1. Firm Website. California law firm Jeffer Mangels Butler & Mitchell LLP (The Firm)’s Website includes all Web pages under the site’s domain URLs, including HotelLawBlog.com and jmbm.com.
2. Use of Firm Website Constitutes Acceptance. This Agreement will constitute a binding and enforceable agreement between you (individually and in your individual capacity as an employee, officer, agent, partner, etc. of each organization you represent in connection with any use of the Firm Website) and the Firm. By using the Firm Website, you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement, exactly as if it were printed on paper and signed by you. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using the Firm Web site.
3. Business or Employment Use. Where you use the Firm Web site in the course of your employment or business, you enter into this Agreement both on your own behalf and in your individual capacity as an employee, officer, agent, partner, etc. of such organization which you represent, and references in this Agreement to “you” shall mean both you as the individual user of the Firm Web site and you in your capacity as a representative of your organization.
4. Changes to this Agreement. The Firm may remove, amend or replace any provision of this Agreement at any time, but, if it does so, the Firm will post such changes on the Firm Website at the URL terms-of-service.html.
5. Disclaimer. You agree to all terms of The Firm’s Disclaimer.
6. Firm Intellectual Property. All of the Intellectual Property, including, without limitation, all content, text, graphics, video and sounds on the Firm Website, and all computer code associated therewith, are the valuable proprietary property of the Firm, its licensors and contributors, and are subject to copyright, trademark and other intellectual property protection. You acknowledge and agree that the Firm has expended substantial time and effort to create the Firm Website, and the Content and Services provided through the Firm Website, and that the Firm exclusively owns or has been licensed by third parties to use and sublicense all rights, title and interest therein and all associated information, data, databases, images and other material.
7. Assignment. Your rights and obligations under this Agreement are personal to you and may not be assigned to any other party.
8. Force Majeure. The Firm will not, nor will any entity that is part of the Firm, be deemed to be in breach of this Agreement for any failure or delay in performance caused by reasons beyond its reasonable control, including any natural calamity, act of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, disruption or outage of communications, power or other, failure to perform by any supplier or other third party, or any other cause beyond the reasonable control of the Firm (or any entity that is part of the Firm).
9. Choice of Law and Forum. The Terms of Service and the relationship between you and The Firm shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and The Firm agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California.
10. Arbitration. The Firm may elect to resolve any controversy or claim arising out of or relating to these Terms of Service or our sites by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the county of San Francisco, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in the county of San Francisco, California, necessary to protect the rights or property of you or The Firm (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
11. Waiver. The Firm will not, nor will any entity that is part of the Firm, be deemed to have waived any breach by you of this Agreement, except by a written waiver expressly so stating, and such waiver will not be construed as a waiver of subsequent or continued breaches.
12. Severability. If any provision of this Agreement is held to be invalid or unenforceable, such invalidity or unenforceability will be limited to the maximum extent permissible, and the other provisions of this Agreement will remain in full force and effect.
13. Complete Understanding. This Agreement constitutes the final and complete agreement between the parties regarding the subject matter hereof, and supersedes any prior or contemporaneous communications, representations or agreements between the parties relating to the subject matter hereof.