FURTON LEGAL
                                      TERMS AND CONDITIONS

Last Updated: June 24, 2021

These Terms and Conditions inform, address and legally bind your Use of this Site and hire of any Services from Furton Legal. They include terms, policies and rules that govern: (A) Use of the Site; (B) hire of any Services; (C) limitations of any relationship between you and us; (C) your responsibilities, rights and the limits thereof; (D) limitations of our liability and responsibilities; and (E) legal notices and notifications related to the Services and Attorney. Before visiting or using furtonlegal.com or seeking to hire Services, please carefully read these Terms and Conditions and the Additional Terms.

These Terms and Conditions (“Terms”) are an agreement between You, Justine M. Furton, and Furton Legal. BY VISITING OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS. YOUR USE OF THE SITE CONFIRMS: (A) YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND LIMITATIONS; AND (B) THAT WE HAVE NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY. If you do not agree to these Terms, then you are expressly prohibited from Using this Site or hiring Services and you must discontinue all access and use immediately. Your continued Use of this Site serves as the act of electronically signing and agreeing to these Terms.

These Terms include disclaimers of warranties and limit the legal remedies available to you if you have an issue with the Site or Us. For example, they require the use of binding arbitration to resolve disputes, and require you to waive your rights to jury trials and class actions. Please pay special attention to provisions written completely in “ALLCAPS”, they may also limit your rights and remedies at law.

         Definitions
Please note that certain capitalized words and phrases (including when such capitalized words or phrases are written in “ALLCAPS”) have specific meanings in these Terms.

  • “Additional Terms” refer to additional terms and conditions which also govern your Use of the Site or Services hired in connection with this Site and are incorporated into and a part of these Terms. They include the following:

    • Attorney Advertisement;

    • Privacy Policy;

    • Terms and Conditions of thedocumentlawyer.com, to the extent you access The Document Lawyer site and products from this Site;

    • Any Engagement Agreement you enter into for Services from the Attorney or Furton Legal.

  • “Attorney”, “Mrs. Furton” or the “Owner” refers to Justine M. Furton.

  • “Electronic Communication” refers to any communications or information sent or submitted in connection with the Site, whether on the Site, or by telephone, facsimile, text, sms, chat, contact page, electronic mail, or via any kind of social media.

  • “Experienced” or the use of the word “experience” on this Site, or in relation to the Attorney, refer to licensed attorneys who have practiced law for more than 10 years, are in good standing with the state bar in each jurisdiction in which such attorney is licensed to practice, and who have no public record of discipline by a state bar. The term “experienced” as used on this Site does not mean “specialist” or imply any specialist qualifications and is not intended as comparison to any other attorney or law firm.

  • “Furton Legal” means the digital, limited services, law practice of Justine M. Furton, an attorney licensed to practice law in California and Michigan, who owns and operates this Site. Furton Legal also refers to the Site.

  • “Information” refers to the content and design of this Site, these Terms and the IP.

  • “IP” refers to the Site, Information, logos, URLs service marks, trademarks, trade dress, service mark applications, trademark applications, including the Marks, copyrights, written materials, content, pages, text, articles, posts, instructional guides, digital and downloadable files, all images, graphics, “look and feel of the Site”(which is the service mark, trademark and trade dress of Justine M. Furton), work product, documents, agreements, contracts, forms, drafts, illustrations, photographs, images, audio clips, music, sounds, videos, advertising copy, together with the design, selection, and arrangement thereof, and other material of the Site, including any electronic, digital and tangible physical copies thereof, created, prepared, owned or controlled by Us or licensed to the Attorney including without limitation: (A) all intellectual property rights and proprietary rights relating to any of the above; (B) rights in know-how, trade secrets and confidential or proprietary information; and (C) goodwill, franchises, licenses, permits, consents, approvals, and claims of infringement and misappropriation against third parties. IP expressly includes the Marks, logo, written materials, videos and the images on this Site, each of which are the property of Justine Furton, even when “©”, “™” or “®” are not displayed.

  • The “Marks” refer to the trademark and service mark protected properties of Justine M. Furton, including “Balancing Legalese with Your Business Needs™”, “Documents That Work For You™”, “The Document Lawyer™” and “thedocumentlawyer.com™” and any trade or service mark for which there exists a pending application for registration with the USTPO, including without limitation when “™” or “®” are not displayed with a Mark.

  • “Site” refers to “www.furtonlegal.com” website, all Information, pages, content, submissions, posts, articles, videos, graphics, design, logos, IP, and may refer to any linked website owned and operated by the Attorney, social media accounts and any other digital properties operated or used by the Attorney in the operation of Furton Legal, including any version available via smart phone, mobile or electronic device applications.

  • “Services” refer to the digital, limited legal services provided by the Attorney, hired under the terms of a fully executed legal service engagement agreement, and does not refer to any communications or interactions originating from or in connection with this Site.

  • “Terms” refer to these Terms and Conditions and all Additional Terms, including, without limitation all changes, updates, amendments, modifications, revisions, replacements or restatements which govern the access and use of the Site.

  • “Third-Party Service Provider” or “TPSP” refer to those vendors, business partners, service providers, web hosting services, payment processors, security providers, data and web analytics and marketing servicers, database management and web maintenance servicers, contractors, affiliates, and internet service providers that we may work with, hire or partner with to support the functionality of this Site.

  • “Use of this Site”, “Using this Site” or “Uses this Site” refer to and include: accessing, visiting, viewing this Site, the Information; creation of any user account; access to and use of any affiliate website through this Site; contacting Us (including via Electronic Communications); the hiring of any Services.

Additionally, the following words, whether capitalized or not, have the following meanings as used in these Terms:

  • “We”, “Us” “Our” or “I” refer to the Site, the Attorney, the Owner, our employees, consultants, contractors (including “of counsel” attorneys), affiliates, agents, representatives, partners, beneficiaries, heirs, assigns and successors.

  • “You” or “Your” refer to any party who, whether authorized or unauthorized, accesses or Uses this Site, and expressly includes without limitation, visitors, viewers, users, clients and account holders of this Site, their agents, representatives, employees, contractors, officers, affiliates, partners, members, managers, board members, shareholders, consultants, brokers, beneficiaries, heirs and successors.

NATURE OF THE SITE AND OFFERING OF LEGAL SERVICES

        Attorney Advertisement
This Site is an Attorney Advertisement. This Site, Furton Legal and The Document Lawyer, www.thedocumentlawyer.com are not a solicitation for legal services in any state where Justine M. Furton is not licensed or where prohibited.  The hiring of a lawyer is an important decision that should not be based upon advertisements.

      This Site Does Not Provide Legal Advice
This Site does not provide legal advice or services. This Site is not a law firm or a “lawyer referral service”. Neither this Site nor the Information are substitutes for the advice or services of an attorney.  While you may choose to hire the Attorney to provide Services subject to these Terms, unless and until you directly and specifically hire the Attorney (and the Attorney agrees to represent you) pursuant to a separate, fully executed, legal services engagement agreement (“Engagement Agreement”), no legal services are offered or provided by the Attorney. 

Neither the Site nor the Attorney draw legal conclusions, provide opinions, apply the law or make recommendations about your legal rights, remedies, options, or strategies based on the facts of your particular situation through this Site or absent an Engagement Agreement. We do not review any of your information through this Site. If you need legal advice for your specific situation or if you are not located in California, you should consult a licensed attorney in your state.

The Information provided on this Site is general in nature and does not apply to any particular situation, whether it be factual, legal, financial, tax related, insurance, or otherwise. Absolutely no tax advice is given or implied on this Site or by the Attorney.  Any tax matter or question you may have should be directed to a qualified tax attorney.

        Attorney Communication
The Site is a “communication” within the meaning of Rule 1-400 of the California Rules of Professional Conduct. Neither this Site nor any communication is intended as, nor should they in any way be construed as, “Solicitations” (as defined by Rule 1-400). If you believe that the Site violates any applicable rule of professional conduct, whether in your jurisdiction or elsewhere, you should immediately leave the Site and disregard all Information and other materials available at the Site.

         No Confidentiality
The Site includes contact forms, email and communication methods (including a phone number) through which you can request that we contact you. However, be aware that any information you voluntarily communicate to us, including via Electronic Communication, is not considered confidential or privileged and may be subject to disclosure, as required by law. Please do not send any sensitive or confidential information electronically or through this Site, we make no representation or guarantee that it will be held confidentially.

When you communicate with us, including by Electronic Communication, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries or requests for Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

         No Attorney-Client Relationship
Your Use of the Site, any form submission, communications (including Electronic Communications), does not and will not create an attorney-client relationship between you and the Attorney or the Site. THE TRANSMISSION OF INFORMATION BY OR IN CONNECTION WITH THIS SITE IS NOT AN ATTORNEY-CLIENT COMMUNICATION.

If you would like discuss Services or seek representation by the Attorney, please contact, call, or email support@furtonlegal.com. If the Attorney agrees to represent you, the Attorney will inform you by email or telephone, and will provide an Engagement Agreement setting forth the terms of the representation and the scope of the Services. Unless and until you have executed and returned that Engagement Agreement, paid any fee or retainer required, the Attorney has confirmed receipt, and agrees to represent you by countersigning the Engagement Agreement, no attorney-client relationship exists.  

Absent a fully executed Engagement Agreement, any communications, Electronic Communication, initial consultations or interactions with the Attorney are unprotected, not confidential and do not constitute legal advice or create an attorney-client relationship.

          Hire of Legal Services; Limitations
Furton Legal is strictly a California digital law office only offering limited transactional legal services. We do not guarantee any legal outcome or results in relation to any Services.

An attorney-client relationship is only established after Mrs. Furton expressly communicates the ability to represent you and an Engagement Agreement is fully executed in accordance with its terms.  Mrs. Furton may decline to represent you for any or no reason, including if a potential or actual conflict of interest exists, or if Mrs. Furton believes your legal needs cannot be adequately addressed through Services provided by Furton Legal.

Additional terms and conditions will apply to any hired Services, as provided in the Engagement Agreement. To the extent of any conflict between any terms of the Engagement Agreement and these Terms, the Engagement Agreement shall govern the attorney-client relationship with respect to the Services to be provided under the Engagement Agreement. These Terms will continue to govern your Use of the Site.

          Limited Scope Legal Services
If you hire Services pursuant to an Engagement Agreement, the scope of such Services will be defined in the Engagement Agreement.  Services provided will encompass only those Services identified within the Engagement Agreement and you should not expect Mrs. Furton to perform in any additional capacity. If the Services you hire are identified as the creation or modification of legal documents, it is not our responsibility to ensure the documents are properly executed and delivered, nor to verify the information you have provided to include in the documents, to fill in blank spaces on your behalf, attend any hearings or trials on your behalf, or provide any other Services beyond delivery of the documents identified in the Engagement Agreement. After delivery of the Services identified in the Engagement Agreement, Mrs. Furton has no further obligation to you. You may, however, seek to hire further Services for appropriate legal work outside the Scope of the Engagement Agreement, subject to the limitations set forth here, in which case additional fees, alternative payment terms, or a modification to the Engagement Agreement may be required. 

        No Litigation Representation Offered or Available
Furton Legal and Justine M. Furton will not: (A) provide legal representation (physical or virtual) in any dispute, cause of action, litigation, lawsuit, mediation, arbitration, case, regulatory proceeding or any kind of courtroom (or adjudicated) legal services (collectively, but not exclusively, referred to as “Legal Proceeding”); (B) continue or commence any Legal Proceeding for you; nor (C) make court, legislative or regulatory agency appearances with you or on your behalf.  Because of practice experience and lack of resources, Furton Legal cannot adequately represent any client whose legal matter involves, anticipates, is likely to, or potentially involve, or commence a Legal Proceeding.

If you hire us to draft agreements intended to avoid litigation (such as a settlement agreement), you understand that Mrs. Furton cannot represent you in any Legal Proceedings arising in relation to such agreements.  By hiring Furton Legal, you agree that it is your responsibility to proceed as a pro per litigant or hire appropriate litigation counsel for any Legal Proceeding. To the extent commercially reasonable, provided no conflict of interest exists and provided such Legal Proceeding is not being pursued against Us, we will, at no cost to us, cooperate with a Legal Proceeding you initiate related to this Site.

You should not seek representation from the Attorney for any Legal Proceedings. If your inquiry or matter requires, anticipates, or may involve an existing dispute or potential Legal Proceeding, Mrs. Furton cannot and will not represent you, and has no obligation to respond to such inquiry.

         Jurisdictional Limitations
Justine M. Furton is licensed to practice law in California and Michigan. Furton Legal and this Site offer limited, digital, legal services only in California.  Mrs. Furton will not take any client that is not legally operating or domiciled in California, seeking representation under California law. You may only seek to hire the Attorney if doing so complies with the laws of your jurisdiction(s). If you seek to hire Services in a state where the Attorney is not licensed to practice law, the Attorney will not be able to represent you. You should seek advice and representation from lawyers, licensed to practice in your jurisdiction.

You may only Use this Site if doing so complies with the laws of your jurisdiction(s). The availability of this Site in your jurisdiction(s) is not an invitation, solicitation or authorization to Use the Site, or hire Services in any manner that violates your local laws and regulations. By Using this Site, you accept sole responsibility to ensure that you or anyone else who accesses your account does not violate any applicable laws in your jurisdiction(s).

By Using this Site, you accept sole responsibility to ensure that you or anyone else who accesses your account does not do so in violation of any applicable laws in your jurisdiction(s). To enforce this provision, we reserve the right to refuse Use of the Site, and to suspend or terminate your account immediately and without prior notice.

        Inquiries
This Site is not an attorney referral service and does not provide any referrals. If you communicate with us expecting or requesting legal services outside the scope of the limited services offered here, or seeking or offering any sort of attorney referral service, Furton Legal will not respond.

BY USING THIS SITE OR SEEKING TO HIRE SERVICES, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO US THROUGH THE SITE MAY CONSTITUTE AN INQUIRY, AND THAT WE MAY, BUT HAVE NO OBLIGATION TO, CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).

          Attorney Is Not A Specialist
The Attorney is not a specialist. In the State of California, any attorney that calls themselves a “specialist” must be so qualified by the State Bar of California. Use of the terms “experience” and “experienced” do not mean “specialist”, do not imply any specialist qualifications and are not intended as comparison to any other attorney or any law firm. No outcome of any Service or related to this Site are guaranteed.

         Client Funds
Terms of payment for Services will be set forth in a fully executed Engagement Agreement. Some Services may require a retainer fee, paid up front before Furton Legal is able begin any representation or work. In situations where a flat fee is required, generally, the flat fee will be due at the time the Engagement Agreement is executed and before any representation begins or any Services can be commenced, but portions of such flat fee that exceed $1,000.00 shall be held in trust by the Attorney in accordance with applicable state bar rules, as further detailed in the Engagement Agreement.  Hourly rate fees shall be billed in accordance with, and governed by, the Engagement Agreement. In the event you have purchased a Product from ww.thedocumentlawyer.com, and are hiring Services to modify such document, Furton Legal may, but shall have no obligation, to credit the cost of the Product against the fees for such Services. Once all fees are paid to Furton Legal, a client will have access to the legal advice, documents and file materials prepared on the client’s behalf.

AUTHORIZED USE OF THIS SITE & SERVICES

         Use Limited to Persons Aged 18 and Older
Use of this Site and the hire of Services are intended for general audiences 18 years of age and older in the states where the Attorney is licensed. Access or use by anyone younger than 18 years of age is unlawful and unauthorized. THIS SITE SPECIFICALLY PROHIBITS ACCESS OR USE TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.

         License Grant
Provided that you are eligible to use the Site, and subject to your continued acceptance of and agreement to be bound by these Terms, you are granted a personal, revocable, limited, non-exclusive, non-transferable license to Use the Site. You may use the Site for your noncommercial, personal, or internal business use and for no other purpose. This license terminates automatically without notice if you breach any of these Terms. A breach of any Engagement Agreement you have executed is a breach of these Terms.

We reserve the right to terminate, restrict or suspend any user’s access to the Site, and/or to terminate this license at any time for any or no reason. We reserve any rights not explicitly granted in these Terms, and do not grant any rights to you except those explicitly set forth herein.   There is no grant of any license to use, download, print, reverse engineer, modify, disassemble or convert the digital format of any The Document LawyerProduct.

The Site or any portion thereof may not be used in connection with any commercial endeavors except those that are expressly endorsed or approved by Furton Legal in writing. Use of this Site does not entitle you to resell any documents the Information or any portion or derivative thereof.

          User Responsibility
If you Use this Site, create an account, or seek to hire Services through communications originating in connection with the Site, you are responsible for your own conduct and activities on, through or related thereto.  We do not control, are not responsible for and make no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform all necessary, appropriate and prudent investigation, inquiry, research and due diligence with respect to any user or user conduct, including users of your account.

          User Account Responsibility
If you create an account on this Site, you are responsible for all conduct and activities on, through or by use of your account. By the creation of an account, access or Use of the Site, you agree that you may receive communications, including Electronic Communications, from us.

When you communicate with us, create a user account, or access certain portions of this Site, you must provide complete and accurate information. You may also be asked to provide a user name and password. You are solely responsible for the maintaining the confidentiality of your password. You may not use a third party’s account, user name or password at any time. You agree to notify us immediately by email, upon learning of any unauthorized use of your account, user name or password. We will not be liable for any damages or losses you incur as a result of any third party use of your account or password, either with or without your knowledge. You are responsible and may be held liable for any damages or losses incurred by Us due to any third party use of your account or password, even if such use was not authorized by you.

By Using the Site or creating an account, you represent and warrant that: (A) all account information you submit will be true, accurate, current, and complete; (B) you will maintain the accuracy of such information and promptly update such information as necessary; (C) you have legal capacity and agree to comply with these Terms; (D) you are not under 18 years of age or a minor in the jurisdiction in which you reside; (E) you will not access or Use the Site through automated or non-human means, whether through artificial intelligence, algorithm, bot, script or otherwise; (F) you will not Use the Site for any illegal or unauthorized purpose; and (G) your Use of the Site will not violate these Terms, any applicable law, rule or regulation.

You understand that you can remove yourself from promotional communications by clicking the “Unsubscribe” link in the footer of the actual communication. You cannot opt out of essential communications, such as billing, regarding Services, or your account.

        Unauthorized Use, Access, and Activities
Your Use of the Site is for informational and personal purposes only. You agree you will not copy, distribute, publish, transmit, sell, transfer, display, post, convert, reverse engineer, modify, create derivative works from or exploit the Site in any way.

Use of this Site and related activities that are harmful to, inconsistent with or disruptive of the Site, other users or our beneficial use and enjoyment of the Site are unauthorized, expressly prohibited and may result in termination of your Use of the Site. You agree to indemnify, defend and hold us harmless for any and all unauthorized or prohibited uses of this Site caused by you or arising in relation to your Site account. 

Prohibited uses of this Site include any access, act, use, hire, upload, download, conversion, display, performance, transmission, sale, transfer, publication, posting, content, modification, exploitation, dissemination, distribution or other act that:

  • is defamatory, annoyance, abusive, harassment, intimidation, stalking, threatening, harmful or otherwise a violation of the legal rights of another, including any alleged or actual violation of California Penal Code Sections 288.2, 422, 646.9, or 653(m);

  • involves, advocates, assists or encourages conduct that may constitute a criminal offense;

  • is considered, in the Attorney’s sole opinion, inappropriate, profane, obscene, pornographic, prurient, indecent, or unlawful, including any alleged or actual violation of California Penal Code Sections 288.2, 647, or 653(m);

  • advertises or is a solicitation for goods or services, or otherwise solicits funds from anyone;

  • creates or uses a false or deceptive identity, impersonates another, represents yourself as someone else, use of an unregistered fictitious name or “DBA”, involves the unauthorized use of a third-party user name or account, the unauthorized execution of an agreement as someone else or on behalf of someone else (including electronic signature), or use of other falsification of any user information, including without limitation access or Use of the Site in the commission of identity theft, or any alleged or actual violation of California Penal Code 530.5;

  • defrauds, deceives, or mislead us or other Site users, including any attempt to learn sensitive account information such as usernames, account passwords, transaction data, financial data;

  • disparages, defames, tarnishes or is harmful (in our sole and exclusive opinion) to the reputation of the Attorney, the repute, value or utility of the Attorney, the Services, Furton Legal, The Document Lawyer, any Product, www.thedocumentlawyer.com, and/or the Site, or interferes with the business of the Attorney;

  • copies, displays, converts, decompiles, reverse engineers, distributes, performs or creates derivative works from the Site;

  • deletes, removes or hides any significant attributions, marks, copyright or intellectual property identifiers, or other proprietary rights notices from the Site, Information or the IP;

  • is used in any effort (including for any revenue-generating endeavor, commercial enterprise, or the use of our IP for any content or advertising) to compete with the Site, www.thedocumentlawyer.com or Us;

  • sale, assignment or transfer of your user account;

  • interferes with, circumvents or disables any technological restriction, security measure or feature on the Site, including features that prevent or restrict access or which enforce restrictions or limitations on the Use of the Site;

  • launches, develops, aggregates, copies, distributes or involves (whether done directly or through intermediaries) any automated access or use of the Site including without limitation, any scripts or any spider, cheat utility, robot, scraper, crawlers, data mining, iframes, RSS feeds, offline reader or similar data gathering and extraction tools;

  • systematically harvests, retrieves or otherwise collects data, Information or other content from or about the Site, users, either individually or in the aggregate, including without limitation, user personal information (including but not limited to user names, passwords, email addresses, IP addresses, mailing addresses, billing addresses, payment information, and telephone numbers), for the purpose of: (A) sending unsolicited communications; (B) the creation of user accounts by automated means or under false pretenses; or (C) to create or compile, directly or indirectly, a collection, compilation, database, or directory; (D) fraud or identity theft; or (E) any criminal or illegal activity;

  • upload, install, enable or transmit viruses, ransomware, code, malware, worms, keyloggers, bots, spyware, adware, mobile adware, trojans, other security threat to the Site, spam, including excessive use of capital letters, fraudulent content, clickbait, fake accounts, continuous posting of repetitive text, unsafe links, (collectively “Malware”) that interferes with the Use of the Site or any user’s uninterrupted use and enjoyment of the Site, or any Malware that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site, or that acts as a passive or active information collection or transmission mechanism;

  • involves the framing of or linking to the Site;

  • interferes with, disrupts, or imposes undue burden (such as a DDOS attack) on the Site, networks, servers, the operation and functionality of the Site or Services, use by any third party, our hosting provider, or any services connected to or used in the functionality of the Site including, without limitation, via means of submitting a virus to the site, overloading, “flooding”, “mail bombing” or “crashing” any portion of the Site;

  • deciphers, decompiles, disassembles, copies, adapts or reverse engineers any of the code or software comprising or in any way making up a part of the Site, including but not limited to PHP, HTML, HTML5, JavaScript, or other code used in the design, content, security or functionality of the Site;

  • involves acts inconsistent with our uninterrupted use and enjoyment of the Site, or operation of the Site;

  • involves acts that may impair or interfere with the integrity, functionality, performance, usefulness, usability, of all or any part of the Site;

  • involves access or attempts to access any Services you have not hired and purchased or which the Attorney has not intentionally made available to you;

  • gives rise to civil liability;

  • violates any applicable local, state, national or foreign law or regulation; or

  • involves any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities.

Additionally, the following uses of the Site are prohibited:

  • Uses involving any legal matter determined to be frivolous, immaterial, lacking in sufficient merit to warrant pursuit, involve the laws of a foreign jurisdiction, or which has been raised an excessive or unreasonable number of times without any change in circumstance;

  • Uses involving any legal matter that involves any crime, or attempted crime;

  • Uses involving any legal matter for which you are currently or prospectively represented by legal counsel;

  • Uses involving any legal matter that directly or indirectly involves the Attorney or the Site, other than as your counsel; or

  • Uses involving any legal matter in which the Attorney has a conflict or adverse interest.

As a limited exception to these use prohibitions, general purpose internet search engines and noncommercial public archives will be entitled to access the Site without fully executed written agreements with us that specifically authorize such exception, if, in all cases and instances: (A) they provide a direct hyperlink to the relevant webpage, Information or content; (B) they access the Site from a stable IP address in the State of California, United States of America, using an easily identifiable agent; and (C) they comply with our robots.txt file. We may terminate this limited exception as to any search engine or public archive, or any party relying on this provision, at any time, for any or no reason.

           Compliance with Export Restrictions
You may not access, download, use or export the Site, or Information in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required.

DISCLAIMERS; LIMITATIONS OF LIABILITIES

          No Warranty; No Reliance
THE SITE, INFORMATION AND ALL SERVICES OFFERED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT THIS SITE OR ANY INFORMATION USED BY YOU, OR ANY SERVICES HIRED IN CONNECTION WITH THE SITE, OR ANY RELIANCE THEREON, WILL: (A) MEET YOUR NEEDS OR EXPECTATIONS; (B) BE AVAILABLE ON AN UNINTERRUPTED; TIMELY, SECURE OR ERROR-FREE BASIS; (C) DELIVER ANY PARTICULAR RESULTS OR PROTECTIONS; OR (D) BE ACCURATE OR RELIABLE.

OBTAINING ANY INFORMATION OR SERVICES THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. THIS SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, BUSINESS, LEGAL, TAX OR FINANCIAL ADVICE OR DECISIONS WITHOUT REVIEW AND CONSULTATION OF AN ATTORNEY LICENSED IN THE APPROPRIATE JURISDICTION.

          No Guarantee
WE DO NOT GUARANTEE: (A) THE FUNCTION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THAT THIS SITE, OR ITS HOSTING SERVICE, ITS PLATFORM, TPSP, SERVERS OR ANY RELATED TRANSMISSION EQUIPMENT, (INCLUDING ANY WIRELESS EQUIPMENT OR TRANSMISSIONS) WILL BE FREE OF DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) THAT SUCH FUNCTIONS OR DEFECTS WILL BE CORRECTED, EVEN IF WE ARE AWARE OF THEM.

        Limitations of Liability; No Consequential Or Punitive Damages
WE SHALL HAVE NO RESPONSIBILITY FOR ANY INJURY, DAMAGE OR LOSS ARISING IN CONNECTION WITH THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION: (A) USE OR PERFORMANCE OF ANY INFORMATION OR SERVICES (B) DEFECTS OR ERRORS IN CONTENT, COMMUNICATIONS, OR INFORMATION; (C) DOWNLOADING FAILURES OR DEFECTS; (D) ANY THIRD PARTY ERROR OR INTERFERENCE, INCLUDING ANY ACTION, ERROR OR OMISSION OF A TPSP; (E) ERROR OR FAILURE IN TRANSMISSION OR COMMUNICATION INCLUDING ELECTRONIC COMMUNICATIONS; (F) ANYTHING CAUSED BY ANY VIRUS, BUGS, RANSOMWARE, HUMAN OR ARTIFICAL INTELLIGENCE, OR ALGORITHM; (G) DAMAGE TO OR LOSS OF EQUIPMENT, COMPUTER SYSTEM, PHONE LINE, WIRELESS EQUIPMENT, ROUTERS, HARDWARE, APPLICATION, SOFTWARE OR PROGRAM MALFUNCTIONS (INCLUDING CLOUD BASED APPLICATIONS); (H) DEFECTS, DELAYS, OMISSIONS, INTERRUPTIONS OR FAILURE OF ELECTRONIC COMMUNICATIONS, TRANSMISSIONS OR NETWORK CONNECTIONS; (I) DELETIONS OR LOSS OF DATA WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, TRANSMISSION OR COMMUNICATION EQUIPMENT FAILURE, THEFT, DESTRUCTION; OR (J) UNAUTHORIZED ACCESS TO THIS SITE, IT’S RECORDS, INFORMATION, CONTENT, IP OR ANY USER INFORMATION OR ACCOUNT, EVEN IF WE ARE MADE AWARE OF THEM.

IN THE EVENT YOU DISPUTE THESE TERMS OR ARE DISSATISFIED WITH THE SITE YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE SITE, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE.

IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES (INCLUDING BREACH OF THESE TERMS), YOU AGREE THAT THE AMOUNT OF RECOVERY IS LIMITED TO THE GREATER OF $100.00 OR THE AMOUNT, IF ANY PAID, BY YOU TO US. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR USE OF THIS SITE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED $100.00, EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOESN’T FULLY COMPENSATE YOU.

IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM: (A) USE OF THIS SITE; (B) SITE PERFORMANCE, SITE SECURITY, ERRORS OR OMISSIONS IN: (i) THE SITE’S TECHNICAL OPERATION, OR (ii)  DISCLOSURES OF ANY SENSITIVE PERSONAL OR CONFIDENTIAL INFORMATION SUBMITTED THROUGH OR IN CONNECTION WITH THE SITE; (C) LOSS OF USE, DATA, BUSINESS, OR PROFITS; (D) ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH: (i) THE USE OF THIS SITE, OR (ii) ANY WEBSITE OR PAGE REFERENCED OR LINKED TO OR FROM THIS SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF THE CONSEQUENCES WERE FORESEEABLE, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

YOU AGREE AND UNDERSTAND THAT THE DAMAGES LIMITATIONS SET FORTH IN THESE TERMS AND CONDITIONS ARE FAIR, REASONABLE AND APPROPRIATE AND PROPORTIONATE TO THE ASSOCIATED RISK OF USING THIS SITE.  THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THESE REMEDIES DO NOT FULLY COMPENSATE YOU. YOUR USE OF THE SITE CONFIRMS: (A) YOUR ACCEPTANCE OF THESE TERMS; (B) LIMITATIONS; AND (C) THAT WE HAVE NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT OF SUCH PROHIBITIONS, ALL OR PORTIONS OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF A DAMAGES LIMITATION IS FOUND TO BE UNENFORCEABLE BY APPLICABLE LAW, THEN, ONLY TO THE EXTENT IT IS FOUND TO BE INAPPLICABLE, SUCH DAMAGES LIMITATION SHALL NOT APPLY.

         Indemnification
THIS SECTION SHOULD BE READ CAREFULLY, IT PROVIDES THAT IN SOME CIRCUMSTANCES, YOU WILL BE RESPONSIBLE FOR OUR COSTS.  Except where prohibited by local law, You will defend, indemnify and hold the Attorney, the Site, the Owner, our agents, representatives, employees, affiliates, partners, contractors, TPSPs, consultants (including any “of counsel” parties), assigns and successors (collectively “we” or “us”) harmless for all claims, demands, costs, expenses, liabilities, damages (including any personal injury, death, property damage, indirect, punitive, special, incidental, or consequential damages), attorney fees, costs and expenses of any legal proceedings, arbitration and litigation (including trial or appeal, if any) which arise related to: (A) Your Use of this Site, including in any state where the Attorney is not licensed; (B) any action in contract, negligence or other tortious claim, or arising in connection with Your Use of this Site; (C) unauthorized use, modification, dissemination or distribution of all or any portion of the Site or Information; (D) Your breach of these Terms; and (E) any violation of any federal, state, or local laws, statutes, rules or regulations related to or arising in connection with Your Use of the Site.

          Release
You, on behalf of yourself and your agents, representatives, employees, officers, board members, affiliates, partners, members, shareholders, contractors, brokers, executors, successors, heirs and assigns, fully release, forever discharge, and hold Us harmless from any and all losses, damages and injuries (including death), costs, expenses (including attorney fees, related costs and expenses) rights, claims, and actions of every kind, direct or indirect, whether known, unknown, suspected, or disclosed, arising out of or in connection with the Site or interactions related to the Site, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

By your continued Use of the Site, you agree that this release is freely and voluntarily consented to and you confirm that you fully understand what you are agreeing to.

YOUR USE OF THE SITE OR THE HIRE OF SERVICES IS YOUR EXPRESS AGREEMENT AND ACKNOWLEDGEMENT THAT THE FOREGOING DISCLAIMERS, LIMITATIONS OF LIABILITY, INDEMNIFICATIONS AND RELEASE FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE US AND YOU.

DISPUTE RESOLUTION

It is important to us that we promptly address any issues you might encounter. We want to work with you find ways to satisfy problems as quickly and reasonably as possible. Should you have questions, concerns or need to resolve an issue with the Site or a dispute with us, we request that you first call us at 888-336-3627 or email us at support@furtonlegal.com .

If such communications do not resolve your issue, this Dispute Resolution section provides the terms, procedures, limitations, and remedies for resolving any dispute, controversy or claim you may have with Us. BY USING THIS SITE OR HIRING SERVICES, YOU AGREE TO THESE DISPUTE RESOLUTION TERMS AND PROCEDURES.

         Informal Discussions; Request For Resolution
Before initiating any legal proceeding, you agree to first discuss the matter informally with us for at least 30 business days from the date we receive your written “Request for Resolution” (“30-Day Period”) which must be delivered to us in two ways: (1) by first class US mail, postage prepaid to: Furton Legal 24551 Del Prado #3, Dana Point, CA 92629  Attn: Justine Furton; and (2) by email to support@furtonlegal.com.

Your written Request for Resolution must clearly include: (A) your full name; (B) account user name (if you have one); (C) contact information, including your: main address, phone number and any email address used in connection with your account, in the Use of the Site or Services; (D) your detailed concern, including any facts you believe are pertinent to your concern and claim; (E) copies of all documentary evidence in support of your claim; and (F) your proposed solution. Your Request for Resolution must state “Request for Resolution” in the subject line and must be delivered to us at both the mailing and electronic mail addresses set forth above.

Informal discussions or any settlement discussed during this 30-Day Period: (A) do not constitute any admission of wrongdoing or liability; (B) are protected, confidential communications and not admissible in any judicial or non-judicial proceeding for any purpose including to the maximum extent protected under California Evidence Code sections 1115-1128, 1152, 1154 and Federal Rule of Evidence 408 (to the extent applicable); (C) are made expressly and only for purposes of settlement; and (D) are expressly revoked if a final release and settlement agreement is not fully executed by the parties prior to the commencement of any arbitration or other legal proceeding.  All negotiations, communications, offers of settlement and informal discussions hereunder shall be confidential and shall be treated as compromise and settlement negotiations. Nothing discussed or disclosed, nor any document produced, in the course of such negotiations, communications, offers of settlement and informal discussions that is not otherwise independently discoverable shall be offered or received as evidence or used for impeachment or for any other purpose at trial or in any current or future arbitration, mediation or other proceeding. Nothing discussed or disclosed pursuant to this section is intended to be, nor should be, construed as an admission, waiver, or limitation of anyone’s legal or equitable rights, remedies or defenses, which are expressly reserved as permitted and limited by these Terms. 

In the unlikely event we are unable to resolve a dispute through informal discussions, the dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration. You agree to resolve disputes or issues you may have related to the Site or Services without the intervention of the judicial system and specifically, you agree to waive any right to a Trial by Jury. You understand that these provisions, waive your rights to sue in court or have a jury trial.

YOU AGREE TO BEGIN ANY ARBITRATION OR ANY LEGAL PROCEEDING, CAUSE OF ACTION, CLAIM WITHIN ONE (1) YEAR OF THE DAY YOUR CLAIM OR CAUSE OF ACTION FIRST AROSE, OTHERWISE, ALL OF YOUR CLAIMS ARE WAIVED.

BINDING ARBITRATION
         JAMS    
As an essential condition to your Use of the Site or hire of Services, you agree to resolve your disputes through binding arbitration via JAMS Alternative Dispute Resolution (“JAMS”). JAMS will administer any arbitration under its Streamlined Rules found here [https://www.jamsadr.com/rules-streamlined-arbitration/] in accordance with the Consumer Arbitration Minimum Standards found here [https://www.jamsadr.com/consumer-minimum-standards/] (collectively the “Rules”), as those Rules exist on the effective date of these Terms. The Arbitrator is bound by these Terms, including without limitation, all damages limitations.

         Location; Notice  
All arbitration will be held in Orange County, California. A party seeking arbitration must first send to the other, by a reputable, nationally available overnight courier service (delivery fees prepaid) a written “Notice of Arbitration” in form and substance required here. Any Notice of Arbitration must: (A) confirm that the 30-Day Period has expired without resolution by informal discussions or settlement and must clearly include: (i) your full name, (ii) contact information: main mailing address, phone number, Site user name and all email addresses used with your account, in the Use of the Site, (iii) detailed description of your concern, including any facts you believe are important to your concern and claim, (iv) copies of relevant documentary evidence in support of your claim, including your original Request for Resolution; (B) copy of any Product purchased from www.thedocumentlawyer.com (if any); and (C) be sent to us at: 24551 Del Prado #3, Dana Point CA 92629 Attn: Justine Furton, with electronic mail copy to support@furtonlegal.com.  Our notice addresses may from time to time be changed without any obligation to deliver notice thereof. Any notice to you shall be sent to your address as set forth in our records of account.

        Selection of Arbitrator     
Within 10 business days of confirmed delivery of any Notice of Arbitration each party agrees to provide to the other party a list of two available arbitrators that have adequate experience in the subject matter of the dispute. Each party may strike one of the names on the other party’s list. Failure to strike one of the names within 10 business days of receipt of an arbitrator list, waives the right to strike any name.  The parties will select an arbitrator out of the remaining arbitrator names (the “Arbitrator”). If the parties cannot mutually agree on one Arbitrator within 10 business days, JAMS will choose the Arbitrator randomly from the remaining arbitrators.

        Costs       
The cost of the Arbitrator and the arbitration proceedings shall be paid by the parties in equal proportion. Each party will be responsible for its own costs, expenses, attorneys, discovery, witnesses, experts. Consumers may apply to JAMS for a waiver of fees, to the extent such is permitted.

          Arbitrator’s Exclusive Authority
The Arbitrator (not any federal, state, or local court or agency) shall have exclusive authority to resolve any dispute relating to the Site, Services, interpretation, applicability, or enforceability of these Terms including, but not limited to, any claim that all or any portion of these Terms are void or voidable.

        Confidentiality
All aspects of any informal discussions, settlement discussions or offers, arbitration proceedings, and any ruling, decision or award by the Arbitrator: (A) are protected, confidential communications and not admissible in any judicial or non-judicial legal proceeding for any purpose including to the maximum extent protected under California Evidence Code sections 115-1128, 1152, 1154 and Federal Rule of Evidence 408 (to the extent applicable); (B) do not constitute any admission of wrongdoing or liability; (C) are made expressly and only for purposes of settlement; and (D) are expressly revoked if a final release and settlement agreement is not fully executed by the parties prior to the commencement of any arbitration or other legal proceeding.

           Limitations        
Any informal discussions, settlement discussions, offers, awards, findings of fact, rulings or conclusions of law made in any arbitration of any dispute or claim are made only for the purposes of that arbitration, and may not be used by any other person or entity in any other arbitration, legal proceeding, appeal, dispute or claim.

If your claim is for $10,000.00 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the Arbitrator by electronic hearing or by an in-person hearing, as established by the Rules. Whether you choose to proceed either in person or electronically, we may choose to respond only by electronic, telephone or document submission. If your claim exceeds $10,000.00, the Rules will determine whether you have a right to an in-person hearing.

THE ARBITRATOR(S) IS BOUND BY THE LIMITATIONS OF LIABILITY PROVIDED UNDER THESE TERMS AND MAY NOT AWARD RELIEF: (A) IN EXCESS OF WHAT THESE TERMS AWARD; (B) EXPRESSLY PROHIBITED OR LIMITED HEREUNDER; OR (C) FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS. FURTHER, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

If the Arbitrator does not award you damages, or finds that: (A) the substance of your claim lacks merit; (B) the substance of your claim or the relief sought is frivolous or brought for an improper purpose; or (C) sanctions are appropriate as measured by the standard set forth in Federal Rule of Civil Procedure 11(b), then you agree to promptly reimburse us for all our expenses, costs and attorney fees. Further, if you initiate an arbitration in which you seek more than $10,000.00 in damages, the payment of our expenses, costs and attorney fees will be your responsibility if you are the non-prevailing party or are awarded an amount less than $5,000.00. Under no circumstances will we be responsible for any of your expenses, costs or attorney fees unless we: (A) initiated arbitration (where you have not first initiated any dispute, informal discussions, arbitration, legal proceeding, or sought a remedy under these Terms); and (B) are found by the Arbitrator to be the non-prevailing party. Anything to the contrary notwithstanding, reimbursement of costs, expenses, attorney fees and any award may be entered against a party who fails to appear at a properly noticed hearing.

           Waiver of Class Actions and Class Arbitrations 
You may only resolve disputes, including arbitrations, with us on an individual basis and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Any rights you may have to federal or state class actions, class arbitrations, private attorney general actions, and consolidation with other arbitrations are expressly waived. Your claims may not be joined with any other claims and there will be no authority for any dispute to be arbitrated or adjudicated on a class-action basis or brought by a purported class representative or any other proceeding in which any party acts or proposes to act in a representative capacity.

          Future Changes to These Terms
We may make changes to these arbitration terms at any time, for any or no reason. Such changes will be noticed in writing evidenced by the date “Last Updated” in the beginning of these Terms. Changes will not apply to any dispute of which we received proper, written Notice of Arbitration before the effective date of the change. If we seek to terminate this arbitration provision, any such termination will not be effective until the 30th day after the date Last Updated as provided on the Site (“Date of Termination”), and shall not be effective as to disputes of which we received proper written Notice of Arbitration prior to the Date of Termination.

It is important that you understand that the Arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If you’re not sure what any or all of this means, please ask an attorney.

       Exceptions to Binding Arbitration                
You agree that the following causes of action are not subject to the binding arbitration provisions of these Terms:

  • Either party may assert claims, if qualified, in small claims court in Orange County, California without first engaging in the binding arbitration process required in these Terms.

  • Any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, abuse or unauthorized Use of the Site, IP or Information.

  • Any disputes seeking to enforce or protect, or concerning the validity of or any of our intellectual property rights.

  • Any disputes related to or arising out of the use or termination of your account or Use of the Site.

  • Injunctive relief as further detailed in the provision below.

If these informal dispute resolution or binding arbitration provisions are found to be illegal or unenforceable, then neither party will elect to arbitrate any dispute falling within that unenforceable or illegal portion of this provision and such dispute shall be decided by a court of competent jurisdiction within the federal or state courts of Orange County, California and the parties agree to submit to the personal jurisdiction of that court.

These dispute resolution provisions will survive termination of these Terms or Your Use of this Site.

     Injunctive Relief
The binding arbitration provisions of these Terms will not apply to any original legal action taken by the Attorney to seek injunctive or other equitable relief in connection with or relating to the Site, IP, Information, intellectual property rights, the Site’s operations, any unauthorized or prohibited use of the Site or any violation or breach of these Terms (collectively, “Injunctive Relief Claim”).

You acknowledge and agree that any Injunctive Relief Claim, may cause us immediate, irreparable harm and damages. Consequently, we have the right to, and may in our discretion, obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any Injunctive Relief Claim. In addition to any and all other remedies available to us in law or in equity, we may seek specific performance to prevent breach of or enforce any provision of these Terms, including but not limited to preliminary or permanent injunctive relief.

In addition to any injunctive relief we seek, you agree to pay to us the total amount of all damages including but not limited to direct, indirect, consequential, incidental damages, lost profits and our actual attorney fees, expenses and costs) arising in relation to any Injunctive Relief Claim for which you bear any responsibility.

          Prevailing Party Attorney Fees
Subject to the limitations of liability provided in these Terms and except as otherwise prohibited herein, in the event of any dispute commenced by You, or arising in relation to any provision of these Terms, Use of the Site, or Services, the prevailing party in such proceeding shall be entitled to recover their reasonable attorney fees and costs, collectively not to exceed $3,000.00.  For any dispute or action commenced by You without first attempting to resolve the matter through good faith informal discussions, or if you refuse to participate in binding arbitration (through award and any appeal), then that you shall be prohibited from recovering any costs, expenses or attorney fees, even if they would otherwise be available to you in any such action.

OWNER RESERVATION OF RIGHTS

         Intellectual Property
The Site, IP, Marks and Information (collectively herein the “IP”) are the intellectual property of the Attorney. All right, title and interest in and to the IP are owned, controlled by or licensed to the Attorney, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Marks: “Balancing Legalese with Your Business Needs™” and “Documents That Work For You™”, “The Document Lawyer™” and “thedocumentlawyer.com” are the trade/service mark protected intellectual property of Justine M. Furton, unauthorized use is expressly prohibited here and all rights are hereby reserved. The Marks may not be used in connection with any good, product or service that is not provided by Justine M. Furton, or in any manner that is likely to cause confusion amongst consumers or in any manner that disparages or discredits Furton Legal, Justine M. Furton, thedocumentlawyer.com website or the Products (as defined thereunder).

The IP is provided “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the IP may be copied, reproduced, aggregated, republished, downloaded, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Nothing on or connected with the Site shall be construed to confer any license to the IP or under any of our intellectual property rights, whether by estoppel, implication or otherwise. Unless expressly agreed in writing executed by the Attorney, we do not sell, license, lease or otherwise transfer any of the IP. Any rights not expressly granted in the Terms are reserved by us.

You agree not to access, use, download, upload, display, publish, transmit, sell, monetize, transfer disseminate, or distribute or use the any IP or portions thereof: (A) in any publications, performances, transmissions, educational materials, on websites other than this Site; (B) for any commercial purpose; (C) in connection with products or services that are not owned by the Attorney; or (D) in any manner that is likely to cause confusion among consumers, or that disparages or discredits the Site, the Attorney, the Information, or that infringes on or dilutes the strength of our rights in the IP. You further agree not to misuse any IP or third-party content that appears on this Site.

           Right to Refuse
We reserve the right, but not the obligation, to: (A) refuse to offer Services to anyone for any or no reason; (B) monitor the Site for violations of these Terms; (C) limit the availability of, refuse, restrict, cancel, terminate or disable access to, limit the availability of, terminate or disable any Use of this Site or any portion thereof (including user accounts); (D) take appropriate (determined in our sole discretion) action against anyone who violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (E) without notice or liability, remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to the functionality of the Site; and (F) otherwise manage the Site in a manner we, in our sole discretion, deem prudent or necessary to protect our rights and property and to facilitate the functionality of the Site.

We also have the right to limit, modify, interrupt, suspend or discontinue all or any portions of the Site at any time, without notice. We will not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto. You agree that you do not have any rights in this Site or Information and that we will have no liability to you if this Site is discontinued or your ability to access the Site or Information is restricted.

      Rights and License to Your Submissions
All Electronic Communications, text messages, emails, comments, questions, feedback, content, threads, information or material submitted by you at or in association with this Site (collectively “Submissions”) are non-confidential and upon submission become the property of us. You agree to use Site communications services only to post, send and receive Submissions. 

By providing any Submission, you automatically grant and assign to us, a royalty free, worldwide, irrevocable, perpetual license in and to the Submission and the intellectual property rights associated therewith. We are free to use, publish, disseminate, store, delete, destroy or terminate all Submissions on an unrestricted basis, for any or no purpose. You acknowledge that you are responsible for the Submissions that you provide, including their legality, reliability, appropriateness, originality and content. YOU EXPRESSLY AGREE NO SUBMISSION IS CONFIDENTIAL AND YOU WILL NOT SUBMIT ANY CONFIDENTIAL INFORMATION BY OR THROUGH THIS SITE OR TO THE ATTORNEY. WE HAVE NO OBLIGATION TO RESPOND TO ANY SUBMISSION.  TO THE EXTENT A SUBMISSION IS CONSIDERED AN INQUIRY, THE ATTORNEY HAS NO OBLIGATION TO RESPOND TO SUCH SUBMISSION.

You agree that cached copies of Site webpages on your computer, mobile device, tablet, any related cloud services or a server constitute “copies” of the Site under the Copyright Act, 17 U.S.C. § 101, the use and storage of which are subject to these Terms. You further agree that CAPTCHAs and telephone verification methods (including SMS text messages) are “technological measures” that effectively control access to certain copyright-protected components of the Site Information and our intellectual property rights pursuant to 17 U.S.C. § 1201.

       Release of User Information
Our Privacy Policy limits the release of user or account information except in limited circumstances, including: (A) with express permission from the user; (B) as and when required or permitted by law; or (C) to comply with legal proceedings. If you seek the identity or account information of a user of this Site in connection with a legal matter, you must properly serve us with a valid subpoena.

We reserve the right to disclose any personal information about you or your use of this Site, user account and Submissions, without providing prior notice or seeking your permission if we have a good faith belief that such action is necessary to: (A) conform to legal requirements or comply with legal process; (B) protect and defend our (or affiliate) rights, interests and property; (C) enforce these Terms; or (D) act to protect the interests of the Site, Furton Legal, Mrs. Furton, our affiliates, users, clients or customers.

      No Guarantees
Furton Legal uses commercially reasonable efforts to update the Site to reflect current law in the jurisdictions where the Attorney is licensed. However, because laws change rapidly, we do not guarantee that any Information or the Site is accurate, current or up-to-date. Legal information contained on the Site is not legal advice.

There is no guarantee of accuracy or suitability for any particular purpose in the Use of this Site, the IP or Information, any of which may contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and compliance with any applicable law. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the Site, IP, or Information at any time, without notice.

          Site Security
Although we do not guarantee Site or system security, we utilize commercially reasonable third-party website hosting, platform, e-commerce and communication services to operate the Site. If you have reason to believe the Site or related security has been breached, contact us immediately by telephone 888-336-3627 or email to support@furtonlegal.com.

         Digital Millennium Copyright Act (DMCA) Notice and Policy
If you believe that the Site, Information or material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below and clearly labeled a “DMCA Notice” in the format required under DMCA 17 U.S.C. § 512(c)(3). A copy of your DMCA Notice may be sent to the person who posted or stored the material addressed in the DMCA Notice. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a DMCA Notice. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.   If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us at:

Furton Legal
Attn: Justine M. Furton
24551 Del Prado #3
Dana Point, CA 92629

and by email to support@furtonlegal.com.

All DMCA Notices must meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include 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 on the Site are covered by the Notification, a representative list of such works on the Site; (C) identification of the material that is claimed to be infringing or to be the subject of infringing activity, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (D) information reasonably sufficient to permit us to contact the complaining party, including mailing address, telephone number, and an email address at which the complaining party may be contacted; (E) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or not permissible under applicable law; and (F) statement affirming that, under penalty of perjury, the information in the notice is accurate and that you are indeed authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

        Interactions with Third Parties
We are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any third party, other user, person or organization including TPSPs, (collectively “Third Parties”). You alone are responsible to conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with Third Parties.

      Links to Third Party Sites; Third Party Offers
We may work with parties whose websites are affiliated with, linked on the Site, or controlled by parties other than us, and the Site may display advertisements not owned, endorsed by or created by us, linking to websites controlled by parties other than us (each a “Third-Party Site”). We are not responsible for and do not in any way endorse any linked Third-Party Site, any related advertisements, the availability, contents, products, services, or use of any Third-Party Site, any website accessed from a Third-Party Site, or any changes to those websites. We do not endorse or guarantee the content or quality of any products or services provided by Third-Party Sites.

        Privacy Policy
For information about our data protection practices and our use and protection of your personal information, please read the Privacy Policy which is incorporated into and a part of these Terms.

       Termination; No Assignment
You may terminate your account or Use of the Site at any time.

We may, in our sole discretion, terminate or suspend your use of all or part of the Site or Information for any reason, including, without limitation, violation of these Terms, or if we suspect that you have violated these Terms or for any other reason permitted in these Terms. You agree that we will not be liable to you or to any third party, for any termination, modification, suspension, or discontinuance of your Use of the Site or Information.

We may also suspend or terminate your account or Use of the Site if you fail to pay any amounts due or if you violate any applicable law or regulation. Upon termination of your use of the Site or user account for the above reasons, there will be no refund of payments or fees and you will be denied access to and use of the Site (www.thedocumentlawyer.com and any Products, as applicable).

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a false name, secret identity, an anonymous user name, a fictitious name or “DBA”, use of another’s identity or user account, borrowed or stolen identity, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive relief, without any obligation to pursue such action through binding arbitration.

These Terms, the rights granted and obligations undertaken herein may not be transferred, assigned or delegated by you. Any attempt to assign your rights hereunder will be null and void. We retain the right to transfer, assign or delegate these Terms, the Site and the IP for any or no reason.

         Additional Terms
Use of this Site is subject to the Additional Terms each of which are part of and incorporated by reference into these Terms.  Your Use of this Site is conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms and the Additional Terms, these Terms will control, except in the case of Services, which shall be governed by a fully executed Engagement Agreement.

      Governing Law; Jurisdiction
This Site and these Terms are governed by the laws of the State of California, United States. Any action or proceeding relating to any dispute arising under these Terms may only be commenced and pursued in County of Orange, State of California, United States. By your Use of this Site, you consent to the exclusive personal jurisdiction and venue of state and federal courts located in County of Orange, State of California, United States and waive all defenses of lack of personal jurisdiction, and forum non conveniens.

          Modifications
The Site, Information and Services offered may be amended, modified, supplemented, restated, replaced or taken down at any time for any or no reason, without notice.

We may amend, modify, supplement, restate, or replace these Terms from time to time. We will alert you to any changes by updating the “Last Updated” date of these Terms, and you waive any right to receive specific notice of each such change. We will use commercially reasonable efforts to post the most current version of these Terms on the Site. By your Use of the Site or Information, you agree to be bound by all revised Terms. It is your responsibility to periodically review these Terms to ensure that you understand them in their entirety and stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued Use of the Site.

         California Use Only
This Site and the Information is intended only to be used in California and may not be suitable or even legal in any other jurisdiction. This Site, the Information and these Terms are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Attorney to any licensing or registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from such locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Attorney is licensed to practice law only in California and Michigan. 

          Notices for California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the site, please send email to support@furtonlegal.com.  You may also contact us by writing to: Furton Legal 24551 Del Prado #3, CA 92629 Attn: Justine M. Furton. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services by mail at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Please be sure to identify the specific webpage or issue about which you have a question or complaint and how we can contact you.

You specifically waive the provisions of Section 1542 of the Civil Code of the State of California, which provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

           Entire Agreement
These Terms and the Additional Terms constitute the entire agreement between you and us with respect to the Site, Use of the Site, IP and Information, and supersede and replace any other agreements, terms or conditions. These Terms create no third-party beneficiary rights. If you access this Site from outside of the State of California, United States of America, then you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.