Thank you for visiting eMinutes. In this Terms of Use Agreement (the “Agreement”), and throughout the agreements on eminutes.com (the “Site”), “you” and “your” refer to each customer or website visitor, “we”, us” and “our” refer to Ungerlaw PC, a California law corporation, and “Services” refers to all services provided by us.
PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
THIS SITE IS NOT A SUBSTITUTE FOR LEGAL COUNSEL
All materials accessible via the Site are provided for informational purposes only and intended to provide you with a convenient method for completing and filing your requested forms. The materials contain information of general application and are not intended to replace the advice of an attorney. While the eMinutes staff expends great efforts to maintain and publish accurate information, State and Federal laws are constantly evolving. In addition, laws are open to different interpretation and greatly vary amongst different legal jurisdictions.
The materials, information and links posted on the Site are provided for general informational purposes only, and do not constitute individualized legal advice specific to you or your particular legal matter. The information on the Site is only provided with the understanding that eMinutes and its affiliates are not engaged in rendering legal or other professional services. eMinutes expressly disclaims any liability, loss or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this information. This information is not a substitute for the advice of a competent legal or other professional.
STATE AND FEDERAL FILING REQUIREMENTS
eMinutes is not responsible for advising or reminding you of any requirements or obligations, including, but not limited to any required State or Federal filings, annual reports, taxes due, or other filing requirements. eMinutes’ sole responsibility is the preparation of your requested form. Any requirements or obligations for the maintenance of your corporation, business entity or other business services are NOT the responsibility of eMinutes and are your sole responsibility.
EMAIL TRANSMISSIONS
Transmission of email is at your own risk. eMinutes cannot accept responsibility for your transmission of confidential information or any obligation with respect to that information. Please submit all correspondence and documents through the eMinutes web portal.
SUBMISSION OF CORRECT INFORMATION BY YOU
You agree that you are solely responsible for the accuracy, spelling and other information forwarded to eMinutes and that information is exactly as you desire for eMinutes to perform the Services requested. Submission of credit card information via our website, via facsimile, or otherwise authorizes eMinutes to charge your credit card for the Services.
PURCHASE OF SERVICES BY AGENT
You agree that, if an agent (e.g., an Internet Service Provider, employee, attorney, CPA, etc.) purchased our Services on your behalf, you are nonetheless bound as a principal by all terms and conditions herein.
RIGHT OF REFUSAL
eMinutes, in its sole discretion, reserves the right to refuse to provide Services to you. You agree that eMinutes shall not be liable to you for loss or damages that may result from our refusal to provide Services.
DISCLAIMER
THIS SITE IS PROVIDED AS-IS WITH NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ASSUME COMPLETE RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND ANY AND ALL SITE-RELATED SERVICES. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
LIMITATION OF LIABILITY
EMINUTES, ITS AGENTS, PRINCIPALS, REPRESENTATIVES AND EMPLOYEES ARE NEITHER RESPONSIBLE NOR LIABLE TO YOU OR YOUR BUSINESS FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, LOST OR IMPUTED PROFITS OR ROYALTIES OR OTHER DAMAGES WHATSOEVER OUT OF OR RELATING IN ANY WAY TO THIS SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR FOR ANY CLAIM AGAINST YOU BY ANY OTHER PARTY, OR OTHER PECUNIARY LOSS. EMINUTES SHALL NOT BE LIABLE TO YOU WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. YOU HEREBY WAIVE ANY CLAIMS THAT THESE EXCLUSIONS DEPRIVE YOU OF AN ADEQUATE REMEDY. IN NO EVENT WILL EMINUTES’ AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THIS SITE AND/OR THE GOODS AND SERVICES OFFERED IN CONNECTION THEREWITH, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE FEES PAID BY YOU FOR THE GOODS AND/OR SERVICES.
eMinutes may choose to change the terms, conditions and operation of the Site at any time in its sole discretion. By using this service you waive any rights or claims you may have against eMinutes.
SEVERABILITY
In the event that any of the provisions of this Agreement are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
GOVERNING LAW
This Agreement is entered into in the state of California and shall be construed in accordance with the laws of California, exclusive of its choice of law rules. You submit to the exclusive jurisdiction of the State and Federal Courts having jurisdiction in the County of Los Angeles in the state of California, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorney fees.
COMPLIANCE WITH APPLICABLE LAWS
You agree that you are in compliance with all applicable laws and regulations pertaining to or governing your use of this Site, and you agree to indemnify and hold eMinutes harmless from and against any and all claims, damages, losses or obligations suffered or incurred by you arising from your failure to comply.
WAIVER
No term or provisions hereof shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
ENTIRE AGREEMENT
You agree that this Agreement amounts to the complete and exclusive agreement between you and eMinutes regarding our Services. This Agreement supersedes any prior agreements and understandings, whether oral or written and whether established by custom, practice, policy or precedent.
BY USING THIS SITE AND/OR ANY SERVICES RELATED THERETO, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF USE AND THE ABOVE DISCLAIMERS.
eMinutes, 11726 San Vicente Blvd., Suite 480, Los Angeles, California 90049
Telephone: (310) 820-1000
Email: services@eminutes.com
[rev 07.12.2018]