Effective March 7, 2010
Thank you (the website "user") for visiting www.winninginventor.com (this "website" or "site"). Your access to and use of this website are subject to your agreement to the terms of use set forth below. These terms of use supersede any prior terms of use, and are subject to change.
This website is owned and operated by attorney David M. Kleiman dba VALORTAS (hereinafter "the Company").
The Company makes available the information and materials on this website (the "Materials") for general informational purposes only. While the Company hopes and believes the Materials will be helpful, the Company cannot warrant that the Materials are accurate or complete. Moreover, the Materials are general in nature, and may not apply to particular factual or legal circumstances. In any event, the Materials do not constitute legal advice and should not be relied on as such.
As a user of this site you understand and agree that no information in this website constitutes legal advice, and that your use of this site or any resources on it, including any publications, media, or forms, does not in any way establish an attorney-client relationship between you and registered U.S. patent attorney David M. Kleiman. Use of this website, or purchasing a product or services through this website, does not in any way make you a legal services client of David M. Kleiman.
If you sign up as a registered user of this website, or order a product or service through this website, you are agreeing that the Company may communicate with you about its products and services, by email, facsimile, or any other means. You may opt out of receiving such communications by informing the Company in writing through the contact page on this website. However if you do opt out of receiving such communications your continued access to any premium content on this website may be immediately terminated.
Many of the Materials found on this site are subject to protection under the law against unauthorized copying. By accessing any portion of this website you are agreeing to respect the intellectual property rights of the Company, the rights of any others whose content may be found on this website, and are agreeing, representing and warranting that you shall not make unauthorized copies of any kind (electronic, print, or otherwise) of the site content, and shall not make any efforts to unlawfully copy or distribute the site content or publications. Specifically, unless expressly authorized you understand and agree that all content on this website is to be viewed or used by you only online through this website: It is strictly prohibited to make any copy of the content on this site for purposes of viewing, using, or distributing the content offline or not through this website.
TO THE FULLEST EXTENT ALLOWED BY LAW THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND/OR IMPLIED, REGARDING ANY INFORMATION OR MATERIALS ON THIS WEBSITE, ACCESS TO THIS WEBSITE, OR ANY PRODUCT OR SERVICE. SUCH DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, A FULL DISCLAIMER OF ANY AND ALL WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE COMPATIBILITY OF THIS WEBSITE OR ANY PRODUCT WITH A USER'S SYSTEM.
EXCEPT AS EXPRESSLY STATED OTHERWISE IN THE PRIVACY POLICY, THE COMPANY HEREBY DISCLAIMS ANY LIABILITY ON ACCOUNT OF ANY UNAUTHORIZED USE BY A THIRD PARTY OF USER USER PERSONAL INFORMATION, WHERE SUCH PERSONAL INFORMATION HAS BEEN ILLEGALLY OBTAINED, SUCH AS BY WAY OF EXAMPLE A THIRD PARTY GAINING UNAUTHORIZED ACCESS INTO A COMPANY DATABASE, OR INTERCEPTING ANY COMMUNICATION OF INFORMATION BETWEEN A USER AND THE COMPANY. USERS EXPRESSLY AGREE TO RELEASE, HOLD HARMLESS, AND INDEMNIFY THE COMPANY AGAINST ANY CLAIMS ARISING FROM SUCH UNAUTHORIZED USE OF USER PERSONAL INFORMATION.
THE USER ASSUMES FULL RESPONSIBILITY FOR ANY LOSS, DAMAGE, OR INJURY THAT MAY RESULT FROM THEIR USE OF THIS WEBSITE, INFORMATION OR MATERIALS CONTAINED ON THE WEBSITE, USE OF ANY THIRD PARTY HOSTING, PAYMENT & LICENSING SYSTEMS, OR INSTALLATION OF ANY THIRD PARTY PRODUCT NEEDED TO USE THIS WEBSITE.
THE USER WAIVES AND RELEASES ANY AND ALL CLAIMS, IN LAW OR EQUITY, THAT NOW EXIST, OR MAY ARISE, AGAINST THE COMPANY, ITS OWNERS, MANAGERS, EMPLOYEES, AGENTS, PROVIDERS, AFFILIATES, ATTORNEYS, AND REPRESENTATIVES AGAINST ANY AND ALL CLAIMS RELATED TO, OR ARISING FROM, THE USE OF THIS WEBSITE. THIS WAIVER AND RELEASE BY USER EXTENDS AND APPLIES TO ANY RELEASE THAT MAY BE COVERED BY CALIFORNIA CIVIL CODE § 1542 WHICH STATES THAT "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
THE USER ALSO AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY, ITS SPONSORS, EMPLOYEES, AGENTS, PROVIDERS, AFFILIATES, OWNERS, MEMBERS, ATTORNEYS, AND REPRESENTATIVES AGAINST ANY AND ALL CLAIMS BROUGHT AGAINST IT ON ACCOUNT OF THE USER'S ACTIVITIES RELATED TO THE USE OF THIS WEBSITE.
The Company will not be liable for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, any information on this website, whether or not caused by any negligent act or omission. It is agreed that the maximum liability to the Company for any claim related to the use of this website shall be a refund of any amounts that may have been paid by the user for access to the website, or for any products or services purchased through the website. If any law prohibits the exclusion or limitation of such liability, the Company hereby limits its liability to the extent permitted by law.
The Company reserves the right to refuse access to this website, or any products or services, to any person, for any reason, at any time, with a full refund being provided for any price paid for unused access to the website, or undelivered products or services.
The Company does not own, maintain or operate the servers that host this website, which are provided by a third party. As a visitor to this website you acknowledge this, and agree to accept all risk and liability associated with communicating and/or storing any information on such third party servers as a consequence of your visit to this website and/or initiation of any transaction.
It is understood and agreed that this website and these Terms of Use are governed by the laws of the State of California in the United States of America. For any dispute arising out of the use of this website, use of any product or service, or that relates to these Terms of Use, it is agreed to waive any right the website user or the Company may have to a jury trial and to instead submit all disputes of fact or of law to a referee pursuant to California Code of Civil Procedure § 638(a). Said referee shall be appointed pursuant to California Code of Civil Procedure § 640, and it is agreed that all proceedings related to any dispute shall take place in Los Angeles, California. It is further agreed that prior to the filing of any action in court, the Company may require the user to first participate in good faith in non-binding confidential mediation which shall take place in Los Angeles California and be conducted pursuant to the Commercial Mediation Rules of The American Arbitration Association.
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