The content of this website is intended for general informational purposes only and does not constitute specific legal advice. Your access to this site, use of the contact form on this site, transmission of email to an address on this site, or telephone or fax inquiry does not create an attorney-client relationship between us. This site is not intended to be a solicitation but may be deemed a COMMUNICATION or ADVERTISEMENT in certain jurisdictions. The reviews, testimonials and endorsements on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Prior results described on this site do not guarantee similar outcomes in future matters.
Terms of Use
These Terms of Use were last updated on, and are effective as of, July 1, 2018.
David P. Horne, Attorney at Law, also doing business as CalCorp Law ("we," "us," or “our”) provides this website and any website-related services (collectively, the "CalCorp Site") subject to your compliance with the terms and conditions set forth in these Terms of Use (the "Terms of Use"). By using the CalCorp Site, you agree to be bound by these Terms of Use and our Privacy Policy, which appears below. If you do not agree to these Terms of Use, you must not use the CalCorp Site. David P. Horne, Attorney at Law may at any time, in his sole discretion, revise or otherwise update these Terms of Use by posting an amended Terms of Use on the CalCorp Site, and any changes will be effective immediately upon posting. Your use of the CalCorp Site following the posting of an updated Terms of Use will indicate your acknowledgement of, and express agreement to be bound by, the terms and conditions of the updated Terms of Use. Further, we reserve the right, at any time, to modify or discontinue, temporarily or permanently, the CalCorp Site (or any part thereof) without notice. You agree that we shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the CalCorp Site, or of any CalCorp Materials (as defined below).
No Legal Advice
David P. Horne, Attorney at Law, makes available the information and materials on the CalCorp Site (the "CalCorp Materials") for general informational purposes only. The CalCorp Materials are not intended to, and do not, constitute legal advice or a solicitation for the formation of an attorney-client relationship and no attorney-client relationship is created through your use of the CalCorp Site or your receipt of the CalCorp Materials. Unsolicited e-mails, contact form submissions and other information sent to us: (a) do not create an attorney-client relationship with David P. Horne, Attorney at Law, (b) will not be considered confidential, and (c) may be disclosed to others pursuant to our Privacy Policy. We accept clients only in accordance with certain formal engagement procedures, and we render legal advice only after completion of those procedures. We do not seek to represent anyone desiring representation based upon viewing the CalCorp Site in a state, territory, or foreign country where the CalCorp Site fails to comply with applicable laws and professional and ethical rules. In addition, our attorneys do not seek to practice law in states, territories, and foreign countries where they are not properly authorized to do so.
Proprietary Rights
You acknowledge and agree that the CalCorp Site and the CalCorp Materials are and shall remain the property of David P. Horne, Attorney at Law or our service providers and are protected by copyright, trademark, and other proprietary rights and laws. Except as expressly authorized in advance by David P. Horne, Attorney at Law, you agree not to use, download, copy, distribute, transmit, display or perform (publicly or otherwise), publish, license, modify, adapt, translate, create derivative works of, or otherwise exploit (in whole or in part) in any format or medium, whether now known or hereafter developed, the CalCorp Site or any of the CalCorp Materials. Notwithstanding the foregoing, and subject to your compliance with these Terms of Use, David P. Horne, Attorney at Law grants to you a limited, personal, revocable, non-transferable and non-sublicensable license to: (a) access the CalCorp Site and the CalCorp Materials via the Internet solely for purposes of viewing such CalCorp Materials, and (b) print out pages of the CalCorp Site for your personal, non-commercial use. Trade names, trademarks, service marks and domain names of David P. Horne, Attorney at Law (the "CalCorp Marks") include, without limitation, “David P. Horne, Attorney at Law,” "DPH," "CalCorp," "CalCorp Law," "calcorporatecounsel.com," “calstartuplaw.com,” “calcorp.com,” "calcorp.law" and any associated logos. All marks on the CalCorp Site that are not owned by David P. Horne, Attorney at Law are the property of their respective owners, and ownership of the marks and the goodwill associated with them remains with those other owners. You agree not to use the CalCorp Marks, whether registered or unregistered, on or in connection with any product or service that is not a product or service provided by David P. Horne, Attorney at Law, or in any other manner that is likely to cause confusion or dilution. Nothing on the CalCorp Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any of the CalCorp Marks without prior express written permission from David P. Horne, Attorney at Law.
Linking to the CalCorp Site
If you wish to link to the CalCorp Site or any CalCorp Materials, you may include an active link on any website you control directing a browser to the relevant area of the CalCorp Site, provided that you agree to remove the link at any time upon our request. You may not link to or otherwise provide access to the CalCorp Site: (a) in any way that alters the look, feel, or functionality, of any aspect of the CalCorp Site or CalCorp Materials, (b) in such a way that any aspect of the CalCorp Site or CalCorp Materials is displayed within a frame on your or a third-party website, or (c) in any way that arguably presents the CalCorp Site or the CalCorp Materials out of context. You also may not associate any aspect of the CalCorp Site or CalCorp Materials with any propaganda, obscenity, or hate speech, or display or link to any portion of the CalCorp Site or any CalCorp Materials in a disparaging manner, or in any other manner that could injure the reputation or goodwill of David P. Horne, Attorney at Law.
User Conduct
You agree to comply with all applicable laws and regulations in connection with your use of the CalCorp Site. Without limiting the foregoing, you agree not to use the CalCorp Site in connection with: (a) the infringement of intellectual property rights (including our rights in the CalCorp Marks and the CalCorp Materials); (b) the unauthorized transmission of unsolicited commercial e-mail; (c) the transmission of defamatory materials; or (d) fraud. You will not violate, attempt to violate, or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of the CalCorp Site. Without limiting the foregoing, you agree not to: (i) attempt to or enable others to attempt to gain unauthorized access to any accounts, computer systems or networks connected to any David P. Horne, Attorney at Law server or to any of the CalCorp Materials, through hacking, password theft, or any other means; (ii) use any "deep-link," "page-scrape," "robot," "spider" or other automatic device, program, algorithm or methodology, or any equivalent manual process, to access, acquire, copy or monitor any portion of the CalCorp Site or CalCorp Materials, or in any way circumvent the navigational structure or presentation of the CalCorp Site or CalCorp Materials; (iii) attempt or enable others to attempt to obtain any CalCorp Materials through any means that David P. Horne, Attorney at Law has not intentionally made available on the CalCorp Site; or, (iv) use the CalCorp Site or the CalCorp Materials in any manner that could damage, disable, overburden, or impair any David P. Horne, Attorney at Law server, or the network(s) connected to any David P. Horne, Attorney at Law server, or that might interfere with any other person's access to or use or enjoyment of any CalCorp Materials.
Third Party Content
The CalCorp Site and CalCorp Materials may contain or link to information or content provided by persons and entities other than us (collectively, "Third Party Content"). Any opinions, advice, statements, views or positions, are solely those of the respective authors or distributors, and do not necessarily reflect our opinions, views, or positions. We disclaim all responsibility for any Third Party Content.
Limitation of Liability and Disclaimer of Warranties
THE CALCORP SITE AND THE CALCORP MATERIALS ARE PROVIDED TO YOU "AS IS," WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. DAVID P. HORNE, ATTORNEY AT LAW, OUR AFFILIATES, AND OUR SERVICE PROVIDERS, DO NOT MAKE ANY, AND HEREBY DISCLAIM ALL, WARRANTIES THAT MIGHT ARISE FROM YOUR USE OR RELIANCE ON THE CALCORP SITE AND THE CALCORP MATERIALS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. DAVID P. HORNE, ATTORNEY AT LAW, OUR AFFILIATES, AND OUR SERVICE PROVIDERS, DISCLAIM ALL EQUITABLE INDEMNITIES. DAVID P. HORNE, ATTORNEY AT LAW, OUR AFFILIATES, AND OUR SERVICE PROVIDERS, WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE CALCORP SITE OR CALCORP MATERIALS, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SHOULD DAVID P. HORNE, ATTORNEY AT LAW, OUR AFFILIATES, OR OUR SERVICE PROVIDERS BE FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY NOTWITHSTANDING THE FOREGOING, SUCH LIABILITY WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00) IN THE AGGREGATE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE CALCORP SITE OR THE CALCORP MATERIALS IS TO STOP USING THE CALCORP SITE OR THE CALCORP MATERIALS.
Exclusions and Limitations
To the extent that David P. Horne, Attorney at Law may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
Indemnity
You agree to defend, indemnify and hold harmless David P. Horne, Attorney at Law, our affiliates, and our service providers, and each of their respective partners, shareholders, directors, officers, employees, representatives, and agents, from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys fees) arising out of: (a) your activities in connection with the CalCorp Site; (b) any violation of these Terms of Use by you; (c) any improper or unauthorized use of the CalCorp Materials by you; and, (d) any allegation that anything you transmit through or in connection with the CalCorp Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, publicity, or other legal or contractual right of any third-party.
Governing Law and Venue
These Terms of Use shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms of Use or your use of the CalCorp Site or CalCorp Materials shall be brought in the Federal or State courts located in Alameda County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
Electronic Communications Notice
You agree to send any notices that are required or permitted to be given by these Terms of Use to us only in the manner specified for such purposes on the CalCorp Site. In order to access the CalCorp Site, you must have a computer or other device with Internet access running a web browser such as Internet Explorer, Firefox, Safari or Chrome. When you use the CalCorp Site or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We may communicate with you by e-mail or by posting notices on the CalCorp Site. 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. In order to retain copies of any such communications, you must have a printer or data storage device. If you have a printer, you may print paper copies of any such communications for your own use.
Miscellaneous
If any term or provision of these Terms of Use are in violation of or prohibited by any applicable law or regulation, such term or provision shall be deemed to be amended or deleted to conform to such law or regulation, without invalidating or amending or deleting any other terms or provisions of these Terms of Use. The failure of David P. Horne, Attorney at Law to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the CalCorp Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Neither the course of conduct between you and David P. Horne, Attorney at Law, nor trade practice, shall act to modify any provision of these Terms of Use. These Terms of Use are not assignable, transferable or sublicensable by you. These Terms of Use comprise the entire and exclusive agreement between you and David P. Horne, Attorney at Law with respect to your use of the CalCorp Site and CalCorp Materials, superseding any prior agreements or negotiations between you and David P. Horne, Attorney at Law with respect to your use of the CalCorp Site (except other written, fully-executed agreements between you and David P. Horne, Attorney at Law).
Contact Us
If you have any questions about these Terms of Use, please contact David P. Horne, Attorney at Law at info@calcorp.com.