Legal & Privacy

BY ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE NOTICE, TERMS OF USE, AND PRIVACY POLICY SET FORTH BELOW, AND AGREE TO BE BOUND BY THEM.

NOTICE

The information contained herein is provided for educational and informational purposes only, and should not be construed as legal advice. This web site contains general information and may not reflect the most current legal developments or information. The information is not guaranteed to be correct, complete or current. The Law Office of Shay Aaron Gilmore makes no warranty, expressed or implied, about the accuracy or reliability of the information in this web site. Recipients of content from this web site should not act or refrain from acting on the basis of any information included in the web site without seeking appropriate legal advice on the particular facts and circumstances at issue from an attorney licensed in California. The Law Office of Shay Aaron Gilmore expressly disclaims all liability with respect to actions taken or not taken by the recipient based on any or all of the information or other contents of this web site. The transmission of the contents of this web site, in whole or in part, does not constitute or create an attorney-client relationship between the Law Office of Shay Aaron Gilmore and any recipient(s). Nothing herein is intended to create an attorney-client relationship and is not intended as legal advice. The only way to become a client of the Law Office of Shay Aaron Gilmore is through a formal fee agreement.

TERMS OF USE

BINDING EFFECT. This is a binding agreement. By using the Internet site located at www.shaygilmorelaw.com (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by the Law Office of Shay Aaron Gilmore (“Company”) from time to time in its sole discretion. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 21 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found below. Company’s privacy policy is expressly incorporated into this Agreement by this reference.

DO NOT SEND CONFIDENTIAL INFORMATION. Unless Company agrees otherwise, you will not to send confidential information to Company, either by email or through the Contact form or by any other method, unless and until you and Company have entered into a written engagement agreement.

NO GUARANTEES, WARRANTIES, OR PREDICTIONS. Company makes no guarantees, warranties, or predictions regarding the result of any representation and nothing on this Site should be construed by you or understood by you to constitute any guaranty, warranty, or prediction by us regarding the result of any representation, including without limitation, any representation of you which we may agree to undertake by executing a formal written engagement agreement with you. This Site may contain descriptions of matters in which Company or its attorneys successfully represented clients. The results of these matters were dependent on specific circumstances, and are in no way intended to be predictive of future results, even in similar circumstances, or offer any type of guarantee, warranty, prediction or assurance of outcome.

COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights.

COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent via personal service or certified United States Mail at: Principal Shay Aaron Gilmore, Law Office of Shay Aaron Gilmore, 192 Douglass St, San Francisco, CA, 94114.

NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.

NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

LINKED SITES. Company has no control over, and no liability for any linked third party websites or materials. Company is not responsible for third parties whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these third-party sites, you acknowledge that Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.

PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

CONSENT TO MEDIATION AND ARBITRATION. Remedies under this Terms of Use agreement are exclusive and are limited to those expressly provided for in this agreement. At your or Company’s election, all disputes, claims, or controversies arising out of or relating to the Site that are not resolved by mutual agreement may be resolved by binding arbitration. Unless otherwise agreed by the parties, arbitration will be held in Santa Rosa, California before a single arbitrator mutually agreed upon by the parties. If the parties cannot agree on a single arbitrator, each will select a neutral and impartial arbitrator, who will in turn select a third arbitrator as chief arbitrator and the arbitration will proceed with a three-arbitrator panel. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in this Terms of Use agreement and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under this Terms of Use agreement, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing party) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.

CALIFORNIA USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Francisco County, California, USA in all disputes arising out of or related to the use of the Site or Service.

MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

BY ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE NOTICE, TERMS OF USE, AND PRIVACY POLICY SET FORTH HEREIN, AND AGREE TO BE BOUND BY THEM.


PRIVACY POLICY

Your privacy is important to us. The following policy explains how we will use the personal information that we, the Law Office of Shay Aaron Gilmore, collect from this website, www.shaygilmorelaw.com (“Site”). By using our Site, you are agreeing to accept the practices described in this policy.

What personal information do we collect from the people that visit our Site?

We collect email addresses for the purposes of contacting you back in regards to a specific question or if you wish to sign up for our email newsletter. This information is collected on our Homepage and our Contact Us page. If you communicate with us, we will collect all information provided in that communication.

If you are not already a client of the Law Office of Shay Aaron Gilmore, please do not share any confidential, secret, or otherwise sensitive information in your communications with the firm. The Law Office of Shay Aaron Gilmore does not have a duty or legal obligation to keep confidential any information you share with us absent an attorney-client relationship. Unsolicited emails sent to the Law Office of Shay Aaron Gilmore do not create an attorney-client relationship and any automated responses do not constitute legal advice.

How do we use your information?

We may use the information we collect from you when you register, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other Site features in the following ways: internal purposes, such as improving and maintaining our website; to ask for ratings and reviews of services or products; and to follow up after correspondence.


If you no longer wish to receive communications from the Law Office of Shay Aaron Gilmore or would like your personal information removed from our database, please email shay@shaygilmorelaw.com.

How do we protect your information?

Our Site is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible. If we collect sensitive information, such as credit card information, it is destroyed or securely stored. This information is stored on computers/servers that are kept in a locked and secure environment. Access to sensitive information is limited to employees who require that information to perform a specific job. We do not share, sell, trade, or otherwise transfer your Personally Identifiable Information to third parties.

Do we use ‘cookies’?

The Law Office of Shay Aaron Gilmore does not use cookies on our Site for the purpose of tracking or collecting information from our users. However, when you use our Site, our web server may automatically log certain information such as your IP address, the type of browser and operating system you use, the date and time you access the site, and other similar traffic-related information. This information is collected to help us internally improve our website, and we may provide such information to employees, contractors, and other agents to the extent needed to enable them to perform certain website-related services (i.e., web maintenance services) on our behalf. The Law Office of Shay Aaron Gilmore also reserves the right to disclose the information collected through our Site to a third party if we believe it is required by law, and/or to protect the rights, property, and safety of the firm, our users, and the public.

Third-party links

Our Site includes links to third parties. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites.

Agreement

Users can visit our site anonymously. Our Privacy Policy can easily be found at www.shaygilmorelaw.com/legal and a link to this page can be found on our website. Any changes to our Privacy Policy will be posted on our Privacy Policy page. You can change your personal information by emailing us at shay@shaygilmorelaw.com.

In order to be in line with Fair Information Practices principles, should any data breach occur, we will notify you by email within 7 business days.

Security

The Site has security measures in place to prevent the loss, misuse, and alteration of the information that we obtain from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.

Children’s Privacy

The Law Office of Shay Aaron Gilmore does not market services to children under the age of 13, and this Site is not intended for use by anyone under the age of 13. If you are under 13 years old, please do not provide any personal information on this website.

Consent

By using this website, you consent to the collection and usage of your information as described above. If we make any changes to this Privacy Policy, they will be posted on this Privacy Policy page. Please review this page often to familiarize yourself with the kinds of information we collect, when we collect this information, how we use this information, and under what circumstances we may disclose it. If you feel that we are not complying with this privacy policy, please contact us via email at shay@shaygilmorelaw.com.

Effective Date

June 17, 2019

BY ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE NOTICE, TERMS OF USE, AND PRIVACY POLICY SET FORTH ABOVE, AND AGREE TO BE BOUND BY THEM.