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Kelly Disability Law

Terms of Use

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THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE WAIVER OF JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS OF USE.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH THE BEAUTIFUL GROUP MANAGEMENT, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms of use are entered into by and between You and Patrick J Kelly Law Office (“we” or “us” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of https://kellydisabilitylaw.com, including any content, functionality and services offered on or through https://kellydisabilitylaw.com (the “Website”). You fully and unconditionally agree to these Terms of Use. If you do not agree to these Terms of Use, please do not visit or use the Website. Any offer provided by us is conditioned upon your acceptance of these Terms of Use. By using the Website, you represent that you lawfully consent to U.S. jurisdiction for all purposes on our Website as if a resident of the U.S., and have the right, authority and capacity to enter into these Terms of Use. The latest version of these Terms of Use will be posted on this Website, and you should review these Terms of Use prior to purchasing any product or services that are available through this Website.

You should also carefully review our Privacy Policy before placing an order for products or services through this Website.

Changes to Terms of Use

We may revise these Terms of Use at any time by updating this page. Such changes will be effective immediately upon posting. It is your responsibility to periodically visit this page to review the most current version of the Terms of Use. Your continued use of the Website following such change will indicate your acceptance to these Terms of Use. You may print a copy of these Terms of Use for your reference.

Your Conduct

Visiting this Website:

By using this Website you agree not to:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity.
  • Falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading, or inaccurate email address or other contact information.
  • Restrict or inhibit other users from using the services.
  • Violate any applicable laws, rules, or regulations.
  • Express or imply that any statements you make are endorsed by us.
  • Engage in spamming or flooding.
  • Access or use (or attempt to access or use) another user’s content without permission.
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the services or the Website.
  • Remove any copyright, trademark, or other proprietary rights notices contained in or displayed on any portion of the Website.
  • “Frame” or “mirror” any portion of the Website, or link to any page from the Website without our prior written authorization.
  • Order or purchase services through the Website if you are not 18 years of age or older, or have the specific permission of a parent or legal guardian.

Accesing The Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Sharing Information

By using the Website, you agree not to upload, post, email or otherwise send or transmit any material that: (1) contains viruses, worms, Trojan horses, defects, date bombs, time bombs 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 associated with the Website; (2) is abusive, illegal, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights or otherwise objectionable or which may give rise to liability or violate any law; (3) is in violation of a copyright, trademark or other intellectual property or other right of any person; (4) requests personally identifiable information; or (5) contains any advertisement, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • Your User Contribution does not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary rights of any third party;
  • You hereby consent to the use of your likeness, and you acknowledge you have obtained the written consent, release, and/or permission of every identifiable individual who appears in a User Contribution to use such individual’s likeness, or if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us with a copy of any such consents, releases and/or permission upon our request)
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for us.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF OUR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

We may request that you submit evidence of your ownership of or right to use your User Contribution. If, upon such request, we do not receive information we deem sufficient to evidence such rights, we reserve the right to: (i) suspend the shipping of an order or service relating to such content, and/or (ii) share the content and information regarding the member with governmental organizations, law enforcement authorities or other third parties.

Age Limitations

You must be 18 to order or purchase services from this Website unless you have the specific permission from a parent or legal guardian. If you use any chat room or other community page on the Website, you must be at least 13 years old. We recommend that minors over age 13 (that is, between ages 13 and 18) obtain their parent’s or guardian’s permission before sending information about themselves to anyone online. Click here for tips on staying safe online.

If you are a convicted sexual predator, you are not allowed to use any such Website feature (chat rooms or community pages).

Obligations & Responsibilities

You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Website, we are acting only as a passive conduit for such distribution, and we are not undertaking any obligation or liability relating to any such content. We do not and cannot review all communications and materials posted to the Website, and we are not responsible for the content of such communications and materials. All such content is offered AS IS, and you view and use it at your own risk. You acknowledge and agree that we may (but are not obligated to) do any of the following, at our discretion: (1) monitor and/or filter any User Contributions; (2) remove or refuse to send, transmit, or otherwise use any User Contribution (including without limitation, by suspending the processing and shipping of any order related to any User Contribution); and/or (3) disclose any User Contribution, and the circumstances surrounding the transmission or use thereof to any third party.

If you become aware of misuse of the Website by any person, please contact us at info@kellydisabilitylaw.com.

Our Use of Information Submitted

You agree that we are free to use any comments, information, reviews, feedback, postings, materials, photographs, artwork, ideas, or any other content contained in any communication you may send to us, without notice, compensation or acknowledgement to you, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services and creating, modifying or improving the Website or other products or services.

Idea Submission

Any ideas and/or suggestions that you submit will be owned by us, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to us.

Compliance

You agree to comply with all applicable laws, statutes and regulations regarding your use of this Website and your purchase of products or services (if applicable) through our Website. We may, in our sole discretion report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware of any potential violation of the Terms of Use or our Privacy Policy, we may (but are not obligated to) conduct an investigation to determine the appropriate enforcement action, during which we may suspend services or terminate the account of any customer being investigated.

Termination

We reserve the right in our sole discretion to terminate or restrict your use of the Website or the services, without notice, for any or no reason, and without liability to you or any third party. You agree that we shall not be liable to you or any third party for any termination of your access to the Website or the services. At our sole discretion, we may modify or remove any User Contributions that violates or is inconsistent with these Terms of Use or their intent, that your conduct is disruptive, or you have violated the law, these Terms of Use, or the rights of us or another user. We will have no liability to you for any deletion of your User Contribution.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: legal@kellydisabilitylaw.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

Our name, our logo and all related names, logos, product and service names, designs and slogans are trademarks of us or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Copyright

The entire content of the Website, including but not limited to text, graphics and code, is our property. We grant you permission to electronically copy and print hard copy portions of the Website solely for your own personal, non-commercial use, provided that you do not change or delete any proprietary notices from downloaded or printed materials. Any other use, including but not limited to the reproduction, distribution, display or transmission of the Website content is strictly prohibited, unless authorized by us in writing.

Copyright Violations

We respect the intellectual property rights of others and will take appropriate steps to protect the intellectual property rights of third parties if it receives notice in accordance with the Digital Millennium Copyright Act. If you believe your copyright or the copyright of another has been infringed on, please provide our Copyright Agent with a written notice containing the following information:

  • a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that you believe has been infringed;
  • an identification of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringed is located on the Website;
  • information on how to contact you including your address, telephone number, and email address, if available;
  • 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; and
  • 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.

Claims of infringement should be mailed via certified mail, return receipt requested, to the following address:

Patrick J Kelly Law Office

USA

Attention: Legal Department

With a copy to: info@kellydisabilitylaw.com

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate us, an employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Trademarks

All trademarks, service marks and trade names of ours used on the Website are trademarks or registered trademarks of us in the U.S. and/or other countries. They may not be used without our prior express written permission. All other trademarks that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to or endorsed by us.

Warranty Disclaimer & Liability Limit

To the fullest extent permissible under applicable law, we present the Website and the services “AS IS” and without any warranty of any kind, whether express, implied, or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the functions contained in the Website will be uninterrupted or error-free, that defects will be corrected or that this Website or the server that makes this Website available are free of viruses or other harmful components. In the event of any breach of any warranty, your exclusive remedy shall be that we shall, at our option, repair, replace, or refund the price you paid for any defective goods. We assume no liability or responsibility for any errors or omissions on the Website; any failures, delays or interruptions in the Website’s accessibility; any losses or damages arising from the use of the Website; or any conduct by other users of the Website. We reserve the right to deliver the Website in our sole and absolute discretion. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing may not apply to you. IN NO EVENT SHALL WE, OUR AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR THESE TERMS, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ALL MATERIALS INCORPORATED THEREIN AND ALL FEATURES AND FUNCTIONALITY OF THE SERVICE) AND TOTAL LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT PAID FOR THE PRODUCT. Some states do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by law.

Indemnification

You agree to indemnify, defend and hold us, our shareholders, officers, directors, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, in whole or in part, out of your use of the Website or your violation of these Terms of Use, any law or the rights of any third party.

Electronic Notices

By using the Website, you agree to receive electronic communications from us. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Third-Party Links

The Website may link to sites operated by third parties. However, we have no control over these linked sites, all of which have their own terms of use and data collection practices. These linked sites are only for your convenience, and you access them at your own risk.

Disputes

Your use of the Website shall be governed by the laws of Delaware, without regard to choice of law provisions. Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of or relating to the Website shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Delaware. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises, or it shall be forever barred.

YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.

Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Use, for any failure or delay in our performance under these Terms of Use when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

General

The services are controlled and operated within the United States, and are not intended to be subject to the laws or jurisdiction of any country or territory other than that of the United States. We do not represent or warrant that the services or any part thereof are appropriate or available for use in any particular jurisdiction. Those who choose to access the services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules, and regulations. We may limit the services availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such provision. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. These Terms of Use do not and are not intended to confer any rights or remedies upon any person other than you.

Contact Us

If you have any questions about these Terms of Use, please contact us at: info@kellydisabilitylaw.com

Patrick J Kelly Law Office
2150 Mariner Square Dr
Suite 201
Alameda, CA 94501
USA

Last Updated: February 27th, 2024