Conditions of Use
No Legal Services or Attorney Client Relationship
Although the website may provide information concerning potential legal issues, it is not a substitute for legal advice from qualified counsel. You should not and are not authorized to rely on the website as a source of legal advice. Your use of the website does not create any attorney-client relationship between you and Tsoi & Associates.
The website contains information for many Tsoi & Associates attorneys. The mere act of contacting Tsoi & Associates’ attorneys, however, does not create an attorney-client relationship. Unless we agree in writing that an attorney-client relationship has been established, no attorney-client relationship is intended to be established through any such communication, and no information contained in any such communication may be construed as legal advice.The website is not an invitation to form an attorney-client relationship.
Unless you have an attorney-client relationship with Tsoi & Associates, we are not obliged to keep confidential information you may send us. Under no circumstances, therefore, should you send confidential information to Tsoi & Associates unless you have been authorized to do so by a Tsoi & Associates attorney or you have a pre-existing documented attorney-client relationship with Tsoi & Associates.
You agree that you will not use the website for any illegal purpose. In addition, you agree that:
1. You will not harvest, collect, or otherwise use contact information made available on the website for the purpose of sending unsolicited improper communications, including without limitation, unsolicited bulk email (collectively, “spam”) and that you will not use any Tsoi & Associates communications facility to deliver or attempt to deliver spam.
2. You will not attempt to gain unauthorized access to the website or the servers and network associated with the website;
3. You will not circumvent or attempt to circumvent any security or access control technology implemented on the website, or the servers and network associated with the Website;
4. You will not use the website in any manner designed to degrade the performance or functioning of the website, including, without limitation, launching Denial-of-Service (“DoS”) attacks against the website.
Warranties; Liability Limitation
Information provided on the website is provided “as is” without warranty of any kind, either express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose or no infringement.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable(whether in contract, tort or otherwise), under any circumstances, for any (i) interruption of business; (ii)access delays or access interruptions to the website; (iii) data non-delivery, misdelivery, corruption, destruction or other modification; (iv)loss or damages of any sort incurred as a result of loss or damages of any sort incurred as a result of the placement of hyperlinks to or from the website; (v) computer viruses, system failure or malfunctions which may occur in connection with your use of the website, including when following a hyperlink to or from third party websites; (vi)inaccuracies, omissions or misleading, false or deceptive statement in the content; or(vii) events beyond our reasonable control.
Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the website regardless of the form of action where in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred dollars in United States currency. (US $100.00).
To the extent that any of the exclusions or limitations set forth above is determined to be unenforceable or invalid under applicable law, they shall be deemed modified to the extent necessary to make them enforceable or valid in a manner that provides us with the maximum protection permitted under applicable law.
Service Marks – Permitted Use of Tsoi & Associates Service Marks
Tsoi & Associates service marks identify Tsoi & Associates products and services and let the public know the source of those products and services. You may make fair use of our service marks in advertising and promotional materials, and in referencing our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution. Other uses require our written permission. If you are in doubt as to whether you need our permission for a specific type of use, please ask us.
You may not use Tsoi & Associates logos or “design” service marks (as opposed to our service marks consisting solely of words) under any circumstances without our prior written authorization.
In addition, you may not use Tsoi & Associates service marks, whether design or word marks, in the following ways:
1. in a non- Tsoi & Associates service name or publication title;
2. in, as, or as part of, your own service or trademarks;
3. to identify products or services that are not Tsoi & Associates’;
4. in a manner likely to cause confusion;
5. in a manner that implies inaccurately that we sponsor or endorse, or are otherwise connected with, your own activities, products and services;
6. as hidden or embedded text in web pages in an effort to cause a search of Tsoi & Associates marks to result in a hit on a page not maintained by Tsoi & Associates in a manner disparaging of Tsoi & Associates;
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees and disbursements, resulting from any third party claim, action, or demand resulting from your use of, or any action by you in connection with, the Website. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees and disbursements, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take, that imposes an unreasonable burden or load on our infrastructure.
Jurisdiction; Choice of Law
With respect to the Website, including without limitation these Terms and Conditions and your access to or use of the Website (the “Subject Matter”), your rights and obligations and all actions and omissions contemplated by these Terms and Conditions shall be governed by the laws of the State of California, in the United States of America, as if the Terms and Conditions were a contract wholly entered into and wholly performed within the State of California, United States of America.
You agree that the state and federal courts located in Los Angeles County, California, United States of America, shall have exclusive jurisdiction over the Subject Matter, including any action or proceeding involving any aspect of the Subject Matter, whether in law, equity, admiralty or otherwise. You consent to the exercise by those courts of personal jurisdiction over you in connection with the Subject Matter and in any such action or proceeding.
If you have provided us with an email address, text message address, Linked in® address, Facebook® address, Twitter® account, QQ or other social media account or address, you hereby consent to accept service of process in any action or proceeding involving any aspect of the Subject Matter by transmission to any such address or account.
You agree that, regardless of any statute or other law to the contrary, any claim arising out of or related to the Subject Matter must be filed in one of the state and federal courts located in Los Angeles County, California, United States of America, within one year after such claim accrued, or it is forever barred.
If any provision of this Agreement is found to be void or unenforceable, such provision shall be severed and all other provisions shall remain in force.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time, with or without prior notice, by posting the changes on the Website. Any changes are effective immediately upon posting to the Website. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any such termination, including, as applicable, by ceasing all use of the Website.
Nothing contained in these Terms and Conditions shall be construed as creating any legal or business relationship between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, and such provision cannot be modified to make it enforceable or valid, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole, and such provision shall be deemed severable as necessary to achieve that end.
As a convenience to our visitors, portions of this Website have been translated into Chinese, but the English language version is the sole official version and governs all rights and obligations. Text in other languages is for convenience only and should not be relied upon.
If you have any questions regarding these Terms and Conditions, please contact us.