Like most companies with an online presence, Atticus sets forth terms that govern your use of our service. By using our website, you agree to abide by them.
1. Acceptable Use
In general, you agree not to attempt to access any information Atticus has not intentionally made available to you; or to copy or resell any Atticus content or materials; or to hack, crawl, or scrape our website in any way.
Any time you take advantage of the ability to communicate with Atticus employees, fellow website users, or the general public through our platform, you agree not to do any of the following:
(a) Violate the law (b) Collect information about others without their consent (c) Inhibit the ability of other users to take advantage of our service (d) Upload files that are protected by others' legal rights or may damage another’s computer (e) Advertise any service for business purposes (f) Say anything inappropriate, defamatory, obscene, indecent, threatening, or profane (g) Falsely represent yourself or your situation in any way
Atticus reserves the right to review and remove posted materials for any reason, and to disclose such materials as necessary pursuant to any legal proceeding or governmental request.
2. Consent to Be Contacted
By providing your email address, mailing address, or phone numbers you agree that you may receive communications from Atticus, such as emails, text messages, or physical mail of any kind. Any phone calls between you and Atticus may be recorded for quality and training purposes. You agree that agreements, notices, disclosures, and other communications that we provide to you via email, text message, or another electronic medium satisfy any legal requirement that such communications be in writing.
3. License Grant
When you post or transmit content on Atticus, you hereby grant Atticus a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such content, including throughout the world in any media. If you submit feedback or suggestions about our services, we may use your feedback or suggestions without obligation to you. If you post a review of our Service, we may post that review or share it with others — including your initials and location (e.g., “J.M., Fresno, CA”) — without obligation to you.
4. Electronic Signatures
You consent to use electronic signatures on Atticus — either through our website or via our partners — as enabled under the federal U.S. Electronic Signature in Global and National Commerce Act (ESIGN) and state Uniform Electronic Transactions Acts (UETAs). You agree that no certification authority or other third party verification is necessary to validate your electronic signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature or any resulting contract signed using electronic signature services or technology.
5. Our Copyright & Intellectual Property
Atticus retains all right, title and interest in and to its products and services, including — without limitation — software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights. All materials presented on this site, including our design, text, and graphics are copyrighted and owned by Atticus Law, P.C., unless in the public domain or attributed to another source. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.
Except as otherwise provided in this agreement or on this website, you may not, and may not permit others to reproduce, modify, translate, enhance, decompile, disassemble, download, distribute, reverse engineer or create derivative works of any of our products and services; sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products and services; or circumvent or disable any security or technological features of our products and services.
6. Copyright Infringement & DMCA
If you believe that material on our website infringes upon a copyright which you own or control, file a DMCA Notice of Alleged Infringement with our designated copyright Agent: Atticus Law, P.C. Attn: DMCA Complaint 810 East 3rd Street, Suite 401, Los Angeles, CA 90013 Email: email@example.com
7. Links to Third-Party Sites
8. Limitation of Liability
To the fullest extent permitted by law, Atticus and its affiliates makes no warranties, expressed or implied, regarding our services. We hereby disclaim and negate all other warranties, including — without limitation — implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Our website is provided as is.
To the fullest extent permitted by law, Atticus and its affiliates shall not be held liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages or any loss of use, data, business, or profits, regardless of legal theory, whether or not Atticus has been warned of the possibility of such damages or such damages were foreseeable, and even if a remedy fails of its essential purpose.
To the fullest extent permitted by law, Atticus’s aggregate liability for all claims related to our services shall not exceed $100 or the amount paid by you to Atticus for the services in question, whichever is greater.
9. Release and Indemnity
You agree to release, forever discharge, and hold harmless Atticus, our employees, and our affiliates (as well as their respective officers, employees, directors, and agents) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, and actions for any kind of injury (including death) arising out of or relating to your use or misuse of our services, on behalf of yourself and your heirs, executors, agents, representatives, and assigns. You agree that this release has been freely and voluntarily consented to and you confirm that you fully understand what this agreement means.
Atticus reserves the exclusive right to settle, compromise, and pay claims or losses resulting from your use or misuse of our services and to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses. In any event, you agree to not settle any claims without prior written consent by Atticus.
Atticus reserves the right, at its discretion and without notice, to terminate your license to use these services and to block or prevent your access to and use of the services. In the event of such termination, you agree that you have no right to obtain a copy of any data or communications you stored or effected via the services.
11. Mandatory Arbitration, Dispute Resolution, & Class Action Waiver
In the event of a dispute arises between you and Atticus, we mutually agree that the party initiating the dispute will inform the other in writing and then work together for 60 to resolve the dispute informally. You agree to inform us via email at firstname.lastname@example.org; we agree to inform you via email at the address you most recently provided us, or if that’s not possible via any other contact information reasonably calculated to reach you. (If you have provided us no such contact information, we have no obligation under this paragraph.) For a period of 60 days from the date of receipt of notice, you and Atticus will engage in a dialogue in order to attempt to resolve the dispute through informal means.
If Atticus is not able to resolve a dispute with you through informal means, then we mutually agree to resolve any such dispute through binding arbitration under the auspices of JAMS Alternative Dispute Resolution (“JAMS”), and not to sue in court. JAMS will administer any such arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, and the arbitrator’s decision will be final except for a limited right of review under the Federal Arbitration Act (“FAA”). Before moving an unresolved informal dispute into arbitration, you must first send us a Notice of Dispute describing the nature and basis of the claim or dispute and the specific relief sought, via email to email@example.com.
Arbitration must be commenced by filing a demand for arbitration with JAMS within one year from when it first could be filed. Otherwise, the claim is permanently barred. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
Whenever feasible, the arbitration will be held telephonically unless the arbitrator finds good cause to hold an in-person hearing instead. In-person hearings shall be held in Los Angeles County (California) or any other location as to which we may then mutually agree.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
The enforcement of the arbitrator’s award will be controlled by and conducted in conformity with the FAA. Judgment upon any award may be entered in any court holding jurisdiction.
Notwithstanding our agreement to arbitrate disputes as provided above, the following exceptions will apply to the resolution of disputes between us:
Small Claims Court: Either you or Atticus may assert claims, if they qualify, in small claims court in Los Angeles, California. Any small claims court action must be filed within one year from when it first could be filed.
Injunctive relief: Atticus may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of our services, or any intellectual property infringement. In these instances, Atticus may seek injunctive relief without first engaging in the informal dispute resolution or arbitration process described above.
Disputes not covered by arbitration: In the event that the agreement to arbitrate provided herein is found to be inapplicable or unenforceable for any reason, then as a condition to your use of our services we agree that any resulting judicial proceedings will be brought in the federal or state courts of Los Angeles, California, and you and Atticus expressly consent to venue and personal jurisdiction in such courts.
12. Entire Agreement
These Terms constitute the entire agreement between you and Atticus with respect to the subject matter of these Terms, and supersede and replace any other agreements (including previous versions of these Terms). These Terms create no third party beneficiary rights.
13. Controlling Law
If any provision of these Terms is found to be invalid or unenforceable, such provision will be severed to the extent necessary for the remainder to be valid and enforceable.
Section headings within these Terms are provided for convenience only and have no legal effect.
Throughout these Terms, the word “including” shall be deemed to mean “including, without limitation.”
To the extent permitted by applicable law, you agree to waive any statutory or common law principles that dictate that a contract should be construed against its drafter.
No failure or delay by Atticus in exercising any of its rights, powers, or remedies will operate as a waiver of such rights, powers, or remedies.
You may not assign any of your rights under these Terms or delegate your duties under them. Atticus may assign its rights or delegate its duties, in whole or in part, to any party without notice.
No modification of these Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
Atticus may change the provisions of these Terms at any time, and any new or revised terms will immediately govern subsequent use of our services. (You can reject new or revised terms by discontinuing use of our services.) We will always post the most up-to-date version of these Terms here on our website.