Website Terms of Use

Thank you for visiting the Heisler & Associates website.

YOUR USE OF THIS WEBSITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS OF USE”). BY USING THIS WEBSITE, YOU CONSENT TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE.

The information provided on this website is solely intended to permit visitors of this website to learn more about Heisler & Associates. Information provided on this website does not constitute legal advice, nor does it create an attorney-client or any other relationship between Heisler & Associates and visitors to this website.

Any references to previous outcomes or results in particular matters described on this website do not guarantee a similar outcome for other clients or potential clients of Heisler & Associates. The results indicated on this website were dependent on the circumstances of the specific matters described. Results may differ when based on different circumstances. You should not act or refrain from acting based upon any information contained in this website without consulting with a qualified attorney.

We welcome the receipt of electronic mail. Please be advised, however, that the act of sending unsolicited electronic mail to Heisler & Associates or a specific attorney does not alone create an attorney-client relationship. We will neither accept requests for legal advice nor offer specific legal advice over the Internet. If you are not an existing client of Heisler & Associates, your communications over this website may not be privileged, and may be subject to disclosure to others. Unless Heisler & Associates has agreed in writing to keep your communications over this website confidential, you should not send unsolicited confidential information or other materials over this website that you would not want your competitors or any third party to know.

Heisler & Associates reserves the right to modify these Terms of Use at any time without prior notice. You agree to review these Terms of Use periodically to be aware of such modifications. Your continued use of this website shall be deemed to be your conclusive acceptance of any modified Terms of Use. We will indicate that changes to these Terms of Use have been made by updating the date indicated after "Last Modified" at the end of these Terms of Use. If you do not agree to abide by any modified version of these Terms of Use, you are not authorized to use this website.

Copyright / Trademarks / Intellectual Property

The entire content included in this website, including but not limited to text, graphics or code is protected by the copyright laws of the United States and other copyright laws, and is the property of Heisler & Associates. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of this website solely for your own non-commercial use. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized by Heisler & Associates in writing. You further agree not to change or delete any proprietary notice from materials downloaded or printed from this website. All trademarks, service marks and trade names of Heisler & Associates used in this website (including but not limited to the Heisler & Associates name and logo) are trademarks of Heisler & Associates. They may not be used without Heisler & Associates' prior written permission.

Use of Information Submitted

You hereby grant to Heisler & Associates a nonexclusive, nonsublicensable, nontransferable, royalty-free license, in perpetuity to reproduce, distribute, publicly perform, publicly display, digitally perform, throughout the universe, and use for any other purpose whatsoever, any comments, or information communicated by you through accessing this website, or contained in any communication you may send to Heisler & Associates through this website. You hereby represent and warrant that you own sole rights, title and interest to any content posted, disclosed or otherwise submitted by you.

Copyright Agent

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on this website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Heisler & Associates website; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) 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. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Heisler & Associates actual knowledge of facts or circumstances from which infringing material or acts are evident. Heisler & Associates' copyright agent for notice of claims of copyright infringement can be reached as follows:

Name: Heisler & Associates (Copyright)
Address: 3017 Douglas Blvd., Suite 300, Roseville, CA, 95661
Telephone: (916) 781-6634
Fax: (916) 645-7634
Email: forinfo@heislerlaw.com

We suggest that you consult your legal advisor before filing a notice with Heisler & Associates' copyright agent. You should note that there can be penalties for false claims under the DMCA.

Linking

We welcome links to the Heisler & Associates website. You are free to establish a hypertext link to this website so long as the link does not state or imply any affiliation, sponsorship or endorsement of your site by Heisler & Associates, and provided that you agree to immediately remove any hypertext link upon Heisler & Associates' written request, which Heisler & Associates may make in its sole discretion.

In an attempt to provide increased value to our visitors, Heisler & Associates may link to websites operated by third parties. However, even if the third party is affiliated with Heisler & Associates, Heisler & Associates has no control over these linked websites, all of which have separate terms and conditions and privacy and data collection practices, independent of Heisler & Associates. These linked websites are only for your convenience and therefore you access them at your own risk. Heisler & Associates seeks to protect the integrity of this website and the links placed upon Heisler & Associates' website, and therefore requests any feedback about this website and for websites it links to as well. Please review the privacy policy of any third-party website that you have linked to from this website before you use such third-party website.

No Soliciting

You agree not to use the Heisler & Associates website to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind. Indemnification You agree to indemnify, defend, and hold harmless Heisler & Associates, its owners, partners, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, arising from or relating in any way to your use of this website.

Privacy

Heisler & Associates is committed to safeguarding your privacy. The terms concerning the handling of personally identifiable information and other information by you in connection with this website are described in our Privacy Policy, which is hereby incorporated into these Terms of Use by this reference. This website is intended for use by adults only. We do not knowingly collect information from children. We ask parents or legal guardians to assist us by supervising the activities of children at this website.

Warranty Disclaimer

THE INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. HEISLER & ASSOCIATES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HEISLER & ASSOCIATES DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ERROR-FREE, THAT ANY ERRORS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HEISLER & ASSOCIATES DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE INFORMATION OR MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

HEISLER & ASSOCIATES DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THIS WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THIS WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST HEISLER & ASSOCIATES FOR DISSATISFACTION WITH THIS WEBSITE IS TO STOP USING THIS WEBSITE OR ANY SUCH SERVICE. Limitation of Liability HEISLER & ASSOCIATES SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE INFORMATION ON THIS WEBSITE OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Miscellaneous

Under the bar rules and regulations of certain states, this website may constitute attorney advertising. This website is controlled by Heisler & Associates from its offices in Roseville, California, U.S.A., and is not designed to subject Heisler & Associates to the jurisdiction or laws of any state, country, or territory. Your use of this website shall be governed in all respects by the laws of the State of California, U.S.A., without regard to its choice of law provisions. Except where prohibited by law, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to use of this website shall be resolved individually, without resort to any form of class action, and exclusively in the state courts located in Placer County, California or federal courts located in the Eastern District of California, USA.

Any cause of action or claim you may have with respect to use of this website must be commenced within one (1) year after the claim or cause of action arises.

By using this website, you agree to receive electronic communications from Heisler & Associates. You agree that any notice, agreement, disclosure or other communication that Heisler & Associates sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Heisler & Associates' failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not constitute or be construed as a waiver of any provision or right.

Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.

Heisler & Associates may amend these Terms of Use, or assign its rights and duties under these Terms of Use, to any party at any time without notice to you.

Term; Termination

These terms and conditions are applicable to you upon your accessing or using this website. Heisler & Associates reserves the right in its sole discretion to terminate or restrict your use of this website, without notice, for any or no reason, and without liability to you or any third party.

In addition, these terms and conditions, or any part of them, may be terminated by Heisler & Associates at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous shall survive any termination.

Last Modified: June 9, 2009

HOME - ABOUT US - GALLERY - F.A.Q. - RESOURCES - CONTACT - CLIENT LOGIN