configure, host,
index, cache, archive, store, digitize, compress,
optimize, modify, reformat, edit, adapt, summarize,
publish in searchable format, and remove such User-
Generated Content and combine same with other
materials; and (b) use any ideas, concepts, know-how,
or techniques contained in any User-Generated
Content for any purposes whatsoever, including
developing, producing, and marketing products and/or
services. In order to further effect the rights and license
that you grant to the KLC to your User-Generated
Content, you also hereby grant to KLC, and agree to
grant to the KLC, the unconditional, perpetual,
irrevocable right to use and exploit your name, persona,
and likeness in connection with any User-Generated
Content, without any obligation or remuneration to you.
Except as prohibited by law, you hereby waive, and you
agree to waive, any moral rights (including attribution
and integrity) that you may have in any User-Generated
Content, even if it is altered or changed in a manner not
agreeable to you. To the extent not waivable, you
irrevocably agree not to exercise such rights (if any) in
a manner that interferes with any exercise of the
granted rights. You understand that you will not receive
any fees, sums, consideration, or remuneration for any
of the rights granted in this Section 4(A)(iii).
iv The KLC’s Exclusive Right to Manage our Websites.
KLC may, but will not have any obligation to, review,
monitor, display, post, store, maintain, accept, or
otherwise make use of, any of your User-Generated
Content, and KLC may, in its sole discretion, reject,
delete, move, re-format, remove or refuse to post or
otherwise make use of User-Generated Content without
notice or any liability to you or any third party in
connection with our operation of User-Generated
Content venues in an appropriate manner. Without
limitation, we may do so to address content that comes
to our attention that we believe is offensive, obscene,
lewd, lascivious, violent, harassing, threatening,
abusive, illegal or otherwise objectionable or
inappropriate, or to enforce the rights of third parties or
these Terms, including without limitation, the content
restrictions set forth below in the Community Rules
(defined in Section 4 (B)). Such User-Generated
Content submitted by you or others need not be
maintained on the websites by us for any period of time
and you will not have the right, once submitted, to
access, archive, maintain, or otherwise use such User-
Generated Content on the websites or elsewhere.
v Representations and Warranties Related to Your User-
Generated Content. Each time you submit any User-
Generated Content, you represent and warrant that you
are at least the age of majority in the jurisdiction in
which you reside and are the parent or legal guardian,
or have all proper consents from the parent or legal
guardian, of any minor who is depicted in or contributed
to any User-Generated Content you submit, and that,
as to that User-Generated Content, (a) you are the sole
author and owner of the intellectual property and other
rights to the User-Generated Content, or you have a
lawful right to submit the User-Generated Content and
grant KLC the rights to it that you are granting by these
Terms, all without any KLC obligation to obtain consent
of any third party and without creating any obligation or
liability of KLC; (b) the User-Generated Content is
accurate; (c) the User-Generated Content does not
and, as to KLC’s permitted uses and exploitation set
forth in these Terms, will not infringe any intellectual
property or other right of any third party; and (d)the
User-Generated Content will not violate these Terms
(including the Community Rules), or cause injury or
harm to any person.
vi Enforcement. KLC has no obligation to monitor or
enforce your intellectual property rights to your User-
Generated Content, but you grant us the right to protect
and enforce our rights to your User-Generated Content,
including by bringing and controlling actions in your
name and on your behalf (at KLC’s cost and expense,
to which you hereby consent and irrevocably appoint
KLC as your attorney-in-fact, with the power of
substitution and delegation, which appointment is
coupled with an interest).
(B) Community Rules. As a user of the websites, these
Community Rules (“Community Rules”) are here to help
you understand the conduct that is expected of members of
the websites’ blogs, rating functionality and similar places
where you can post comments on the websites (collectively,
“Communities”).
(i) Nature of Rules. Your participation in the Communities is
subject to all of the Terms, including these Rules:
• Your User-Generated Content. All of your User-Generated
Content either must be original with you or you must
have all necessary rights in it from third parties in order
to permit you to comply with these Terms
• No Pictures, Videos, or Images of Anyone Other Than You
and Your Friends and Family. If you choose to submit
photos to the websites, link to embedded videos, or
include other images of real people, then make sure
they are of you or of you and someone you know – and
only if you have their express permission to submit it.
• Act Appropriately. All of your activities on the websites
must be venue appropriate, as determined by us. Be
respectful of others’ opinions and comments so we can
continue to build Communities for everyone to enjoy. If
you think your User-Generated Content might offend
someone or be embarrassing to someone, then
chances are it probably will and it doesn’t belong on the
websites. Cursing, harassing, stalking, insulting
comments, personal attacks, gossip, and similar actions
are prohibited. Your User-Generated Content must not
threaten, abuse, or harm others, and it must not include
any negative comments that are connected to race,
national origin, gender, sexual orientation, or physical
handicap. Your User-Generated Content must not be
defamatory, slanderous, indecent, obscene,
pornographic, or sexually explicit.
• Do Not Use for Commercial or Political Purposes. Your
User-Generated Content must not advertise or promote
a product or service or other commercial activity, or a
politician, public servant, or law.
• Do Not Use for Inappropriate Purposes. Your User-
Generated Content must not promote any infringing,
illegal, or other similarly inappropriate activity.
• Be Honest and Do Not Misrepresent Yourself or Your User-
Generated Content. Do not impersonate any other
person, user, or company, and do not submit User-
Generated Content that you believe may be false,
fraudulent, deceptive, inaccurate, or misleading, or that
misrepresents your identity or affiliation with a person or
company.
• Others Can See. We hope that you will use the
Communities to exchange information and content and
have venue appropriate discussions with other
members. However, please remember that the
Communities are public or semi-public and User-
Generated Content that you submit on the Service
within a Community may be accessible and viewable by
other users. Do not submit personally identifying
information (e.g., first and last name together,
password, phone number, address, credit card number,
medical information, e-mail address, or other personally
identifiable information or contact information) on
Community spaces and take care when disclosing this
type of information to others.
• Don’t Share Other Peoples’ Personal Information. Your
User-Generated Content should not reveal another
person’s address, phone number, e-mail address,
social security number, credit card number, medical
information, financial information, or any other
information that may be used to track, contact, or
impersonate that individual, unless, and in the form and
by the method, specifically requested by KLC.
• Don’t Damage the Websites or Anyone’s Computers or
Other Devices. Your User-Generated Content must not
submit viruses, Trojan horses, spyware, or any other
technologies or malicious code that could impact the
operation of the websites or any computer or other
Device (as defined in Paragraph 5(C) below).
If you submit User-Generated Content that KLC reasonably
believes violates these Rules, then we may discontinue your
access to the websites without prior notice to you and take
any legally available action that we deem appropriate, in our
sole discretion. However, we are not obligated to take any
action not required by law.
(ii) Your Interactions with Other Users; Disputes. You are
solely responsible for your interaction with other users of the
websites, whether online or offline. We are not responsible
or liable for the conduct or content of any user. We reserve
the right, but have no obligation, to monitor or become
involved in disputes between you and other users. Exercise
common sense and your best judgment in your interactions
with others (e.g., when you submit any personal or other
information) and in all of your other online activities.
(C) Alerting Us of Violations. If you discover any content
that violates these Terms, then you may report it
to: info@krollcorporation.com. For alleged infringements
of copyright, see Section 11 below.
5. Content, Ownership, Limited License & Limitations on
Use and Rights of Others
(A) Content The websites contain a variety of: (i) materials
and other items relating to KLC and its products and
services, and similar items from our licensors and other third
parties, including all layout, information, text, data, files,
images, scripts, designs, graphics, button icons, instructions,
illustrations, photographs, articles, books, audio clips, music,
sounds, pictures, videos, advertising copy, URLs,
technology, software, interactive features, the “look and feel”
of the websites, and the compilation, assembly, and
arrangement of the materials of the websites and any and all
copyrightable material (including source and object code); (ii)
trademarks, logos, trade names, service marks, and trade
identities of various parties, including those of KLC
(collectively, “Trademarks”); and (iii) other forms of
intellectual property (all of the foregoing, collectively
“Content”).
(B) Ownership by KLC. The websites (including past,
present, and future versions) and the Content are owned or
controlled by KLC and our licensors and certain other third
parties such as our affiliates. All right, title, and interest in
and to the Content available via the websites is the property
of KLC or our licensors or certain other third parties, and is
protected by U.S. and international copyright, trademark,
patent, or other intellectual property rights and laws to the
fullest extent possible. KLC owns the copyright in the
selection, compilation, assembly, arrangement, and
enhancement of the Content on the websites. Except as
expressly provided below, nothing contained herein should
be construed as conferring any license or right, by
implication, estoppel or otherwise, under copyright or other
intellectual property rights.
(C) Limited License and Right to Use the Websites and
Content . Subject to your strict compliance with these
Terms, you are hereby granted a non-exclusive, revocable,
non-assignable, and non-transferable license to download
(temporary storage only), display, view, use, and/or play the
Content (excluding source and object code in raw form or
otherwise, other than as made available to access and use
to enable display and functionality) on a personal computer,
mobile phone or other wireless device, or other Internet
enabled device (each, a “Device“) (i) solely for your
personal, informational, non-commercial purposes only, (ii)
on the terms herein, (iii) provided that you do not modify or
alter the Content in any way, and (iv) provided that you do
not delete or change any copyright or trademark notice. The
foregoing limited license: (i) does not give you any
ownership of, or any other intellectual property interest in,
any Content, and (ii) may be immediately suspended or
terminated for any reason, in KLC’s sole discretion, and
without advance notice or liability. Except as expressly
provided herein, no part of the websites, including, but not
limited to, Content retrieved and the underlying code, may
be reproduced, republished, copied, transmitted, or
distributed in any form or by any means.
(D) Rights of Others. In using the websites, you must
respect the intellectual property and other rights of the KLC
and others. Your unauthorized use of Content may violate
copyright, trademark, privacy, publicity, communications,
and other laws, and any such use may result in your
personal liability, including potential criminal liability. KLC
respects the intellectual property rights of others. If you
believe that your work has been infringed by means of an
improper posting or distribution of it via the websites, then
please see Section 11.
6. Restrictions on Use
(A) Use Restrictions for the Websites. You agree that you
will not: (i) reverse engineer, decompile, disassemble,
reverse assemble, or modify any websites’ source or object
code or any software or other products, websites, or
processes accessible through any portion of the websites;
(v) engage in any activity that interferes with a user’s access
to the websites or the proper operation of the websites, or
otherwise causes harm to the websites, KLC, or other users
of the websites; (vi) interfere with or circumvent any security
feature of the websites or any feature that restricts or
enforces limitations on use of or access to the websites, the
Content, or the User-Generated Content; (vii) harvest or
otherwise collect or store any information (including
personally identifiable information about other users of the
websites, including e-mail addresses, without the express
consent of such users); (viii) attempt to gain unauthorized
access to the websites, other computer systems or networks
connected to the websites, through password mining or any
other means; or (ix) otherwise violate these Terms.
(B) Content Use Restrictions. You also agree that, in using
the websites: (i) you will not monitor, gather, copy, or
distribute the Content (except as may be a result of standard
search engine activity or use of a standard browser) on the
websites by using any robot, rover, “bot”, spider, scraper,
crawler, spyware, engine, device, software, extraction tool,
or any other automatic device, utility, or manual process of
any kind; (ii) you will not frame or utilize framing techniques
to enclose any such Content (including any images, text, or
page layout); (iii) you will keep intact all Trademark,
copyright, and other intellectual property notices contained in
such Content; (iv) you will not use such Content in a manner
that suggests an unauthorized association with any of our or
our licensors’ products, websites, or brands; (v) you will not
make any modifications to such Content; and (vi) you will not
insert any code or product to manipulate such Content in any
way that adversely affects any user experience.
(C) Availability of Websites and Content. KLC may
immediately suspend or terminate the availability of the
websites and Content (and any elements and features of
them), in whole or in part, for any reason, in KLC’s sole
discretion, and without advance notice or liability.
(D) Reservation of All Rights Not Granted as to the
Content and Websites. These Terms include only narrow,
limited grants of rights to Content and to use and access the
websites. No right or license may be construed, under any
legal theory, by implication, estoppel, industry custom, or
otherwise. All rights not expressly granted to you are
reserved by KLC and its licensors and other third
parties. Any unauthorized use of any Content or the
websites for any purpose is prohibited.
7. Disclaimer of Representations and Warranties
“Covered Parties” means KLC (including its parents,
subsidiaries and affiliated and other related entities), its
listees, business partners, co-counsel, and other entities
participating in the websites, and its and their officers,
directors, partners, shareholders, principals, managers,
members, employees, contractors, attorneys, agents,
successors and assigns.
YOUR ACCESS TO AND USE OF THE WEBSITES IS AT
YOUR SOLE RISK. THE WEBSITES ARE PROVIDED ON
AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS”
BASIS AND THE COVERED PARTIES EXPRESSLY
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-
INFRINGEMENT OR MISAPPROPRIATION OF
INTELLECTUAL PROPERTY RIGHTS OF THIRD
PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT,
SYSTEM INTEGRATION, AND FREEDOM FROM
COMPUTER VIRUS.
Some jurisdictions limit or do not allow the disclaimer of
implied or other warranties so the above disclaimers may not
apply to the extent such jurisdictions’ laws are applicable.
WITHOUT LIMITING THE GENERALITY OF OTHER
TERMS HEREIN, THE COVERED PARTIES ALSO
DISCLAIM ALL WARRANTIES, RESPONSIBILITY AND
LIABILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY,
OR DAMAGE OF ANY KIND RESULTING FROM, ARISING
OUT OF OR ANY WAY RELATED TO:(A) ANY ERRORS IN
OR OMISSIONS FROM THE WEBSITES, THE
FUNCTIONS, FEATURES, OR ANY OTHER ELEMENTS
ON, OR MADE ACCESSIBLE THROUGH THE WEBSITES
(AND THEIR CONTENT), INCLUDING, BUT NOT LIMITED
TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL
ERRORS; (B) USER-GENERATED CONTENT,
INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR
OMISSIONS THEREIN OR ANY SECURITY ASSOCIATED
WITH THE TRANSMISSION OF YOUR USER-
GENERATED CONTENT TO OR VIA THE WEBSITES; (C)
ANY THIRD PARTY WEBSITES OR CONTENT THEREIN
DIRECTLY OR INDIRECTLY ACCESSED THROUGH
LINKS IN OUR WEBSITES, INCLUDING, BUT NOT
LIMITED TO, ANY ERRORS OR OMISSIONS THEREIN;
(D) THE UNAVAILABILITY OF THE WEBSITES OR ANY
PORTION THEREOF; (E) YOUR USE OF THE WEBSITES;
(F) ANY SOFTWARE YOU MAY DOWNLOAD FROM OUR
WEBSITES OR THIRD-PARTY SITES; (G) WHETHER THE
WEBSITES OR THE SERVERS THAT MAKE THE
WEBSITES AVAILABLE ARE FREE FROM ANY HARMFUL
COMPONENTS (INCLUDING VIRUSES, TROJAN
HORSES, AND OTHER TECHNOLOGIES THAT COULD
ADVERSELY IMPACT YOUR DEVICE); (H) WHETHER
THE INFORMATION (INCLUDING ANY INSTRUCTIONS)
ON THE WEBSITES IS ACCURATE, COMPLETE,
CORRECT, ADEQUATE, USEFUL, TIMELY OR RELIABLE;
(I) WHETHER YOUR ACCESS TO THE WEBSITES WILL
BE UNINTERRUPTED; (J) WHETHER THE WEBSITES
WILL BE AVAILABLE AT ANY PARTICULAR TIME OR
LOCATION; (K) WHETHER YOUR USE OF THE
WEBSITES IS LAWFUL IN ANY PARTICULAR
JURISDICTION; (L) YOUR USE OF ANY EQUIPMENT OR
SOFTWARE IN CONNECTION WITH THE WEBSITES;
AND (M) ANY DATA SECURITY BREACH OR
DISCLOSURE OF ANY PERSONAL INFORMATION
SUBMITTED AT THE WEBSITES.
Bloggers on behalf of the KLC may be compensated. Some
photos on the websites are of models and not of clients or
KLC personnel and may be simulations of actual scenes.
Services performed by our KLC may be performed by
lawyers other than those who are in such photos. Any
testimonials or endorsements contained on the websites do
not constitute a guarantee, warranty or prediction regarding
the outcome of your legal matter.
8. LIMITATIONS OF OUR LIABILITY
UNDER NO CIRCUMSTANCES WILL ANY OF THE
COVERED PARTIES BE RESPONSIBLE OR LIABLE FOR
ANY LOSS OR DAMAGES OF ANY KIND, including injury
to persons or property or death or for any direct, indirect,
economic, exemplary, special, punitive, incidental, or
consequential losses or damages that are directly or
indirectly related to:
a the websites (including the Content and the User-
Generated Content), whether arising from alleged
negligence, breach of contract or defamation;
b your use of or inability to use the websites, or the
performance of the websites;
c any action taken in connection with an investigation by the
Covered Parties or law enforcement authorities
regarding your access to or use of the websites;
d any action taken in connection with copyright or other
intellectual property owners or other rights owners;
e any errors or omissions in the websites’ technical
operation, including data security breaches or
disclosures of any personal information submitted at the
websites; or
f any damage to any user’s computer, hardware, software,
modem, or other equipment or technology, including
damage from any security breach or from any virus,
bugs, tampering, fraud, error, omission, interruption,
defect, delay in operation or transmission, computer
line, or network failure or any other technical or other
malfunction, including losses or damages in the form of
lost profits, loss of goodwill, loss of data, work
stoppage, accuracy of results, or equipment failure or
malfunction.
The foregoing limitations of liability will apply even if any of
the foregoing events or circumstances were foreseeable and
even if the Covered Parties were advised of or should have
known of the possibility of such losses or damages,
regardless of whether you bring an action based in contract,
negligence, strict liability, or tort (including whether caused,
in whole or in part, by negligence, acts of god,
telecommunications failure, or destruction of the websites).
Some jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages of the sort that are
described above, so the above limitation or exclusion may
not apply to you.
TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT WILL THE COVERED
PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL
POSSIBLE DAMAGES, LOSSES, AND CAUSES OF
ACTION IN CONNECTION WITH YOUR ACCESS TO AND
USE OF THE WEBSITES AND YOUR RIGHTS UNDER
THESE TERMS, EXCEED $100.00; PROVIDED,
HOWEVER, THIS PROVISION WILL NOT APPLY IF A
TRIBUNAL WITH APPLICABLE JURISDICTION FINDS
SUCH TO BE UNCONSCIONABLE.
9. Governing Law
These Terms are to be governed by and construed in accord
with the laws of the State of California, USA, without regard
to choice of law principles.
10. Dispute Resolution
Certain portions of this Section 10 are deemed to be a
“written agreement to arbitrate” pursuant to the Federal
Arbitration Act. You and KLC agree that we intend that this
Section 10 satisfies the “writing” requirement of the Federal
Arbitration Act. This Section 10 can only be amended by
mutual agreement.
(A) First – Try to Resolve Disputes. If any controversy,
allegation, or claim arises out of or relates to the websites,
the Content, your User-Generated Content, or these Terms,
whether heretofore or hereafter arising (collectively,
“ Dispute”), then you and we agree to send a written notice
to the other providing a reasonable description of the
Dispute, along with a proposed resolution of it. Our notice to
you will be sent to you based on the most recent contact
information that you provide us. But if no such information
exists or if such information is not current, then we have no
obligation under this Section 10(A). Your notice to us must
be sent to: Kroll Law Corporation, 1187 Coast Village Road,
#486, Santa Barbara, California 93108. For a period of
ninety (90) days from the date of KLC’s receipt of your
notice, KLC to resolve the Dispute on terms with respect to
which you and KLC, in each of our sole discretion, are not
acceptable.
(B) Alternative Dispute Resolution; Forums. All Disputes
which cannot be resolved amicably by the parties shall be
determined by final and binding arbitration administered by
the Judicial Arbitration and Mediation Service –“JAMS” in
accordance with its rules based upon the following:
i The place of arbitration shall be Los Angeles, California,
and the language of arbitration shall be English.
ii The number of arbitrators shall be one (1), to be appointed
by mutual agreement of the parties. If the parties fail to
agree on the appointment of the sole arbitrator, a panel
of three (3) arbitrators shall be formed. Each party shall
appoint one (1) arbitrator and such party-appointed
arbitrator shall jointly designate the presiding arbitrator.
Unless otherwise agreed in writing by the parties, one
shall only be eligible for nomination as the presiding
arbitrator if he/she has extensive familiarity with the
laws of California and has experience in the laws of
professional liability.
iii The parties grant the arbitrator(s) jurisdiction to rule on the
arbitrability of the dispute and on repose, statute of
limitations or any other time-barrier raised by either
party.
iv The arbitral award shall indicate a time-limit for
voluntary compliance by the defaulting party, and shall
set a daily fee and post-award interests to accrue
thereafter against the non-compliant party.
v Either party may seek interim, conservatory, security and
emergency measures of protection, and injunctive relief
in any court of competent jurisdiction in the state of
California in support of arbitration (urgent relief). For the
purposes of this provision, the parties hereby consent
to the non-exclusive jurisdiction of the United States
District Court for the Central District of California, USA
or Superior Court for the County of Los Angeles, State
of California. THE PARTIES WAIVE THE RIGHT OF
JURY TRIAL, IF APPLICABLE; AND FURTHER
WAIVE ANY RIGHT THAT IT MAY HAVE TO ASSERT
THE DEFENSE OF FORUM NON-CONVENIENS IN
ANY SUCH SUIT IN SUPPORT OF ARBITRATION.
vi The costs, fees and expenses (including without
limitation expenses incurred with legal representation
and compensation of the arbitrator(s)) shall be
apportioned between the parties in accordance with
prevailing party / defaulting party ratio, and shall be
reimbursed by the defaulting party to the prevailing
party after set off.
C) Federal and State Courts in Los Angeles County,
California. Except to the extent that arbitration is required in
Section 10(B), and except as to the enforcement of any
arbitration decision or award, any action or proceeding
relating to any Dispute may only be instituted in state or
federal court in Los Angeles County, California. Accordingly,
you and KLC consent to the exclusive personal jurisdiction
and venue of such courts for such matters.
(D) Injunctive Relief. The provisions of Section 10(A) and
10(B) will not apply to any legal action taken by KLC to seek
an injunction or other equitable relief in connection with, any
loss, cost, or damage (or any potential loss, cost, or
damage) relating to the websites, any Content, your User-
Generated Content and/or KLC’s intellectual property rights
(including such that we may claim that may be in dispute),
and/or KLC’s operations.
11. Digital Millennium Copyright Act
Notification. If you are a copyright owner or an agent thereof
and believe that any Content at the websites, including any
User Generated Content, infringes upon your copyright, you
may submit a written notification pursuant to the Digital
Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3)
for further information) by providing our Copyright Agent
(listed below) with the following information:
• an electronic or physical signature of a person authorized
to act on behalf of the owner of an exclusive right that is
allegedly infringed
• a description of the copyrighted work claimed to have been
infringed or if multiple copyrighted works are covered by
a notification, a representative list of such works at our
websites
• a description of the location on the websites of the
allegedly infringing material(s); (iv) your address,
telephone number, and email address
• a written statement that you have a good faith belief that
use of the material(s) in the manner complained of is
not authorized by the copyright owner, its agent, or the
law; and
• a written 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
KLC’s designated Copyright Agent for notice of claims of
infringement is:
Copyright Agent
c/o Ward & Ward
9777 Wilshire Boulevard
Boulevard, Suite 805
Beverly Hills, CA 90212
Only notices of alleged copyright infringement should go to
the Copyright Agent; any other feedback, comments,
requests for technical support, and other communications
should be directed to KLC. You acknowledge that if you fail
to comply with all of the notice requirements of the DMCA,
your notice may not be valid.
Counter-Notification. If you believe that any User Generated
Content of yours that was removed is not infringing, or that
you have the appropriate rights from the copyright owner or
third party, or pursuant to the law, to post and use the
material in your User Generated Content, you may send a
counter notification containing the following information to
the Copyright Agent:
• your physical or electronic signature
• identification of the material that has been removed or to
which access has been disabled and the location at
which the material appeared before it was removed or
disabled
• a statement(under penalty of perjury) that you have a good
faith belief that the content was removed or disabled as
a result of mistake or a misidentification of the material
• your name, address, telephone number, and e-mail
address, along with a statement that you consent to the
jurisdiction of the federal court in Boston,
Massachusetts and a statement that you will accept
service of process from the person who provided
notification of the alleged infringement
If a counter notification is received by the Copyright Agent,
KLC may send a copy of such counter notification to the
original notifying party. The original notifying party shall have
ten (10) business days to file an action for copyright
infringement and seek a court order against the content
provider or user posting such material. If no such
infringement action is filed within such 10 business days, we
may, in our sole discretion, reinstate the removed material or
cease disabling such material.
In accordance with the DMCA and other applicable law, the
KLC may, in appropriate circumstances, terminate access, at
the KLC’s sole discretion, of any user that we find to be a
repeat infringer of others copyrights. KLC may also, in its
sole discretion, limit or fully terminate access to the websites
of any user infringing the intellectual property rights of
others, regardless of whether such user is a repeat offender
or not.
12. Questions regarding our websites
If you have a question regarding using one of our websites,
you may contact us at 1-805-568-1888 or by email
at info@krollcorporation.com.
13. Waiver of Injunctive or Other Equitable Relief
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS,
DAMAGES, OR INJURIES IN CONNECTION WITH YOUR
USE OF THE WEBSITES, THEN THE LOSSES,
DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE
OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION
OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS
MEANS THAT, IN CONNECTION WITH YOUR CLAIM,
YOU AGREE THAT YOU WILL NOT SEEK, AND THAT
YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT
OR OTHER ACTION THAT MAY INTERFERE WITH OR
PREVENT THE DEVELOPMENT OR EXPLOITATION OF
ANY WEBSITE, APPLICATION, CONTENT, USER-
GENERATED CONTENT, PRODUCT, SERVICE, OR
INTELLECTUAL PROPERTY OWNED, LICENSED, USED
OR CONTROLLED BY KLC (INCLUDING YOUR
LICENSED USER-GENERATED CONTENT) OR A
LICENSOR OF KLC.
14. Updates to Terms
These Terms, in the form posted at the time of your use of
the applicable websites to which it applies, shall govern such
use. AS OUR WEBSITES EVOLVE, THE TERMS AND
CONDITIONS UNDER WHICH WE OFFER THE
WEBSITES MAY BE MODIFIED AND WE MAY CEASE
OFFERING THE WEBSITES UNDER THE TERMS FOR
WHICH THEY WERE PREVIOUSLY OFFERED.
ACCORDINGLY, EACH TIME YOU SIGN IN TO OR
OTHERWISE USE THE WEBSITES YOU ARE ENTERING
INTO A NEW AGREEMENT WITH US ON THE THEN
APPLICABLE TERMS AND CONDITIONS AND YOU
AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS
BY POSTING THEM ON THE WEBSITES (OR IN ANY
OTHER REASONABLE MANNER OF NOTICE WHICH WE
ELECT), AND THAT YOUR USE OF THE WEBSITES
AFTER SUCH NOTICE CONSTITUTES YOUR
AGREEMENT TO THE CURRENT TERMS FOR YOUR
NEW USE AND TRANSACTIONS. Therefore, you should
review the posted Terms of Use each time you use the
websites (at least prior to each transaction or submission).
Additional terms will be effective as to new use and
transactions as of the time that we post them, or such later
date as may be specified in them or in other notice to you. In
the event any notice to you of new, revised or additional
terms is determined by a tribunal to be insufficient, the prior
agreement shall continue until sufficient notice to establish a
new agreement occurs.You should frequently check the
home page which you agree is a reasonable manner of
providing you notice. You can reject any new, revised or
additional terms by discontinuing use of the websites and
related services.
15. General Provisions
(A) KLC’s Consent or Approval. As to any provision in
these Terms that grants KLC a right of consent or approval,
or permits KLC to exercise a right in its “sole discretion,”
KLC may exercise that right in its sole and absolute
discretion. Please note that KLC’s consent or approval may
be deemed to have been granted by KLC without being in
writing and signed by an officer of the KLC.
(B) Indemnity. You agree to, and you hereby, defend,
indemnify, and hold the Covered Parties harmless from and
against any and all claims, damages, losses, costs,
investigations, liabilities, judgments, fines, penalties,
settlements, interest, and expenses (including attorneys’
fees) that directly or indirectly arise from or are related to any
claim, suit, action, demand, or proceeding made or brought
against any Covered Party, or on account of the
investigation, defense, or settlement thereof, arising out of or
in connection with, whether occurring heretofore or
hereafter: (i) your User-Generated Content;(ii) your use of
the websites and your activities in connection with the
websites; (iii) your breach or alleged breach of these Terms;
(iv) your violation or alleged violation of any laws, rules,
regulations, codes, statutes, ordinances, or orders of any
governmental or quasi-governmental authorities in
connection with your use of the websites or your activities in
connection with the websites; (v) information or material
transmitted through your Device, even if not submitted by
you, that infringes, violates, or misappropriates any
copyright, trademark, trade secret, trade dress, patent,
publicity, privacy, or other right of any person or entity; (vi)
any misrepresentation made by you; and (vii) the Covered
Parties’ use of the information that you submit to us
(including your User-Generated Content) (all of the
foregoing, “Claims and Losses”). You will cooperate as fully
required by the Covered Parties in the defense of any Claim
and Losses. Notwithstanding the foregoing, the Covered
Parties retain the exclusive right to settle, compromise, and
pay any and all Claims and Losses. The Covered Parties
reserve the right to assume the exclusive defense and
control of any Claims and Losses. You will not settle any
Claims and Losses without, in each instance, the prior
written consent of an officer of a Covered Party. The
indemnity does not apply to events arising directly from an
attorney-client relationship, if any, that may be entered
between you and KLC on the terms described herein.
(C) Operation of Websites; Availability of Products and
Services; International Issues. KLC controls and operates
the websites from the state of California, U.S.A., and makes
no representation that the websites are appropriate or
available for use beyond the U.S.A. If you use the websites
from other locations, you are doing so on your own initiative
and are responsible for compliance with applicable local
laws regarding your online conduct and acceptable content,
if and to the extent local laws apply.
(D) Severability; Interpretation. If any provision of these
Terms is for any reason deemed invalid, unlawful, void, or
unenforceable by a court or arbitrator of competent
jurisdiction, then that provision will be deemed severable
from these Terms, and the invalidity of the provision will not
affect the validity or enforceability of the remainder of these
Terms (which will remain in full force and effect). To the
extent permitted by applicable law, you agree to waive, and
you hereby waive, any applicable statutory and common law
that may permit a contract to be construed against its drafter.
Wherever the word “including” is used in these Terms, the
word will be deemed to mean “including, without limitation”.
The summaries of provisions and section headings are
provided for convenience only and shall not limit the full
Terms.
(E) Communications. When you communicate with us
electronically, such as via e-mail and text message, you
consent to receive communications from us electronically.
Please note that we are not obligated to respond to inquiries
that we receive. You agree that all agreements, notices,
disclosures, and other communications that we provide to
you electronically satisfy any legal requirement that such
communications be in writing.
(F) Investigations; Cooperation with Law Enforcement;
Termination; Survival. KLC reserves the right, without any
limitation, to: (i) investigate any suspected breaches of its
websites’ security or its information technology or other
systems or networks, (ii) investigate any suspected breaches
of these Terms,(iii) investigate any information obtained by
KLC in connection with reviewing law enforcement
databases or complying with criminal laws, (iv) involve and
cooperate with law enforcement authorities in investigating
any of the foregoing matters, (v) prosecute violators of these
Terms, and (vi) discontinue the websites, in whole or in part,
or, except as may be expressly set forth in any additional
terms, suspend or terminate your access to it, in whole or in
part, including any user Accounts or registrations, at any
time, without notice, for any reason and without any
obligation to you or any third party. Any suspension or
termination will not affect your obligations to KLC under
these Terms or any Additional Terms. Upon suspension or
termination of your access to the websites, or upon notice
from KLC, all rights granted to you under these Terms will
cease immediately, and you agree that you will immediately
discontinue use of the websites. The provisions of these
Terms, which by their nature should survive your suspension
or termination will survive, including the rights and licenses
you grant to KLC in these Terms, as well as the indemnities,
releases, disclaimers, and limitations on liability and the
provisions regarding jurisdiction, choice of law, no class
action, and mandatory arbitration.
(G) Assignment. KLC may assign its rights and obligations
under these Terms, in whole or in part, to any party at any
time without any notice. These Terms may not be assigned
by you, and you may not delegate your duties under them,
without the prior written consent of an officer of the KLC.
(H) No Waiver. Except as expressly set forth in these
Terms, (i) no failure or delay by you or KLC in exercising any
of rights, powers, or remedies under will operate as a waiver
of that or any other right, power, or remedy, and (ii) no
waiver or modification of any term of these Terms will be
effective unless in writing and signed by the party against
whom the waiver or modification is sought to be enforced.
Effective Date: These Terms were last revised on June 25,
2015.