These Terms of Use govern your access to and use of www.newmenlaw.com and any subdomain operated by Newmen Law, P.C. (the 'Website'). The Website is owned and operated by Newmen Law, P.C., a California professional law corporation ('Newmen Law,' 'we,' 'us,' or 'our'). By accessing or using the Website, you agree to these Terms of Use. If you do not agree, do not use the Website.
1. Eligibility
You must be at least eighteen (18) years of age to use this Website. By using this Website, you represent that you are at least eighteen years old and have the legal capacity to enter into a binding agreement.
2. Use of the Website
You may use this Website only for lawful purposes and in accordance with these Terms of Use. You agree not to do any of the following:
- Use the Website in any manner that violates applicable law or regulation.
- Use the Website to transmit any material that is unlawful, defamatory, harassing, threatening, infringing, or otherwise objectionable.
- Attempt to gain unauthorized access to any portion of the Website, our systems, or any system or network connected to the Website.
- Interfere with or disrupt the operation of the Website, including by introducing viruses, malware, or other harmful code.
- Use any robot, spider, scraper, or other automated means to access the Website for any purpose without our prior written consent.
- Collect or harvest personal information about other users of the Website.
- Use the Website to send unsolicited commercial communications.
- Frame, mirror, or otherwise incorporate any portion of the Website into any other website without our prior written consent.
3. No Attorney-Client Relationship
Your use of this Website does not create an attorney-client relationship between you and Newmen Law or any attorney at Newmen Law. An attorney-client relationship is established only after Newmen Law has performed a conflicts check, agreed in writing to represent you, and you have signed a written engagement letter. Until that occurs, no communication you send through this Website (whether by contact form, email, or otherwise) is protected by the attorney-client privilege or the attorney work-product doctrine, and we have no duty to maintain the confidentiality of such communications. Do not send confidential or sensitive information through this Website until an engagement letter is signed.
4. No Legal Advice
The content on this Website is provided for general informational purposes only. It is not legal advice, and you should not rely on it as legal advice for any particular matter. Laws change, and the application of law depends on specific facts. If you have a legal question, consult a licensed attorney about your specific circumstances.
5. Attorney Advertising
This Website constitutes attorney advertising under the rules of professional conduct of the State Bar of California. Kaveh Newmen, Esq., State Bar of California No. 335793, is the attorney responsible for the content of this Website. Newmen Law is licensed to practice law in California; matters involving other jurisdictions are handled in association with locally admitted counsel where required.
6. Prior Results and Testimonials
Any references on this Website to prior results, case outcomes, transaction values, settlements, verdicts, or client testimonials are provided for informational purposes only. Prior results do not guarantee a similar outcome in any future matter. Each legal matter is unique, and the outcome of any particular matter depends on the specific facts and applicable law.
Client testimonials displayed on this Website reflect the personal opinions and experiences of individual clients and do not constitute a guarantee, warranty, or prediction regarding the outcome of any future legal matter.
7. Intellectual Property
All content on this Website, including text, graphics, logos, images, audio, video, and software, is owned by Newmen Law, P.C. or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. The 'Newmen Law' name and logo are trademarks of Newmen Law, P.C. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on this Website except as follows:
- You may store copies of materials in your browser cache for ordinary viewing of the Website.
- You may print or download one copy of a reasonable number of pages of the Website for your personal, non-commercial use only.
- You may share links to publicly accessible pages of the Website on social media, in personal communications, or in other contexts, provided the link does not misrepresent the source or content.
Any other use of content on this Website requires our prior written consent. Unauthorized use may violate copyright, trademark, and other applicable laws.
8. User Submissions
If you submit any content to us through this Website (including through the contact form, blog comments, or by email), you grant Newmen Law a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, and display the submitted content for the purposes of operating the Website, evaluating your inquiry, and complying with applicable law. You represent that you own or have all necessary rights to submit the content and that the submission does not violate any third party's rights.
9. Email Communications and Confidentiality
Email is not a secure means of communication. Information transmitted by email may be intercepted, lost, or altered in transmission, and we cannot guarantee the security or confidentiality of email communications. Do not transmit confidential or sensitive information by email through this Website until an attorney-client relationship has been established by signed engagement letter and a secure method of transmission has been agreed upon.
10. Third-Party Links
This Website may contain links to third-party websites, services, or resources. We provide these links as a convenience and do not endorse the linked sites or their content. We are not responsible for the content, privacy practices, or terms of any third-party website.
11. Disclaimer of Warranties
THE WEBSITE AND ALL CONTENT, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, NEWMEN LAW DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, NEWMEN LAW DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR CURRENT.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL NEWMEN LAW, ITS ATTORNEYS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF NEWMEN LAW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NEWMEN LAW'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE WEBSITE EXCEED ONE HUNDRED DOLLARS (USD $100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the limitations above may not apply to you in full. The limitations apply to the fullest extent permitted by law.
13. Indemnification
You agree to indemnify, defend, and hold harmless Newmen Law and its attorneys, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your violation of these Terms of Use or your misuse of the Website.
14. Modifications to the Website and These Terms
We may modify the Website or these Terms of Use at any time without prior notice. When we modify these Terms of Use, we will revise the 'Last updated' date at the top of this page. If we make material changes, we will provide notice on the Website at least thirty (30) days before the changes take effect. Your continued use of the Website after the effective date of an updated Terms of Use constitutes your acceptance of the updated terms. If you do not agree to an updated version, you must stop using the Website.
15. Governing Law
These Terms of Use are governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms of Use or your use of the Website that is not subject to arbitration under Section 16 must be brought exclusively in the state or federal courts located in Orange County, California, and you consent to the personal jurisdiction of those courts.
16. Dispute Resolution
Any dispute, claim, or controversy arising out of or relating to these Terms of Use or your use of the Website (a 'Dispute'), other than a Dispute relating to the protection of intellectual property rights, will be resolved as follows:
A. Informal resolution
Before initiating any formal proceeding, the parties will attempt in good faith to resolve any Dispute through informal negotiation by contacting Newmen Law at office@newmenlaw.com. If the Dispute is not resolved within thirty (30) days after one party notifies the other of the Dispute, either party may proceed to mediation.
B. Mediation
If informal resolution is unsuccessful, the parties will attempt to resolve the Dispute through mediation administered by JAMS in Orange County, California, before resorting to arbitration. The parties will share the costs of mediation equally.
C. Binding arbitration
If mediation is unsuccessful, any Dispute will be resolved by final and binding arbitration administered by JAMS under its applicable rules in Orange County, California. The arbitration will be conducted by a single arbitrator. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. Each party will bear its own attorneys' fees and costs.
D. Class action waiver
Any arbitration or other proceeding will be conducted on an individual basis only and not on a class, collective, or representative basis. The arbitrator will have no authority to consolidate claims or to preside over any form of class or representative proceeding.
E. Jury trial waiver
To the fullest extent permitted by law, you and Newmen Law each waive any right to a jury trial of any Dispute that proceeds in court. You acknowledge that, under California law, this jury trial waiver may not be enforceable in all circumstances; the binding arbitration provision above remains operative regardless of the enforceability of this jury trial waiver.
17. Severability
If any provision of these Terms of Use is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.
18. Entire Agreement
These Terms of Use, together with our Privacy Policy, Cookie Notice, and Legal Disclaimer, constitute the entire agreement between you and Newmen Law regarding your use of the Website and supersede all prior agreements and understandings regarding the same subject matter.
19. Contact Us
If you have questions about these Terms of Use, contact us at:
Newmen Law, P.C.
2107 N. Broadway, Suite 104
Santa Ana, CA 92706
Email: office@newmenlaw.com
Phone: 714-822-1562