Terms of Use - California Professional Fiduciaries

Last Modified: June 12, 2018

Welcome to the CAL-LPF website (the “Site”). The Site serves as an online resource for individuals seeking a California Licensed Professional Fiduciary to manage matters for and provide critical services to seniors, persons with disabilities, and children. Please review the following terms and conditions of use, which govern your use of the Site (the “Terms”). Access to and use of the Site is conditioned upon acceptance of and compliance with these Terms. By accessing the Site, you agree to be bound by these Terms. If you do not agree with any part of these Terms, then you do not have permission to access the Site. By using the Site, you represent and warrant that you are of legal age to form a binding contract or have the consent of a parent or guardian who is of legal age.

ACCESS TO THE SITE AND ACCOUNTS
No registration or account is required in order to use the Site to search for a California Licensed Professional Fiduciary (“Fiduciary”). If you are an active Fiduciary you will be listed on the Site. CAL-LPF collects and displays public information on Fiduciaries as provided by the California Department of Consumer Affairs Professional Fiduciaries Bureau (“Bureau”). All such information provided by the Bureau is publicly available. This public information includes a Fiduciary’s name, address, and license number. Fiduciaries may elect in their sole discretion to create an account on the Site to add additional information such as a photo, additional contact information (e.g. phone number and email address), areas of specialization, hourly rates, languages spoken, and a detailed description of their services, etc. Lawyers that have worked in a professional capacity with Fiduciaries may also access the Site to leave a review of a Fiduciary (other than their own client). Account registration is required to submit a review. Lawyers will be asked to submit their name, address, license number from the State Bar of California, and additional contact information for verification purposes. By signing up lawyers will be able to participate in CAL-LPF’s “fiduciary rating” system and update their existing basic business profile page. When you create an account on our Site, you represent and warrant that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. We reserve the right to refuse service or terminate accounts in our sole discretion. After you create an account you may request in writing that such account be closed.

By creating an account on our Site, you agree to receive information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we may send.

You are responsible for maintaining the confidentiality of your account and password, including, but not limited to, restricting access to your computer or account. You may not share your account, username, or password with any other party or use the account, username, or password of any other party. You will be solely responsible for all activities undertaken and all obligations made by you or through your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.

To the extent that the Site allows you to link your account to any social networking or other online accounts, you may only link your own accounts. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf as your agent, and permit us to access, use and, in some cases, store your account information.

RIGHT TO CHANGE THE SITE
We reserve the right to modify or suspend the Site, or any service, content, feature or product offered through the Site, or terminate your right to access or use any portion of the Site, with or without notice, at any time in our sole discretion. You agree that we shall not be liable to you or to any third party for any modification, suspension, or restriction of the Site or any portion thereof. Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the Site is inaccurate at any time without prior notice.

CONTENT
Unless otherwise noted, the Site, all materials on the Site, and the intellectual property in such materials (“CAL-LPF Content”), are owned, controlled or licensed by CAL-LPF. The CAL-LPF name and logo are trademarks of CAL-LPF. The Site and the CAL-LPF Content are intended solely for personal, non-commercial use. The CAL-LPF Site is free to use and access. You may download or copy the CAL-LPF Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded CAL-LPF Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted herein), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the CAL-LPF Content or the Site.
Any third-party content, products, or services posted on, transmitted through, or linked from the Site are the sole responsibility of the third-party originator. If you choose to access any third-party content, you do so at your own risk. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE OR ANY THIRD-PARTY CONTENT, PRODUCTS, OR SERVICES.

CONTENT YOU PROVIDE
Our Site allows Fiduciaries and lawyers that have worked with a Fiduciary in a professional capacity to post, link, store, share, and otherwise make available certain information, text, graphics, or other material (“User Content”). You are responsible for the User Content that you post on or through the Site, including its legality, reliability, and appropriateness. We take no responsibility and assume no liability for User Content you or any third party posts on or through the Site.

The Site is publicly viewable and you should have no expectation of privacy or confidentiality in any User Content you post. You agree that any User Content you post will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right and will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or any third parties regarding the source of any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party.

By submitting User Content to the Site, you grant, and you represent and warrant that you have the right to grant and hereby do grant, CAL-LPF, its partners and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, publish, distribute, sublicense, and otherwise disclose, prepare derivative works of, or incorporate into other works, the User Content, for any purpose without restriction and without providing any attribution or compensation to you. If you do not want us to use your User Content, please do not post it to the Site. We maintain the right, but not the obligation, to monitor and edit all User Content posted on the Site.

WHAT YOU AGREE TO DO AND NOT DO
By accessing or in any way using the Site and any of the Site’s functionality, including, but not limited to, creating an account and uploading User Content, you represent and warrant as applicable that:

you will only access and use the Site for legal purposes;

you have all necessary legal capacity, right, power, and authority to enter into and be bound by these Terms;

if you are a Fiduciary or lawyer you will only have one (1) account;

all content you upload onto the Site is wholly original to you or you have the right to use and upload such content and neither the content or your use of the content infringes on the rights of any third party;

you will provide all required information and complete all required aspects of the account registration process;

all information you provide to us in connection with an account is true, accurate, and complete;

you will keep your account information secure;

you will abide by all requirements of CAL-LPF, including, but not limited to, these Terms;

you will use the Site in a professional manner; and

you will abide by all applicable laws when submitting your account and/or account registration information and while engaging in all other activities that flow from your access to the Site.

Further, you may not in any way use the Site or post or submit to us or to the Site anything which in any respect:

is in breach of any law, statute, regulation, or bylaw of any applicable jurisdiction, including, but not limited to, disclosure and regulatory requirements, privacy laws, anti-spam laws, intellectual property laws, tax laws, employment laws, and export control laws;

may violate or infringe the rights of others;

is fraudulent, criminal, or unlawful;

is inaccurate or out-of-date;

may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;

impersonates any other person or body or misrepresents yourself or a relationship with any person or body;

uses content (including, but not limited to, images) or information that you do not have the right to post or use;

involves posting or sending unsolicited or unauthorized spam, junk mail, pyramid schemes, or anything similar thereto;

is unprofessional, including being dishonest;

uses, discloses, or distributes content or information in violation of these Terms;

is contrary to any specific rule or requirement that we stipulate herein and/or on the Site;

implies, states, or suggests that you are affiliated with or endorsed by us without our explicit advance written consent;

monitors the Site’s availability, functionality, and performance for any competitive purpose;

frames, mirrors, or otherwise simulates the functionality and/or physical appearance of the Site;

rents, leases, loans, trades, sells, or resells access to the Site and related content and data;

involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots, or any code or computer programming routines that are intended to or does damage, disable, overload, detrimentally or otherwise interfere with, surreptitiously intercept or expropriate any system, data, information, or Personal Information or interferes with any other party’s use and enjoyment of the Site;

hacks into the Site, or modifies another website so as to falsely imply that it is associated or affiliated with the Site;

violates any applicable laws, rules or regulations in your jurisdiction;

uses or copies any material directly from the Site, including, but not limited to, onto other websites;

frames any of the Site onto your own or another person’s website or mobile application; or

accesses or attempts to access any password-protected, secure or non-public areas of the Site without our express advance written permission.

We reserve the right to refuse any account registration. We may, in our sole discretion, limit how you can use the Site. We reserve the right to refuse or cancel your account if fraud or an unauthorized or illegal transaction is suspected and/or if we believe you are in breach of these Terms or misusing the Site.

PRIVACY
We respect the privacy of your personal information. Please view our Privacy Policy for more information.

DISCLAIMER OF WARRANTIES AND LIMITATION ON DAMAGES
THE SITE IS OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, DISCLAIMING ALL WARRANTIES, INCLUDING SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE ASSUME NO LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, INFORMATION OR ANY THIRD PARTY WEBSITE(S) OR PRODUCTS OR INFORMATION, OR FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE.WE DO NOT GUARANTEE THAT THE SITE WILL FUNCTION WITHOUT INTERRUPTION OR BE ERROR FREE.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SITE AND THE MATERIALS INCLUDING, WITHOUT LIMITATION, ANY OF THE INFORMATION CONTAINED THEREIN. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL CAL-LPF OR ANY OF ITS OWNERS, PARTNERS, OR SUCCESSORS AND EACH OF ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION: (I) YOUR USE OF, RELIANCE UPON, ACCESS TO (OR LACK THEREOF), OR EXPLOITATION OF THE SITE, (II) THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE OR LINKED FROM THE SITE, AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER LEGAL THEORY. YOUR SOLE REMEDY IS TO CEASE USE OF THE SITE. NOTWITHSTANDING SUCH LIMITATION, UNDER NO CIRCUMSTANCES SHALL CAL-LPF’S MAXIMUM AGGREGATE LIABILITY TO YOU BE MORE THAN FIVE HUNDRED DOLLARS ($500.00).

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CAL-LPF AND SHALL APPLY TO ALL CLAIMS OF LIABILITY, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

CAL-LPF does not warrant that: a) the Site will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.

Some states or jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages. If you reside in one of these states or jurisdictions, the above limitations or exclusions may not apply to you.

INDEMNITY
You shall defend, indemnify, and hold harmless, CAL-LPF and its owners, partners, successors, and each of its and their directors, officers, employees, contractors, representatives, and agents from all liabilities, claims, and expenses, including reasonable attorneys’ fees and other legal costs, that arise from or relate to (i) your use or misuse of the Site; (ii) violation of these Terms; (iii) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity; or (iv) any User Content you submitted. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

COPYRIGHT POLICY
We respect intellectual property rights and will remove or disable access to any material on the Site that infringes any copyright after being properly notified by the copyright owner or the copyright owner’s legal agent. If you believe that any content on the Site violates your copyright, please provide our copyright agent with the written information specified below:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

an description of the copyrighted work that you claim has been infringed;

a description of where the material that you claim is infringing is located on the Site;

your address, telephone number, and e-mail address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:

David Schnider
Nolan Heimann LLP
16133 Ventura Blvd., Ste. 820
Encino, CA 91436
dschnider@nolanheimann.com

CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use the Site after any revisions, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.

EMAIL
Feel free to email CAL-LPF at info@callpf.test. However, any communication may be lost, intercepted or altered. CAL-LPF is not liable for any damages related to communications to or from the Site. You agree with respect to any information provided by you to us through the Site or via e-mail that:

CAL-LPF has no obligation concerning such information;

The information is non-confidential;

CAL-LPF may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation (for purposes of clarification, all submissions, suggestions, corrections, additions, modifications, etc. you submit are owned outright, solely, and exclusively by CAL-LPF without any consent, approval, notice, or compensation to you); and

The information is truthful and disclosure of the information does not violate the legal rights of others.

GENERAL LEGAL PROVISIONS
These Terms are governed by the laws of the State of California, U.S.A., without regard to conflicts of laws principles, as if this were a contract wholly entered into and wholly performed within the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in the County of Los Angeles, California, U.S.A., for all disputes arising out of or relating to accessing or using the Site. Access to or use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.

If any provision in these Terms is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. All rights not expressly granted herein are hereby reserved.