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Sklar Kirsh Website Terms of Use

These Website Terms of Use (the “Terms“) govern your use of the website located at www.sklarkirsh.com (the “Site”) operated by Sklar Kirsh, LLP (“Sklar Kirsh,” “we,” “us,” or “our”). By using the Site, you agree to these Terms.

  1. No Attorney-Client RelationshipNo attorney client relationship is created between you and Sklar Kirsh when you use the Site. The Site is not a substitute for obtaining legal advice from a qualified licensed attorney.  By using the Site, you acknowledge that the information on this Site does not constitute legal or other professional advice. While we try to ensure the accuracy of the information on the Site, the information on the Site may be changed without notice and may not be complete, correct, or up to date.An attorney-client relationship will only arise between you and Sklar Kirsh if you retain us under a mutually agreed, written engagement agreement (an “Engagement Agreement”).   If you are a client of Sklar Kirsh, your Engagement Agreement will prevail in the event of a conflict between the terms of the Engagement Letter and these Terms.
  2. PrivacySklar Kirsh respects your privacy. Our Privacy Policy explains how we collect, use, and disclose information about you.
  3. Use of the SiteWhen you use the Site, you may not:
    • violate any law or regulation;
    • violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights, particularly by interfering, disrupting, or attempting to gain unauthorized access to the Site or any other computer network or to portions of the Site that are restricted;
    • transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
    • send unsolicited or unauthorized advertising or commercial communications, such as spam;
    • disseminate, store, or transmit viruses, trojan horses or any other malicious or unsolicited software;
    • stalk, harass, or harm another individual;
    • impersonate or misrepresent your affiliation with someone else, create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication;
    • use any means to “scrape,” “crawl,” or “spider” any Web pages contained in the Site or other Site (although Sklar Kirsh may allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and Sklar Kirsh reserves the right to revoke these exceptions either generally or in specific cases);
    • use automated methods to use the Site in a manner that sends more requests to the Sklar Kirsh servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser; or
    • interfere with or disrupt the Site.
  1. OwnershipWe own or license the content on the Site, including, but not limited to, all software, text, images, videos, and other visual and audio-visual content (“Content”); Sklar Kirsh trademarks, trade names, logos, and brand elements (“Sklar Kirsh Marks”); and the trademarks, trade names, logos and brand elements of third-party products and services that may be displayed on the Site (“Third-Party Marks”). The Content, Sklar Kirsh Marks, and Third-Party Marks (collectively “Materials”) are protected under U.S. and international laws. The posting of Materials on the Site by Sklar Kirsh does not constitute a waiver of any rights in such Materials. We reserve the right in our sole discretion to edit or delete any Materials without notice. Any reproduction, copying or redistribution for commercial purposes of the Materials or design elements of the Web Site is strictly prohibited without the express written consent of Sklar Kirsh or, as applicable, Sklar Kirsh’s licensors.
  2. Feedback and SubmissionsWe welcome and appreciate your feedback and suggestions about the Site and our services. You understand that we cannot necessarily respond to or implement feedback or suggestions, but if we do, you understand and agree that we may use your feedback or suggestions without compensation to you.
  3. LinksOur Site may contain links to other Web sites. A link to a third party’s Web site does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party Web site. You should always read the terms and conditions and privacy policy of a third-party Web site before using it.
  4. Disclaimer and Limitations on Our LiabilityYOU USE THE SITE AT YOUR OWN RISK.  EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE AGREEMENT BETWEEN YOU AND SKLAR KIRSH, THE SITE AND ALL CONTENT AND OTHER PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SKLAR KIRSH AND ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, MANAGERS, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SKLAR KIRSH NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITE.

    To the extent Sklar Kirsh may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

  5. IndemnificationYou agree to indemnify, defend, and hold harmless Sklar Kirsh and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) any information that you submit, post, or transmit through the Site; (b) your use of the Site; (c) your violation of these Terms; or (d) your violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights. Sklar Kirsh reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with Sklar Kirsh in such defense.
  6. Other ProvisionsThese Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict or choice of laws rules or provisions.Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the Privacy Policy, or the Site, including but not limited to alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in Los Angeles, California before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms and any of the other agreements, including any applicable Additional Terms. No Disputes may be arbitrated on a class or representative basis. Arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY. The arbitrator shall not have the power to award punitive damages against any party.

    If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.

    The failure of Sklar Kirsh to enforce any right or provision of these Terms will not prevent Sklar Kirsh from enforcing such right or provision in the future.

    We may assign our rights and obligations under these Terms, including in connection with a change in the control (e.g., a merger, acquisition, a sale of our assets) or the financial status of the firm.

  7. Changes to these TermsFrom time to time, we may change these Terms. If we change these Terms, we will inform you by posting the revised Terms on the Site. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use our Site, you agree to the revised Terms. If you object to any such changes, your sole recourse shall be to cease using the Site.

Revised: September 20, 2023

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