THIS SITE IS 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.
1. Site. The Site is proprietary to Radcliff Saiki and is protected by copyright and other intellectual property laws and international intellectual property treaties. Your access to the Site is by license or permission. Subject to the terms and limitations set forth in this Agreement, Radcliff Saiki agrees to provide You with a personal and non-exclusive right to access, view and use the Site.
2. Security and Privacy. You shall be solely responsible for the security, confidentiality, integrity, and use of all messages and/or the content that You transmit to the Site. Except as otherwise indicated below, Radcliff Saiki will use commercially reasonable efforts to not monitor, edit, or disclose any personal information about You, including your use of the Site, without your prior consent unless Radcliff Saiki has a good faith belief that such action is necessary to: (i) comply with legal process or other legal requirements of any governmental authority; (ii) protect and defend the rights or property of Radcliff Saiki; (iii) enforce this Agreement; (iv) protect the interests of users of the Site other than You or any other person; or (v) operate or conduct maintenance and repair of Radcliff Saiki’s services or equipment, including the Site as authorized by law. Nonetheless, You have no expectation of privacy with respect to the Internet generally or this Site in particular, and Radcliff Saiki reserves the right, to the extent permitted by applicable law, to gather necessary information about You and your use of the Site. Such personal information that is voluntarily submitted to Radcliff Saiki is not sold, and is not shared with entities outside of the firm other than appropriate service providers who assist the firm in carrying out its marketing and business functions. In general, Radcliff Saiki provides You with the right to opt-out of receiving marketing and other discretionary communications, and to update, supplement or delete your own voluntarily submitted personal information which Radcliff Saiki uses for the previously noted business purposes.
3. No Attorney-Client Relationship. Simply contacting Radcliff Saiki by email or otherwise will not establish an attorney-client relationship between You and Radcliff Saiki. Transmission of information between Radcliff Saiki and You is not intended to, and will not create, an attorney-client relationship between Radcliff Saiki and You. No such relationship will exist unless and until a partner in Radcliff Saiki expressly and explicitly agrees in a written engagement letter with You that the firm will undertake an attorney-client relationship with You. As a result, You should not transmit any confidential or sensitive information to us until a formal attorney-client relationship has been established. Radcliff Saiki does not agree to accept and/or maintain the secrecy of any unsolicited information You send to us unless an attorney-client relationship currently exists between us. Radcliff Saiki cannot permit an attorney-client relationship to exist until we have obtained all necessary information and evaluated all relevant information concerning potential conflicts of interest. Even in the absence of a conflict of interest, Radcliff Saiki, in its sole discretion, may decide not to enter into an attorney-client relationship with You. The information and content contained on this Site is not intended to constitute legal advice, and You should contact an attorney before relying on any such information or content.
4. Compliance/Attorney Advertising. The contents of this Site may constitute advertising under the applicable laws, regulations and ethical rules (the “Bar Rules”) of some jurisdictions. If this Site fails to comply with the Bar Rules of the state from which You access or view this Site, Radcliff Saiki does not wish to represent You. Unless otherwise noted, Radcliff Saiki attorneys are NOT certified by the boards of legal specialization of any state.
5. Content Restrictions. All materials included on this Site, including without limitation text, graphics, images, logos and other materials (collectively, “Content”), and all related intellectual property rights (including without limitation trademarks, service marks, logos, copyrights, trade dress and the “look and feel” of the Site), are owned by Radcliff Saiki (or are displayed by Radcliff Saiki with permission of its owners or as permitted by applicable law). You agree not to copy, reproduce, display, modify, transmit or distribute such Content, except printing copies for your own, non-commercial use, without the prior written consent of Radcliff Saiki. These restrictions apply to such Content in all adaptations or transformations and in all media and forms, now existing or hereafter developed.
6. 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.
RADCLIFF SAIKI, 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 Radcliff Saiki 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 [name of Web site owner] so that it can be corrected. Information contained on the Site may be changed or updated without notice.
7. Changes. Radcliff Saiki reserves the right to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time in our sole and absolute discretion. Changes in this Agreement will be posted on this Site. Your continued use of this Site after any changes are made shall be deemed your acceptance of the changes.
8. Prohibited Uses. You are solely responsible for your acts and omissions when using the Site, and You agree not to engage in unacceptable use of the Site, including without limitation use of the Site to: (a) transmit unsolicited messages, chain letters or unsolicited commercial email; (b) transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, offensive, vulgar, threatening or malicious; (c) transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) transmit viruses, trojan horses or any other malicious code or programs; (e) engage in systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Radcliff Saiki by use of scrapers, spiders or other tools; or (f) engage in any other activity deemed by Radcliff Saiki to be in conflict with this Agreement.