Terms of Use, Disclaimer and Privacy Policy
(collectively, “Agreement”)

Kennaday Leavitt Owensby PC (KLO) offers www.kennadayleavitt.com (the “Site”) to users (alternately referred to herein as “you”). By using this Site, you signify your agreement with and acceptance of the terms of this Site and to the Agreement. The use of the Site by you is subject to the following terms and conditions:

 

KLO reserves the right to change the terms of this Agreement at any time, effective immediately upon posting on the Site. Please check this Site for changes from time to time. If you violate this Agreement, KLO may terminate your use of the Site, prevent you from future use of the Site and / or take legal action against you for any such violation.

 

KLO authorizes you limited authorization to copy, view, download, and print KLO documents on this Site, subject to the following conditions:

 

The documents may be used without modification solely for personal, non-business and informational purposes. The documents must contain the following notice: “© 2016 Kennaday Leavitt Owensby PC. All Rights Reserved.”

 

SOLELY FOR INFORMATIONAL PURPOSES

The materials available on this Site have been prepared by KLO and are intended for informational purposes only. The information provided on this Site is provided only as general information, which may or may not reflect the most up-to-date developments in the law. The opinions expressed on or through this Site are the opinions of the individual author and may not reflect the opinions of KLO or any individual attorney.

 

NO ATTORNEY-CLIENT RELATIONSHIP

The transmission of the information contained on this Site is not intended to create an attorney-client relationship between you and KLO. Furthermore, the receipt of such information does not make an attorney-client relationship between you and KLO. This Site contains information on legal issues and challenges and is not a substitute for legal advice from a qualified attorney licensed in the jurisdiction appropriate for you.

 

INITIAL CONSULTATION DISCLAIMER

Free consultations are intended to help identify the legal issues that may be involved in your particular matter and provide no guarantee as to the actual provision of legal services by Kennaday Leavitt Owensby PC. Free consultations will not necessarily resolve any of your legal issues.

 

OTHER JURISDICTIONS

KLO practices law only in the state of California. KLO does not seek to represent anyone in any jurisdiction where this Site does not comply with the laws of such jurisdiction or is in any way inconsistent with the rules governing communication of legal services in a particular state. KLO is unwilling to assume the representation of clients from any such states where the materials offered on this Site do not comply with State Bar requirements and where a client is deemed to have been created as a result of any such communication on the Site.

 

LIMITATION OF KLO LIABILITY

The information provided on this Site is provided on an “As Is” basis only without a warranty of any kind (either express or implied), including without limitation warranties of fitness for a particular purpose, warranties of merchantability or warranties of non-infringement. KLO assumes absolutely no responsibility for omissions or errors contained in the information on this Site.

 

THIRD-PARTY LINKS

KLO has included some links to related Internet sites maintained by third parties. KLO does not control in any respect any products, information, or services on any such sites to which the Site links. Moreover, KLO does not guarantee the accuracy, timeliness, completeness, reliability or content of such information.

 

PRIVACY

You should not send confidential information or information that you regard as privileged to KLO until you have received written acceptance from KLO to provide any legal services you may request of KLO. Without a written confirmation of confidentiality, the content of any correspondence you send via the Internet will not be considered confidential by KLO.

 

INFORMATION COLLECTED AND ITS USE

KLO collects visitors’ IP (Internet protocol) addresses to aid in administering the Site. Such addresses are used to anonymously identify individuals to enable KLO to gather general, non-personally identifying demographic information. You may elect to receive additional information about KLO in the form of emails. Visitors to the Site may also opt-out of receiving such emails.

 

NOTIFICATION OF CHANGES

If we plan to make significant changes to our privacy policy, such changes will be posted to this Agreement at least thirty (30) days in advance of such changes taking effect.

 

CONTACTING THE SITE

You may contact Kennaday Leavitt Owensby PC (KLO) at: 621 Capitol Mall, 25th Floor, Sacramento, CA 95814.  Any complaints, access requests and any other issues may be sent to KLO at the email address located on the contact page.  Any improper collection or misuse of information provided on the Site is a violation of this Agreement and should be reported to the email address on the contact page.

 

ATTORNEY ADVERTISING

Pursuant to California Rules of Professional Conduct, rule 1-400, you are advised that the contents of this Site constitute attorney advertising and that results in the past do not guarantee the same or a similar outcome in the future.

 

COMPLIANCE WITH RULES OF PROFESSIONAL CONDUCT

Unless otherwise specified, the attorneys listed on this Site are not certified by the State Bar of California Board of Legal Specialization and are not certified as a specialist in any practice area by the California State Bar Commission on the Continuing Legal Education and Specialization.

 

KLO is the office primarily responsible for the content of this Site. The attorney responsible for this Site is Kelli Kennaday. Please direct any questions about this Site to her at the email address located on the contact form.

 

PROPRIETARY RIGHTS IN SITE CONTENT

All content on the Site, including without limitation the designs, text, graphics, music, sound, photographs, pictures, video, information, applications, software and other files, and their arrangement and selection (the “Site Content”), are the proprietary materials and property of KLO or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, sold or transmitted in any form or by any means, in whole or in part, for commercial or business purposes. You agree that you may not upload or republish Site Content on any Internet or other site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of KLO, is strictly prohibited. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications, statutes and regulations. Unless explicitly set forth in this Agreement, this Agreement shall not be construed as conferring any license to any intellectual property rights, whether by implication, estoppel, or otherwise. This license is revocable at any time by the KLO without notice and with or without cause.

 

LIMITATION ON LIABILITY

IN NO EVENT WILL KLO OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF KLO IS AWARE OR HAS BECOME AWARE OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM KL, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

ARBITRATION

This Agreement shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce this Agreement before an arbitration panel. YOU AND KLO AGREE THAT, EXCEPT AS MAY OTHERWISE APPLY AND BE PROVIDED IN REGARD TO THE SITE, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS AGREEMENT AND THE SITE (INCLUDING YOUR VISIT TO OR USE OF THE SITE) SHALL BE FINAL AND BINDING ARBITRATION. Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules (the “AAA Rules”). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. In no event shall any claim, action or proceeding by you related in any way to the Site (including your visit to or use of the Site) be instituted more than one (1) year after the cause of action arose.

 

INDEMNITY

You agree to indemnify and hold the KLO, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any Site content, your use of the Site, your conduct in connection with the Site or any violation of this Agreement or of any law or the rights of any third party.

 

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and KLO regarding the use of the Site, superseding any prior agreements between you and KLO relating to your use of the Site. The failure of KLO to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.