Davis-Stirling.com ("Website") is a product of attorney Adrian J. Adams and is not related to, affiliated with or sponsored by any governmental agency or instrumentality or any public or nonprofit legal services organization.
Informational and Advertising Only.
The information on the Website is for informational and advertising purposes only and does not constitute legal advice. The information applies to California only. Because the law is constantly changing, the information on this site may not always be accurate, complete or current. You should not act or refrain from acting on the basis of anything contained on the Website without first seeking legal advice.
No Representation by Visiting Website.
Neither Adrian Adams nor the law firm Adams Kessler PLC ("Adams Kessler") agree to represent you based upon your visit to Davis-Stirling.com or its affiliated websites AdamsKessler.com and SmartHOA.com, nor does sending an email to an Adams Kessler attorney establish an attorney-client relationship. For Adams Kessler to represent you, you must enter into a written fee agreement signed by both you and a partner from our firm. Do not send us information about your situation without first speaking with one of our lawyers and receiving authorization to do so.
Representation of Associations.
Adams Kessler serves as corporate counsel to community associations and to commercial and industrial common interest developments. So as to avoid potential conflicts, the firm does not represent individual owners.
Agreement Regarding Website.
No Legal Relationship
. No joint venture, partnership, employment, or agency relationship exists between you and Adrian Adams, Adams Kessler or Davis-Stirling.com as a result of this Agreement or your utilization of the Website.
. The use of internet email for conveying sensitive information is discouraged. Your communication with us through this Website may not be considered as privileged or confidential, and will not create or constitute an attorney-client relationship between the firm and any party.
TRADEMARKS & COPYRIGHTS
. Davis-Stirling.com, CommercialCID.com and SmartHOA.com and all related products and service names, design marks and slogans are the trademarks or service marks of Adrian J. Adams. The "look" and "feel" of the Website (including color combinations, button shapes, layout, design and all other graphical elements) are also the trademarks or copyrights of Adrian J. Adams. Use of any of any editorial content and graphics for any purpose is strictly prohibited without Adrian Adams' prior written permission. You may not use, frame or utilize framing techniques to enclose any trademark, logo or other proprietary information on the Website, the content of any text or the layout/design of any page or form contained on a page without Adrian Adams' express written consent.
Copying of Content and Code Prohibited
. Except as expressly authorized on the Website, the use of material from the Website on any other website is prohibited. You may not copy or adapt the HTML or other code that Adrian Adams creates to generate its pages. It is protected by copyright.
Adrian Adams welcomes your feedback and suggestions about how to improve the Website. Any ideas, suggestions, information or material received through the Website, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Adrian Adams to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. You hereby waive any claim to the contrary.
Use of Material.
Adrian Adams authorizes you to download material from the Website provided the use is solely for your personal, noncommercial purposes.
Linking This Site to Others.
You are granted a limited, nonexclusive right to create a hyperlink to the homepage of the Website, provided such link does not portray Adrian Adams, Adams Kessler or Davis-Stirling.com or any of its employees, products or services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time.
The Job Market may be used only for lawful purposes by individuals seeking employment and employers seeking employees. You are only permitted to post ads for real jobs. All information contained in postings must be clear and accurate, not misleading in any way. Job postings which are deemed inappropriate may be removed without warning.
For password protected portions of the Website, you agree to be solely responsible for the confidentiality and use of your password, as well as for any information posted on the Website using your password. You will also immediately notify us if you become aware of any unauthorized use of your password.
You agree NOT to use the Website to:
1. Post any information, image or material that is unlawful, harmful, threatening, abusive, harassing, invasive of another's privacy, defamatory, vulgar, obscene, or otherwise objectionable;
2. Post or transmit material in violation of any applicable local, state, national, or international law or regulation, or in a manner that will infringe the copyright, trademark, trade secret, patent or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others;
3. Impersonate any person or entity, including an Adams Kessler employee or agent, an authorized user of Adams Kessler's services, a candidate, placement specialist or an employer, or otherwise misrepresent your affiliation with any person or entity;
4. Delete or modify any material posted by any other person or entity not related to you;
5. Communicate, send, or place unsolicited email (SPAM), telephone calls, mailings or other contacts to posting individuals and entities;
6. Upload, post, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
7. "Stalk" or otherwise harass another, collect or store personal data about other users, or harm minors in any way;
8. Register an email address that you do not own or for which you do not have the express permission of the owner to register; or
9. Aggregate, copy or duplicate in any manner any of the materials or information available from the Website, without prior written consent.
LIMITATION OF LIABILITY
Disclaimer of Warranties
. As a user of the Website, you expressly agree that: USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED "AS-IS". ADRIAN ADAMS, ADAMS KESSLER AND DAVIS-STIRLING.COM MAKE NO WARRANTY THAT ANY INFORMATION OR SERVICE PROVIDED BY THE WEBSITE WILL MEET YOUR EXPECTATIONS, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Davis-Stirling.com is a passive conduit for the online distribution and publication of user-submitted information. We do not screen communications or information. Adrian Adams, Adams Kessler and Davis-Stirling.com take no responsibility for the activities of job applicants or the companies posting job openings with respect to hiring, recruiting or other practices (or any of the information posted or downloaded by them on the Website).
Waiver of Civil Code §1542.
In the event you have a dispute with one or more users of the Website, you release Adrian Adams, Adams Kessler and Davis-Stirling.com (and their agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you hereby agree to waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Dealings with Advertisers.
Your correspondence or business dealings with persons or entities found on or through the Website are solely between you and such persons or entities. You agree that Adrian Adams, Adams Kessler and Davis-Stirling.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
Links to Other Sites.
The Website contains links to third party websites. Adrian Adams, Adams Kessler and Davis-Stirling.com do not endorse the contents on such websites. If you decide to access linked third party sites, you do so at your own risk.
Limitation of Liability
. In no event shall Adrian Adams, Adams Kessler or Davis-Stirling.com be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including, but not limited to, negligence), or otherwise, arising out of or in any way connected with the use of the Website or the materials contained on, or accessed through, the Website.
. You agree to defend, indemnify and hold harmless Adrian Adams, Adams Kessler, Davis-Stirling.com and their shareholders, partners, agents, affiliates, attorneys and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through Davis-Stirling.com, your violation of these terms and conditions of use or your violation of any rights of another, or relating to or arising from your use of the Website.
Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Costs of Enforcement
Failure by Adrian Adams, Adams Kessler or Davis-Stirling.com to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of any right or provision.
Choice of Law and Forum.
These terms and conditions shall be governed by and construed in accordance with the laws of the State of California. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California.
If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
The terms and conditions in this Agreement constitute the entire agreement between you and Adrian Adams, Adams Kessler and Davis-Stirling.com and govern your use of the Website. This Agreement supersedes any prior communications or agreements between the parties.