Agreement & Terms and Conditions for Use of Website©
Janet H. McDonough - McDonough Law Firm - 2021
These Terms and this Agreement represent the entire understanding related to the use of the website and prevail over any prior, conflicting or additional communications between you and Janet H. McDonough and McDonough Law Firm (the “Firm”). By using this website, you expressly agree to the terms and conditions for its use. The Firm can revise these terms at any time without notice by updating this posting or by any other means. The Firm and any third parties that provide content on this website may make changes in the information described in this website at any time without notice.
1. No Attorney-Client Relationship, Not Legal Advice
a. Janet H. McDonough is an attorney at law licensed to practice law only in the state of California. This website is for general informational purposes and is established to provide information for clients, prospective clients, professional advisors and others about Janet H. McDonough and McDonough Law Firm (the “firm”) and the areas of California law that she practices.
b. While the information on this website may be about legal issues and the law, it is under no circumstances to be considered legal advice. Moreover, due to the rapidly changing nature of the law and our reliance on information provided by third parties, we make no warranty or guarantee concerning the accuracy or reliability of the content on this website or other websites to which we link.
c. No part of this website is intended to create an attorney-client relationship between you and the Firm, and you should not act or rely on any information or other material in the website.
d. No attorney-client relationship is created with McDonough Law Firm without a separate and express written agreement between the Firm and an actual client defining the scope of the legal services that will be performed by the Firm and the responsibilities of the client.
e. Contacting Janet H. McDonough and the Firm or any of its attorneys, employees or agents through this website, by sending an email and by sending confidential information does not create an attorney-client relationship.
2. Lack of Privacy for Email Communications, Lack of Attorney-Client Privilege; No Conflict of Interest Claims
a. If you communicate with the Firm and provide information through this website, through email or otherwise in connection with any information that is contained within this website or for a matter which we do not already represent you, your communication may not be treated as privileged or confidential and may not be subject to the work-product privileges which might otherwise apply to the attorney-client relationship.
b. No Conflict of Interest Claims
Providing any information to the Firm through this website does not prevent us from representing adverse parties and using information you provide to us for our current or future clients. A conflict of interest check must be performed by the Firm before we accept representation of your case and enter into an attorney-client relationship. Under no circumstances can you claim conflict of interest by providing information to the Firm through this website.
c. Email Communication – No Guarantee of Confidentiality
If you communicate with us by email or through this website, communications may not be completely secure. We use third party servers and internet service providers whose employees and agents may see your information. You should not send any sensitive or confidential messages in this manner if you want your communications and information to be completely confidential.
3. Errors and inaccuracies; Opinion; California Law Only
The practice of law and providing legal information to clients is many times a matter of interpretation of laws and opinions about the outcome of a legal matter. The statements made and the information on the website may not be a correct statement of the law as it applies to your particular situation or your particular facts. This website may include inaccuracies or typographical errors. Any action related to this website will be governed by California Law and controlling U.S. Federal Law. No choice of law rules of any jurisdiction will apply.
4. Copyright
Any unauthorized downloading and/or distribution of copyrighted material from this website or websites to which we link, without the copyright owner's written permission, is strictly prohibited. You are not authorized to copy or download or export any document or information on this website and treat it as your own or represent that it is your work product.
5. Privacy
The Firm collects public and private personal information from the following sources and the information is collected and used for the following purposes:
a) How information is collected:
1) Information You Provide. Our client engagements routinely require us to obtain private information about our clients so that we can proceed with the various legal services we perform. We collect personal information from clients directly and from third parties.
2) Third Party Information Providers. Depending upon the particular documents we are required to prepare or the particular legal services a client has hired us to perform, we may request non-public information from third party information providers with or without your express consent. We may obtain public information about you and your assets through third party providers which you may think is private non-public information but is actually public information such as details of your real estate ownership, property taxes, purchase and escrow information, title to real estate, previous transfers and sales and similar matters related to real estate.
3) Consumer Reporting Agencies. We do not generally obtain non-public personal information about our clients from consumer reporting agencies, however we reserve the right to do so with our clients’ express written consent.
4) Disclosure of Private Personal Information. The Firm’s policy is to not disclose nonpublic personal information, or any other confidential information, about our clients without the clients’ consent. Private personal information is defined as follows: any information available that we acquire by using information you have provided to us, in connection with any professional services we perform for you, which is not public information and which cannot be obtained from public sources. For purposes of our business relationships with our clients, all information acquired is only distributed under the following conditions:
A) Employees of McDonough Law Firm. Employees that need such information to conclude a transaction for which the client has engaged the Firm.
B) Agents of McDonough Law Firm. As with any business, we have our own sub-contractors, service providers, professional advisors, accounting, insurance and other service firms which we may need to provide information that the regulations consider nonpublic personal information. An example might be your name and the payments you make to us for professional services and the payments we make on your behalf for legal services will be provided to our bookkeeping and/or accounting service providers to prepare billing, accounting, bookkeeping, office reports and other reports for our internal or external purposes. Another example would be computer consultants that must have access to certain client records so as to be able to test software, hardware or other computer applications to increase the efficiency of our computer and communication processing systems. We always have and will continue to require that any such information that must be disclosed for a business purpose shall be considered confidential and not used for any purpose other than the specific business need.
C) Third Parties to Complete Legal Services. We do not disclose nonpublic personal information, or any other information, to any outside party that the client has not specifically authorized to allow the Firm to disclose the information to. An example would be other professionals that are assisting the Firm in carrying out a client engagement. In such a case, we would require the client's consent and approval for such a disclosure. In addition to the privacy protection that the FTC regulations provide, the Internal Revenue Code prevents the disclosure of client information provided for tax planning or tax return preparation services, without the client¹s written permission. Further, most, if not all, professionals who are licensed to practice law in California are precluded by the rules of professional responsibility from disclosing client information. We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard our client's nonpublic personal information, or any other information, so as to ensure our clients that protecting their privacy is an important part of the Firm’s commitment to provide the finest service possible.
6. Provision(s) to Opt Out.
The Federal Trade Commission's regulations provide that this notice must include a provision for you to request that the Firm not release your nonpublic personal information. While such a request is unnecessary, because McDonough Law Firm does not disclose your nonpublic personal information in a manner that would allow you to opt out, in the interests of satisfying the regulations, we include this Opt Out Provision.
7. No Service Warranties:
This website and the information, documents, software and other material available on or accessible from this website is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose. The Firm does not warrant that the website service will be uninterrupted or error free or that any information, software or other material available on or accessible through the website is free of viruses, worms, Trojan horses or other harmful components (including but not limited to spyware).
Under no circumstances shall Janet H. McDonough or McDonough Law Firm be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from your use of or inability to use the website or your reliance on or use of information, services or merchandise provided on or accessible through the website, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance.
8. Acceptance of Terms and Conditions & Agreement:
a. By using the documents and information on this website, you indicate your acceptance of all terms and conditions of this license agreement. By using this website you are entering into an agreement which limits liability. If you do not agree with these terms then you are hereby notified to leave this website and discontinue its use.
b. To the maximum extent permitted by applicable law, in no event shall the Firm or its suppliers, consultants or contractors be liable for any express or implied warranties, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement with regard to the documents, information or any Software on this website or special, incidental, indirect or consequential damages whatsoever, including, without limitation, damages for loss of business profits, loss of business or personal information, or any other monetary loss arising out of the use of or the inability to use the documents, information or Software on this website, even if the Firm has been advised of the possibility of damages.
c. This Warranty gives you and limits your specific legal rights. You may have other rights, which vary in different jurisdictions. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In no event shall the Firm’s liability exceed the purchase price for any documents, information or any Software contained on the website or through the legal services provided. The extent of liability as a result of using this website is none. The disclaimers and limitations set forth above will apply regardless of whether you accept the documents, information or any Software, or the use of this website.
d. Having read this Terms of Use and this Agreement, you agree that no contrary or inconsistent statement, oral or written, has been made by any person and that this is the complete and exclusive statement of the terms and conditions of the Agreement between us, and any prior proposal or statement, whether written or oral, is superseded. In the event of any dispute regarding the terms and conditions of this Agreement, you agree that the laws of the state of California will govern the interpretation of this Agreement. Janet H. McDonough is only licensed to practice law in the state of California.
9. Use of Website Information and Documents:
Except as otherwise indicated elsewhere on this website, you may view, copy and print, documents available on this website subject to the following conditions:
a. The documents may be used solely for personal and informational purposes,
b. The documents and information may not be copied or reproduced for commercial purposes. You may not place your name on the copyrighted documents and claim them as your own;
c. The document may not be modified or altered in any way;
d. Any copy of the document or portion thereof must include the copyright notice above and this permission notice; and
e. Janet H. McDonough and McDonough Law Firm reserve the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon written notice from McDonough Law Firm.
Documents specified above may include the design or layout of this website. Elements of this website are protected by trademark, trade dress, service mark, copyright and other laws and may not be copied or imitated in whole or in part.
10. Links to Third Party Sites:
This website may be linked to other websites which are not under the control of and are not maintained by McDonough Law Firm and the Firm is not responsible for the content of those websites. The Firm provides these links to you only as a convenience, and the inclusion of any link to such websites does not imply endorsement by the Firm of those websites. The Firm reserves the right to terminate any link or linking program at any time.
11. User Chat Rooms:
McDonough Law Firm may, but is not obligated to, monitor or review any areas on the website where users transmit or post communications or communicate solely with each other, including, but not limited to chat rooms, bulletin boards or other user forums, and the content of any such communications. However, the Firm will have no liability related to the content of any such communications, whether or not arising under the laws of first amendment, copyright, libel, privacy, obscenity, or otherwise.
12. Disclaimer of Warranty:
Unless otherwise explicitly stated, the materials on the website are provided "as is". All express or implied conditions, representations and warranties, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are disclaimed, except to the extent that such disclaimers are held to be legally invalid. The Firm makes no representations, warranties, or guaranties as to the quality, suitability, truth, accuracy or completeness of any of the materials contained on the website. Any questions regarding the materials should be directed to the providers of such materials. The Firm is not obligated to and is not available to explain or answer questions about the information or documents contained on the website unless and until you enter into a written attorney-client relationship.
13. Limitation of Liability:
The Firm shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading the materials or information on this website. In no event shall the Firm be liable for any indirect, punitive, special, incidental, or consequential damage (including loss of business, revenue, profits, use, data or other economic advantage) however it arises, whether for breach or in tort, even if the Firm has been previously advised of the possibility of such damage.
You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the website and you agree that as a condition for using this website, that you will not make a claim against the Firm for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of the materials. You agree to hold the Firm harmless from, and you covenant not to sue the Firm for any claims based upon using the website.
14. Export Control Laws; Restricted Rights Legend:
Software available on the website is subject to United States export controls. No software from this website may be downloaded or otherwise exported or re-exported to the following:
a. into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or
b. to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders.
By downloading or using software from this website or using this website, you are agreeing to the foregoing and you are warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
15. Software Use:
Any software, information, communication methods or documents that are made available to you to download from the website (the "Software") are the copyrighted work of the Firm and/or third parties. Your use of the documents or Software is governed by the terms of the Complete Agreement or end user license agreement which accompanies or is included with the Software (the "License Agreement"). You shall not install any Software or copy, export or transfer any documents that are accompanied by or includes a License Agreement, unless you first agree to the terms of the License Agreement or Complete Agreement. You may not use any documents provided on this website and use them as your own.
Software is not warranted. All express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, are disclaimed, unless such disclaimers are held to be legally invalid.
Terms as of 3/1/2021
End of Agreement and Terms of Conditions for Use of Website