TERMS OF SERVICE
- BINDING EFFECT. This is a binding agreement. By using the Internet site located at www.regnumlegacy.com (the “Site”) or any services provided in connection with the Site, or any other legal service provided by Regnum Legacy, PC and its attorneys (the “Service”), you agree to abide by these Terms & Service, as they may be amended by Regnum Legacy, PC from time to time in its sole discretion. Company will post a notice on the Site any time these Terms have been changed or otherwise updated. It is your responsibility to review these Terms periodically, and if at any time you find these Terms unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
MOREOVER YOU AGREE THAT THESE TERMS SHALL BE INCORPORATED BY REFERENCE INTO ANY AGREEMENT YOU HAVE WITH REGNUM LEGACY, PC.
When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form.
- SCOPE OF SERVICES & EXCLUSIONS. Company only agrees to do what is expressly stated in the scope of services in your Service Agreement. Together, the Service Agreement and these Terms constitute the entire agreement between you and Company. Any service not expressly stated in the Service Agreement is excluded. Additionally, Company is NOT providing any tax advice. You understand that Company is not a tax attorney and is not a tax professional. Any information provided to you by Company regarding taxes is general and regarding the estate tax exemptions. Company does not calculate taxes owed or prepare tax returns or tax filings of any kind. Company advises you to hire your own tax professional to answer any tax-related questions related to the Scope of Services.
- Delegation. Company may utilize contract attorneys from time to time and may delegate to such attorneys some of the services to be provided to you (if any). Any such delegation will not affect your obligation to pay attorney fees as provided for in your Service Agreement.
- Disclaimer of Guarantee. During a formal consultation and after becoming a client, Company may offer an opinion about possible results regarding your estate plan or other legal service. Company cannot guarantee that the estate tax laws, asset protection laws, and estate tax exemptions on which your estate plan is drafted will remain the same. Therefore, Company cannot guarantee any particular estate plan outcome. Company also cannot predict how your family members will react to your estate plan, and therefore cannot guarantee that an angry relative will not sue your successor trustees in the future.
- Dispute Resolution.
6.1 Arbitration. Except to the extent that a dispute between the Company and you about attorney fees or costs may be subject to the provisions of Business and Professions Code §§6200-6206, Company and you agree to submit to binding arbitration, under the rules of the American Arbitration Assoication, all disputes arising between Company and you about attorney fees or costs under this agreement, or about this agreement itself, or about any other claim (including a claim of attorney malpractice) relating to your legal matter or use of the Site.
You understands and acknowledges that, by agreeing to binding arbitration, you waive the right to submit the dispute for determination by a court and thereby also waives the right to a jury or court trial.
The prevailing party shall be entitled to reasonable attorney fees and costs incurred in enforcing any arbitration award or engaging in any court proceedings.
6.2 Mediation. If a dispute arises between Company and You regarding an issue arising out of this agreement, except to the extent that a dispute between the Company and you about attorney fees or costs may be subject to the provisions of Business and Professions Code §§6200-6206, then the dispute will be submitted to mediation before the dispute is arbitrated or taken to court. If either Company or you commences an arbitration or court action without first attempting to resolve the issue through mediation, or refuses to mediate after a request has been made, then that party will not be entitled to recover any attorney fees or costs, even if they would otherwise be available under this agreement.
- Governing Law. This agreement is governed by, and must be interpreted under, California law, and any court proceedings relating to this agreement must be instituted in the County of Riverside.
- Wavier of Future Conflict. To the extent you have hired or consulted with Company regarding estate planning services, Company’s representation is conditioned upon the understanding that Company is free to provide legal services to any clients (including your adversaries) and take positions adverse to you in any matters (whether involving the same substantive area(s) of law for which you have retained Company or some other unrelated area(s), and whether involving transactions, counseling, litigation, or otherwise) that are not substantially related to your estate plan or other matters for which you may hereafter retain us. In this connection, you should be aware that Company provides services on a wide variety of legal subjects to a large number of clients. (A summary of our current practice areas and the industries in which we represent clients can be found on our website at www.regnumlegacy.com. You acknowledge that you have had the opportunity to consult with other counsel about the consequences of this waiver.
- USER CONTENT. You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
- COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “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.
- INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content 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; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
- COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’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 a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company 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 Company to locate the material; (d) information reasonably sufficient to permit Company 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 Company’s designated agent at:
James A. Long
3200 E. Guasti Road, Suite 100
Ontario, CA 91761
- NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. COMPANY is not a lawfirm. The company does not provide any legal advice. Any legal documents or resources on the site are strictly for informative purposes only. You may use any of the documents for your own private purposes, and the company and/or James A. Long, esq has not advised you to use a particular document. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
- LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY 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 SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. 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.
- AFFILIATED SITES. Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms shall govern your use of any and all third party content.
- PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
- COPYRIGHT. All contents of Site or Service are: Copyright © 2020 Regnum Legacy. All rights reserved.
- SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
- NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
- CALIFORNIA USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
- Legal Advice. You understand that Company does not agree to provide you with legal advice of any kind unless and until you are a client of Company. You are not a “Client” of the Company until you have executed a Service Agreement and paid your initial deposit.
- ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.