TERMS OF USE
Date of Last Revision: January 27, 2021
Welcome to warkentinllc.com! Warkentin LLC, a Colorado limited liability company at 1244 Corona St., Denver, CO 80218 (“WLLC,” “Our,” “Us,” or “We”), owns and operates this website (the “Site”). WLLC is a law firm specializing in legal services for small to mid-size business matters. These Terms of Use (“TOU”) and conditions describe you, the user’s (“You,” “Your,” or the “User”) rights and responsibilities with regard to the Site that You may use to receive Services. Your access to and use of the Site is subject to these TOU, Our Privacy Policy, as well as all applicable laws and regulations. In these TOU. You understand and agree that these TOU are entered into between you and WLLC. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TOU, YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THE SITE, SERVICES, OR ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SITE OR SERVICES. The Site and Services are continually under development, and We reserve the right to review, amend, edit, alter, or remove any part of these TOU in Our sole discretion at any time and without prior notice to You. You should check the TOU from time-to-time when you use the Site or Services to determine if any changes have been made. Any changes to these TOU are effective upon posting to the Site. Unless otherwise indicated, any new Content (as defined below) added to the Services is also subject to these TOU upon posting to the Site. IF YOU DISAGREE WITH THESE TOU, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE OR SERVICES, subject to applicable legal or ethical obligations. Your continued use of the Site or Services after a change has been posted constitutes Your acceptance of the changes.
This Site constitutes attorney advertising material. Attorneys at WLLC are licensed and authorized to practice in Colorado and the U.S. District Courts of Colorado.
SERVICES
The Site is intended to facilitate the provision of the Services to registered users. The “Services” may include:
1. Facilitating access to contracted legal services, including a general listing of the legal services We provide and the types of clients We typically work with;
2. Providing individuals with general, marketing, or educational information on legal and other topics (“Content”); and
3. Administrative support in connection with scheduling, payment for legal services, and related matters.
YOUR RELATIONSHIP WITH WLLC
YOUR USE OF OR ACCESS TO THIS SITE DOES NOT, IN AND OF ITSELF, NOR IS IT INTENDED TO, CREATE AN ATTORNEY-CLIENT RELATIONSHIP. Any attorney-client relationship between You, WLLC, or any professionals at WLLC, will be subject to and controlled by a separate engagement agreement. You should not rely upon anything on this website without first consulting an attorney.
By accepting the TOU, You agree and consent to WLLC or WLLC affiliates sending You disclosures, notices, messages, reports, and other communications. It is Your responsibility to monitor these communications. YOU ACKNOWLEDGE AND AGREE YOU WILL NOT HOLD US LIABLE FOR ANY LOSS, INJURY, OR CLAIM OF ANY KIND RESULTING FROM YOUR FAILURE TO READ THESE COMMUNICATIONS OR FOR YOUR FAILURE TO COMPLY WITH ANY RECOMMENDATIONS CONTAINED IN THESE COMMUNICATIONS.
ELIGIBILITY
In order to qualify to use the Site and Services, the following must all be true:
You are age 18 or over, or You are a minor with specific parental or guardian consent to receive Services; and
You or Your parent or guardian, as applicable, agree to be legally bound by and comply with these TOU.
You understand and agree that satisfying the above requirements does not guarantee You will receive Services or legal services through WLLC, and it in no way creates an attorney-client or other professional relationship. In addition to the above requirements, We reserve the right to change or include new requirements as deemed appropriate in Our sole discretion and without providing prior notice to You.
TECHNOLOGICAL AND FINANCIAL REQUIREMENTS FOR USE
You must have compatible computing or mobile devices, access to the Internet, and certain necessary software in order to use the Site. Fees and charges may apply to Your use of the mobile services and to the Internet. You are individually and solely responsible for any such fees, costs, or expenses You incur in relation to Your use of the Site or Services.
PRIVACY POLICY
We understand the importance of confidentiality and privacy regarding Your information. Please see Our Privacy Policy for a description of how We may access, collect, or use Your personal data. We incorporate Our Privacy Policy into these TOU by reference, each constituting a part of these TOU.
SITE CONTENT
NONE OF THE CONTENT YOU RECEIVE THROUGH THE SITE SHOULD BE CONSIDERED PROFESSIONAL ADVICE. All information contained within this Site and Our Services is intended to be general, marketing, or educational in nature and should not be considered or used as a substitute for a legal or other professional advice.
OWNERSHIP OF INFORMATION SUBMITTED THROUGH THE SITE
With the exception of any personal data or information You submit maintained in accordance with Our Privacy Policy or related state-specific privacy or ethical laws and regulations, You understand and agree that any information You provide to Us on or through the Site or Services, whether by direct entry, submission, email, or otherwise, including, but not limited to, data, questions, comments, forum communications, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of WLLC. Such information may be used for any purpose, including, without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting. For any personal data or information subject to the foregoing exception, and to the extent permitted by law, You: (1) understand and agree that any such information provided by You may be used, copied or displayed by Us, We may create derivative works of any such data, and We may provide such data to Our service providers and Our successors and assigns; and (2) grant WLLC, Our service providers, and Our successors and assigns a fully transferable, royalty-free, and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third-parties any data or information You submit on or through the Site for the purposes of providing services to You; conducting research or analyses of such data; and designing, developing, implementing, modifying or improving new, current, or future features, products and services of WLLC using such data. Any such data and use will occur only outside of the attorney-client relationship. Any information conveyed or received within an attorney-client relationship or subject to applicable ethics and laws, shall be maintained in accord with such applicable ethics and laws.
OWNERSHIP OF SITE CONTENT, TRADEMARKS
As between WLLC and You, WLLC is the sole and exclusive owner of all right, title, and interest in and to the Site and its content, features, and functionality (including, without limitation, all information, intellectual property such as trademarks and copyrights, software, text, displays, images, video, audio, design, selection, arrangement and look and feel), other Content, and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by You. You are not permitted to reproduce, publish, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the material on Our Site except as generally and ordinarily permitted through the Site according to these TOU. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Site or Content shall be owned solely and exclusively by WLLC or its licensors, including all intellectual property rights therein. You may not access or use for any commercial purposes any part of the Site or Content. Nothing in these TOU or on the Site may be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Site or the intellectual property, except as expressly stated herein. Certain names, logos, and other materials displayed in and through the Site may constitute trademarks, trade names, service marks or logos (“Marks”) of WLLC or its affiliates. You are not authorized to use any such Marks without Our express written permission. Ownership of all such Marks and the goodwill associated with them remains with Us or Our affiliates.
ACCEPTABLE USE
Subject to Your compliance with these TOU, WLLC grants You, the Site User, a personal, limited, revocable, non-exclusive, non-transferable, royalty-free license to view, download, access, and use the Site solely for Your personal and non-commercial use and solely as permitted under these TOU and Our Privacy Policy. Any unlawful use of this Site or use inconsistent with these TOU is prohibited and will result in, at a minimum, an automatic termination of this license. WLLC and its affiliates expressly reserve all rights, title, and interests not expressly granted under this license. We further reserve the right, in Our sole and exclusive discretion, to deny or suspend use of the Site or Services to anyone for any reason.
Except as We expressly authorize, You agree You will not, directly or indirectly, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent Your affiliation with any person or entity; (b) use the Site or Services to violate any local, state, national, or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site; (d) distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or Our Site, or any other system, device, or property; (e) access or use the Site in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third-party; (f) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third-party the Site, Services, or related materials in any way; (g) use or access the Site to create or develop competing products or services or for any other purpose that is to WLLC or its affiliates’ detriment or commercial disadvantage; (h) take any action or use the Site in any manner that could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner Our Site or any content, in whole or in part; (i) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to Our Site or any computer network; (j) bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure WLLC or its service providers implement or have implemented to protect the Site; (k) remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from Our Site or any content made available to You on or through Our Site; (l) use any manual process or automated device to monitor or copy any content made available on or through Our Site for any unauthorized purpose except as permitted by this section; (m) copy, duplicate, download, store in a retrieval system, publish, transmit, or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to WLLC or third-party content from the Site; (n) engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods; (o) otherwise use the Site in any manner that exceeds the scope of the license granted above; or (p) encourage or enable any other individual to undertake any of the conduct listed in this section. If We block You from accessing the Site or the Services (including by blocking Your IP address), You agree not to implement any measures to circumvent such blocking (e.g., by masking Your IP address or using a proxy IP address).
USER OBLIGATION
In consideration of Your use of Our Services, You represent You are of legal age to form a binding contract and are not a person barred from using, receiving, or accepting Our Services under the laws of the United States or other applicable jurisdictions, such as the European Union. If You are under 13 years of age, You are not authorized to use the Site or Our Services. If You are between the ages of 13 and 18 years old, You may use the Site and Our Services solely with the approval of Your parent or legal guardian.
You agree that Your use of the Site and any uses of any Services or materials related to the Site are subject to Your agreement with all of these TOU as well as Our Privacy Policy, which is incorporated into this TOU by reference. You agree You will not violate any local, state, federal, or international laws in using this Site or accessing any Material within or through the Site.
Do not send Us any confidential information until you receive our authorization to do so, If you send confidential information prior to such authorization, you assume all risk associated with sending it. Email and the Internet are generally insecure means of communication. We cannot guarantee the confidentiality of any email You send or receive, or for any information you submit through the Site.
In all communications through the Site or Our Services, You agree to provide information that is accurate, complete and correct, and to accurately maintain and update any information about Yourself that You have provided to Us. If You do not maintain such information, or if We have reasonable grounds to suspect Your information is incorrect, outdated, or false, We have the right to suspend or terminate Your account and Your use of the Services. We may take any and all actions We deem necessary or reasonable to maintain the security of the Site and Our Services.
You acknowledge and agree:
1. all or any part of the Site may not be accessible at any time, for any period, or for any reason; and
2. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.
LINKS TO THIRD-PARTY WEBSITES
The Site may contain hyperlinks or references to other websites (“Linked Sites”) operated by third-parties. The Linked Sites may not be under Our control, and We are therefore not responsible for the information, products, or services described on Linked Sites, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to You only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at Your Own risk, and We are not liable to You in any way, either directly or indirectly, for any content, errors, damage, or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.
SITE ACCESS; TERMINATION
The TOU will remain in full force and effect as long as You continue to access or use the Site or Services. You may terminate the TOU at any time by discontinuing use of the Site. Your permission to use the Site automatically terminates if You violate these TOU.
We reserve the right to prohibit, restrict, suspend, discontinue, or terminate Your access to the Site or Our Services, and any rights or licenses granted in association with them, in whole or in part, with or without prior notice, at any time, and based in Our sole and exclusive discretion, subject to applicable legal or ethical duties, including but not limited to for Your violation of these TOU. The following provisions survive the expiration or termination of these TOU for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Venue, Severability of Provisions; No Waiver; and Assignment.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE YOUR USE OF THE SITE IS AT YOUR OWN RISK. WLLC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS AS TO THE PROVISION OF THE SITE OR OUR SERVICES, THE ACCURACY OR COMPLETENESS OF THE SITE OR OUR SERVICES’ CONTENT, OR INFORMATION LINKED THROUGH THE SITE OR OUR SERVICES. YOU ACKNOWLEDGE AND AGREE WLLC PROVIDES THE SITE AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS.
WLLC AND ITS OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY WLLC’S “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SITE OR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD-PARTIES.
TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER WLLC NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE SITE. FURTHERMORE, WLLC DOES NOT GUARANTEE THE SITE OR SERVICES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND WLLC DISCLAIMS ANY LIABILITY RELATING THERETO.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL, OR INFORMATION OBTAINED THROUGH THE USE OF THE SITE ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL OR INFORMATION.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL WLLC OR ITS RELATED PERSONS OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SITE OR ANY SERVICES PROVIDED THROUGH THE SITE, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE. THIS IS TRUE EVEN IF WLLC OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
The foregoing sections entitled, “DISCLAIMER OF WARRANTIES” and “LIMITATION OF LIABILITY” are intended only as permitted by applicable law. If any portion of these sections is held to be invalid, the invalidity of that portion(s) shall not affect the validity of the remaining portions of the applicable sections. To the extent that We may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of Our liability will be the minimum permitted under such applicable law.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless WLLC, its affiliates, subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys, harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorney fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, Your use of materials or features available on the Site in an unauthorized manner, fraud, violation of law, or willful misconduct, or any breach by You of these TOU.
MODIFICATIONS TO THE SITE
We reserve the right, at any time and for any reason, to modify, or temporarily or permanently discontinue, the Site or Services or any portion of them, with or without notice. You agree WLLC shall not be liable to You or to any third-party for any modification, suspension, or discontinuance of the Site or Services.
GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION; VENUE; SEVERABILITY OF PROVISIONS
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND WLLC TO RESOLVE ALL DISPUTES BETWEEN THEM THROUGH BINDING, INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM WLLC.
These TOU and Your use of the Site shall be governed by the laws of the State of Colorado, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these TOU will be resolved exclusively by final and binding arbitration in Denver, Colorado under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction. The parties agree the courts located in Denver, Colorado shall have exclusive personal jurisdiction, subject matter jurisdiction, and venue for any such claim.
All parts of these TOU apply to the maximum extent permitted by law. WLLC and You both agree that if a party cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part the party cannot enforce, to the extent permitted by law. The invalidity of part of these TOU will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
NO WAIVER
No waiver by WLLC of any term or condition set forth in these TOU shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by WLLC to assert a right or provision under these TOU shall not constitute a waiver of such right or provision.
NO AGENCY RELATIONSHIP
Neither these TOU, nor any Content, materials or features of the Services create any partnership, joint venture, employment, or other agency relationship between Us and You. You may not enter into any contract on Our behalf or bind Us in any way.
REMEDIES
You agree any violation, or threatened violation, by You of these TOU constitutes an unlawful and unfair business practice that will cause Us irreparable and unquantifiable harm. You also agree monetary damages would be inadequate for such harm and consent to Our obtaining any injunctive or equitable relief that We deem necessary or appropriate. These remedies are in addition to any other remedies We may have at law or in equity.
ASSIGNMENT
You may not assign any of Your rights under these TOU, and any such attempt will be null and void. WLLC and its affiliates may, in their sole and exclusive discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these TOU if some or all of the business of WLLC is transferred to another entity by way of merger, sale of its assets, or otherwise.
HOW TO CONTACT US
Please contact Us at the following contact information to report any violations of these TOU, to ask questions, or to provide comments regarding Our Services or the Site.
Warkentin LLC
1244 Corona St., Denver, CO 80218