Thank you for visiting one of the websites of Solomon, Saltsman & Jamieson and SSJ Law. Our websites provide information about the legal services that we offer, provide general information and resources, and allow you to contact us.
The websites are not intended to advertise or solicit to clients in the States of Florida, Kentucky, Louisiana, Nevada, Mississippi, North Carolina and Texas, although the firm is affiliated with attorneys in other states and has the capability of accommodating clients nationwide.
This firm has licensed lawyers in California, Oregon, Washington, Wisconsin, New York and Georgia.
We reserve the right to terminate or limit your access to the websites for any violation of these Terms, or for any other reason, at our sole discretion.
1. Legal Notices and Disclaimers
(A) No Attorney-Client Relationship is Created by Your Use of the Websites. No attorney-client relationship between you and the Firm is or may be created by your access to or use of the websites or any information contained on them. The only way to become our client is through a mutual agreement in writing. Any information you submit via the websites will not be secure or considered confidential and may be subject to applicable disclosure and reporting requirements, as required by law. If you are interested in asking us to represent you, please call us or otherwise contact us through one of our websites so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. Each website includes a submission form through which you can request that we contact you about our potentially representing you, and each website includes a phone number that you can use to contact us. In addition, please note that attorney ethical rules in certain of the states where our attorneys are licensed require that we provide certain information.
(B) If You are not a Client Pursuant to a Written Engagement Letter, do not Submit Confidential or Sensitive Information. If you submit information to us by email or otherwise through one of our websites in connection with a matter for which we do not presently represent you, you acknowledge that it will not be considered to be confidential and consent to our sharing it with other law firms to determine whether we will agree to represent you. We cannot represent you until we know that doing so will not create a conflict-of-interest. Accordingly, please do not send us any information about any matter that may involve you or the matter until you and we enter into an engagement letter or other written agreement stating that we agree to represent you. You recognize that any information that you submit and our review of your information will not preclude any lawyer in our Firm from representing a party directly adverse to you, in any matter where that information is relevant, even if that information is highly confidential and could be used against you and even if it is transmitted in a good faith effort to retain us. We reserve the right to decline any representation, and may be required to decline representation if it would create a conflict of interest with our other clients.
(C) You Should Not Rely on the Information Contained on the Websites. This website and its materials were prepared in whole or in part by Solomon Saltsman & Jamieson for general informational purposes only and are not legal advice and does not apply to any particular factual, legal, medical, financial, insurance, or other situation. As such, you should not rely on any information on our websites, and should seek professional advice as you determine appropriate. In particular, you should consult personally and directly with:
- an attorney to understand what your legal rights may be in any particular situation;
- appropriate medical, health, counseling, or other professionals for any medical, health, counseling, or other similar advice; appropriate financial or insurance professionals for advice related to any financial matters, such as related to any stocks or mutual funds, or insurance matters.
Any opinions expressed may not reflect the opinions of the Firm or any individual attorney. Although we strive to keep the content on the websites relevant and useful, laws are often changing, and we cannot guarantee that all of the content is complete, accurate or current.
2. Disclaimer of Representations and Warranties
“Covered Parties” means the Firm (including its parents, subsidiaries and affiliated and other related entities), its listees, business partners, co-counsel, of counsel, and other entities participating in the websites, and its and their officers, directors, partners, shareholders, principals, managers, members, employees, contractors, attorneys, agents, successors and assigns.
YOUR ACCESS TO AND USE OF THE WEBSITES IS AT YOUR SOLE RISK. THE WEBSITES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND THE COVERED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
WITHOUT LIMITING THE GENERALITY OF OTHER TERMS HEREIN, THE COVERED PARTIES ALSO DISCLAIM ALL WARRANTIES, RESPONSIBILITY AND LIABILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO:(A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITES, THE FUNCTIONS, FEATURES, OR ANY OTHER ELEMENTS ON, OR MADE ACCESSIBLE THROUGH THE WEBSITES (AND THEIR CONTENT), INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; (B) USER-GENERATED CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS THEREIN OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF YOUR USER-GENERATED CONTENT TO OR VIA THE WEBSITES; (C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN OUR WEBSITES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS THEREIN; (D) THE UNAVAILABILITY OF THE WEBSITES OR ANY PORTION THEREOF; (E) YOUR USE OF THE WEBSITES; (F) ANY SOFTWARE YOU MAY DOWNLOAD FROM OUR WEBSITES OR THIRD-PARTY SITES; (G) WHETHER THE WEBSITES OR THE SERVERS THAT MAKE THE WEBSITES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS (INCLUDING VIRUSES, TROJAN HORSES, AND OTHER TECHNOLOGIES THAT COULD ADVERSELY IMPACT YOUR DEVICE); (H) WHETHER THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE WEBSITES IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY OR RELIABLE; (I) WHETHER YOUR ACCESS TO THE WEBSITES WILL BE UNINTERRUPTED; (J) WHETHER THE WEBSITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (K) WHETHER YOUR USE OF THE WEBSITES IS LAWFUL IN ANY PARTICULAR JURISDICTION; (L) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITES; AND (M) ANY DATA SECURITY BREACH OR DISCLOSURE OF ANY PERSONAL INFORMATION SUBMITTED AT THE WEBSITES.
Bloggers on behalf of the Firm may be compensated. Some photos on the websites are of models and not of clients or firm personnel and may be simulations of actual scenes. Services performed by our Firm may be performed by lawyers other than those who are in such photos. Any testimonials or endorsements contained on the websites do not constitute a guarantee, warranty or prediction regarding the outcome of your legal matter.
3. LIMITATIONS OF OUR LIABILITY
UNDER NO CIRCUMSTANCES WILL ANY OF THE COVERED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including injury to persons or property or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
a. the websites (including the Content and the User-Generated Content), whether arising from alleged negligence, breach of contract or defamation;
b. your use of or inability to use the websites, or the performance of the websites;
c. any action taken in connection with an investigation by the Covered Parties or law enforcement authorities regarding your access to or use of the websites;
d. any action taken in connection with copyright or other intellectual property owners or other rights owners;
e. any errors or omissions in the websites’ technical operation, including data security breaches or disclosures of any personal information submitted at the websites; or
f. any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the Covered Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the websites).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COVERED PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITES AND YOUR RIGHTS UNDER THESE TERMS, EXCEED $100.00; PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.
4. Governing Law
These Terms are to be governed by and construed in accord with the laws of the State of California, without regard to choice of law principles.
5. Dispute Resolution
Certain portions of this Section 5 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and the Firm agree that we intend that this Section 5 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 5 can only be amended by mutual agreement.
(A) First – Try to Resolve Disputes. If any controversy, allegation, or claim arises out of or relates to the websites, the Content, your User-Generated Content, or these Terms, whether heretofore or hereafter arising (collectively, “ Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 5(A). Your notice to us must be sent to: Solomon Saltsman & Jamieson, 426 Culver Boulevard, Playa del Rey, CA 90293 For a period of sixty (60) days from the date of receipt of notice from the other party, the Firm and you will engage in a dialogue in order to attempt to resolve the Dispute, though nothing will require either you or the Firm to resolve the Dispute on terms with respect to which you and the Firm, in each of our sole discretion, are not comfortable.
(B) Alternative Dispute Resolution; Forums. All Disputes which cannot be resolved amicably by the parties shall be determined by final and binding arbitration administered by the American Arbitration Association – AAA in accordance with its Commercial Arbitration Rules based upon the following:
i. The place of arbitration shall be Los Angeles, California, and the language of arbitration shall be English.
ii. The number of arbitrators shall be one (1), to be appointed by mutual agreement of the parties.
iii. The parties grant the arbitrator(s) jurisdiction to rule on the arbitrability of the dispute and on repose, statute of limitations or any other time-barrier raised by either party.
iv. Either party may seek interim, conservatory, security and emergency measures of protection, and injunctive relief in any court of competent jurisdiction in support of arbitration (urgent relief). For the purposes of this provision, the parties hereby consent to the non-exclusive jurisdiction of the United States District Court for the Central District of California, USA or the Courts of the State of California, County of Los Angeles. THE PARTIES WAIVE THE RIGHT OF JURY TRIAL, IF APPLICABLE; AND FURTHER WAIVE ANY RIGHT THAT IT MAY HAVE TO ASSERT THE DEFENSE OF FORUM NON-CONVENIENS IN ANY SUCH SUIT IN SUPPORT OF ARBITRATION.
C) Federal and State Courts in Los Angeles, California. Except to the extent that arbitration is required in Section 5(B), and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute may only be instituted in state or federal court in Los Angeles County, California. Accordingly, you and the Firm consent to the exclusive personal jurisdiction and venue of such courts for such matters.
(D) Injunctive Relief. The provisions of Section 5(A) and 5(B) will not apply to any legal action taken by the Firm to seek an injunction or other equitable relief, against you, in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the websites, any Content, your User-Generated Content and/or the Firm’s intellectual property rights (including such that we may claim that may be in dispute), and/or the Firm’s operations.
6. Digital Millennium Copyright Act
Notification. If you are a copyright owner or an agent thereof and believe that any Content at the websites, including any User Generated Content, infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information:
- an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our websites
- a description of the location on the websites of the allegedly infringing material(s); (iv) your address, telephone number, and email address
- a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a written 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 Firm’s designated Copyright Agent for notice of claims of infringement is:
c/o General Counsel
Solomon Saltsman & Jamieson
426 Culver Boulevard
Playa del Rey, CA 90293
Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Firm’s customer service through our Client Services Department. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.
Counter-Notification. If you believe that any User Generated Content of yours that was removed is not infringing, or that you have the appropriate rights from the copyright owner or third party, or pursuant to the law, to post and use the material in your User Generated Content, you may send a counter notification containing the following information to the Copyright Agent:
your physical or electronic signature
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled
a statement(under penalty of perjury) that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the material
your name, address, telephone number, and e-mail address, along with a statement that you consent to the jurisdiction of the federal court in Boston, Massachusetts and a statement that you will accept service of process from the person who provided notification of the alleged infringement
If a counter notification is received by the Copyright Agent, the Firm may send a copy of such counter notification to the original notifying party. The original notifying party shall have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or user posting such material. If no such infringement action is filed within such 10 business days, we may, in our sole discretion, reinstate the removed material or cease disabling such material.
In accordance with the DMCA and other applicable law, the Firm may, in appropriate circumstances, terminate access, at the Firm’s sole discretion, of any user that we find to be a repeat infringer of others copyrights. The Firm may also, in its sole discretion, limit or fully terminate access to the websites of any user infringing the intellectual property rights of others, regardless of whether such user is a repeat offender or not.
7. Waiver of Injunctive or Other Equitable Relief
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE WEBSITES, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY THE FIRM (INCLUDING YOUR LICENSED USER-GENERATED CONTENT) OR A LICENSOR OF THE FIRM.
8. Updates to Terms
9. General Provisions
(A) The Firm’s Consent or Approval. As to any provision in these Terms that grants the Firm a right of consent or approval, or permits the Firm to exercise a right in its “sole discretion,” the Firm may exercise that right in its sole and absolute discretion. Note that the Firm’s consent or approval may be deemed to have been granted by the Firm without being in writing and signed by an officer of the Firm.
(B) Indemnity. You agree to, and you hereby, defend, indemnify, and hold the Covered Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Covered Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your User-Generated Content;(ii) your use of the websites and your activities in connection with the websites; (iii) your breach or alleged breach of these Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the websites or your activities in connection with the websites; (v) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) the Covered Parties’ use of the information that you submit to us (including your User-Generated Content) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by the Covered Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, the Covered Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. The Covered Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Covered Party. The indemnity does not apply to events arising directly from an attorney-client relationship, if any, that may be entered between you and the Firm on the terms described herein.
(C) Operation of Websites; Availability of Products and Services; International Issues. The Firm controls and operates the websites from its U.S.-based offices in the U.S.A., and the Firm makes no representation that the websites are appropriate or available for use beyond the U.S.A. If you use the websites from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.
(D) Severability; Interpretation. If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms, the word will be deemed to mean “including, without limitation”. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms.
(E) Communications. When you communicate with us electronically, such as via e-mail and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
(F) Investigations; Cooperation with Law Enforcement; Termination; Survival. The Firm reserves the right, without any limitation, to: (i) investigate any suspected breaches of its websites’ security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms,(iii) investigate any information obtained by the Firm in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms, and (vi) discontinue the websites, in whole or in part, or, except as may be expressly set forth in any additional terms, suspend or terminate your access to it, in whole or in part, , at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to the Firm under these Terms or any Additional Terms. Upon suspension or termination of your access to the websites, or upon notice from the Firm, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the websites. The provisions of these Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to the Firm in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
(G) Assignment. The Firm may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of the Firm.
(H) No Waiver. Except as expressly set forth in these Terms, (i) no failure or delay by you or the Firm in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
Effective Date: These Terms were last revised on December 18, 2015.