Terms of Service

[Effective: December 31, 2010]

PLEASE REVIEW THESE TERMS OF USE BEFORE USING THE HINCH NEWMAN LLP WEBSITE.  This is a legal agreement (the “AGREEMENT”) between you (“YOU” or “YOUR“) and HINCH NEWMAN LLP  (“HINCH NEWMAN”) regarding Your use of HINCH NEWMAN’s website and related non-legal services (collectively, the “WEBSITE”).  By using the WEBSITE, You represent and warrant that You have read and understood, and agree to be bound by, the Agreement and HINCH NEWMAN’s Privacy Policy (the “PRIVACY POLICY”).

By using the WEBSITE, You further represent and warrant that You are 18 years old or older, and that You are otherwise legally qualified to enter into contracts under applicable law.  IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, OR ARE NOT LEGALLY QUALIFIED TO ENTER INTO CONTRACTS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.

Changes / Modifications

Hinch Newman may, at any time revise this AGREEMENT or the PRIVACY POLICY by posting amended versions on the WEBSITE.  Hinch Newman will attempt to provide no less than thirty (30) days prior written notice on the WEBSITE.  Any changes will be effective immediately upon posting.  It is Your responsibility to review this AGREEMENT and the PRIVACY POLICY periodically.  IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE. Unless Hinch Newman obtains Your express consent, any revised PRIVACY POLICY will apply only to information collected by HINCH NEWMAN after such time as the revised PRIVACY POLICY takes effect.

Hinch Newman also may, at any time and without notice, modify or discontinue the WEBSITE.  You agree that Hinch Newman shall have no obligation of any sort in connection with any modification or discontinuance of the WEBSITE.

Informational Purposes Only

Hinch Newman hereby grants You a non-exclusive license to download and display the WEBSITE, and to reproduce the content located thereon, in each case solely for Your personal, non-commercial use.  Hinch Newman provides the WEBSITE for information purposes only. THE WEBSITE DOES NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, LEGAL ADVICE OR OPINION.

No Attorney-Client Relationship

YOUR USE OF THE WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND HINCH NEWMAN.  SIMILARLY, THE TRANSMISSION OF INFORMATION TO AND FROM HINCH NEWMAN BY MEANS OF THE WEBSITE IS NOT AN ATTORNEY-CLIENT COMMUNICATION. If You would like Hinch Newman to represent You, You should complete our Free Online Case Submission Form.  If the matter in connection with which You seek representation involves other parties, be sure to list each and every one of them on the online case submission form.  If Hinch Newman agrees to represent You, we will inform You by e-mail or telephone, and will provide an engagement agreement setting forth the basis of the representation.  Unless and until You have executed and returned that engagement agreement, and Hinch Newman has confirmed its receipt, no attorney-client relationship exists.

Unless an attorney-client relationship exists between You and Hinch Newman, You shall not represent to any third party, either directly or by implication, that You are represented by the Hinch Newman, or that Hinch Newman is in any way involved in Your matter.  Without limiting the foregoing, unless an attorney-client relationship exists between You and the Hinch Newman, You shall not copy Hinch Newman, or any attorney or employee of Hinch Newman, on any e-mails or letters in a manner that could reasonably be interpreted by any third party to mean that You are represented by Hinch Newman.

No Attorney-Client Privilege

BECAUSE YOU ARE NOT A CLIENT OF HINCH NEWMAN, INFORMATION PROVIDED BY YOU TO HINCH NEWMAN MAY NOT BE PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE. It is possible that Hinch Newman already represents, or in the future may represent, a party whose interests are adverse to Yours.  In that case, Hinch Newman may not be able to treat information received from You as privileged.

Communications Made to Third Parties by Means of the WEBSITE; Share this Page Feature

You acknowledge that any communications sent by You to third parties by means of the WEBSITE (for e.g. through a “tell-a-friend” form), whether by e-mail or otherwise, are not private, and such communications may be read by third parties with or without your knowledge.  Further, You agree that the content of any communications that you send to third parties by means of the WEBSITE shall be non-confidential and non-proprietary.  Hinch Newman reserves the right to use such communication for any purpose.

The “Share this Page” feature of the WEBSITE allows you to share information about Hinch Newman by sending e-mails containing links to certain WEBSITE pages.  If You choose the “Send this Page” feature, or similar feature, Hinch Newman will automatically send an e-mail on Your behalf to the indicated recipient.  Your name and e-mail address will appear in the “From” line of such e-mail, while the “Subject” line and body of the e-mail message will explain the e-mail’s contents.

Prohibited Uses

You represent and warrant that You will not use the WEBSITE to:

a.   Upload or transmit content that violates the privacy, intellectual property or other proprietary rights of any third party;

b.   Transmit viruses, Trojan horses, worms, malicious code or other harmful or destructive content;

c.   Violate this AGREEMENT, the PRIVACY POLICY or any applicable law or regulation, including without limitation laws designed to regulate unsolicited e-mail or other electronic advertising;

d.   Harm the goodwill or standing of Hinch Newman or any of its clients, partners, employees, affiliates, agents, contractors or representatives;

e.   Attempt to probe, scan, test or violate the security features of the WEBSITE or of any associated system or network, or to obtain unauthorized access to materials or other information stored thereon;

f.   Attempt to interfere with the use of the WEBSITE by any other user.

Hinch Newman reserves the right to cooperate fully in any investigation by law enforcement officials of any violation of this AGREEMENT.

Third-Party Websites

The WEBSITE may contain links to websites operated by third parties (“THIRD-PARTY WEBSITES”).  Hinch Newman does not have control over THIRD-PARTY WEBSITES, each of which may be governed by its own terms of service and privacy policy.  Hinch Newman has not reviewed, and cannot review, THIRD-PARTY WEBSITES, and therefore does not warrant or endorse any THIRD-PARTY WEBSITE or the content appearing thereon.  By visiting or using THIRD-PARTY WEBSITES, You assume all responsibility and liability for all resulting harms, whether to You or to any third party, including without limitation as resulting from Your downloading or use of any content, software or other materials available therefrom.

Consent to Receive E-mail from Hinch Newman

By becoming a client of Hinch Newman, You may consent to receive Hinch Newman’s periodic newsletter (the “Newsletter”), which Hinch Newman distributes by e-mail to Your address on file with Hinch Newman.  If You are not a client and/or would like to stop receiving Hinch Newman’s newsletter or other automated follow-up e-mails, You should click on the “opt-out” link contained in any of the e-mail newsletters or other automated follow-up e-mails.

Intellectual Property

The content located on the WEBSITE, including without limitation this AGREEMENT, is the copyrighted property of Hinch Newman or its licensors. Similarly, the Hinch Newman name, the HINCHNEWMAN.COM domain name, the registered service mark, “WHERE LAW, GLOBAL-BUSINESS, AND NEW MEDIA CONVERGE,” and all other names and logos used by Hinch Newman in connection with the offering of Hinch Newman’s goods and services are the trademarks and service marks, or registered trademarks or registered service marks, of Hinch Newman or its licensors. Except as explicitly permitted, neither Your use of the Website nor this AGREEMENT grants You any right, title or interest in or to Hinch Newman and Hinch Newman’s licensors’ copyrights, trademarks and service marks. Copyright © 2010 to the present, Hinch Newman LLP.  ALL RIGHTS RESERVED.

If You believe that material located on or linked to by the WEBSITE infringes one or more of Your copyrights, please immediately notify Hinch Newman by means of a fax to 866-449-4897  Your fax should include: a signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf; an identification of the copyright claimed to have been infringed; a description of the nature and location of the material that You claim to infringe Your copyright, in sufficient detail to permit Hinch Newman to find and positively identify that material; Your name, address, telephone number and e-mail address; and a statement by You (i) that You believe in good faith that the use of Your copyrighted material is not authorized by law, or by the copyright owner or such owner’s agent and, (ii) under penalty of perjury, that all of the information contained in Your faxed notice is accurate, and that You are either the copyright owner or a person authorized to act on their behalf.

Disclaimer of Warranties

HINCH NEWMAN HEREBY DISCLAIMS ALL WARRANTIES.  THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.”  TO THE MAXIMUM EXTENT PERMITTED BY LAW, HINCH NEWMAN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. OPERATION OF THE WEBSITE MAY NOT BE UNINTERRUPTED OR ERROR FREE.  YOU ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ALL HARMS, WHETHER TO YOU OR TO ANY THIRD PARTY, ARISING OR RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION AS RELATE TO ANY DAMAGE TO YOUR SYSTEMS OR DATA.

Limitation of Liability

THE LIABILITY OF HINCH NEWMAN IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HINCH NEWMAN SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF ANY ADVICE OR NOTICE GIVEN TO HINCH NEWMAN, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE. ADDITIONALLY, THE MAXIMUM LIABILITY OF HINCH NEWMAN UNDER ALL CIRCUMSTANCES WILL BE THE AMOUNT PAID BY YOU TO HINCH NEWMAN IN CONSIDERATION OF YOUR USE OF THE WEBSITE OR $25, WHICHEVER IS LESS. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN HINCH NEWMAN AND YOU. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

Indemnity

You agree to defend, indemnify and hold harmless Hinch Newman and its partners, employees, affiliates, agents, contractors and representatives (the “Hinch Newman Parties”) from and against all claims, losses, costs, damages, liabilities, and expenses (including without limitation attorneys’ fees) arising out of or relating to: (i) Your use of the WEBSITE; (ii) any violation by You of this AGREEMENT; or (iii) Your submission to Hinch Newman by means of the WEBSITE of incomplete, inaccurate or untimely information or other data.  The Hinch Newman Parties shall have the right, but not the obligation, to participate through counsel of their choice in any defense by You under this Section.

Termination

In the event of a breach by You, this AGREEMENT and all licenses granted thereunder shall automatically terminate, except that the following provisions will survive: No Attorney-Client Relationship, No Attorney-Client Privilege, Consent to Receive E-mail from Hinch Newman, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, and Communication Concerning Availability of Professional Employment.  Any termination of this AGREEMENT terminates all of Your rights to use the WEBSITE, including Your license to the content located thereon.

Without limiting any other provision of this AGREEMENT, Hinch Newman reserves the right to, in its sole discretion and without notice or liability, deny use of the WEBSITE to any person for any reason or no reason at all.

Communication Concerning Availability of Professional Employment

The WEBSITE and certain issues of the Newsletter are “communications” within the meaning of Rule 1-400 of the California Rules of Professional Conduct.  Neither this WEBSITE nor the Newsletter are intended as, nor should they in any way be construed as, “Solicitations” as also defined by that rule.  If You believe that the WEBSITE violates any applicable ethical rule, whether in Your jurisdiction or elsewhere, You should immediately leave the WEBSITE, and should disregard all information and other materials available thereon.

Choice of Law; Jurisdiction and Venue

The WEBSITE is located and operated by Hinch Newman in San Diego, California.  This AGREEMENT shall be interpreted and enforced as though executed in San Diego, and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles.  THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THE WEBSITE OR THIS AGREEMENT WILL BE THE STATE AND FEDERAL COURTS LOCATED IN SAN DIEGO, CALIFORNIA.  THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.

Entire Agreement; Amendment

This AGREEMENT constitutes the entire agreement between Hinch Newman and You concerning Your use of the WEBSITE.  This AGREEMENT may only be modified as stated above, or by amendment signed by an authorized representative of Hinch Newman.

Severability; Waiver

If any part of this AGREEMENT is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.  A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Assignment

This AGREEMENT and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of Hinch Newman.  Notwithstanding the foregoing, this AGREEMENT will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Relationship

Without limiting any other provision of this AGREEMENT, this AGREEMENT creates no agency, partnership, joint venture or employee-employer relationship between You and Hinch Newman.