TERMS OF USE

Welcome to wlelaw.com (the “Website”).  This website is operated by Wright, L’Estrange & Ergastolo (“WLE”).  Please read these Terms of Use carefully before using this Website.  By using the Website, you agree to be bound by these Terms of Use.  WLE reserves the right to modify these Terms of Use at any time by posting modified Terms of Use, and your continued use of the Website thereafter will constitute agreement with such modifications.

No Attorney Client Relationship or Legal Advice

Transmission of information through this Website is not intended to create, and receipt of same does not constitute, an attorney-client relationship.  Users of this Website should not rely upon transmission of an email message to WLE through this Website to create an attorney-client relationship, nor should they act upon any information in this Website without first consulting legal counsel directly.  The information in this Website is not intended to constitute legal advice or substitute for obtaining legal advice from an attorney licensed in the appropriate jurisdiction.  The information is provided as general information only, may be changed without notice, and may or may not reflect the most current legal developments or be applicable to your situation.  Prior results do not guarantee a similar outcome.  In accessing this Website, you agree that WLE is not engaged in rendering legal services or advice by providing the information and materials on this Website, and that your use of the Website does not create any attorney-client relationship between you and WLE.  WLE assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information or material on this Website.  While WLE takes reasonable measures to keep the information on this Website accurate, complete and up-to-date, WLE will not be responsible for any damage or loss related to the inaccuracy, incompleteness or lack of timeliness of the information.

Use In Other Jurisdictions

WLE attorneys practice primarily in California.  WLE makes no representation that materials on this Website are applicable in jurisdictions other than California.  This Website is not a substitute for legal advice from a qualified attorney in the appropriate jurisdiction.  This website is not intended to solicit employment in any state where WLE lawyers are not admitted to practice.  WLE is unwilling to assume the representation of clients from those states where the materials do not comply with State Bar requirements and where a client is generated as a result of that communication.

Privacy Statement/ Email Not Legal Notice

You should not send confidential information or information you regard as privileged to WLE through the Website’s email and messaging system without written confirmation from WLE of any legal services you may request.  Such communications shall in no way be deemed to constitute attorney-client communication or be privileged.  Communication through this Website’s email and messaging system shall also not be deemed to constitute legal notice to WLE, its partners, employees, agents or representatives where notice is required by contract, or any federal, state or local laws, rules or regulations.

Copyrights and Trademarks

All materials contained on this Website, including text, images, logos and/or other material (“Content”) and all intellectual property rights therein, including copyrights, trademarks, service marks, trade names and trade dress, are owned by WLE or its affiliates.  This Website and all of its content is copyrighted by WLE.  Content from the Website may not be rebroadcast, redistributed, or republished without the express written permission of WLE.  “WLE”, the WLE logo, “wlelaw.com” and other elements are also trademarks of WLE.  All rights are reserved.

Links to Other Sites

This Website may include links to other Internet sites that are beyond the control of WLE.  These links are provided solely as a courtesy to Website visitors.  The linked sites are not under the control of WLE and WLE is not responsible for the content of any such linked sites, makes no representations regarding any such sites and does not necessarily endorse or approve of the information, material, products or services contained on or accessible through any such linked sites.  You acknowledge that if you decide to access any of the linked sites, you do so entirely at your own risk.  WLE reserves the right to terminate any link on its Website at any time.

Disclaimer

WLE expressly disclaims all liability for any viruses or other contamination of your computer system or other device used to access this Website as a result of your use of this Website, and expressly disclaims all liability for all actions taken or not taken by you or others based upon any content of this Website.  The materials provided on this Website are provided “as is” and without warranty of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.  WLE assumes no liability for any errors or omissions in the content of this Website.  Use of this Website is at your own risk.  You assume full responsibility and risk of loss resulting from your downloading and/or use of files, content, or other material accessed through or obtained by means of this Website or any linked sites.  Your sole remedy for any dissatisfaction with any of the content of this Website is to refrain from using the Website.

Limitation of Liability

In no event and under no legal theory shall WLE, or its employees, partners, principals, affiliates, contributors, suppliers or any other party involved in creating, producing or delivering this Website’s content, be liable to you or others for any loss or injury, or any damages, whether direct, special, indirect, punitive, incidental, exemplary, consequential, or otherwise, whether based on breach of contract, tort (including negligence), product liability or otherwise, resulting from your access or use of this Website or its content or damages caused to you or others by viruses contained within electronic files of this Website or any linked site, regardless of prior notice to us.  You hereby waive any and all such claims against WLE, its employees, partners, principals, affiliates, contributors, suppliers, and any other party involved in creating, producing or delivering this Website and its contents. You agree that the limitations set forth above are fundamental elements of this agreement, and that the Website and its materials would not be provided to you absent such limitations.

Indemnification

You agree that you will not use this Website for any unlawful purpose, or for any purpose prohibited by these Terms of Use.  You agree to indemnify, defend and hold harmless WLE, its employees, partners, principals, affiliates and contributors from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to (i) your violation of these Terms of Use, and/or (ii) your posting or use of materials on this Website.

Governing Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.  Any dispute between you and WLE regarding the content or use of the Website shall be resolved by arbitration under the Commercial Rules of the American Arbitration Association, with hearings held in the English language in San Diego, CA, USA, and shall not be joined with any dispute that any other person or entity may have with WLE.

Non-Waiver

WLE’s failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right.

Data Collection / Cookie Policy

WLE recognizes that you may be concerned about our use and disclosure of your personal information.  Your privacy is very important to us, and the following will inform you of the information that WLE may collect from you, and how it is used.

i. Information Collection.

WLE may collect non-personal information, such as a domain name and IP Address.  The domain name and IP address reveals nothing personal about you other than the IP address from which you have accessed the Website.  WLE may also collect information about the type of Internet browser you are using, operating system, what brought you to the Website, as well as which of our web pages you have accessed.

Additionally, if you communicate with WLE regarding our Website or our services, WLE will collect any information that you provide to us in any such communication.

ii. Information Use.

WLE uses the collected information primarily for our own internal purposes, such as providing, maintaining, evaluating, and improving our services and Website, fulfilling requests for information, and providing customer support.

iii. Security.

WLE follows generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it.

If WLE collects sensitive information (such as credit card or billing data), that information is encrypted and transmitted to WLE in a secure way.  You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.

While WLE uses encryption to protect sensitive information transmitted online, WLE also protects your information offline.  Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information.  The computers/servers in which WLE stores personally identifiable information are kept in a secure environment.

iv. Cookies.

WLE uses “cookies” on this Website.  A cookie is a piece of data stored on a Website visitor’s hard drive to help WLE improve the visitor’s access to the Website and identify repeat visitors to the Website.  Cookies can also enable WLE to track and target the interests of its users to enhance the experience on the Website.

Cookies by themselves, cannot be used to determine the identity of any user.  Your User-ID automatically identifies your computer–but not you–to our servers when you visit our Website.  Unless you specifically tell us, WLE will never know who you are, even though we assign your computer a cookie.

v. Sharing.

WLE will not sell or otherwise provide the information we collect to outside third parties for the purpose of direct or indirect mass email marketing.

WLE will only disclose personal information and/or an IP address when required by law or in the good-faith belief that such action is necessary to:

  • Cooperate with the investigations of purported unlawful activities and conform to the edicts of the law or comply with legal process served on our company;
  • Protect and defend the rights or property of our Website and related properties; or
  • Identify persons who may be violating the law, the rights of third parties, or otherwise misusing our Website or its related properties

Ultimately, you are solely responsible for maintaining the secrecy of your personal information.  Please be careful and responsible whenever you are online.