Terms of Use
Acceptance:
These Terms of Use (“ToU”) set out the terms and conditions under which you may access and use the MJA INTELLECTUAL PROPERTY website (the “Website”) and any material made available on or through the Website (the “Content”). The ToU form a legally binding agreement between you and MJA INTELLECTUAL PROPERTY. By accessing or using the Website you accept and agree to be legally bound by the ToU. If you do not agree to be bound by the ToU, please do not access or use the Website.
MJA INTELLECTUAL PROPERTY reserves the right to revise the ToU at any time and it is your responsibility to check for such updates. Access to or use of the Website constitutes acceptances of the ToU applicable at that time.
Lawyer-Client Relationship Not Created:
Your access to or use of the Website does not create a lawyer-client, patent agent, trademark agent, advisory, fiduciary or other relationship between you and MJA INTELLECTUAL PROPERTY or between you and any MJA INTELLECTUAL PROPERTY member. Your use of the Website may facilitate communications with MJA INTELLECTUAL PROPERTY members by way or e-mails or otherwise – but such communications do not create a lawyer-client, advisory, fiduciary or other relationship.
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Website content – Legal advice not provided:
Content provided by way of the Website is for general information purposes only. It is not, and should not be taken as legal advice or opinion of any kind.
The Website is updated regularly, and we may change or include new Content from time to time. However, Content or any part therof may be out of date at any given time, and we are under no obligation to update such Content nor provide any indication of its currency.
You should not act, or fail to act, based solely upon the materials made available on the Website. You may contact a MJA INTELLECTUAL PROPERTY professional (or other legal counsel) to discuss any specific legal concerns you may have.
Communications Not Confidential:
The transmission of any material over the internet or any other network is subject to potential loss, interception or alteration. MJA INTELLECTUAL PROPERTY cannot guarantee the security and confidentiality of any communications made to, from, or through the Website and does not guarantee that any such communications are protected by privilege. MJA INTELLECTUAL PROPERTY does not assume any responsibility or risk for your use of the internet. If you wish to provide confidential or sensitive information to a member of MJA INTELLECTUAL PROPERTY, please contact them directly by telephone.
Limitation of Liability:
To the extent permitted by law, under no circumstances shall mja intellectual property, its partners, employees, consultants, officers, directors, or any other member, be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for damages or losses of any kind (including, but not limited to, any direct, indirect, special, punitive, incidental, exemplary or consequential damages, loss of profits, loss of data, fines, fees, penalties, and personal injury), resulting from your access to, use of, or inability to make use of, the website and the content. the foregoing limitation shall apply whether or not MJA INTELLECTUAL PROPERTY knew or ought to have known the possibility of such damages or loss.
Disclaimer of Warranties:
The Website and the Content is provided on an “as is” and “as available” basis and without warranties or representations of any kind, whether express or implied, including, but not limited to, warranties of merchantability, quality, accuracy, non-infringement, or fitness for a particular purpose. without limiting the generality of the foregoing, no warranty or representation is made that: (i) the website and the content is compatible with your electronic device and/or software; (ii) the website and the content is accurate, current or complete; (iii) that the operation of the website will be without interruption, errors or omissions; (iv) that defects in the website or the content will be corrected; (v) that the website will be free from viruses or other harmful components; and (vi) that communications to or from the website will be secure. you acknowledge and agree that you assume all responsibility and risk for access to and use of the website.
Release and Indemnity:
To the extent permissible under law, you agree to indemnify and hold harmless MJA INTELLECTUAL PROPERTY and its members from and against any claims, demands, liabilities, damages, and expenses (including all legal fees and disbursements), arising out of: (i) your use of the Website and the Content; (ii) your breach of any provision of the ToU; or (iii) your violation of any rights of another. MJA INTELLECTUAL PROPERTY reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations, and you agree to cooperate, at your cost, with our defense of any such matter.
Privacy Policy:
MJA INTELLECTUAL PROPERTY treats Personal Information that you submit on or through the Website in accordance with this Privacy Policy. Please read carefully the Privacy Policy, which sets out the privacy policies and practices of MJA INTELLECTUAL PROPERTY. By accessing or using the Website or by providing your Personal Information on or through the Website, you acknowledge and consent to the use of your Personal Information by MJA INTELLECTUAL PROPERTY in accordance with the terms in the Privacy Policy current at that point in time.
Limited Right:
Subject to the terms and conditions of these ToU, you are granted a limited, fully revocable, non-transferable and non-exclusive right to access and use the Website for your personal, non-commercial use. This limited right is automatically revoked upon termination or expiration of the ToU, whichever occurs first.
No Unlawful or Prohibited Use:
The Website and Content (including, but not limited to, text, graphics, photos, illustrations, software, videos, trademarks, and logos) are protected by copyright, trademark and other intellectual property laws throughout the world, and are owned by MJA INTELLECTUAL PROPERTY and/or its licensors, or the party accredited as the provider or owner. You acquire absolutely no rights or licenses to the Website or Content apart from the limited right to access and use them in accordance with these ToU. As such, any use, including, but not limited to, reproduction, retransmission, distribution, modification, translation of, or creation of derivative works based on, the Website or the Content, in whole or in part, and any disassembly, reverse engineering or other exploitation of the Website or the Content, is strictly prohibited without prior written permission.
You acknowledge and agree that you will not use the Website and the Content for any unlawful or improper purpose.
Intellectual Property:
All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is our property or the property of our parents, subsidiaries, our affiliates, partners or licensors, and is protected by United States laws, including laws governing copyrights and trademarks.
Except as set forth below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
Your Obligations and Responsibilities:
By accessing or using the Site or any Content, you agree that you will comply with these Terms of Use and any warnings or instructions on the Site. You agree that when accessing or using the Site or any Content, you will act in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms of Use, if you default negligently or willfully in any of the obligations set forth in these Terms of Use, you shall be liable for all the losses and damages that this may cause to us, our parents, subsidiaries, affiliates, partners or licensors.
Linking:
The Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page at www.mjaintellectualproperty.com. The linking must be fair, and in no way derogatory, defamatory or otherwise harmful. The linking must not damage our reputation or take advantage of it. Moreover, the link must not suggest any form of association, approval or endorsement by MJA INTELLECTUAL PROPERTY, where none exists. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of Content on the Website other than that set out above, please address your request to maria@mjaintellectualproperty.com
Links from our website/ Links to third-party sites:
Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. If you use these links, you will leave our Website. We have not reviewed these third-party websites and we have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We do not endorse or make any warranties or representations about the other websites, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to our Website, you do this entirely at your own risk.
Copyright Infringement Notices:
We respect the intellectual property of others and require that users of the Site do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Site’s use privileges of users who are repeat infringers of intellectual property rights. Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following:
– A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
Identification of the copyrighted work(s) that you claim has been infringed;
– A description of the material that you claim is infringing and the location of that material on the Site;
– Your address, telephone number and email address;
– A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
– A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
– You can contact our designated agent for notifications of claimed infringement at: maria@mjaintellectualproperty.com.
NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING MJA INTELLECTUAL PROPERTY THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP BY EMAIL TO MARIA@MJAINTELLECTUALPROPERTY.COM.
Governing Law and Jurisdiction:
Notwithstanding any conflict of laws principles or your domicile, residence or physical location, you acknowledge and agree that the laws of the state of California and the federal laws of United States shall govern the access and use of the Website, as well as the interpretation, effect and validity of the ToU. You hereby consent and submit to the exclusive jurisdiction of the courts of the state of California with respect to any legal proceeding related to the Website and agree not to commence any such proceeding except in California, Unites States.
Indemnification:
You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand arising from (i) your use of the Sites or the Site Content in violation of any law, rule, regulation or these Terms of Use, or (ii) any part of your User Content. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Termination:
MJA INTELLECTUAL PROPERTY may at any time, without notice, terminate your right to access and use the Website. MJA INTELLECTUAL PROPERTY shall not be liable to any party for such termination. The restrictions imposed on you with respect to the Website and the Content as set out in this ToU, shall survive any such termination.
Entire Agreement:
These ToU, including any documents referenced herein, constitutes the entire agreement between you and MJA INTELLECTUAL PROPERTY with respect to your access and use of the Website and the Contents and supersedes all prior or contemporaneous agreements or communications between you and MJA INTELLECTUAL PROPERTY or any of its members with respect to the Website or the Contents. No delay or omission by MJA INTELLECTUAL PROPERTY in enforcing the performance of any provision of this ToU shall be construed as a waiver of the provision or any right to subsequently enforce the provision. If any of the provisions in the ToU are determined to void, or for any reason unenforceable, you agree that the remaining provisions remain in full force and effect. The section titles used in the ToU are for convenience only and have no legal or contractual effect.
Reserved Rights:
All rights reserved. No part of the Website or the Content may be reproduced, modified, distributed, sold, republished, broadcast, or circulate in any form without the prior written consent of MJA INTELLECTUAL PROPERTY, except to the extent that such use is for your personal non-commercial use, provided that you maintain all copyright, trademark and other notices. All copies must include this copyright notice.
MJA INTELLECTUAL PROPERTY and the MJA INTELLECTUAL PROPERTY logo are trademarks of MJA INTELLECTUAL PROPERTY. Our trademarks may be registered or unregistered in other countries as applicable. Any use of such trademarks, except as expressly provided for herein, is strictly prohibited without the express written consent of MJA INTELLECTUAL PROPERTY. Certain trademarks of third parties may be used by MJA INTELLECTUAL PROPERTY under licence, but the display of such third-party trademarks on the Website should not be interpreted to imply that MJA INTELLECTUAL PROPERTY endorses the wares or services of such third parties.
General:
You acknowledge and agree that these Terms of Use constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site. The Effective Date of the current version of the Terms of Use is at the bottom of this page. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms of Use. We may, with or without prior notice, terminate any of the rights granted by these Terms of Use. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms of Use shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole but these Terms of Use shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms of Use are for convenience only and shall not be used in its interpretation.
If you have any questions regarding these Terms of Use, please email us at maria@mjaintellectualproperty.com
Last Update: March 2023