This website (the “Website” or “Site”) is provided to you by The Ventura Legacy Group, APC (“VLG”). To assist you in using our Website, and to ensure a clear understanding of the relationship arising from your use of our Site and the services we may offer through our Site, we have created:
(i) these Terms and Conditions of Use (the “Terms”); and
(i) casual visitors who visit the Site to learn more about our services (“General Visitors”); and
(ii) registered users, to whom we have granted access to certain password-protected areas and features of our Site (“Registered Users”).
Registered Users include clients, co-counsel, opposing counsel or service providers of VLG for whom we have created, and granted access to, extranet sites (“Extranet Users”). The term “you” in these Terms means both General Users and Registered Users.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR SITE.
1. Your Agreement
These Terms govern your use of the Website. Please read these Terms carefully; they impose legal obligations on you and on VLG, and establish our legal relationship. By using our services or accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.
In addition, if you affirmatively become a Registered User, during the submission process (and from time to time as we may require) you may be prompted to click an “I Accept” button, which further confirms your agreement to be legally bound by these Terms.
2. Components of the venturalegacygroup.com Website
Our Website is divided into two broad areas and feature-sets: (i) those that are accessible to all Site Users (the “General Site”); and (ii) those areas that are password-protected (the “Password-Protected Sites”). We offer one type of Password-Protected Sites: the “Extranet Sites,” which are created and individualized for, and made accessible only to, Extranet Users.
3. Grant of Rights
3.1 Grant of Rights to Site Users.
Provided you comply with these Terms, we grant you the right to access all areas of the Website for purposes of (i) learning more about our services; (ii) registering to receive alerts, e-vites, e-announcements and other materials; (iii) registering for VLG presentations and other events; and (iv) exchanging information via an Extranet Site, in accordance with the functionality provided by that Site, (collectively, “Permitted Purposes”). In addition, we grant you the right to print out a reasonable number of pages from our Website and circulate to interested parties a copy of these pages, provided that (a) you use – and ensure others with whom you share copies use – the print-outs only for Permitted Purposes, and (b) you retain on these print-outs any copyright notices or other proprietary notices as they appear on our Website.
Apart from these express rights to use our Site and print out Site content for Permitted Purposes, you may not use, copy, modify, distribute, or access our Website, or any materials we have made available on the Site.
3.2 Grant of Rights to Extranet Users.
In addition to those rights set out in Section 3.1 (Grant of Rights to Site Users), you have the following rights with respect to information and materials posted on an Extranet Site to which you have authorized access:
(i) where you and VLG enjoy an attorney-client relationship, you hold those rights in VLG work product posted on the Site that are set by applicable Ethics Rules; and
(ii) where you are not a VLG client (or VLG work product is not involved), you enjoy such rights from VLG in the materials as are necessary to accomplish the purpose of the Extranet Site.
3.3 Site Users’ Feedback and Testimonials.
From time to time, we may request and/or accept your feedback or testimonials regarding VLG, our services, or our Site. We will not disclose, disseminate or publish such feedback or testimonials outside of VLG without obtaining your consent to do so.
4. VLG Ownership; Reservation of Rights.
All information, software, artwork, text, video, audio, pictures, logos, and other content on the Website, including all associated intellectual property rights, are the property of VLG and its licensors, and are protected by copyright and other intellectual property laws, or are included based on principles of “fair use.” VLG retains all rights with respect to the Website except those expressly granted to you in Section 3 (Grant of Rights), above.
5. Links to Third-Party Sites
The Website may contain links or produce search results that reference links to third party websites (collectively “Linked Sites”). VLG has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites. VLG does not endorse the content of any Linked Site, nor does VLG warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.
6. Code of Conduct
As a condition to your use of the Website, you agree to follow our Code of Conduct set out below. Under this Code, you will not:
- Use the Website in a manner that could disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
- Seek to obtain access to any materials or information through “hacking” or through any other means that we have not intentionally made available to you through the Website.
- Submit material that is intentionally false, defamatory, unlawfully threatening, illegal, or unlawfully harassing.
- Transmit materials through the Site that you know or should know contain viruses, Trojan horses, worms, malware, exploits, root kits, keyloggers, malicious software, adware, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
- Infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images, and text in electronic form – can easily be copied, modified and sent over networks (such as the Internet). These materials may not be transmitted over the Website without the copyright owner’s permission, or without a legitimate “fair use” justification for the transmittal.
7. Limitations on Users’ Privileges
7.1 Revocation or Suspension of Users’ Privileges.
We reserve the right at any time to terminate or suspend your access to some or all of the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct.
8. Advisory: No Legal Advice Provided
The information presented on our Website is provided as a courtesy by VLG. The Site is not intended as a substitute for professional legal advice. If you have, or suspect that you may have a legal problem, you should consult your lawyer to obtain legal information and recommendations specific to your problem.
VLG EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY EXPRESS OR IMPLIED CONCERNING THE ACCURACY, COMPLETENESS OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION CONTAINED ON THE SITE.
Persons accessing this information assume full responsibility for the use of the information and understand and agree that VLG is not responsible or liable for any claim, loss or damage arising from the use of the information.
Moreover, USE OF THE SITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
9.1 Concerning Site Functionality and Availability.
VLG does not promise that the Website, including any Extranet Sites, will be error- free or uninterrupted, or that the Site will provide specific results from your use of any content, search, or link on the Site. Extranet Users acknowledge that they have means other than the Extranet Site available to them to obtain needed information from VLG and agree that, if VLG provides the opportunity to obtain timely information via such other means, the inaccessibility of the Extranet Site is harmless.
VLG DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES (INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) WITH RESPECT TO THE FUNCTIONALITY OR AVAILABILITY OF THE SITE.
9.2 No Disclaimer Concerning Attorney-Client Exchanges via Our Extranet Site.
We expressly retain, and do not disclaim in any manner, responsibility for the content of our attorney-client communications via Extranet Sites, and our provision of advice or attorney work product to clients via the Extranet Site.
9.3 Use of Site Does Not Create an Attorney-Client Relationship.
You agree that your use of our Website does not create an attorney-client relationship with VLG.
10. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL VLG BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE GENERAL SITE. For the avoidance of doubt, if such use is in connection with an attorney-client relationship with VLG via the Extranet Site, this Section does not govern the parties’ relationship.
You agree to defend, indemnify, and hold VLG and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms.
12. Contact for Alleged Copyright Infringement
VLG respects the intellectual property rights of others and requires that its users do the same. If you believe that any content available on our General Site or any of our Password Protected Sites, or other activity taking place on the Site, constitutes infringement of a work protected by copyright (a “Work”), please notify the Firm’s Professional Responsibility Attorney, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows:
Steven R. Hagemann, Esq.
Professional Responsibility Attorney
The Ventura Legacy Group, APC
1823 Knoll Drive
Ventura, CA 93003
Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.