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Terms

Terms of Use, Disclaimer & Privacy Policy

 

TERMS OF USE

Welcome to the Holzer Patel Drennan website (the “Site”). These Terms of Use, Disclaimer & Privacy Policy (“Terms”) supersede any and all other negotiations or agreements, whether written or oral, unless such agreements are more protective of Holzer Patel Drennan’s rights, in which case the more protective terms shall control.

SITE, as used throughout these Terms, includes www.hpdlaw.com.

Use of Site. This Site is for informational purposes only and does not constitute advertising or professional or other advice whatsoever. The Site shall not form the basis of, or be relied upon in connection with, any contract or commitment whatsoever and shall not be considered legal advice. Your use of this Site or communication with Us through this Site does not, in any way, establish an attorney-client relationship between Holzer Patel Drennan and You. If you have a question about Your legal rights, You should contact a qualified legal practitioner.

Revisions to the Terms. Holzer Patel Drennan (“HPD”) reserves the right to revise, amend, modify or replace these Terms and Our Site at any time and in any manner. The most current version of the Terms is available on this page of the Site and will supersede all previous versions. As such, You should review the Terms periodically. If You disagree with the Terms, Your sole recourse is to discontinue Your use of the Site. Any changes, or failure to make updates, shall not be considered evidence of improper action or a breach of these Terms.

Availability of Services. Information published on the Site may refer to materials or services that are not available in Your country or state. Contact HPD for information regarding the materials and/or services that may be available to You.

Qualifications. Unless otherwise indicated, Our attorneys are not certified by any board of Legal Specialization or similar body of any U.S. State.

Copyright, Trademark and Trade Name Use. The information on this Site is protected by U.S. copyright and trademark laws (“Information”). HPD authorizes You to view and download (where permitted) HPD proprietary information on the Site only for Your personal, non-commercial use. HPD, on its own or as licensed from third parties, retains all copyright and other proprietary rights contained in the original and any copies of such Information. You may not:

  • Modify Our Information on the Site in any way,
  • Reproduce, rent, sell, publicly display, perform, or distribute or otherwise use such Information for any public or commercial purpose,
  • Use any proprietary Information on the Site on any other website or networked computer environment for any purpose,
  • Circumvent, remove, alter, deactivate, degrade or thwart any of the content protections on the Site,
  • Frame or utilize any framing techniques to enclose any of Our trade name, trademark, logo, or other proprietary Information (including images, text, page layout, or form) without Our express written consent,
  • Purchase search terms or use any meta tags or any other “hidden text” utilizing Our name or trademarks without Our express written consent,
  • Attempt to hide Your identity, or
  • Use any robot, spider, automated technology, device or manual process to monitor or copy the Information contained on the Site or use any of the same to interfere, or attempt to interfere, with the proper working of the Site.

If You have questions about HPD intellectual property, or would like permission to reuse Information on Our Site, please contact info@HPDLaw.com.

Relief For Breach. HPD reserves all rights and remedies at law and equity in the event You breach any of these Terms or violate Our rights in any manner. You agree that HPD may proceed with such injunctive relief as may be available to prevent Your breach and, in addition, may pursue an action to recover damages. You agree that, because of the difficulty in measuring damages in connection with any misappropriation of theft of HPD’s proprietary Information, You will be liable to pay HPD $1,500.00 (fifteen hundred dollars) U.S. for each unauthorized use of HPD’s copyrighted, trademark or trade name property. Also, You will be responsible for any and all of HPD’s attorneys’ fees and costs for HPD having to make any written demand, take legal action or initiate any proceeding or litigation, whatsoever, against Your for such misappropriation and/or infringement. You agree that such amounts are not punitive in nature, but are necessary in order to protect HPD’s proprietary rights and are in the nature of liquidated damages.

Links/Third Party Services or Products. HPD may have agreements with other entities, including companies with whom We conduct business. In that event, HPD uses third party entity names with permission. No use by others is granted without written permission. HPDmakes no representation regarding these third parties and has no control over how third parties use information, “Cookies,” or the safety of content on their websites. Should You be directed to a third-party website for any reason, HPD disclaims any and all liability whatsoever (as more specifically detailed by Our Disclaimers). Should You have any questions regarding these third parties, please contact info@HPDLaw.com. Also, please see Our Privacy Policy for more information.

Any reference or link to another website, product, service or entity does no necessarily constitute or imply any ownership, sponsorship, endorsement arrangement or any other relationship with HPD. Further, the views and opinions expressed in any linked website do not necessarily state or reflect those of HPD. Also, please see Our Privacy Policy and the information regarding Linked Sites in that policy.

Choice of Law/Applicable Laws. By using the Site in any manner, You agree that any legal problems or issues arising as a result of the Site are subject to the laws of the State of Colorado, U.S.A., unless U.S. Federal laws apply, without giving effect to any principles of conflicts of laws. Only the County or District Courts in which HPD has its principal place of business or the U.S. District Court of Colorado will have jurisdiction over matters concerning the Site. Further, You expressly and irrevocably consent to the personal jurisdiction and venue in these courts for any violation of these Terms. In any dispute whatsoever, You also agree that You will only assert claims in an individual (non-class, non-representative) basis, and that You will not seek or agree to serve as a named representative in a class action or seek relief on behalf of anyone other than Yourself.

HPD administers the Site from its office in Colorado, U.S.A. HPD makes no representation that information on the Site is appropriate or available for use outside the United States, and access to such Information from territories where their content is illegal is prohibited. If You choose to access the Site from outside the United States, You do so on Your own initiative and are responsible for compliance with applicable local laws.

Severability. If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.

Electronic Communications. By contacting Us for further information, You consent to receiving electronic communications from Us from time to time relating to Our services and legal matters HPD feels might be of Interest to You. You agree that any notice, agreements, disclosure or other communications that We send to You electronically will satisfy any legal communication requirements, including that such communications be in writing. Should You wish to opt out of email communications, except for legal notices, please let Us know and We will stop sending You emails. Failure to comply with Your opt-out request shall not be considered a breach of this Agreement.

DISCLAIMER

LIMITATION ON LIABILITY. THE INFORMATION ON THE HPD WEBSITE IS PROVIDED BY US ON AN “AS IS” BASIS. TO THE EXTENT PERMITTED BY LAW, HPD EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND EXPECTED OR INTENDED RESULTS OF ANY INFORMATION.

IF YOUR USE OF INFORMATION ON THE SITE RESULTS IN THE NEED FOR MEDICAL ATTENTION FOR YOU, YOUR HEIRS, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR YOUR EMPLOYEES OR INDEPENDENT CONTRACTORS OR OTHERS AT YOUR DIRECTION, YOU ASSUME ALL COSTS, INCLUDING ATTORNEYS’ FEES AND COSTS, THEREOF WITHOUT ANY RIGHT OF CONTRIBUTION OR RECOVERY FROM HPD.

FURTHER, HPD DOES NOT GUARANTY OR WARRANT, AND DISCLAIMS ANY AND ALL LIABILITY FOR YOUR INABILITY TO USE INFORMATION ON OUR SITE, FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, DEFECTS IN THE ACCURACY OR COMPLETENESS OF INFORMATION, DELAY OR FAILURE OF TRANSMISSION, ERRORS OR OMISSIONS, INCOMPATIBILITY WITH OPERATING SYSTEMS, AND ANY LOSSES OR DAMAGES WHATSOEVER ARISING FROM THE USE OF THE SITE’S INFORMATION.

IN NO EVENT SHALL HPD BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE INFORMATION PROVIDED.

IN THE EVENT THE SITE IS VIEWED IN A JURISDICTION THAT DOES NOT PERMIT ALL OR A PART OF THESE DISCLAIMERS, THE MAXIMUM AMOUNT RECOVERABLE FOR ANY CLAIM, DEMAND, ACTION, PROCEEDING OR JUDGMENT WHATSOEVER, INCLUDING ANY AND ALL ATTORNEYS’ FEES AND COSTS, SHALL BE RESTRICTED TO ONE HUNDRED DOLLARS ($100.00) U.S. TO BE PAID ONLY UPON ISSUANCE OF A FINAL JUDGMENT AGAINST HPD.

HPD SHALL NOT BE JOINTLY OR SEVERALLY LIABLE WITH ANY OTHER ENTITY OR INDIVIDUAL FOR ANY CLAIM, DEMAND, ACTION, DISAGREEMENT, LITIGATION OR OTHER PROCEEDING WHATSOEVER. SHOULD YOU HAVE AN ISSUE WITH A PARTICULAR ENTITY, YOU MUST DEAL WITH THAT ENTITY DIRECTLY TO RESOLVE THAT ISSUE.

PRIVACY POLICY

HPD is highly sensitive to the privacy interests of others and believes that the protection of those interests is one of its most significant responsibilities. In acknowledgment of its obligations, HPD has adopted the following Privacy Policy applicable to information that it acquires in the course of its business in connection with the Site.

Acquisition of Information. HPD does not acquire any more information about visitors to the Site that is required by law or is acquired by the host of the Site unless You provide it to Us voluntarily. Any information provided to Us will not be shared with third parties without Your permission unless required by U.S. Federal or a U.S. State law.

(Non-Personally Identifiable) Information We Collect From Website Visitors:

The Site collects other non-personally identifiable information from visitors. This means that We do not track items on an individual basis that identifies the visitor, but rather gather and collect this information on an aggregate basis that includes all visitors to the Site. Non-personal information includes tracking the pages on the Site that are visited or the amount of time spent on the Site.

How We Use the Aggregate or Non-Personally Identifiable Information We Collect:

Non-Personally identifiable information collected on Site may be used to:

  • Compile aggregate and statistical data to help in design of Our Site and to identify popular features,
  • Measure activity on the Site to allow Us to update such Site to better meet user wants and needs, or
  • Make the user experience more customer friendly.

Sharing Your Information:

We do not share, sell or rent personally identifiable information with unrelated third parties. Personal information that You provide to Us may be gathered and stored any may be used for purpose of contacting You for things like press releases or educational materials. You may opt out of receiving these materials by contacting us at info@HPDLaw.com.

Vendors, contractors or partners of the Site are required to keep all information relating to Our visitors confidential and are not permitted to use this information for any other purpose than to carry out the services they are performing for the Site.

Disclosure to Third Parties. HPD will provide individually-identifiable information about visitors to the Site to third parties only if We are compelled to do so by order of a duly-empowered governmental authority (including, but not limited to, a court order), or to comply with laws or regulations or in order to provide services requested by You. In these circumstances, Your information may be divulged without Your consent.

Cookies. HPD or its business partners may use “Cookies.” Cookies are pieces of information that a website transfers to Your computer hard drive. Cookies can identify a particular computer, but not an individual user. Third parties may also use their own cookies. We do not control use of these cookies and expressly disclaim responsibility for information collected through them.

Cookies used on the Site are categorized as detailed below. While We may not use all these categories, the guide separates cookies into the following types:

  1. Strictly Necessary Cookies. These cookies enable You to browse the Site and use features. Without these cookies, services, if any, cannot be provided.
  2. Performance Cookies. These cookies collect information about how visitors utilize the Site, allowing Us to improve the Site. No personal information is collected.
  3. Functionality Cookies. These cookies allow the Site to remember choices You make while browsing the Site. We may store geographic location to ensure the Site is optimized for Your area or We may store text, font or other customizable elements. These cookies will not collect any information that personally identifies You and will not track Your browsing activity on other websites.

California Users. While we do not share personal information with others except as detailed in this Privacy Policy, under California’s “Shine the Light” law, and once per year, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from Us customer information We shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which We shared customer information during the immediately prior calendar year. To obtain this information, please send an email message to info@HPDLaw.com with “Request for California Privacy Information” on the subject line and in the body of Your message. We will provide the requested information to You at Your email address in response. Please be aware that not all information sharing is covered by “Shine the Light” requirements and only information on covered sharing will be included in Our response.

Linked Sites. The Site provides links to other websites. If a hyperlinked website from HPD exists, that other website may ask for personal information-for instance, if You are purchasing a product or service. HPD has no control over a third party’s use of any personal information You provide. We urge You to exercise care when providing personal information to anyone. The Site is not responsible for the privacy policies, content or data handling practices on other websites.

Email Inquiry. If You send an email inquiry to HPD, the return email address is used for the answer. We do not share it with any third party.

Protecting Children’s Privacy. This is especially important to Us. It is Our policy to comply with the Children’s Online Privacy Protection Act (COPPA) and all other applicable laws. We ask that You carefully monitor Your children’s activities on the Internet. We believe that there is no substitute for proper parental supervision. HPD recommends that children ask a parent for permission before sending personal information to HPD or to anyone else online. A child under 13 years old may inadvertently provide personal information to Us. If this should happen, the information about the child will be deleted immediately as soon as We know of it.

Public Areas of Site. Please remember that any information You may disclose in any public areas of a website or the Internet becomes public information. You should exercise caution when deciding to disclose personal information in these public areas.

Hackers. We cannot guarantee that Our security measures will prevent third-party “hackers” from illegally obtaining information provided through our Site. If you wish contact Our office regarding confidential information, please contact us directly.

Contact. If you have any questions regarding the Site, Our Terms of Use or this Disclaimer and Privacy Policy, please contact: Webmaster for the Holzer Patel Drennan, 216 16th St., #1350, Denver, CO 80202. (720) 204.5666 or info@HPDLaw.com.

Last Updated: January 23, 2014