These Terms of Use were last modified and effective as of October 18, 2023.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF OUR SITES.
These Terms of Use govern your access and use of the website located at www.redfieldIP.com (the “Site”), as well as the information and materials on the Site, which is owned and operated by Redfield IP Professional Corporation (“Redfield IP,” “we,” “us,” or “our”).
These Terms of Use represent a legally binding agreement between you and us and apply to your use of the Site. By accessing or using the Site, you acknowledge that you have read, understood, and agree to comply with these Terms of Use and our Privacy Policy which is incorporated into these Terms of Use by reference. If you do not accept any of these terms, please do not access or use the Site.
We may from time to time change the terms that govern your use of the Site, and we will post a notice of the effective date of any material revisions to these Terms of Use on this page, and material revisions to our Privacy Policy will be posted on our Privacy Policy page. You should therefore check this page and our Privacy Policy page regularly. Your use of any of the Site following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed.
Privacy.
Your privacy is important to us. All information we collect on the Site is governed by our Privacy Policy. Please read it carefully since it describes how we collect and use information we obtain from you. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
No Attorney-Client Relationship.
Redfield IP provides visitors to the Site with general information concerning Redfield IP and its services, employees, articles, event details, and other general information. WHILE THE INFORMATION ON THE SITE MAY CONCERN LEGAL ISSUES, IT IS NOT LEGAL ADVICE.
YOUR USE OF THE SITE IS NOT INTENDED TO CONSTITUTE, AND DOES NOT CONSTITUTE, A SOLICITATION FOR THE FORMATION OF AN ATTORNEY-CLIENT RELATIONSHIP. NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED THROUGH YOUR USE OF THE SITE. Neither receipt of information presented on the Site nor any email or other electronic communication sent through the Site will create an attorney-client relationship, and any such email or communication may not be treated as confidential. No visitor to the Site should act or refrain from acting on the basis of information included on the Site without seeking the legal advice of counsel in the relevant jurisdiction.
Trademarks and Copyright.
Copyright in the content of the Site (including without limitation all images, illustrations, designs, icons, photographs, video clips, trademarks, service marks, the “look” and “feel,” color combinations, button shapes, layout, design, graphical elements, arrangement of items, written and other materials that appear on this Site, HTML and other code and all copyrightable or otherwise legally protectible elements on the Site) and all database rights in the Site (collectively, the “Content”) are owned by Redfield IP or its licensors and are legally protected under intellectual property laws. The modification, copying, distribution, or incorporation into any other work of part or all of the Site or its Content in any form is prohibited except that you may print or download extracts for your non-commercial, informational, and personal use only. All rights are reserved.
All trademarks, service marks, and trade names (“Marks“) are the property of Redfield IP, or the property of their respective owners, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by these Terms of Use.
Links from the Website.
There may be links that make it easier for you to connect to third party websites or that will let you access the Site from third party websites. Linked third party websites are not under our control, and we are not responsible for the contents of any linked third party website or any link contained in such a linked website. Existence of links to other third party websites is not an endorsement by us in favor of such website or the products or services contained in any third party website. If you choose to access a third party website linked on the Site, you do so entirely at your own risk. Concerns regarding services or resources or links to third party websites should be directed to the provider of the outside service or resource.
Restrictions on Access and Use.
In accessing or using the Site, you will comply with all applicable laws and regulations. Redfield IP reserves all rights, title, and interest in and to the Site and its content. You do not acquire any ownership rights in the Site or any information presented or supplied by the Site.
Unauthorized or prohibited use of Content may subject you to civil or criminal liability. In addition, you represent, warrant, and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law. You may not do the following in connection with use of the Site:
- Alter, delete, or conceal copyright or other notices, even if we let you download, display print or share the Content with others;
- Send unsolicited commercial email to the email addresses provided on the Site. The posting of email addresses is not to be construed as and does not constitute consent to use of them by any seller of services, any compiler of mailing lists, or any other non-authorized use without prior permission from us. In addition, spam, chain emails, advertising solicitations, and similar email solicitations are expressly prohibited;
- Post or transmit to or from the Site any unlawful, threatening, libelous, defamatory, obscene, inflammatory, indecent or pornographic material or other material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to any civil liability, or otherwise violate any applicable law;
- Post or transmit from the Site any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trade mark, or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
- Download any file posted by any other user if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner;
- Attempt to probe, scan, or test the vulnerability of the Site, system or network or to breach security or authentication measures without proper authorization;
- Interfere or attempt to interfere with the proper functioning of the Site or Redfield IP, including, without limitation, via means of submitting a virus to the Site or Redfield IP, overloading, “flooding,” “mailbombing,” or “crashing”;
- Send unsolicited e-mail of promotions and/or advertising of products or services;
- Forge any TCP/IP packet header or any part of the header information in any e-mail;
- Frame the contents of any part of the Site within any materials not originated by Redfield IP.
- Use “redfield”, “redfieldIP” or any other term incorporating the word “redfield” as an ad word, metatag, in banner ads, or in domain names.
- Use metadata from the Site for any purpose.
Changes to the Website.
We may update the content on the Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
Indemnification.
You agree to defend us against all claims, demands, or actions arising from or incurred as a result of your breach of these Terms of Use (“Claim”) and you shall indemnify and hold us harmless from and against any expenses, losses, damages and costs (including but not limited to reasonable legal costs and disbursements) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us, at our request, in the defense of any such Claim.
Site Content; Disclaimer and Limitation of Liability.
THE SITE AND ALL CONTENT ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY RELATING TO TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR PURPOSE. THERE IS NO GUARANTY OR ASSURANCE THE SITE OR CONTENT WILL BE AVAILABLE FOR USE OR THAT ALL CONTENT WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT THE SITE OR CONTENT IS ACCURATE, COMPLETE, OR ERROR FREE. ALTHOUGH REDFIELD IP ENDEAVORS TO ENSURE THAT THE CONTENT OF EACH SITE IS ACCURATE AND UP TO DATE (EVEN THOUGH IT IS UNDER NO OBLIGATION TO DO SO), VISITORS OF THE SITE SHOULD SEEK APPROPRIATE LEGAL ADVICE BEFORE TAKING OR REFRAINING FROM TAKING ANY ACTION BASED ON INFORMATION PROVIDED VIA THE SITE. THE CONTENTS OF THE SITE SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR EQUIPMENT, PROGRAMS AND INFORMATION, AND BY USING THE SITE, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH USE OF THE SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR ANY LOSS, DAMAGE, COST AND EXPENSE OF ANY KIND, DIRECT AND INDIRECT, IN CONNECTION WITH OR ARISING FROM THE SITE, CONTENT, ANY ACTION TAKEN (OR NOT TAKEN) AS A RESULT OF THE SITE OR CONTENT OR THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF CLAIM AND WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THE FOREGOING PARAGRAPHS DO NOT ATTEMPT TO AFFECT ANY OF YOUR STATUTORY RIGHTS AS A CONSUMER OR OTHERWISE UNDER THE APPLICABLE LAW OF THE RELEVANT JURISDICTION. TO THE EXTENT THAT THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE EXPRESSLY PROHIBITED BY LAW THOSE PARTS OF THE CLAUSES THAT ARE PROHIBITED WILL NOT APPLY. THE REMAINING TERMS AND CLAUSES WILL CONTINUE TO APPLY. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM EXCLUSIONS AND LIMITATIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED U.S. DOLLARS ($100).
Termination.
These Terms of Use are effective unless and until terminated by either you or us. You may terminate your acceptance of your agreement with us under these Terms of Use by discontinuing any further use of the Site. We may also terminate, discontinue, or suspend our Terms of Use and the Site at any time and may do so immediately without notice, and accordingly we may deny you access to the Site for any reason or no reason. Upon any termination of these Terms of Use by either you or us, you must promptly destroy all materials downloaded from the Site, as well as copies of such materials, whether made under the terms of this agreement or otherwise.
Severance and Waiver.
If any provision of these Terms of Use is found to be invalid by any court having jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of our Terms of Use, which shall remain in full force and effect. No waiver of any term of our Terms of Use shall be deemed a continuing waiver of such term or any other term.
Entire Agreement.
Except as provided herein, these Terms of Use, together with our Privacy Policy, which is incorporated by reference, constitute the entire agreement between you and Redfield IP and supersedes any prior understanding or agreements (written or oral) regarding the Site.
Governing Law and Jurisdiction.
All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of California and the United States without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Jose, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration.
At our sole discretion, we may require you to submit any disputes arising from these Terms of Use or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law and federal laws.
Miscellaneous.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. Any provision which must survive any termination of your agreement with us in order to allow us to enforce its meaning shall survive.
If we believe or have reason to believe or are notified of anything which could compromise or endanger the health or safety of any person, could damage persons or property (tangible or intangible), could adversely affect, infringe upon or misappropriate the rights of others, harasses or interferes with any other user, person, firm or enterprise, interferes with or by passes our security or other protective measures, violates any law or regulation or these Terms of Use, including our Privacy Policy, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under our agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.
Contact Us.
Questions regarding these Terms of Use or notifications of any errors should be directed by email to [email protected] or by mail to Redfield IP Professional Corporation, 50 Woodside Plz #107, Redwood City, CA 94061-2500.