PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
By using the EdCross.com website (the “Site”), you agree to follow and be bound by these Terms and Conditions (the “Terms and Conditions”) and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms and Conditions, the words “you” and “your” refer to each purchaser, customer or Site visitor. The words “the Firm,” “we”, us” and “our” refer to Edward H. Cross, Law Offices of Edward H. Cross & Associates, PC (“Cross & Associates”), and “Services” refers to all services provided by us.
It is your responsibility to review these Terms and Conditions periodically. If at any time you find these Terms and Conditions unacceptable or if you do not agree to these Terms and Conditions, please do not use this Site. We may revise these Terms and Conditions at any time without notice to you. If you have any questions about these Terms and Conditions, please contact us by sending an email to EdCross@EdCross.com or calling (760) 773-4002.
Neither our site nor our products are substitutes for the advice of an attorney. Our contract packages are products and not services. We do not analyze your information or complete the forms for you unless you engage us in writing as your lawyers.
Nothing on this site or in our products or materials predicts or guarantees future results. Testimonials on this website are actual reviews of our products and services. Customer and client testimonials do not constitute guarantees, warranties, or predictions regarding the outcome of your legal matter. You may not obtain the same or similar results as the reviewers.
DISCLAIMER: Non-lawyers should seek the advice of a licensed attorney in all legal matters, including verification of the fitness of this material for your particular purpose. Edward H. Cross is licensed to practice law in the States of California and Hawai’i. You have purchased the forms and other material with the understanding that the seller is not engaged in rendering legal, accounting or other professional services. We do not warrant the material to be completely free of errors when delivered. The materials are considered compliant with applicable law at the time they are created, but you understand that laws change frequently and therefore, we cannot warrant that the presentations, materials or communications will continue to be accurate. To ensure you are using up-to-date material, you will consult with a lawyer licensed to practice law in the jurisdiction where you intend to use the material and stay abreast of legal developments in your jurisdiction because your purchase of our products does not create an attorney-client relationship. Users should verify statements before relying on them. Your purchase of this material confirms your agreement to these terms.
EdCross.com provides an online legal portal to give visitors a general understanding of the law and to provide an automated software solution to individuals who choose to prepare their own legal documents. Customer need not download or even license EdCross.com software. The Site includes general information on commonly encountered legal issues. Unless otherwise agreed by us in writing, at no time do we review your documents for legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation. The forms available for purchase from EdCross.com are not substitutes for the advice of an attorney.
We strive to keep our legal documents accurate, current and up-to-date. However, because the law changes rapidly, we cannot guarantee that all of the information on the Site is completely current. The law is different from jurisdiction to jurisdiction, and is subject to interpretation by different courts. Each case turns on its own unique facts, and no general information or products like the kind Cross & Associates provides can fit every circumstance. Furthermore, the legal information contained on the Site is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice about any specific problem, you should consult a licensed attorney in your area immediately.
From time to time, we may perform certain attorney access services and introduce our visitors to attorneys through various methods, including but not limited to (i) legal plans, (ii) third party attorney directory listings, and (iii) third party limited scope agreements. At no time is an attorney-client relationship fostered or created with us through the performance of any such services.
This Site is not intended to create any attorney-client relationship, and your use of the Site or our material does not and will not create an attorney-client relationship between you and us. Instead, you are and will be representing yourself in any legal matter you undertake, and you do so at your peril.
When you open an account to use or access certain portions of the Site or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for the maintaining the confidentiality of your password. You may not use a third party’s account, user name or password at any time. You agree to notify us immediately of any unauthorized use of your account, user name or password. We shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.
If you believe your privacy has been breached through the use of our website, please contact us immediately at (760) 773-4002.
2. Ownership. This Site is owned and operated by Cross & Associates. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by Cross & Associates or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by us, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of Cross & Associates’ intellectual property rights, whether by estoppel, implication or otherwise. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. Cross & Associates does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Cross & Associates. Any rights not expressly granted herein are reserved by Cross & Associates.
3. Limited Permission to Download. Cross & Associates hereby grants the purchaser permission to download, view, copy and print the Materials provided that the copyright and trademark notice appearing below appears in such Materials. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms and Conditions. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
4. Links to Third Party Sites. This Site may contain links to websites controlled by parties other than Cross & Associates (each a “Third Party Site”). Cross & Associates works with a number of partners and affiliates whose sites are linked with EdCross.com. Cross & Associates may also provide links to other citations or resources with whom it is not affiliated. Cross & Associates is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. Cross & Associates makes no guarantees about the content or quality of the products or services provided by such sites. Cross & Associates is not responsible for webcasting or any other form of transmission received from any Third Party Site. Cross & Associates is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Cross & Associates of the Third Party Site, nor does it imply that Cross & Associates sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Cross & Associates is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
5. Use of Cross & Associates Legal Forms. On our Site and through certain partners, we offer for sale self-help “fill in the blank” forms. If you buy a form from one of our partners, you will be directed to that partner’s website and their Terms and Conditions will control. If you buy a form on our Site, the terms and conditions of these Terms and Conditions control. You understand that your purchase and use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs.
License to Use.
Cross & Associates grants you a limited, individual, non-exclusive, non-transferable license to use our forms (the “Forms”) for your own personal, internal business use, or if you are an attorney or professional, for your client. “Individual” means, among other things, that franchisors are not permitted to distribute the forms or excerpts of the forms to its franchisees. Each franchisee must purchase materials separately. Except as otherwise provided, or as necessary to bring the forms into compliance with local law, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.
Resale of Forms Prohibited:
By ordering Forms, you agree that the Forms you purchase may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of Cross & Associates.
6. DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our office at (760) 773-4002. In the unlikely event Cross & Associates is unable to resolve your complaint to your satisfaction (or if Cross & Associates has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, Cross & Associates will pay all costs of the arbitration. Moreover, in arbitration you may recover attorney’s fees from Cross & Associates to the same extent or more as you would in court. Under certain circumstances (as explained below), Cross & Associates will pay you more than the amount of the arbitrator’s award and will pay your attorney (if any) his or her reasonable attorney’s fees if the arbitrator awards you an amount greater than what Cross & Associates offered you to settle the dispute. No attorney’s fees will be awarded for attorneys representing themselves.
(a) Cross & Associates and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
- claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to “Cross & Associates,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of products under these Terms or any prior agreements between us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Cross & Associates are each waiving the right to a trial by jury. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to Cross & Associates should be addressed to: Notice of Dispute, Law Offices of Edward H. Cross & Associates, PC, 75-100 Mediterranean, Palm Desert CA 92211 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; (b) include copies of all documentary evidence in support of the claim; and (c) set forth the specific relief sought (“Demand”). If Cross & Associates and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Cross & Associates may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Cross & Associates or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Cross & Associates is entitled. At the request of the non-disclosing party, such disclosure shall be grounds to abort the arbitration and commence with a new arbitrator.
(c) After Cross & Associates receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than $75,000. (Currently, the filing fee is $125 for claims under $10,000, but this is subject to change by the arbitration provider. If you are unable to pay this fee, Cross & Associates will pay it directly after receiving a written request at the Notice Address.) The arbitration shall be administered by the Judicial Arbitration and Mediation Service (JAMS) (www.jamsadr.com) pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules. The arbitrator is bound by these Terms.
The arbitration will take place at any JAMS location of your choice in Riverside County, California. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the JAMS Rules will determine whether you have a right to a hearing.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. The parties agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration, and may not be used by any other person or entity in any later arbitration of any dispute or claim involving Cross & Associates. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which Cross & Associates was a party.
Except as otherwise provided for herein, Cross & Associates will pay all JAMS filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the JAMS Rules. In such case, you agree to reimburse Cross & Associates for all monies previously disbursed by it that are otherwise your obligation to pay under the JAMS Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the JAMS rules. An award may be entered against a party who fails to appear at a duly noticed hearing.
(d) LIMITATION OF LIABILITY: IN ANY ARBITRATION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE ARBITRATOR(S) MAY NOT AWARD ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS. IF, AFTER FINDING IN YOUR FAVOR IN ANY RESPECT ON THE MERITS OF YOUR CLAIM, THE ARBITRATOR ISSUES YOU AN AWARD THAT IS GREATER THAN THE VALUE OF CROSS & ASSOCIATES’ LAST WRITTEN SETTLEMENT OFFER MADE BEFORE AN ARBITRATOR WAS SELECTED, THEN CROSS & ASSOCIATES WILL:
- PAY YOU EITHER THE AMOUNT OF THE AWARD OR $5,000 (“THE ALTERNATIVE PAYMENT”), WHICHEVER IS LESS; AND
- PAY YOUR ATTORNEY, IF ANY, THE AMOUNT OF ATTORNEY’S FEES, AND REIMBURSE ANY EXPENSES (INCLUDING EXPERT WITNESS FEES AND COSTS), THAT YOUR ATTORNEY REASONABLY ACCRUES FOR INVESTIGATING, PREPARING, and pursuing your CLAIM IN ARBITRATION (THE “ATTORNEY’S FEES”).
However, if the $5,000 Alternative Payment proviso is found to be unenforceable, then the entirety of this arbitration agreement shall be null and void.
If Cross & Associates did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney’s fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney’s fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
(e) Your right to attorney’s fees and expenses discussed in paragraph (d) supplements any right to attorney’s fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney’s fees or costs. Although under some laws Cross & Associates may have a right to an award of attorney’s fees and expenses if it prevails in an arbitration, Cross & Associates will not seek such an award.
(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. The arbitrator shall not award relief in excess of what these Terms provide or award punitive damages or any other damages not measured by actual damages. Further, unless both you and Cross & Associates agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific proviso is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void.
(g) All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.
(h) The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to, any claim that all or any part of this Agreement is void or voidable. If this specific proviso is found to be unenforceable, it is severable from the rest of the arbitration agreement.
7. Additional Terms. Some of our Services may be subject to additional posted guidelines, rules or terms of service (“Additional Terms”) and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms and Conditions and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms and Conditions will control.
8. Reviews, Comments, Communications, and Other Content. At various locations on the Site, Cross & Associates may permit visitors to post reviews, comments, and other content (the “User Content”). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms and Conditions.
9. NO WARRANTY. THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CROSS & ASSOCIATES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
CROSS & ASSOCIATES MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE FAVORABLE, ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. CROSS & ASSOCIATES SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
NOTWITHSTANDING THE ABOVE, CROSS & ASSOCIATES OFFERS A 60-DAY SATISFACTION GUARANTEE, EXPLAINED BELOW.
10. LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU WILL HOLD CROSS & ASSOCIATES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF CROSS & ASSOCIATES HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF THERE IS LIABILITY FOUND ON THE PART OF CROSS & ASSOCIATES, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, EXCEPT AS ALLOWED PURSUANT TO THE CROSS & ASSOCIATES ARBITRATION AGREEMENT, CONTAINED IN PARAGRAPH 6 OF THESE TERMS AND CONDITIONS, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ME. FURTHER, EXCEPT AS PERMITTED BY LAW, NOTHING IN THIS PARAGRAPH IS INTENDED TO MODIFY THE PROVISIONS OF CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTIONS 6400, ET SEQ.
11. Unsolicited Submissions. Except as may be required in connection with your use of Cross & Associates Services, Cross & Associates does not want you to submit confidential or proprietary information to us through this Site. All comments, feedback, information or material submitted to Cross & Associates through or in association with this Site shall be considered non-confidential and Cross & Associates’ property. By providing such submissions to Cross & Associates you hereby assign to Cross & Associates, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. Cross & Associates shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
12. Compliance with Intellectual Property Laws. When accessing Cross & Associates or using the Cross & Associates legal document preparation Service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Cross & Associates user account.
Cross & Associates has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of Cross & Associates or of a third party or that violate intellectual property rights generally. Cross & Associates’ policy is to remove such infringing content or materials and investigate such allegations immediately.
- Notice. Cross & Associates has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Firm has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed the rights of the Firm or of a third party, or otherwise violated any intellectual laws or regulations. The Firm’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Firm to delete, edit, or disable the material in question, you must provide the Firm with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the Firm to contact you, such as an address, telephone number, and, if available, email address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above written information must be sent to:
LAW OFFICES OF EDWARD H. CROSS & ASSOCIATES, PC
Palm Desert, CA 92211
- Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, the Firm may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Firm’s sole discretion.
13. Inappropriate Content. When accessing the Site or using Cross & Associates’ Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Cross & Associates reserves the right to terminate or delete such material from its servers. Cross & Associates will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms and Conditions or of any applicable laws.
14. Compliance with Export Restrictions. You may not access, download, use or export the Site or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
15. Personal Use. The site is made available for the sole use of the purchaser.
16. Children. Minors are not eligible to use the Site and we ask that they do not submit any personal information to us.
17. Governing Law; Venue. By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of California, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials is governed by the Arbitration Agreement contained in paragraph 6 of these Terms and Conditions. These Terms and Conditions expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.
18. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, Edward H. Cross. ALL RIGHTS RESERVED.
19. Trademarks. Cross & Associates, EdCross.com, the “Restoration Lawyer” moniker, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Cross & Associates. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
20. Attorney Access Services; Use of term “Experience.” The term “experience” or “experienced,” as used on the Site and in other communications in reference to third party attorneys participating in Cross & Associates’ legal plans or other attorney access services means that the legal plan primary handling partner of each law firm fulfills the following: (a) possesses a minimum of five years’ experience practicing law, (b) is in good standing with the state bar in each jurisdiction in which the attorney is licensed to practice, and (c) has no public record of discipline by a state bar within the last five years. The term “experience” or “experienced” is not intended to be a comparison to any other attorney’s services or qualifications.
21. Inquiries. BY USING CROSS & ASSOCIATES’ SERVICES OR ACCESSING THE CROSS & ASSOCIATES SITE, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO CROSS & ASSOCIATES VIA THE CROSS & ASSOCIATES SITE CONSTITUTES AN INQUIRY TO CROSS & ASSOCIATES, AND THAT CROSS & ASSOCIATES MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
22. Satisfaction Guarantee: In addition to certain guarantees provided by law, Cross & Associates guarantees your satisfaction with our products. Because our content was created by top attorneys, we strive to provide the best legal documentation for the cleaning and restoration industries. Please notify us in writing if you are not satisfied with any our products and we will promptly refund your payment with no questions asked.
- If you’re not satisfied, simply call us at (760) 773-4002 during our normal business hours, Pacific time. We will process your request within 5 business days after we’ve received all of the documents and materials sent to you. Unfortunately, we can’t refund or credit any money charged by third parties for filing fees, taxes or other costs incurred in the preparation and filing of your documents.
- Please note that we cannot guarantee the results or outcome of your particular procedure. For instance, the laws in your jurisdiction may require certain contract provisions and a court may reject a document for legal reasons beyond the scope of Cross & Associates’ products.
23. Acknowledgement. BY USING CROSS & ASSOCIATES’ SERVICES OR ACCESSING THE CROSS & ASSOCIATES SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.
Thank you for your purchase.
Edward H. Cross