|
TERMS OF USE
Agreement Regarding Website. This website and all of its elements
including "Davis-Stirling.com",
"Job Market",
"HOA Store",
"Mediation Services",
"Davis-Stirling News Network",
"Vendor Directory",
"Manager Country",
"Assessment Collection",
"Election Central", as well as all associated elements (collectively, "Website") are owned by the
law firm of Adams Kessler, a Professional Law Corporation
("Adams Kessler"). Users of the Website are governed by the terms of
use found below which shall constitute an "Agreement" between Adams
Kessler
and users of
the Website. Please read them carefully. If you do not accept the terms and conditions
of this Agreement, DO NOT use this Website. By viewing or otherwise using the
Website, you agree to the terms and conditions contained in this Agreement.
Amendments.
Adams Kessler reserves the right to change any
content contained on the Website at any time without notice.
Adams Kessler also reserves the right to
change its terms of use at its sole discretion at any time. The amended terms
shall be effective immediately upon posting on the Website. You
should visit this page periodically to review the terms of use because
they are binding on you. The terms "you" and "user" refer to all
individuals and entities accessing the Website for any reason.
No Legal Relationship. No joint venture, partnership, employment, or
agency relationship exists between you and
Adams Kessler as a result of
this Agreement or your utilization of the Website.
E-Mail Caution. The use of
internet e-mail for conveying sensitive information is discouraged. Your
communication to us through this website may not be considered as privileged
or confidential, and will not create or constitute an attorney-client
relationship between the firm and any party.
Trademarks.
"Davis-Stirling.com",
"Job Market",
"HOA Store",
"Mediation Services",
"Davis-Stirling News Network",
"Vendor Directory",
"Manager Country",
"Assessment
Collection",
and "Election
Central"
are trademarks of
Adams Kessler, and all
related product and service names, design marks
and slogans are the trademarks or service marks
of
Adams Kessler. The "look" and "feel" of the Website
(including color combinations, button shapes,
layout, design and all other graphical elements)
are also the trademarks or copyrights of
Adams Kessler. Use of any of any editorial
content and graphics for any purpose is strictly
prohibited without
Adams Kessler's prior written
permission. You may not use, frame or utilize
framing techniques to enclose any trademark,
logo or other proprietary information on the
Website, the content of any text or the
layout/design of any page or form contained on a
page without
Adams Kessler express written consent.
Copying of
Content and Code Prohibited. Except as
expressly authorized on the Website,
the use of
material from the Website on any other website is prohibited.
You may not copy or adapt the HTML or other code that
Adams Kessler creates to
generate its pages. It is protected by
Adams Kessler's copyright.
Feedback.
Adams Kessler welcomes your feedback and
suggestions about how to improve the Website. Any ideas,
suggestions, information or material received through the Website, however, will be deemed to
include a royalty-free, perpetual, irrevocable, nonexclusive right
and license for
Adams Kessler to adopt, publish, reproduce,
disseminate, transmit, distribute, copy, use, create derivative
works, display, (in whole or part) worldwide, or act on such content
without additional approval or consideration, in any form, media, or
technology now known or later developed for the full term of any
rights that may exist in such content. You hereby waive any claim to
the contrary.
Use of Material.
Adams Kessler authorizes you to download material
from the Website provided the use is solely for your personal, noncommercial
purposes.
Linking This Site to Others. You are granted a
limited, nonexclusive right to create a hyperlink to the homepage of the
Website, provided such link does not portray
Adams Kessler or Davis-Stirling.com or any of its products and services in a false, misleading,
derogatory or otherwise defamatory manner. This limited right may be revoked at
any time.
Job Market. The Job Market may be used only for
lawful purposes by individuals seeking employment and employers seeking
employees. You are only permitted to post ads for real jobs. Job postings must
be individual openings for traditional, W-2 or 1099 employees.
Adams Kessler does not allow job postings that require a monetary investment by
the job applicant; advertisements for multi-level marketing positions; or
anything related to the adult entertainment industry. All information contained
in postings must be clear and accurate, not misleading in any way. Postings must
contain enough information to allow a Job Seeker to make reasonably informed
decision as to whether to apply or not to apply. Job postings which, in
Adams Kessler's sole opinion, are deemed inappropriate or in violation of any term or
conditions herein may be removed without warning.
Password Policy. For password protected portions of
the Website, you
agree to be solely responsible for the confidentiality and use of
your password, as well as for any information posted on the Website using your
password. You will also immediately
notify Adams
Kessler
if you become aware of any unauthorized use of your password.
You agree NOT to use the Website to:
1. Post any information, image or
material that is unlawful, harmful, threatening, abusive, harassing, invasive of
another's privacy, defamatory, vulgar, obscene, or otherwise objectionable;
2. Post or transmit material in
violation of any applicable local, state, national, or international law or
regulation, or in a manner that will infringe the copyright, trademark, trade
secret, patent or other intellectual property rights of others or violate the
privacy, publicity or other personal rights of others;
3. Impersonate any person or entity,
including an Adams Kessler employee or agent, an authorized user of
Adams Kessler's services, a candidate, placement specialist or an
employer, or otherwise misrepresent your affiliation with any person
or entity;
4. Delete or modify any material
posted by any other person or entity not related to you;
5. Communicate, send, or place
unsolicited e-mail (SPAM), telephone calls, mailings or other contacts to
posting individuals and entities;
6. Upload, post, or otherwise make available any
material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment;
7. "Stalk" or otherwise harass another, collect or store personal data about other users, or harm minors in any way;
8. Register an e-mail address that you
do not own or for which you do not have the express permission of the owner to
register; or
9. Aggregate, copy or duplicate in any manner any of the materials or
information available from the Website, with out prior written
consent.
Disclaimer of Warranties. As a user of the
Website, you expressly agree that: YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
ADAMS KESSLER MAKES NO WARRANTY THAT ANY INFORMATION OR SERVICE PROVIDED BY THE
WEBSITE WILL MEET YOUR EXPECTATIONS, WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE. ADAMS KESSLER EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Downloaded Material. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Passive Conduit.
Adams Kessler's website is a passive conduit for the online distribution and
publication of user-submitted information. Adams Kessler does not screen
communications or information. Adams Kessler takes no responsibility for the activities of
job applicants or the companies posting job openings with respect to hiring,
recruiting or other practices (or any of the information posted or downloaded by
them on the Website). Adams Kessler may
investigate allegations of improper postings and determine in good faith and its sole discretion
whether to remove or request the removal of the communication.
Adams Kessler
has no liability or responsibility to users for performance or nonperformance of
such activities.
Waiver of Civil Code §1542. In the event you have a dispute with one or more users
of the Website,
you release Adams Kessler (and its agents and employees) from claims, demands
and damages (actual and consequential, direct and indirect) of every kind and
nature, known and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes. If you are a
California resident, you waive California Civil Code section 1542, which says: "A
general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if
known by him must have materially affected his settlement with the debtor."
Dealings with Advertisers. Your correspondence or business dealings with
persons or entities found on or through the Website are solely between you and such
persons or entities. You agree that Adams Kessler shall
not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings.
Links to Other Sites. The Website contains links to third party websites.
Adams Kessler does not endorse the contents on such websites. If you decide to access linked third party sites, you do so
at your own risk.
Limitation of Liability. In no event
shall Adams Kessler be liable for any direct, special,
indirect or consequential damages, or any other
damages of any kind, including, but not limited
to, loss of use, loss of profits, or loss of
data, whether in an action in contract, tort
(including, but not limited to, negligence), or
otherwise, arising out of or in any way
connected with the use of the Website or the
materials contained on, or accessed through, the
Website.
Indemnity. You agree to defend, indemnify and hold
harmless Adams Kessler and its partners, agents, affiliates, attorneys
and employees from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of content you
submit, post, transmit or make available through Adams Kessler's website, your violation of these
terms and conditions of use or your violation of any rights of another,
or relating to or arising from your use of the Website.
Statute of Limitations. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of or
related to use of the Website or this Agreement must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
Costs of Enforcement. The user of the Website agrees to be responsible for all costs incurred by
Adams Kessler in enforcing these terms of use. Such costs include, but are
not limited to, Adams Kessler’s reasonable attorneys’ fees and costs, including experts'
fees and any other costs incurred by Adams Kessler.
Waiver. Failure by
Adams Kessler to exercise or enforce any
right or provision of this Agreement shall not constitute a waiver of any
right or provision.
Choice of Law and Forum.
These terms and conditions shall be governed by
and construed in accordance with the laws of the State of California. You and
Adams Kessler agree to submit to the personal and exclusive jurisdiction of the courts
located within the county of Los Angeles, California.
Severability. If any provision of
these terms and conditions shall be deemed
unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable
from these terms and conditions and shall not
affect the validity and enforceability of any
remaining provisions.
Entire Agreement. The terms and conditions
in this Agreement constitute the entire agreement
between you and Adams Kessler and govern your use of the Website. This Agreement
supersedes any
prior communications or agreements between you and Adams Kessler regarding the
Website.

|