Terms and Conditions
Last updated 11.18.2024
AGREEMENT TO OUR LEGAL TERMS
We are The Law Offices of Arta Wildeboer, doing business as The Law Offices of Arta Wildeboer, Wildeboer Legal, LOAW, Workers’ Compensation Law Group, WCLG, and WCLG Downey ("Company," "we," "us," "our"), a company registered in California, United States, at 8280 Florence Ave, Ste. 210, Downey, CA 90240.
We operate the website http://www.wildeboerlegal.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by phone at 562-608-8887, email at inbox@wildeboerlegal.com, or by mail to 8280 Florence Ave, Ste. 210, Downey, CA 90240, United States.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and The Law Offices of Arta Wildeboer, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all
of these Legal Terms.
IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. By continuing to use the Services after the date such revised Legal Terms are posted, you will be subject to and deemed to have accepted the changes.
The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of and be directly supervised by their parent or guardian to use the Services. If you are a minor, your parent or guardian must read and agree to these Legal Terms prior to you using the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement within such jurisdiction or country. Those who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.
The Services are not tailored to comply with industry-specific regulations (e.g., Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA)). If your interactions are subject to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our Intellectual Property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.
Your Use of Our Services
Subject to your compliance with these Legal Terms, including the "Prohibited Activities" section below, we grant you a non-exclusive, non-transferable, revocable license to:
Access the Services; and
Download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to inbox@wildeboerlegal.com. If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors and ensure that any copyright or proprietary notice appears or is visible.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these intellectual property rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your Submissions
Please review this section and the "Prohibited Activities" section carefully prior to using our Services to understand the rights you give us and obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. We shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services, you:
Confirm that you have read and agree with our "Prohibited Activities" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening, sexually explicit, false, inaccurate, deceitful, or misleading;
To the extent permissible by applicable law, waive any and all moral rights to any such Submission;
Warrant that any such Submissions are original to you or that you have the necessary rights and licenses to submit them and that you have full authority to grant us the rights in relation to your Submissions; and
Warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions, and you expressly agree to reimburse us for any losses that we may suffer because of your breach of this section, any third party's intellectual property rights, or applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
You have the legal capacity and you agree to comply with these Legal Terms;
You are not under the age of 13;
You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services;
You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;
You will not use the Services for any illegal or unauthorized purpose; and
Your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming, that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any software comprising or making up a part of the Services.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
Sell or otherwise transfer your profile.
Use the Services to advertise or offer to sell goods and services.
5. USER GENERATED CONTRIBUTIONS
The Services does not offer users the ability to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services' Privacy Policy. When you create or make available any Contributions, you represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us and other users to use your Contributions as contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each identifiable individual person in your Contributions to use their name or likeness to enable inclusion and use of your Contributions as contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable.
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten any other person or promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography or intended to protect the health or well-being of minors.
Your Contributions do not include offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in termination or suspension of your rights to use the Services.
6. CONTRIBUTION LICENSE
You and the Services agree that we may access, store, process, and use any information and personal data that you provide, following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with them. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions and you expressly agree to exonerate us from any responsibility and refrain from any legal action against us regarding your Contributions.
7. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria:
You should have firsthand experience with the person/entity being reviewed;
Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language;
Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
Your reviews should not contain references to illegal activity;
You should not be affiliated with competitors if posting negative reviews;
You should not make any conclusions as to the legality of conduct;
You may not post any false or misleading statements; and
You may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have no obligation to screen or delete reviews, even if anyone considers them objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of our affiliates or partners. We do not assume liability for any review or claims resulting from any review. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right to reproduce, modify, translate, transmit, display, perform, and distribute all content relating to reviews.
8. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to:
Monitor the Services for violations of these Legal Terms;
Take appropriate legal action against anyone who violates the law or these Legal Terms, including reporting such user to law enforcement authorities;
In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof;
Remove from the Services or disable all files and content that are excessive in size or burdensome to our systems; and
Otherwise manage the Services to protect our rights and property and to facilitate the proper functioning of the Services.
9. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: http://www.wildeboerlegal.com/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.
Please be advised the Services are hosted in the United States. If you access the Services from other regions with laws governing personal data collection, use, or disclosure that differ from U.S. laws, you are transferring your data to the United States and consent to its transfer and processing.
We do not knowingly accept or solicit information from children or market to children. In accordance with the U.S. Children's Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information without verifiable parental consent, we will delete that information promptly.
10. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF THE SERVICES OR DELETE ANY CONTENT OR INFORMATION YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account, you are prohibited from registering and creating a new account under your name or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.
11. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our Services. We will not be liable for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions or errors. We reserve the right to change or discontinue the Services without notice. You agree that we have no liability for any loss or inconvenience caused by your inability to access or use the Services during downtime.
12. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be performed entirely within the State of California, without regard to its conflict of law principles.
13. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute"), you and we agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"). Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules. The arbitration may be conducted in person, through documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested. The arbitration will take place in Los Angeles, California.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law:
No arbitration shall be joined with any other proceeding;
There is no right or authority for any Dispute to be arbitrated on a class-action basis;
There is no right or authority for any Dispute to be brought in a representative capacity on behalf of the general public or others.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions:
Disputes seeking to enforce or protect intellectual property rights;
Disputes related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and
Claims for injunctive relief.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed above.
14. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors and to change or update the information on the Services at any time, without prior notice.
15. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES, AND WE WILL ASSUME NO LIABILITY FOR ANY:
ERRORS OR INACCURACIES OF CONTENT;
PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES;
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN;
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES;
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE TRANSMITTED THROUGH THE SERVICES BY ANY THIRD PARTY; AND/OR
ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR TRANSMITTED VIA THE SERVICES.
WE DO NOT WARRANT, ENDORSE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE FEATURED IN ANY BANNER OR OTHER ADVERTISING.
16. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US.
17. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorneys' fees, due to or arising out of:
Use of the Services;
Breach of these Legal Terms;
Any breach of your representations and warranties set forth in these Legal Terms;
Your violation of the rights of a third party, including intellectual property rights; or
Any harmful act toward any other user of the Services.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate at your expense with our defense of such claims.
18. USER DATA
We will maintain certain data that you transmit to the Services for managing performance, as well as data relating to your use of the Services. Although we perform routine backups, you are solely responsible for all data you transmit or that relates to your activity. We have no liability to you for any loss or corruption of such data.
19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communication be in writing.
YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.
You waive any rights or requirements requiring an original signature or delivery or retention of non-electronic records.
20. SMS TEXT MESSAGING
Opting Out
If at any time you wish to stop receiving SMS messages from us, simply reply to the text with "STOP." You may receive an SMS message confirming your opt-out.
Message and Data Rates
Message and data rates may apply to any SMS messages sent or received. Rates are determined by your carrier and mobile plan.
Support
If you have any questions or need assistance regarding our SMS communications, please email us at inbox@wildeboerlegal.com or call at 562-608-8887.
21. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
22. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.
We may assign any or all of our rights and obligations to others at any time. We shall not be responsible for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is severable and does not affect the validity of remaining provisions.
There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services.
You agree that these Legal Terms will not be construed against us by virtue of having drafted them.
You waive any defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties.
23. CONTACT US
To resolve a complaint regarding the Services or to receive further information, please contact us at:
The Law Offices of Arta Wildeboer
8280 Florence Ave
Ste. 210
Downey, CA 90240
United States
Phone: 562-608-8887
Email: inbox@wildeboerlegal.com