Terms of Use

DISCLAIMER

Material found at this web site is for general information purposes only; it is not legal opinion or legal advice and does not establish an attorney-client relationship. Bullard Law does not seek to represent you based on your visit to this web site. You should contact an experienced attorney to obtain advice about any particular factual situation or legal issue. All of our lawyers are licensed to practice in Oregon. Some of the lawyers in our firm are admitted to practice in other states, including Washington and California.

We may provide links to other sites that are for useful or informative purposes only. We have obtained permission to provide these links. These links do not constitute an endorsement, sponsorship or recommendation of any information, products or services found therein.

Copyright 2012 Bullard Law. All rights reserved. Bullard Law and Working for Employers are registered trademarks of Bullard Smith Jernstedt Wilson.

PRIVACY POLICY

Bullard Law respects and values your privacy. The purpose of this Privacy Policy is to clearly state our policies and procedures regarding collection of your personal information and how we use it. Please read the following with care, because by using or accessing our Website, you agree to this Privacy Policy. This Privacy Policy may change from time to time. Your ongoing use of this Website is judged to be acceptance of any changes, so may be necessary to review our Privacy Policy regularly for any updates.

Some of the ways that we may use information that you provide to us or that we may collect about you are:

• To provide information about products or services that you request.
• To respond to your inquiries for posted positions.
• To respond to requests for proposals.
• When you subscribe to newsfeeds, blogs and emails.
• To provide you with invitations to seminars, conferences and other engagements.
• Collect anonymous traffic data and geographic location, derived from your IP address, and perform web analytics by using software and cookies.

The Bullard Law Privacy Policy does not apply when:

• When the information received is in the course of an attorney-client relationship.
• When the information received is collected in a different format such as in-person meetings, by telephone or on paper.
• When the information is collected by any other company, affiliate, or, third-party site or by any third-party application that may link to or be accessible from this Website.

TERMS OF USE

Bullard Law provides this website (the "Site") subject to your compliance with the terms and conditions set forth in these Terms of Use (the "Site Terms"). By using the Site, you agree to be bound by these Site Terms. If you do not agree to these Site Terms, you must not use the Site. Bullard Law may at any time, in its sole discretion, revise or otherwise update these Site Terms by posting amended Site Terms on the Site and any changes will be effective immediately upon posting. Your use of the Site following the posting of updated Site Terms constitutes acceptance of those terms. Further, Bullard Law reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice, as set forth below.

While visiting our website you may be invited to sign-up to receive emails and marketing materials, to register for seminars and workshops, or to submit your resume for a job posting, or submit a request for proposal. During this process, we collect several types of information from you and about you as a user of our website. The type of information we collect may include:

• Your contact information, such as: name, address, email, company, phone number, and other related information requested on our online forms.
• Your status as a client of Bullard Law now or in the past, or of another firm.
• Business contact information you provide to us in requests for proposals for services.
• Details of transactions you carry out through our Website and of the fulfillment of your orders. Please do not submit sensitive personal information such as Social Security number or state driver's license number as we will not ask or use this type of information.
• Your responses to surveys that we might ask you to complete for research purposes, although you do not have to respond to them.
• Records and copies of your correspondence, if you contact us.
• Information we receive from third parties, for example, our business partners, suppliers and vendors that provide services such as webinars, videos, training materials, books and other services.

The information we track about you may include:

• Usage Details and IP Addresses. As you navigate through the Website, we may also collect details of your visits to our Website, including, but not limited to, traffic data, location data, logs and other communication data, and the resources that you access, as well as information about your computer and internet connection, including your IP address, operating system and browser type, for system administration and to report aggregate information. This is statistical data about our users' equipment, browsing actions and patterns, and is not intended to identify any specific individual cookies. For the same reason, we may obtain information about your use of our Website by using cookies. A cookie is a small file stored on the hard drive of your computer.
• Cookies help us improve our Website and deliver a better and more personalized service by enabling us to:
  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website according to your individual interests.
  • Recognize you when you return to our Website.

You may also receive cookies from third parties we engage to help us provide our Website, such as Google Analytics, which we use to gather information about how visitors use our Website.

You may refuse to accept cookies by activating the appropriate setting in your browser software. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

DATA SECURITY

We have implemented reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. Unfortunately, the transmission of information via the internet is not completely secure. Although we try to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk.

THIRD PARTY WEBSITES

This Website contains links to third party websites, such as LinkedIn (for more information about our Lawyers), Facebook (for more information about our community activities), Twitter (for news and status updates) and Constant Contact (to allow you to register and pay for seminars and other services). These links and pointers to third-party websites are not part of the Bullard Law Website. Bullard Law does not make any representations or warranties regarding any third-party websites. These third-party websites might have privacy policies different from Bullard Law. If you follow our links to these websites or services, any information you contribute will be governed by the terms of use or privacy policies for those third-party websites, and may be visible to others.

We advise you to review the privacy and security policies of all third-party websites before you share any personal information. You should never share or post personal, financial or sensitive information or any information you expect to be treated confidentially through those websites. Bullard Law is not responsible for any losses or damages in connection with the information, security, privacy, down time, content or accuracy of materials of any third-party websites.

COPYRIGHT

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 3 below, is strictly prohibited. You do not acquire ownership rights to any article, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the Site may be the copyrighted work of third parties.

LIMITED LICENSE; PERMITTED USES

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site solely in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

RESTRICTIONS AND PROHIBITIONS ON USE

Your license for access and use of the Site and any information, materials or documents (collectively defined as "Content and Materials") therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 3 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved there from; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial e-mail; (2) e-mail that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating e-mail, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.

FORMS, AGREEMENTS & DOCUMENTS

We may make available through the Site sample forms, checklists, business documents and legal documents (collectively, "Documents"). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITH "ALL FAULTS", AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Documents are only samples and may not be applicable to a particular situation.

LINKING TO THE SITE

You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, the copyright notice or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.

DESIGNATION

To the extent the Bar Rules in your jurisdiction require us to designate a single attorney responsible for this site, we designate

ERRORS, CORRECTIONS AND CHANGES

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. The law is constantly changing and the information may not be complete or accurate depending on your particular legal issue. Each legal issue depends on its individual facts and different jurisdictions have different laws and regulations. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

UNLAWFUL ACTIVITY

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, IP addresses and traffic information.

INDEMNIFICATION

You agree to indemnify, defend and hold us and our partners, associates, agents, attorneys, employees, subcontractors, successors, assigns, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Site.

DISCLAIMER

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

LIMITATION OF LIABILITY

(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (i) any errors in or omissions from the Site or information obtained, (ii) the unavailability or interruption of the Site or any features thereof, (iii) your use of the Site, (iv) the content contained on the Site, or (v) any delay or failure in performance beyond the control of an Affiliated Party.

(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

COPYRIGHTS AND COPYRIGHT AGENTS

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site;
d. Your address, telephone number, and e-mail address;
e. 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
f. 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 by directing an e-mail to the Copyright Agent at akitchen@bullardlaw.com.

LEGAL COMPLIANCE

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.

MISCELLANEOUS

This Agreement shall be treated as though it were executed and performed in and shall be governed by and construed in accordance with the laws of the State of (without regard to conflict of law principles). Any cause of action by you with respect to the Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 16 and Section 17. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision of this Agreement nor affect any of the rights or obligations of the parties to this Agreement. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed as much as possibly consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

ARBITRATION

Any legal controversy or legal claim arising out of or relating to this Agreement or the Site (excluding legal action taken by us or you to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement), shall be settled solely by confidential binding arbitration in accordance with commercial arbitration rules. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in. Each party shall bear one-half of the arbitration fees and costs incurred, and each party shall bear its own attorneys' fees.

BLOG

As lawyers, we have a professional obligation to post the following rules and regulations:

• The opinions, thoughts and rants posted to the (blog title) blog are provided only as a public service to the web community and do not constitute solicitation or provision of legal advice. Repeat: nothing on this blog is intended to create an attorney-client relationship and nothing posted constitutes legal advice. We hope you will post comments, but if you do, you should be aware that nothing you post in a comment will be protected by either the attorney-client privilege or the work product doctrine.
• If you choose to email any of the authors at (blog title), please do not include any confidential, secret or otherwise sensitive information concerning any potential or actual legal matter in the email transmission. Unsolicited emails do not create an attorney-client relationship and confidential or secret information included in such emails cannot be protected from disclosure. The authors of this blog have no duty to keep confidential any information you provide them. An attorney-client relationship can only be created by the mutual assent of both parties and only after a consultation. You can contact any author to discuss this further.
• Although we hope it is obvious, you should understand that our opinions, thoughts and rants may or may not reflect the opinions of (law firm).
• We reserve the right to change our comments after further reflection. As a result, the opinions expressed on this blog should not be used against the authors of this blog or (law firm) in the future should you meet any of us in person.
• We will try to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to from (blog title). Since legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing on (blog title) should be used as a substitute for the advice of legal counsel.
• The authors of this blog are only authorized to practice law in the jurisdictions in which they are properly licensed to do so. At this time, the authors of this blog are licensed to practice law in the states and courts listed on their biographical pages. To access this information, please visit the People page.

BULLARD ALERTS

This alert has been prepared by (law firm) to provide information on recent legal developments of interest to our readers. It is not intended to provide legal advice for a specific situation or to create an attorney-client relationship.