Terms Of Use

Disclaimer. Davis-Stirling.com is a product of Adams Kessler PLC and is not related to, affiliated with or sponsored by any governmental agency or instrumentality or any public or non-profit legal services organization.

Informational Only. The information on the website is for informational and educational purposes only, and does not constitute legal advice. The information applies to California only. Because the law is constantly changing, the information on this site may not always be accurate, complete or current. You should not act or refrain from acting on the basis of anything contained on the website without first seeking legal advice.

No Representation by Visiting Website. Adams Kessler does not agree to represent you based upon your visit to this website, nor does sending an e-mail to an attorney in our firm establish an attorney-client relationship. For our firm to represent you, you must enter into a written fee agreement signed by both you and a partner from our firm. Do not send us information about your situation without first speaking with one of our lawyers and receiving authorization to do so.

Representation of Associations. Adams Kessler serves as corporate counsel to community associations. So as to avoid potential conflicts, we do not represent individual owners.

AGREEMENT

Agreement Regarding Website. This website and all of its elements including, but not limited to, “Davis-Stirling.com”, “Job Market”, “HOA Store”, “Dispute Resolution” “Davis-Stirling Mediation Services”, “Davis-Stirling News Network”, “Service Directory”, “Manager Country”, “Election Central”, as well as all associated elements (collectively, the “Website”) are owned by the law firm of Adams Kessler, a Professional Law Corporation (“Adams Kessler”). Users of the Website are governed by the terms of use found below which shall constitute an “Agreement” between Adams Kessler and users of the Website. Please read them carefully. If you do not accept the terms and conditions of this Agreement, DO NOT use this Website. By viewing or otherwise using the Website, you agree to the terms and conditions contained in this Agreement.

Amendments. Adams Kessler reserves the right to change any content contained on the Website at any time without notice. Adams Kessler also reserves the right to change its terms of use at its sole discretion at any time. The amended terms shall be effective immediately upon posting on the Website. You should visit this page periodically to review the terms of use because they are binding on you. The terms “you” and “user” refer to all individuals and entities accessing the Website for any reason.

No Legal Relationship. No joint venture, partnership, employment, or agency relationship exists between you and Adams Kessler as a result of this Agreement or your utilization of the Website.

E-Mail Caution. The use of internet e-mail for conveying sensitive information is discouraged. Your communication to us through this website may not be considered as privileged or confidential, and will not create or constitute an attorney-client relationship between the firm and any party.

TRADEMARKS & COPYRIGHTS

Trademarks. “Davis-Stirling.com”, “Job Market”, “HOA Store”, “Mediation Services”, “Davis-Stirling News Network”, “Service Directory”, “Manager Country”, “Davis-Stirling Mediation Services” and “Election Central”, and all related product and service names, design marks and slogans are the trademarks or service marks of Adams Kessler. The “look” and “feel” of the Website (including color combinations, button shapes, layout, design and all other graphical elements) are also the trademarks or copyrights of Adams Kessler. Use of any of any editorial content and graphics for any purpose is strictly prohibited without Adams Kessler’s prior written permission. You may not use, frame or utilize framing techniques to enclose any trademark, logo or other proprietary information on the Website, the content of any text or the layout/design of any page or form contained on a page without Adams Kessler’s express written consent.

Copying of Content and Code Prohibited. Except as expressly authorized on the Website, the use of material from the Website on any other website is prohibited. You may not copy or adapt the HTML or other code that Adams Kessler creates to generate its pages. It is protected by Adams Kessler’s copyright.

Feedback. Adams Kessler welcomes your feedback and suggestions about how to improve the Website. Any ideas, suggestions, information or material received through the Website, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Adams Kessler to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. You hereby waive any claim to the contrary.

AUTHORIZED USE

Use of Material. Adams Kessler authorizes you to download material from the Website provided the use is solely for your personal, noncommercial purposes.

Linking This Site to Others. You are granted a limited, nonexclusive right to create a hyperlink to the homepage of the Website, provided such link does not portray Adams Kessler or Davis-Stirling.com or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time.

Job Market. The Job Market may be used only for lawful purposes by individuals seeking employment and employers seeking employees. You are only permitted to post ads for real jobs. Job postings must be individual openings for traditional, W-2 or 1099 employees. Adams Kessler does not allow job postings that require a monetary investment by the job applicant; advertisements for multi-level marketing positions; or anything related to the adult entertainment industry. All information contained in postings must be clear and accurate, not misleading in any way. Postings must contain enough information to allow a Job Seeker to make reasonably informed decision as to whether to apply or not to apply. Job postings which, in Adams Kessler’s sole opinion, are deemed inappropriate or in violation of any term or conditions herein may be removed without warning.

Password Policy. For password protected portions of the Website, you agree to be solely responsible for the confidentiality and use of your password, as well as for any information posted on the Website using your password. You will also immediately notify Adams Kessler if you become aware of any unauthorized use of your password.

PROHIBITED CONDUCT

You agree NOT to use the Website to:

1. Post any information, image or material that is unlawful, harmful, threatening, abusive, harassing, invasive of another’s privacy, defamatory, vulgar, obscene, or otherwise objectionable;

2. Post or transmit material in violation of any applicable local, state, national, or international law or regulation, or in a manner that will infringe the copyright, trademark, trade secret, patent or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others;

3. Impersonate any person or entity, including an Adams Kessler employee or agent, an authorized user of Adams Kessler’s services, a candidate, placement specialist or an employer, or otherwise misrepresent your affiliation with any person or entity;

4. Delete or modify any material posted by any other person or entity not related to you;

5. Communicate, send, or place unsolicited e-mail (SPAM), telephone calls, mailings or other contacts to posting individuals and entities;

6. Upload, post, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

7. “Stalk” or otherwise harass another, collect or store personal data about other users, or harm minors in any way;

8. Register an e-mail address that you do not own or for which you do not have the express permission of the owner to register; or

9. Aggregate, copy or duplicate in any manner any of the materials or information available from the Website, without prior written consent.

LIMITATION OF LIABILITY

Disclaimer of Warranties. As a user of the Website, you expressly agree that: YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ADAMS KESSLER MAKES NO WARRANTY THAT ANY INFORMATION OR SERVICE PROVIDED BY THE WEBSITE WILL MEET YOUR EXPECTATIONS, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. ADAMS KESSLER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Downloaded Material. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Passive Conduit. Adams Kessler’s website is a passive conduit for the online distribution and publication of user-submitted information. Adams Kessler does not screen communications or information. Adams Kessler takes no responsibility for the activities of job applicants or the companies posting job openings with respect to hiring, recruiting or other practices (or any of the information posted or downloaded by them on the Website). Adams Kessler may investigate allegations of improper postings and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Adams Kessler has no liability or responsibility to users for performance or nonperformance of such activities.

Waiver of Civil Code §1542. In the event you have a dispute with one or more users of the Website, you release Adams Kessler (and its agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Dealings with Advertisers. Your correspondence or business dealings with persons or entities found on or through the Website are solely between you and such persons or entities. You agree that Adams Kessler shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

Links to Other Sites. The Website contains links to third party websites. Adams Kessler does not endorse the contents on such websites. If you decide to access linked third party sites, you do so at your own risk.

Limitation of Liability. In no event shall Adams Kessler be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including, but not limited to, negligence), or otherwise, arising out of or in any way connected with the use of the Website or the materials contained on, or accessed through, the Website.

Indemnity. You agree to defend, indemnify and hold harmless Adams Kessler and its partners, agents, affiliates, attorneys and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through Adams Kessler’s website, your violation of these terms and conditions of use or your violation of any rights of another, or relating to or arising from your use of the Website.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

MISCELLANEOUS

Costs of Enforcement. The user of the Website agrees to be responsible for all costs incurred by Adams Kessler in enforcing these terms of use. Such costs include, but are not limited to, Adams Kessler’s reasonable attorneys’ fees and costs, including experts’ fees and any other costs incurred by Adams Kessler.

Waiver. Failure by Adams Kessler to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of any right or provision.

Choice of Law and Forum. These terms and conditions shall be governed by and construed in accordance with the laws of the State of California. You and Adams Kessler agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California.

Severability. If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Entire Agreement. The terms and conditions in this Agreement constitute the entire agreement between you and Adams Kessler and govern your use of the Website. This Agreement supersedes any prior communications or agreements between you and Adams Kessler regarding the Website.