OSTERTAG LAW OFFICES 

Terms of Use, Attorney Advertising, and Disclaimer

© 2014 - 2017 Ostertag Law Offices. All rights reserved.

Last updated January 2014.

Welcome to the Ostertag Law Offices (sometimes "us," "we," or "our") Website. By accessing or using the Ostertag Law Offices website, www.ostertaglaw.com, and the ostertaglaw.com domain (the “Website”), you indicate that you have read and understand this Terms of Use Agreement (the “Terms”) and agree to be bound by it. You must accept the Terms in order to use the Website. If you do not understand the Terms, immediately stop all use of the website. The Terms may periodically change without notice, so you should check the Terms before every attempt to use the website. When the Terms are changed, the date of the most recent revision will appear at the top of this page.

I. Attorney Advertising
This Website is "advertising" as defined by Section 6157(C) of the California Business and Professions Code and a "Communication" as defined by Rule 1-400(A) of the California Rules of Professional Conduct. Moreover, under New York Lawyer's Code of Professional Responsibility, and in some other states, some materials contained on this Website may be considered attorney advertising.

This Website is published and maintained for general educational purposes only and is not intended to provide legal advice on any subject matter whatsoever. Any statements on this Website about prior results do not guarantee a similar outcome. Results  of a case depend upon a variety of factors unique to each representation.

Although this Website may be viewed from any state or territory of the United States of America or internationally, Ostertag Law Offices’ attorneys practice primarily in the State of California. The bar memberships of our attorneys are listed in the “Practitioners” section of the Website. Ostertag Law Offices’ attorneys are not authorized to practice law in any jurisdiction other than the jurisdiction for which they have gained admission.

II. No Legal Advice or Attorney-Client Relationship; Confidential Information
The information contained in this Website is provided solely for those who may wish to know information about Ostertag Law Offices. This information may not reflect current legal developments and is general in nature. Although the Website may provide information concerning potential legal issues, it is not a substitute for legal advice from qualified counsel. You should not and are not authorized to rely on the Website as a source of legal advice. Your use of the Website does not create any attorney-client relationship between you and Ostertag Law Offices.

The Website contains electronic contact information for Ostertag Law Offices' attorneys. The mere act of contacting a Ostertag Law Offices attorney electronically, however, does not create an attorney-client relationship.  If you wish to become a client of Ostertag Law Offices, you must contact an appropriate Ostertag Law Offices attorney, and explicitly negotiate a retention or attorney-client fee agreement. This Website is not an invitation to form an attorney-client relationship.

Unless you have an attorney-client relationship with Ostertag Law Offices, we are not obliged to keep confidential information you may send us.  Under no circumstances, therefore, should you send confidential information to Ostertag Law Offices unless you have been authorized to do so by an Ostertag Law Offices attorney or you have a pre-existing documented attorney-client relationship with Ostertag Law Offices. 

Please note that information transmitted electronically cannot be guaranteed to be secure. Ostertag Law Offices assumes no responsibility for the loss of confidentiality for any information that you transmit to us via the World Wide Web, Internet, or other electronic means.

III. User Conduct
You agree that you will not use the website for any illegal purpose. In addition, you agree that:

1.  You will not harvest, collect, or otherwise use contact information made available on the website for the purpose of sending unsolicited and/or improper communications, including without limitation, unsolicited bulk email (collectively, "spam") and that you will not use any Ostertag Law Offices communications facility to deliver or attempt to deliver spam;

2.  You will not attempt to gain unauthorized access to the Website or the servers and network associated with the Website;

3.  You will not circumvent or attempt to circumvent any security or access control technology implemented on the Website, or the servers and network associated with the Website;

4.  You will not use the Website in any manner designed to degrade the performance or functioning of the website, including, without limitation, launching Denial-of-Service ("DoS") attacks against the website.

IV. Intellectual Property Rights
All use of any materials or information on the Website is subject to the “Commercial Use of Ostertag Law Offices Website Materials, Pictures, and Screen Shots” section of these Terms.

A. Proprietary Rights Notice
The Website contains or may contain information, text, editorial content, notices, software (including HTML or XML-based computer programs), photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects, including logos (collectively, “Content”). All Content and the Website itself, including its “look and feel” (e.g., text, graphics, images, logos, and button icons), are protected under both United States of America and foreign copyright, trademark and other laws. The Content belongs to Ostertag Law Offices or is licensed to Ostertag Law Offices. 

B. Copyright Notice
Ostertag Law Offices claims a copyright in its works presented at this website. Ostertag Law Offices authorizes you to view, copy, download and print Ostertag Law Offices documents on this website, subject to the following conditions:

The documents may be used solely for personal, noncommercial and informational purposes. The documents may not be modified. The following copyright notice and permission notice must appear in each document: “© Copyright [Current Calendar Year] Ostertag Law Offices. All rights reserved.” 

Ostertag Law Offices documents available from this Website are protected by the copyright laws of the United States of America and international treaties. 

C. Trademark Notice
Trade names, logos and service marks of Ostertag Law Offices are trademarks of Ostertag Law Offices (the “Marks”). Without prior permission of Ostertag Law Offices, you agree not to display or use in any manner the Marks. Other logos, product and service names are the property of their respective owners, as may be indicated on the Website.

V. Commercial Use of Ostertag Law Offices Website Materials, Pictures, and/or Screen Shots
Reproduction, copying or redistribution of materials on the Ostertag Law Offices website for commercial purposes is prohibited without the express written permission of Ostertag Law Offices. To obtain permission to copy portions of this site, you must send an email to costertag@ostertaglaw.com and provide the following information in the body of the email:

1.  The Ostertag Law Offices content you wish to use;
2.  Where and how it will be used (for example, a book cover, magazine article, a brochure);
3.  Where and how copies will be distributed and to what audience;
4.  How many copies will be produced and distributed;
5.  When you intend to publish;
6.  What other non-Ostertag Law Offices materials will be associated with the Ostertag Law Offices content; and
7.  Your name, title, company, address, email address and phone number.

Ostertag Law Offices will evaluate your request and advise you as soon as possible. Ostertag Law Offices reserves the right to refuse permission to copy, distribute, broadcast or publish any of its copyrighted material, including text and images on our Website.

VI. No Warranties and Limitation of Liability
We make no guarantee that the information on this Website is up-to-date, accurate or complete, and you should not rely on it in making any decision, taking any action or refraining from taking any action.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES--INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY AND NON-INFRINGEMENT--ARE EXPRESSLY DISCLAIMED. ALL CONTENT AVAILABLE THROUGH THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. OSTERTAG LAW OFFICES MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT THEREIN. THE FOREGOING DISCLAIMER INCLUDES, WITHOUT LIMITATION, A DISCLAIMER OF ANY WARRANTY OR REPRESENTATION THAT THE WEBSITE WILL BE UNINTERRUPTED, RELIABLE, SECURE OR ERROR-FREE, THAT THE WEBSITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR EXPECTATIONS.

Under no circumstances and under no legal theory will Ostertag Law Offices, its suppliers or any other party involved in creating, producing or delivering the Website's contents be liable to you or any other person for any indirect, special, incidental or consequential damages of any character arising from your access to, or use of, the website.

VII. Indemnification
You agree to indemnify Ostertag Law Offices and hold us and our licensors and suppliers harmless from and against any and all losses, damages, costs or expenses, including reasonable attorneys' fees, arising out of (a) any violation of law by you, (b) any breach by you of these Terms or (c) your use of the Website. You must cooperate with Ostertag Law Offices in the defense of any claim. Ostertag Law Offices reserves the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Your obligation to indemnify and hold us harmless survives any expiration and termination of these Terms.

VIII. Links to Third-Party Websites
If you use any links on the Website to websites not maintained by Ostertag Law Offices, you will leave the Website. The linked websites are not under the control of Ostertag Law Offices and Ostertag Law Offices is not responsible for the contents of any linked website or any link contained on a linked website. Ostertag Law Offices provides these links to you only as a convenience and the inclusion of any link does not imply recommendation, approval or endorsement by Ostertag Law Offices of the third-party website.

IX. Employment Opportunities
Ostertag Law Offices welcome expressions of interest in employment. Ostertag Law Offices does not discriminate in hiring or employment on the basis of race, color, creed, ancestry, religion, sex (including pregnancy, childbirth or related medical conditions), sexual orientation, national origin, age, disability, marital status, gender identity, genetic information, physical or mental disability or medical condition as defined by applicable equal opportunity laws, veteran status or any basis prohibited under federal, state or local law. An invitation to submit your resume or express interest in a job through the Website is not intended to, and does not, create an offer or contract between you and Ostertag Law Offices for employment or for any other benefit. Any communication sent by you to Ostertag Law Offices inquiring about employment will not be considered an application for employment and creates no obligation on the part of Ostertag Law Offices to respond. Should Ostertag Law Offices be interested in exploring employment opportunities with you, we will contact you in response to your inquiry. 

X. Privacy
Ostertag Law Offices respects your privacy. Ostertag Law Offices’ privacy practices appear in our Privacy Policy, which is hereby incorporated by reference into these Terms. 

XI. Jurisdiction and Applicable Law
These Terms and your use of the Website are governed by the laws of California without regard to choice or conflicts of laws principles. Any legal action or proceeding related to this Website must be brought exclusively in a federal court of competent jurisdiction in San Francisco County, CA, or state court of competent jurisdiction in Marin County, CA.

XII. Severability
If any provision of these Terms is found to be void or unenforceable, such provision will severe and all other provisions will remain in force.

XIII. Contacting Us
If you have any questions about these Terms, you may contact us at costertag@ostertaglaw.com.