Terms & Conditions of Use
KC BRANCH FIRM WEBSITE TERMS AND CONDITIONS OF USE
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
Restrictions on Use
All pages within this Website and any material made available for download (collectively the ("site") are the property of KC Branch Firm and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of KC Branch Firm for your own personal use or the internal use of your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements. Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by KC Branch Firm.
Trademark Notice: All trademarks, service marks, photographs and logos used in this Site are the trademarks, service marks or logos of the KC Branch Firm. Warranty Disclaimer
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED AS IS, WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES. KC BRANCH FIRM, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. Although KC Branch Firm attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform KC Branch Firm so that it can be corrected. Information contained on the Site may be changed or updated without notice. No Attorney Client Relationship and Confidential and Proprietary Information. This Website is not intended to be an offer to represent any person Your sending us an email to our email does not give rise to a lawyer-client relationship. If you have a specific inquiry, please provide your contact details and a brief general description of the issue, without providing us with any confidential details. The KC Branch will have someone review your email and respond. If time is of the essence, please call us immediately, do not email. Our phone number is 805 539 1700. The KC Branch Firm accepts no liability for failure to respond to your email, telephone, or other inquiry.
No Attorney-Client relationship exists involving the KC Branch Firm and any person until you attempt to retain the KC Branch Firm, the KC Branch Firm has checked and cleared any actual or potential conflicts; and you have confirmation in writing as to the nature, scope, and compensation for any such representation. The KC Branch Firm does not want to receive confidential or proprietary information from you through the Site or by email. Please note that any information or material sent to KC Branch Firm through the Site will be deemed NOT to be confidential or by email, unless agreed to in writing by KC Branch Firm. By sending KC Branch Firm any information or material without a confirmation in writing as to the nature, scope, and compensation for any such representation, you grant KC Branch Firm an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that KC Branch Firm is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
Links to Our Site: If you desire to provide a hyperlink from your Website to our Site, you must agree to be bound by the terms of our Hyperlink License Agreement. Please so request in writing.
Links or Pointers to Other Sites: KC Branch Firm makes no representations whatsoever about any other Website that you may access though this Site. When you access a non- KC Branch Firm Website, please understand that it is independent from KC Branch Firm, and that KC Branch Firm has no control over the content on that Website. In addition, a hyperlink to a non-KC Branch Firm Website does not mean that KC Branch Firm endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.
Choice of Law and Venue
These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, inclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in and/or having jurisdiction over the County of San Luis Obispo in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In the event of a dispute between regarding these Terms and Conditions, ("DISPUTE"), the DISPUTE shall be submitted to mediation before an agreed upon mediator in San Francisco County. Should the parties not agree to a mediator, one shall be appointed by Alternative Dispute Resolution Services 50 Fremont Street San Francisco, CA 94105-2236, (415) 772-0900, or any other mediation services company approved by the parties. The parties each agree to pay the mediator 50% of the Mediator's hourly rate plus one half (1/2) the applicable administrative fees.
If the mediation does not lead to resolution, then the DISPUTE shall be determined, settled and resolved under a Judicial Reference pursuant to California Code of Civil Procedure section 638.
The Judicial Reference judge shall decide which matters may be addressed in the judicial reference procedure. The parties, and each of them, shall have one calendar year from the date of an act or omission constituting, or allegedly constituting, giving rise to a cause of action between the parties, to bring an action at law or equity regarding such act or omission and the related cause of action or dispute.
In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.