1. Terms and Conditions Binding.
All use of this website, as wellas your pre-retention relationship with the Law Offices of Mark Yablonovich (including your receipt of communications from us), is subject to the following Terms and Conditions. If you do not agree with these Terms and Conditions, please do not access or use this website or submit your information (including via online forms). These terms may be changed by the Law Offices of Mark Yablonovich at any time without notice, so please check the terms before using the website or interacting with us. Your use of the website, as well as your agreement to these terms by, e.g., submission of any online forms referencing these terms, constitutes your agreement to be bound by these terms. There is also a dispute resolution/arbitration provision below.
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY, AS IT AFFECTS YOUR RIGHTS
2. No Confidentiality Guarantee.
the Law Offices of Mark Yablonovich does not guarantee the confidentiality of any communications sent by e-mail or through its website, or left in voicemail messages on firm telephones. Unsolicited information and material may not be treated as confidential and will not be protected by any lawyer-client privilege.
3. No Lawyer-Client Relationship Created.
Accessing or using this website does not create a lawyer-client relationship. Although the use of the web site may facilitate access to or communications with members of the Law Offices of Mark Yablonovich by e-mail or voicemail, receipt of any such communications or transmissions by any member of the Law Offices of Mark Yablonovich does not create a lawyer-client relationship.
4. Accuracy and Availability of Materials.
Although the Law Offices of Mark Yablonovich has made reasonable efforts to ensure that the materials contained on this site are accurate, it does not warrant or guarantee: the accuracy, currency or completeness of the materials; that the site will be available without interruption, error or omission; that defects will be corrected; or that the website and the server(s) that make it available are free from viruses or harmful components. The website and the materials provided on the website are provided “as is” and “as available” without representations, warranties or conditions of any kind, either expressed.
5. Not Legal Advice.
the Law Offices of Mark Yablonovich andits principals will have no liability for any damage arising from the misuse of any information provided on this websiteor in subsequent communications, absent a separate written agreement. The information provided on the websiteor in subsequent communicationsis not legal advice and should not be relied upon as such. Doing so without seeking the advice of legal counsel constitutes a misuse of the information.
6. Copyright and Trademark.
The copyright in this website and all materials contained in it is owned or licensed by the Law Offices of Mark Yablonovich. the Law Offices of Mark Yablonovich website, as a whole, or in part, may not be reproduced without the express prior written consent of the Law Offices of Mark Yablonovich.
7. Telephone Consumer Protection Act and Consent to Contact.
By submitting online forms or clicking the “Tell us your Story” or similar button, you consent to recurring calls and texts by or on behalf of the Law Offices of Mark Yablonovich and its affiliates and marketing partners about their services for information and advertising purposes, including by automated technology or recorded message, to the number(s) you provided. You understand consent is not a condition of purchase or to retain the firm, and that you can opt out of future communications, including by calling (888) 306-4228 or writing us at Attn: Privacy Officer, 9595 Wilshire Boulevard, Suite 900, Beverly Hills, CA 90212-2511. You also agree to joining our mailing list. We will never sell or rent your email address to anyone.
8. Dispute Resolution/Arbitration.
Except as expressly provided below, You and the Law Offices of Mark Yablonovich (hereinafter, “Company”) agree that to the fullest extent permitted by applicable law, any dispute arising out of or relating in any way to this Agreement, a similar prior agreement, your consent to receive communications, or the pre-retention relationship (i.e., before You sign a written engagement letter) between You and Company and its affiliates and marketing partners (including matters occurring prior to the date of this Contract and disputes with third parties) (collectively, “Claims”) will, at the election of either party, be resolved by arbitration, including any dispute about arbitrability, such as scope and enforceability. The right and obligation to arbitrate under this section shall extend to all Claims, including those against or involving third parties such as Company or its affiliates’ officers, directors, employees, agents, shareholders, members, partners, subsidiaries, joint venturers, or contractors.
Except as expressly provided herein, any arbitration will be conducted pursuant to the applicable rules (the “Arbitration Rules”) of the American Arbitration Association. Should the AAA be unavailable, unable or unwilling to accept and administer the arbitration of any claim under these arbitration provisions as written, the parties shall agree on a substitute arbitration organization, such as JAMS, that will enforce the arbitration provisions as written. The parties will select a single arbitrator, but in the event that the parties are unable to agree, the arbitrator will be appointed pursuant to the Arbitration Rules. The arbitrator will be a practicing attorney with significant expertise in litigating and/or presiding over cases involving the substantive legal areas involved in the dispute. The arbitration will be concluded within three months of the date the arbitrator is appointed. Because the Contract memorializes a transaction in interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. More information about arbitration, including the Arbitration Rules, is available at www.adr.org or by calling 1-800-778-7879.
The following matters will not be subject to arbitration but will instead be adjudicated in the appropriate court of the state where You are located: (a) an action to enforce intellectual property rights; (b) a suit by Company, its affiliates, or their assignees for collection of amounts owed by You under this Agreement; and (c) any claim or dispute for which applicable law (as determined by a binding court decision) or the applicable arbitration rules do not permit arbitration and require adjudication in a specific civil court. Matters within the jurisdiction of an applicable small claims court may also be brought in such court, instead of arbitration.
Unless prohibited by applicable law, the substantially prevailing party in any dispute between the parties may recover their reasonable costs and fees incurred in connection with such matter, including reasonable attorneys’ fees.
You also agrees that: (a) CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL, NON-CLASS, AND NON-REPRESENTATIVE CAPACITY, AND THAT CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED ABSENT CONSENT OF ALL PARTIES; and (b) TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND COMPANY HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY, EVEN FOR DISPUTES NOT SUBJECT TO ARBITRATION.
You can decline this arbitration agreement by timely writing via certified mail or a nationally recognized overnight delivery service that allows You and the Company to confirm both mailing and delivery to 9595 Wilshire Boulevard, Suite 900, Beverly Hills, CA 90212-2511 and providing the following information: (1) name; (2) address; (3) phone number; and (4) a clear statement that You wish to opt out of this arbitration agreement. To be effective, the opt-out notice must be mailed no later than 30 days after the date You becomes bound by the arbitration agreement. Please note that You will continue to be bound by any older arbitration provision that You did not out opt of and any arbitration provision that otherwise governs the Claims.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced, except that if the class action waiver above is found unenforceable, the entire arbitration agreement is void, other than the jury waiver provision.