Effective Date: July 1, 2014
These Notices and Terms create a legal agreement between you ("You" or "Your") and me, Kevin Buckley ("Me", "My" or "I") that governs: (1) the information made available through the website KWBuckley.com ("Information"); (2) the nature of the relationship between You and Me; (3) certain other matters of professional responsibility; (4) My use of Your information gathered through this website; and (5) Your use of this website, related websites, related systems, and the Information (collectively, the "K.W. Buckley Site"). By accessing any portion of the K.W. Buckley Site, You are indicating that You have read and understood, and that You assent to be bound by, these Notices and Terms, which may be amended from time to time by Me pursuant to the terms herein. If You do not agree to these Notices and Terms, You are not permitted to access the K.W. Buckley Site.
1. No Legal Advice - The Information is made available for general informational purposes only and is not intended to constitute specific legal advice or to be a substitute for advice from qualified counsel. Without limiting the foregoing, the Information may not reflect recent developments in the law, may not be complete, and may not be accurate in or applicable to Your jurisdiction. Because the Information is general in nature and may not pertain to Your specific circumstances, You should not act or refrain from acting based on any Information without first obtaining advice from professional counsel qualified in the applicable subject matter and jurisdictions. NO ONE SHOULD CHOOSE A LAWYER ON THE SOLE BASIS OF A WEB SITE. That said, this web site is not in any way intended to be an advertisement or solicitation for legal services. COMMERCIAL SOLICITATIONS, HOWEVER, ARE PERMITTED BY THE MISSOURI RULES OF PROFESSIONAL CONDUCT BUT ARE NEITHER SUBMITTED TO NOR APPROVED BY THE MISSOURI BAR OR THE SUPREME COURT OF THE STATE OF MISSOURI.
2. No Attorney-Client Relationship - I am an attorney in a law firm, Torrey Pines Law Group ("TPLG"), which has offices in San Diego, California. My law firm has a policy of entering into attorney-client relationships with its clients only in accordance with certain procedures which include executing an engagement letter and addressing professional responsibility conflicts as required by the Bars of the jurisdictions in which I am licensed and the courts in other jurisdictions. I do not represent clients with legal matters outside of TPLG. You agree that Your access of the K.W. Buckley Site or receipt of the Information, or Your transmission of electronic mail to addresses on the K.W. Buckley Site, does not create an attorney-client relationship between either You and Me or You and TPLG.
3. Other Matters of Professional Responsibility
(a) No Advertising or Solicitation - REQUIRED STATEMENTS UNDER MISSOURI SUPREME COURT RULES IF THIS WEBSITE OR ANY PORTION OF IT IS DEEMED TO BE AN ADVERTISEMENT OR SOLICITATION: The K.W. Buckley Site is not intended to be an advertisement or solicitation, but may be deemed an ADVERTISEMENT in certain jurisdictions. Therefore, the following statements may be required on this website and I have included them in order to be in full compliance with these rules. The choice of a lawyer is an important decision and should not be based solely upon advertisements. Disregard this solicitation if You have already engaged a lawyer in connection with the legal matter referred to in this solicitation. You may wish to consult Your lawyer or another lawyer instead of Me (us). The exact nature of Your legal situation will depend on many facts not known to Me (us) at this time. You should understand that the advice and information in this solicitation is general and that Your own situation may vary. This statement is required by rule of the Supreme Court of Missouri.
(b) Sensitive Communications - You agree that electronic mail sent by You to Me will not be treated as confidential or invoke an attorney-client privilege; provided, however, that if You are an existing client of TPLG and You send an electronic mail to Me pertaining to a matter in which TPLG then represents You, such electronic mail may be entitled to be treated as confidential or privileged. Notwithstanding the foregoing, You acknowledge that electronic mail and the Internet are generally insecure media of communication, and I cannot guarantee the confidentiality of any electronic mail sent to or received by it or any information submitted by You to Me through the K.W. Buckley Site.
(c) Authorized Jurisdictions; Certifications - I am registered to practice before the U.S. Patent & Trademark Office and am licensed to practice law in the states of Pennsylvania and Missouri. I am not certified (including as a specialist) by any professional or government authority. The K.W. Buckley Site is not intended to indicate any professional or governmental certification.
(d) Principal Office; Responsible Attorney - To the extent the requirements of the Bar Association in Your jurisdiction require such designation: My principal office is in San Diego, California. I am the responsible attorney for the K.W. Buckley Site.
(e) No Warranty of Results - The Information may contain descriptions of matters in which I successfully represented TPLG clients. The results of these matters were dependent on specific circumstances, and are in no way intended to be predictive of future results, even in similar circumstances, or offer any type of guarantee or assurance of outcome. Information pertaining to TPLG clients may not reflect the opinions of such clients.
(a) Activity Logging - When You use the K.W. Buckley Site, which may be hosted in part or in its entirety by a third party, the K.W. Buckley Site will collect information indirectly and automatically (through, for example, the use of "cookies" or Your "IP address") about Your activities. I use this activity information (the "Activity Information") for internal purposes such as to administer the K.W. Buckley Site, improve the K.W. Buckley Site, and help Me understand how the K.W. Buckley Site is being used including the demographics and "clickstreams" of its visitors. "Cookies" are small pieces of information stored on Your hard drive, not on the K.W. Buckley Site. You are always free to decline cookies if Your browser permits, but in that case, some portions of the K.W. Buckley Site may not operate properly. An "IP address" is a number that is automatically assigned to Your computer when You use the Internet.
(b) Personally Identifiable Information - The K.W. Buckley Site is designed so that You may generally browse it without providing any Personally Identifiable Information (defined below). Certain areas of the K.W. Buckley Site, however, may require or allow the voluntarily submission of Personally Identifiable Information (for example, registration to receive publications or comment on a blog offered on the K.W. Buckley Site). I use Your Personally Identifiable Information for the purposes for which it was submitted by You to Me and for Me to send You publications and invitations that may be of interest to You. Except as otherwise set forth in this Section 4, I do not share Your Personally Identifiable Information with third parties. "Personally Identifiable Information" means information that would allow someone to identify or contact You, such as Your name, physical or electronic mail address, and telephone number; provided, however, that Personally Identifiable Information does not include aggregated information that, by itself, does not permit the identification of individual persons and does not include the Activity Information.
(c) Removal of Personally Identifiable Information - I will use reasonable efforts to remove Your Personally Identifiable Information from our then current K.W. Buckley Site at any time upon Your written request to "kevin @ torrey pines consulting dot com". Such removal of Personally Identifiable Information will not ensure the permanent removal of such Personally Identifiable Information from the K.W. Buckley Site. For example, such Personally Identifiable Information may remain in third party archival or backup copies of the K.W. Buckley Site.
(d) Additional Disclosure of Personally Identifiable Information - I may share Personally Identifiable Information with third parties, including TPLG and third parties performing services for or on behalf of TPLG and Me. Such services may include communications, database, event management, web site hosting, mailing, and marketing services. Additionally, I cannot fully ensure that Your Personally Identifiable Information will not be disclosed to third parties. For example, I may be legally obligated to disclose information to the government or third parties under certain circumstances, third parties may circumvent security measures to unlawfully intercept or access transmissions or private communications, or an error may occur in the administration of the K.W. Buckley Site. In the unlikely event that I need to investigate or resolve possible problems or inquiries, I may, and You hereby authorize Me to, disclose any information about You to government officials as permitted by applicable law.
(a) Prohibited Uses - You will not use the K.W. Buckley Site in violation of any applicable law. Without limiting the foregoing, You will not use the K.W. Buckley Site in connection with (a) the infringement of intellectual property rights including My rights in My copyrights, marks and articles; (b) the unauthorized transmission of unsolicited commercial electronic mail; (c) the transmission of defamatory materials; and(d) fraud. You will not violate, attempt to violate, or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of the K.W. Buckley Site.
(b) Your Conduct - I reserve the right to remove any content that You may post. I may attempt to remove content that is illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable to Me. However, I do not accept any responsibility for Content (as defined in Section 6(c) below) posted on the K.W. Buckley Site by You. You may not use My name to endorse or promote any product, opinion, cause or political candidate. Representation of Your personal opinions as endorsed by Me is strictly prohibited. By posting Content to the K.W. Buckley Site, You warrant and represent that You either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Content, or that Your use of the Content is a protected fair use. You agree that You will not knowingly and with intent to defraud provide material and misleading false information. You represent and warrant that the Content You supply does not violate these Notices and Terms, and that You will indemnify and hold Me harmless for any and all claims resulting from Content You supply. You acknowledge that I do not necessarily pre-screen or regularly review posted Content, but that I shall have the right to remove or modify in My sole discretion any Content that I consider to violate these Terms or for any other reason. I may also delegate this authority.
(c) Conduct of Third Parties - You agree that all Content posted to the K.W. Buckley Site is the sole responsibility of the individual who originally posted the Content. You agree that all opinions expressed by users of the K.W. Buckley Site are expressed strictly in their individual capacities, and not as representatives of Me or TPLG. You agree that I will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any content posted on the K.W. Buckley Site. You agree to evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. The Content posted on the K.W. Buckley Site are not edited by TPLG or its clients and, as such, cannot be so attributed. The K.W. Buckley Site and the posted Content are not works for hire and are written entirely outside of the scope of TPLG. To the extent that any of TPLG's resources have been used to maintain the site, that use was done with full understanding that a limited amount of personal computer use is acceptable. Views expressed here should be double-checked for accuracy and current applicability. The materials on the K.W. Buckley Site do not constitute financial advice.
(d) Electronic Mail - Subject to Section 5(a), You may send electronic mail to those addresses made available on the K.W. Buckley Site for the purposes of requesting alerts or other news notification services, submitting voluntary responses, responding to or making inquiries regarding K.W. Buckley events and requesting information regarding Me or the K.W. Buckley Site. You agree to cease sending electronic mail to any e-mail address on the K.W. Buckley Site upon My request.
(e) No Warranties - THE K.W. BUCKLEY SITE IS PROVIDED TO YOU "AS IS." YOUR ACCESS AND USE OF THE K.W. BUCKLEY SITE IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY THE LAW AND RULES OF PROFESSIONAL RESPONSIBILITY IN THE APPLICABLE JURISDICTION, I DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, QUIET ENJOYMENT, AND UNINTERRUPTED OR ERROR FREE OPERATION.
(f) Disclaimer of Liability - TO THE EXTENT PERMITTED BY THE LAW AND RULES OF PROFESSIONAL RESPONSIBILITY IN THE APPLICABLE JURISDICTION, I DISCLAIM LIABILITY FOR ANY LOST PROFITS OR INCOME, LOST BUSINESS, OR LOST DATA, OR FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THE K.W. BUCKLEY SITE.
(g) Third Party Information - I may hyperlink to or otherwise make third party information available on the K.W. Buckley Site. This is done solely for the purpose of convenience. I do not endorse or approve of any such third party information or such third parties.
(h) Miscellaneous - You agree that any dispute arising out of or in connection with the K.W. Buckley Site or these Notices and Terms will be governed by the laws of the state of California without reference to conflict of laws principles that would require the application of the laws of any other jurisdiction, and You submit to the exclusive jurisdiction and venue of the state and federal courts located in San Diego, California. In the event that You gain access to information not intended to be accessed by You, You agree that You will immediately notify Me and lawfully destroy all copies of such information in Your possession. I may be contacted at "kevin @ torrey pines consulting dot com".
6. Intellectual Property Rights
(a) Copyright and Trademark Information - The K.W. Buckley Site including the Information is protected by United States and international copyright laws. ALL RIGHTS ARE RESERVED. Subject to the terms of these Notices and Terms, I hereby grant You a limited, nonexclusive, personal license to access, view, download and print one copy of the Information solely for noncommercial and informational purposes. You may not modify the Information in any way and You may not remove or obscure any copyright or permission notices provided on or in connection with the Information, subject to Section 5(b) below. I do not grant You any rights in My registered or unregistered trademarks. You are free to hyperlink to any page in the publicly available pages of the K.W. Buckley Site; provided, however, that You agree to remove any such hyperlink upon My written request.
(b) Attribution - You are free to copy a string of text less than twenty-five (25) words from the K.W. Buckley Site so long as You attribute Me as material source. Preferably, the attribution will appear with a hyperlink to the K.W. Buckley Site as follows:
Attribution is required even if the use would be considered a "fair use." Contact Me at "kevin @ torrey pines consulting dot com" if You wish to copy longer strings of text, reproduce, modify, distribute or make derivative works from or otherwise use the materials on the K.W. Buckley Site beyond a manner specifically authorized by law. You must submit Your request in writing to "kevin @ torrey pines consulting dot com" and receive permission to do so from Me or the appropriate licensor. Because I routinely grant permission for reprints, republications and distribution of copies, Your best approach is to request permission from Me in advance. However, please do not presume that I will grant permission in every case. If You use any of these materials without My permission, I reserve the right to seek any and all available legal remedies against You. The lack of a copyright symbol or statement on any page shall in no way be deemed to mean that I have disclaimed or renounced any of My rights in the materials on such page or that I have contributed the materials to the public domain. Your use of materials found on the K.W. Buckley Site without attribution to Me is intolerable and is strictly prohibited.
(c) Rights in the Content You Submit - Any and all works of authorship copyrightable by You and posted by You ("Content") to the K.W. Buckley Site are submitted under a fully paid-up license to Me. Under this license, You permit Me to copy, distribute, display and perform Your Content royalty-free. You also permit Me to distribute derivative works of Your Content and to grant both explicit and implicit sublicenses to anyone. At My discretion, this license may permit RSS aggregators to copy, distribute, display and perform any Content that you submit. Your submission does not create any obligation on Me to publish Your submitted Content or to retain Your Content.