ver. March 1, 2012
ATTRIBUTION AND COPYRIGHT NOTICES:
Other than the photographs, the copyright of Strategic Counsel to this website is licensed under a Creative Commons Attribution 3.0 Unported License. © 2012 Strategic Counsel Corp. The photographs are licensed as follows:
Photos of our attorneys found on the page “Counsel” are licensed under a Creative Commons Attribution 3.0 Unported License.
Our trademarks, service marks and logos are not licensed, which means their use is restricted as described below.
Using this Site indicates that you accept these Terms of Use (“Terms”). Strategic Counsel provides this website to you subject to the following Terms, which may be updated by us from time to time without any notice to you. Any changes are effective upon posting, and you are responsible for regularly reviewing these Terms. Your continued use after a change has been posted constitutes your acceptance of those changes. If you do not agree to these Terms, your sole remedy is to discontinue use of this website.
Legal Disclaimers:
No Legal Advice: The materials on this website are general in nature and are intended only as background materials for informational purposes. They do not constitute legal advice. They may not apply to your specific situation or may be incomplete. Although we may update certain information on this website, some of the information may be outdated. You should not act or rely on any information on this website. You are not authorized to treat this website as a source of legal advice. Before acting or delaying action, you should first seek the advice of an attorney qualified in the applicable subject matter and jurisdiction.
No Tax Advice (Required Tax Disclosure—Circular 230): Any tax information presented on this website is not intended to constitute a complete analysis of all tax considerations. Internal Revenue Service regulations generally provide that, for the purpose of avoiding United States federal tax penalties, a taxpayer may rely only on formal written opinions meeting specific regulatory requirements. The information presented on this website does not meet those requirements. Accordingly, such information is not intended or written to be used, and a taxpayer cannot use it, for the purpose of avoiding United States federal or other tax penalties or for the purpose of promoting, marketing or recommending to another party any tax-related matters.
No Attorney-Client Relationship: Your access to or use of this website does not create an attorney-client relationship between you and Strategic Counsel. If you are not a current client of Strategic Counsel and you communicate with us through this website, we are under no obligation to keep confidential your communication nor will the communication invoke the attorney-client privilege. Thus, unless you have a pre-existing, documented attorney-client relationship with a Strategic Counsel attorney, you should not communicate confidential information to Strategic Counsel.
Sensitive Communications: Should you choose to contact Strategic Counsel electronically, you should be aware that information transmitted electronically cannot be guaranteed to be securely transmitted. Strategic Counsel assumes no responsibility for the loss of confidentiality for any information you transmit through the internet.
Advertising Notice: Strategic Counsel does not seek to be retained by anyone who approaches Strategic Counsel as a result of this website and who is from a state where this website fails to comply with all laws and ethical rules of that state. Under the New York State Lawyer’s Code of Professional Responsibility, the content of this website might contain advertising. Prior results do not guarantee a similar outcome. Each representation has unique facts and circumstances that may impact results.
Jurisdictional Issues: Please consult the attorney biographies on this site to determine the particular jurisdictions in which individual Strategic Counsel attorneys are licensed to practice.
Use of this website. For your personal, non-commercial and informational purposes, and subject to these Terms, you may (a) access and view this website and its materials, and (b) make a limited number of prints, downloads and copies of the documents made available on this website, provided that you maintain all copyright and other notices in print outs or downloads on all copies. Any other use (and in particular, any commercial use) of this website or its contents is not permitted. Except as expressly authorized by Strategic Counsel, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on this website in whole or in part. You are not permitted to use any automated means of compiling e-mail addresses from this website for the purpose of sending unsolicited commercial e-mails. Any rights not expressly granted herein are reserved.
Linking to this website. You may hyperlink to the home page of this website, but you may not frame or mirror this website or use any meta tags or any other “hidden text” using Strategic Counsel’s name or trademarks. You must remove any hyperlink to this website upon Strategic Counsel’s request.
Termination. Strategic Counsel reserves the right to change this website, including its contents, and to block or terminate access to or use of this website, including through usernames and passwords, at any time for any reason and without notice.
CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Strategic Counsel’s Copyright Agent. We will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The text of the Act can be found at the U.S. Copyright Office web site, copyright.gov/legislation/hr2281.pdf. If the Content which is the subject of a complaint falls into one of the categories that are permitted under the Fair Use doctrine, we may determine that our use of the Content is legitimate and we will not remove it from the site.
To file a notice of infringement with us, you must provide a written communication (by email with an attached and signed PDF or by fax) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that Content infringes your copyrights.
For each allegedly infringing item of Content that you wish to have removed from one of our sites, fully describe such item, and provide the exact location of the material, such as the permanent URL for the web page containing the material.
Provide your full name, email address, telephone number, and full physical address.
Provide the following information detailing your claim to ownership of the copyright in the allegedly infringing Content: either (i) Proof of copyright in the Content concerned, namely proof of registration under the DMCA; or, absent such registration, a detailed description of where the work was created, by whom, who or what the subject of the image is, and evidence to support your claim that you own the copyright. We reserve the right to deny requests to remove an image or other Content where the complainant cannot prove that he/she/it owns the copyright in the image or Content in question.
Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Sign, scan and email the document to contact@scounsel.com Alternately, sign the document and either fax or mail it to:
649 Mission Street, Fifth Floor
San Francisco, CA 94105
Fax: 650.440.4987
You can also mail your notice to the address above, however, we may not receive it in a timely fashion. In all cases, if you do not hear a response from us within ten (10) days of submitting a complaint, please telephone us at 650.331.0120 to confirm that we received your original complaint. Sometimes our junk mail blocker blocks incoming emails. Make sure your junk mail blocker does not block our response.
Third Party Sites. Any links on this website to third party sites are provided solely as a convenience to you and are not intended to state or imply that Strategic Counsel sponsors, or is affiliated or associated with, the linked sites. Your privacy and conditions of your use at those websites are governed by the privacy policy and terms of use at that website and not Strategic Counsel’s policies and terms.
No Warranties. THIS WEBSITE, INCLUDING THE INFORMATION PROVIDED THROUGH THIS WEBSITE, IS PROVIDED “AS IS” AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. STRATEGIC COUNSEL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN, OR RELIANCE UPON, THE INFORMATION IN THIS WEBSITE. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL STRATEGIC COUNSEL BE LIABLE FOR ANY DAMAGES OR INJURY OF ANY KIND OR UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS PROVIDED ON THIS WEBSITE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN CERTAIN CIRCUMSTANCES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity. You agree to indemnify and hold Strategic Counsel, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this website, your connection to this website, your violation of the Terms, or your violation of any rights of another.
General. These Terms, including the Privacy Policy below, along with any other terms and policies posted on this website, constitute the entire agreement between you and Strategic Counsel regarding your use of this website and supersedes any prior agreements between you and Strategic Counsel regarding such use, other than any written agreement between you and Strategic Counsel.
CHOICE OF LAW; ARBITRATION; CHOICE OF FORUM IN LIEU OF ARBITRATION. These Terms of Use and the relationship between you and Strategic Counsel shall be governed by the laws of the United States of America and the State of California without regard to their conflicts of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Except to the extent that you have agreed to arbitration in connection with our engagement, ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS SHALL BE DETERMINED BY BINDING ARBITRATION INSTEAD OF IN COURTS OF GENERAL JURISDICTION, and therefore each waive its right to a trial by jury or to participate in a class action. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA Rules”), as modified by this Agreement, and will be administered by the AAA. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Twist and you agree otherwise, any arbitration hearings will take place in San Francisco or Los Angeles, California. If arbitration cannot be compelled, then you agree and irrevocably consent to submit to the exclusive jurisdiction and venue of the federal and state courts located in the County of San Francisco and Los Angeles County, California for all disputes arising out of or relating to these Terms.
Strategic Counsel Corp.™ and the logo 
are the trademarks and service marks of Strategic Counsel Corp. in the United States of America. Without Strategic Counsel’s prior written permission, you agree not to display, copy, distribute or use in any manner the Strategic Counsel Marks except to give attribution to our works of authorship.