TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use apply to you when you view, access or otherwise use the web site located at www.castlepublications.com (the "Site"). The Site is owned by Castle Publications, LLC ("Castle Publications"). We grant you a nonexclusive, nontransferable, limited right to access, use and display the Site and the materials provided hereon, provided that you comply fully with these Terms and Conditions of Use.
1. No Attorney Client Relationship. We provide this Site for general informational purposes only. Because many of Castle Publications’ authors and speakers are affiliated with the law firm Sheppard, Mullin, Richter, & Hampton and some of the information on the Site relates to legal topics, no attorney client relationship is created between you and us when you use the Site. By using the Site, you agree that the information on this Site does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and Castle Publications or Sheppard, Mullin, Richter, & Hampton. Do not consider the Site to be a substitute for obtaining legal advice from a qualified attorney licensed in your state. The information on the Site may be changed without notice and is not guaranteed to be complete, correct or up-to-date. While we try to revise the Site on a regular basis, it may not reflect the most current legal developments. The opinions expressed at or through the Site are the opinions of the individual author and may not reflect the opinions of Castle Publications or Sheppard, Mullin, Richter, & Hampton.
3. Copyright Notice. All materials and software published on or used on the Site are protected by copyright, and are owned or controlled by or licensed to Castle Publications, or the party listed as the provider of the materials or software. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL IS PROHIBITED. You may download any downloadable materials displayed on the Site only for personal, noncommercial and informational purposes, provided that the documents are not modified and provided you maintain and abide by all copyright, trademark and other notices contained in such material or if none, you include the following copyright notice in such downloaded materials:
© Copyright 2022 Castle Publications, LLC. All rights reserved.
4. Commercial Use of Castle Publications Site Materials and Screen Shots. Reproduction, copying, or redistribution of materials on the Castle Publications Site for commercial purposes is prohibited without the express written permission of Castle Publications. To obtain permission to copy portions of this site, please send email to [email protected] and provide the following information in the body of the email:
• the content you wish to use;
• where, when and how it will be used (for example, a seminar, newsletter or news article);
• where and how copies will be distributed and to what audience;
• how many copies will be produced and distributed;
• what other materials will be associated with the Castle Publications content; and
• your name, title, company, address, email address and phone number.
We will evaluate and respond to your request as soon as possible. Castle Publications reserves the right to refuse permission to copy, distribute, broadcast, or publish any of its copyrighted material, including text and images on our Site.
5. Links to Other Sites and/or Materials. Links may appear on the Site that may be used to link to other Site(s). These links are provided solely as a courtesy to our Site visitors. Castle Publications has no control over the linked Sites or the materials, information, goods or services available or contained on these linked Sites. Castle Publications is not responsible for and does not endorse or warrant in any way any materials, information, goods or services available through such linked Sites or any privacy or other practices of such Sites. If you decide to access any of the linked Sites, you do so entirely at your own risk. Castle Publications reserves the right to terminate any link at any time.
6. Registration and Passwords. At times, we may or may not require you to have a password and provide registration details to access this Site or portions of this Site. If we do require a password and registration details, the details you provide must be correct, current and complete. If we believe that the details are not correct, current and complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account, if any. You are responsible for maintaining the confidentiality of any password(s) you are given to access this Site or any portion hereof, and you are fully responsible for all activities that occur under your password(s). You agree to notify us immediately of any unauthorized use of your password(s). We reserve the absolute right not to issue a password to any person or entity.
7. Prohibited Actions. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the Site for anything other than a lawful and legitimate purpose. You agree not to use the Site to carry out any unauthorized alteration of any data or information on the Site or to conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. The Site is not intended for use by anyone under the age of 19. We reserve the right to limit or deny your access to the Site or take other appropriate action if you violate any provision of these Terms and Conditions of Use or if you conduct any activity that violates the rights of any person or entity, or which we in our sole discretion deem unlawful, offensive, threatening, abusive or potentially harmful or malicious.
8. Email May Not Be Used to Provide Notice. Communications made through the Site's email and messaging system shall in no way be deemed to constitute legal notice to Castle Publications or any of its officers, employees, agents or representatives, such as where notice to Castle Publications is required by contract, or any federal, state or local laws, rules or regulations.
9. Disclaimer; Limitation of Damages.
(a) Castle Publications expressly disclaims all liability for any viruses or other contamination of your computer system or other device used to access this Site as a result of your use of this Site, and expressly disclaims all liability for actions taken or not taken based on any or all of the contents of this Site. THE SITE IS PROVIDED "AS IS", 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. WITHOUT LIMITING THE FOREGOING, CASTLE PUBLICATIONS MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE.
(b) USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.
10. Limitations on Liability and Remedies. CASTLE PUBLICATIONS’ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH CASTLE PUBLICATIONS (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SITE) IS TO DISCONTINUE YOUR USE OF THE SITE. CASTLE PUBLICATIONS, ITS AFFILIATES, SUPPLIERS AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THIS SITE OR MATERIALS OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH CASTLE PUBLICATIONS. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF CASTLE PUBLICATIONS HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS CASTLE PUBLICATIONS’ AND ITS SUPPLIERS’ OR VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF CASTLE PUBLICATIONS WILL BE LIMITED TO, IN THE SOLE DISCRETION OF CASTLE PUBLICATIONS, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK, OR (2) REFUND OF ANY FEES FOR THIS SITE RECEIVED BY CASTLE PUBLICATIONS FROM YOU.
11. Applicable Laws; Venue. Castle Publications operates the Site from its offices in California and makes no representations that materials in the Site are appropriate or available for use in other locations. The display of the Site alone does not subject Castle Publications to any specific jurisdiction. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations. You may not use or export any of the Site materials in violation of U.S. export laws and regulations. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein. Any action arising out of or related to the access, use, content, or existence of this Site shall be filed only in the appropriate state or federal court located within the State of California. The access, viewing or use of this Site constitutes the user's express permission and consent to the jurisdiction of the state and/or federal courts of the State of California for purposes of such actions.
12. Contact Information. If you have any questions regarding these Site Terms or this Site, please contact us by email at [email protected].