Overview of Terms of Use
Welcome to H.W. Achala Law. As your trusted legal resource for informative articles and guidance, we are continually striving to deliver accurate, accessible, and pertinent information to help individuals, students, legal professionals, and the general community better understand the complexities of the law. Our Terms of Use outlines your use and access to the H.W. Achala Law site (https://hwachaelaw.com/) and details the rights, responsibilities, and limitations therein for our readership and services on and associated with our website. By utilizing or accessing the site you agree that you have read, understood and fully agree to our Terms of Use. If you do not accept or agree to all of these Terms of Use, you must refrain from making use of our services. These Terms of Use help protect you, as well as us as an organization, ensuring a safe, respectful, and informative space for all to share in learning about law.
About H.W. Achala Law
H.W. Achala Law is a legal information service provided by H.W. Achala, a lawyer with years of experience and a graduate of Harvard Law School. Our aim is to provide an accessible point of entry to a broad range of complex legal issues and concerns, by providing comprehensive articles, expert commentary, and practice-oriented resources. While we attempt to ensure that the material made available on our website is accurate and current, the content on this site is for informational purposes only, and does not constitute legal advice or establish an attorney-client relationship. For more details about our mission and background, visit our About H.W. Achala Law page.
Agreement to Terms of Use
By accessing the H.W. Achala Law website you agree to be bound to these Terms of Use and all applicable laws and regulations. These Terms govern the use of our website by all visitors including but not limited to non-registered users, members of our newsletter groups, students, legal professionals, and others accessing our content. If you do not agree to these Terms or to any revision we may make to these Terms, you must immediately discontinue using the website and all associated services and tools.
Changes to Terms of Use
H.W. Achala Law may, in its discretion, modify or amend these Terms of Use at any time. As such, revisions become effective immediately upon their updating on the website. Your continued access and/or use of the website following the modifications are considered your agreement to them. We advise you to review the terms periodically for changes and updates, so that you are aware of your obligations and rights.
Use of Content and Copyright and Other Intellectual Property Rights
All content available through the H.W. Achala Law website, including but not limited to text, images, graphics, logos, design elements, and educational information, is the property of H.W. Achala Law or its licensors and is subject to United States and international law protecting intellectual property rights owned by H.W. Achala Law or the licensor of H.W. Achala Law. Content on this site is provided for informational purposes only and may be downloaded for your own personal non-commercial use only. No part of this website or any content available through it may be copied, republished, modified, transmitted, uploaded, posted, replicated, or used for commercial or non-commercial purposes without the express prior written permission of H.W. Achala Law prior to such use. All rights not expressly granted herein are reserved by H.W. Achala Law.
Authorized and Unauthorized Uses
You are granted access to the website and permission to utilize its contents strictly for educational, research, and informational purposes. The use of links to original articles or resources is permitted, provided that users are not misled regarding their provenance or origin, and that the content remains unaltered in terms of its original meaning or context. The following actions are expressly prohibited:
- Utilizing the website or its materials for unlawful, fraudulent, or menacing purposes;
- Gaining unauthorized access to the site, servers, or user accounts;
- Copying, reproducing, republishing, or redistributing any material in a commercial context without obtaining express written permission;
- Posting or transmitting material that infringes upon the rights of any individual or entity, including but not limited to intellectual property rights, copyright, privacy rights, and confidentiality rights;
- Posting or transmitting material that contains a virus, trojan horse, worm, or any other computer program that includes code or instructions designed to interrupt, destroy, or otherwise limit the functionality of any software or computer hardware; and/or,
- Utilizing computer code for the purpose of data mining, crawling, scraping, or harvesting information from this site.
User Registration and/or Newsletter Subscription
H.W. Achala Law offers users the ability to subscribe to our free newsletter. By subscribing you agree to provide accurate and current information, and to keep this information up to date as required. You are responsible for keeping the subscription login keys confidential, and for all statements made using your subscription information. Please immediately inform us at [email protected] of any unauthorized use of your information.
No Legal Advice or Attorney Client Relationship
The information and materials made available through H.W. Achala Law are for general educational and informational purposes only. Your visit to this website or communication with H.W. Achala Law is not intended to create and does not constitute an attorney-client relationship. You should retain qualified counsel to advise you on issues pertaining to your particular situation. H.W. Achala Law does not provide direct legal work or legal consulting through its website.
Accuracy, Reliability, and the Like
H.W. Achala Law strives to keep current all content provided on these pages. However, given the nature of the law and possibilities of human error, H.W. Achala Law does not in any way warrant or guarantee any information provided herein as being complete, accurate, or current. Laws, regulations, and rules vary among jurisdictions and are subject to change over time. User assumes all responsibility for verifying any information through independent sources prior to use for any purpose and H.W. Achala Law bears no responsibility for any inaccuracies or omissions provided herein.
Third Party Links and Resources
Our website may contain links to websites or other third party resources. These links are provided as a convenience and for informational purposes only. H.W. Achala Law does not control these third party sites or their policies and makes no representations, warranties, or endorsements with respect to third parties and their sites. Access to any third party is at your own risk and you should review the terms and privacy policy applicable to any website you visit.
Privacy of Your Information and Data
H.W. Achala Law’s collection, use, and disclosure of Personal Information is subject to our Privacy Policy, which is incorporated into these Terms of Use by reference. By subscribing to our website and newsletter, you authorize us to collect and use your Personal Information in accordance with our Privacy Policy. We take reasonable steps to protect such information and data; however, no transmission or storage of data will be secure or protected absolutely. If you have a privacy-related concern, please contact us at [email protected].
Contributions to User-Generated Content
H.W. Achala Law or its agents may, upon occasion, provide the capability for users to submit comments, queries or other information via forms, e-mail or other interactive portions of the Website. H.W. Achala Law does not review user-submitted content for appropriateness prior to posting. By submitting materials through any of these means, you grant H.W. Achala Law a non-exclusive, royalty-free, perpetual and worldwide license to use, reproduce, modify, publish and/or distribute such materials for any purpose. You are fully responsible for all content that you submit, and you agree not to submit material that is defamatory, obscene, abusive, infringing or otherwise unlawful or offensive. We reserve the right to delete or edit any user content at our sole and absolute discretion.
Disclaimer of All Warranties
Your use of the H.W. Achala Law website and/or the information contained herein is at your own risk. The website, content and all services are available to you on an “as is,” “as available” and “with all faults” basis. H.W. Achala Law makes no representations or warranties of any kind with respect to the website, its content and all services, expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the website will be uninterrupted, error-free, secure or free from viruses or other harmful components.
Limitation of Liability
To the maximum extent permitted by law, H.W. Achala Law, its founder Harold W. Achala, affiliates, employees and anyone who writes for the website shall not be liable for any direct, indirect, incidental, consequential, special, punitive or other damages arising out of or in any way related to your use or reliance on the website and/or its content even if you have been advised of the possibility of such damages. This is true whether an action is brought in contract, tort, strict liability or other form.
Indemnification
You, respectively, agree to indemnify, defend and hold harmless H.W. Achala Law, its founder, officers, employees, affiliates and contributors from and against any and all claims, liabilities, damages, losses, costs or expenses (including reasonable attorneys’ fees) based on or in any way related to your access to or use of the website, your violation of the terms, or your violation of any intellectual property or other right of any individual or entity.
Termination and Suspension of Use
H.W. Achala Law may at its sole discretion, suspend, limit or terminate your use at any time for any reason, including without limitation, if you are found to have violated the Terms of Use. On termination, all provisions of these Terms of Use that by their nature should survive shall continue to survive, including intellectual property rights, disclaimers, limitations of liability, and indemnity provisions.
Applicable Law and Governing Jurisdiction
These Terms of Use are to be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles. By using and viewing the website, you agree that any action at law or in equity arising out of or relating to these Terms of Use or your use of the website will be filed only in the courts located in Oakland, California, United States and you hereby consent and submit yourself to the personal jurisdiction of such courts for the purposes thereof.
International Use
H.W. Achala Law is in the United States. If you access the site from outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. We make no representations that materials on this site are appropriate or available for use in other jurisdictions.
Copyright Infringement Notice and Policy (DMCA compliance)
H.W. Achala Law respects the intellectual property rights of others. If you believe that your copyrighted work is being infringed on our website, please provide a written communication to [email protected] with the following information: (a) A description of the copyrighted work claimed to have been infringed; (b) An identification and location of the infringing material; (c) Your contact information; (d) A statement that you have good faith belief that use of the material is not authorized and your case position; and (e) A statement under penalty of perjury that the information contained in this notification is accurate and that you are authorized to act on behalf of the copyright owner.
Accessibility
H.W. Achala Law is dedicated to making our website accessible to all users. We are continually striving to meet or exceed applicable standards and improve our site’s usability. Should you experience any issues, or have suggestions for improvement, please contact [email protected] or call us at (510) 480-1997.
Children’s Use of This Site
H.W. Achala Law does not knowingly collect personal information from children under the age of 13. The website and its content are intended for users who are at least 13 years of age. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us at [email protected] so that we may take the necessary steps.
Severability and Waivers
If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision shall be deemed modified to the minimum extent to render it valid and lawful and enforceable, and the remaining provisions hereof shall remain in full force and effect. No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term.
Entire Agreement
These Terms of Use and the Privacy Policy, as well as any other legal notices or conditions published on this website and all contained on the website, constitute the entire understanding between H.W. Achala Law and you with respect to the use of this website, and supersede all prior agreements, understandings or representations with respect to the subject matter. Any ambiguity in the interpretation of these Terms shall not be construed against H.W. Achala Law.
Contact and Communication
If you have any questions, comments, or concerns about these Terms of Use or the H.W. Achala Law website in general, please contact us using the following address details:
| Address: | 1300 Clay St Ste 29, Oakland CA 94612 |
| Phone: | (510) 480-1997 |
| E-mail: | [email protected] |
We’d be happy to help and will aim to get back to you as soon as possible. We recommend that you subscribe to our free newsletter with the latest developments in the law so that you can keep up to date with the news. Subscribe to our free newsletter on our website or visit our Contact H.W. Achala Law page for more details.
Updates to These Terms of Use
H.W. Achala Law may from time-to-time revise these Terms of Use in our discretion to reflect changes in the services we offer or legal requirements or functionality of the Site. We will note the date of the most recent version at the top of this webpage. It is your responsibility to check these Terms of Use periodically for updates. Your continued use of the Site after any changes have been posted will constitute your acceptance of the revised Terms.
User Use Responsibilities and Good Practices
You, the user of H.W. Achala Law, agree to use our materials and this site in a responsible and respectful manner. You agree that you will not misrepresent or use any resources for unlawful or unethical purposes. To that end, you agree:
- To properly cite to and acknowledge H.W. Achala Law for any reuse;
- Not to copy or commercially use these materials without authorization;
- Not to use these materials for illegal or immoral purposes;
- To use our resources in a responsible manner relating only to education and information, so long as:
- Your use does not violate other conditions of use outlined here, and
- Your use is not otherwise objectionable to H.W. Achala Law;
- To contact [email protected] regarding any abusive or improper use.
Community Engagement/Feedback
We value the feedback and engagement of our readers. H.W. Achala Law provides an avenue for users to comment, ask questions, or make suggestions through our website via the use of interactive features. We kindly ask community members to maintain a constructive and civil tone in their communications. Any uncivil, abusive, offensive, or spam content will not be tolerated on User Activity pages and may result in the removal of content, comments, or restrictions on access, either partially or entirely. Your feedback is essential for us to enhance our resources and better serve the legal education and law school community.
User Security and Integrity Precautions
H.W. Achala Law takes reasonable security precautions to protect your information and the integrity of our service. However, every website is potentially vulnerable to attacks. We advise users to:
- Employ strong, unique passwords for any newsletter subscription.
- Refrain from submitting sensitive personal information via forms with a public disposition.
- Report suspected security vulnerabilities or suspicious user activity promptly to [email protected].
Advertisements and Endorsement Notices
H.W. Achala Law is an unbiased source of legal information and does not host any paid advertisements, sponsored content or endorsements on this site. All third party services, products and/or organizations (collectively, Third Party) mentioned on this site are not endorsed by or constitute a recommendation from H.W. Achala Law or its founder Harold W. Achala.
All service/product/organizations mentioned in this post are for informational purposes only and do not constitute an endorsement or recommendation by H.W. Achala Law or its founder Harold W. Achala.
Modifications to Website, Applications, and Services
We reserve the right, at our sole discretion, to modify, suspend or discontinue, temporarily or permanently, any part or portions of the website, its content and services, with or without notice. We may also add to, remove and/or change parts of the website, its content and services including educational materials, articles and newsletters. H.W. Achala Law shall not be liable to you or any third party for any such modification, suspension or discontinuance.
Subscription Membership (Newsletter) and Cancellations
To receive our regular legal updates, users can sign up to the H.W. Achala Law newsletter by entering a valid email address on our website. You can opt out at any time by following the link in our newsletters, or by sending us an email at [email protected]. We respect your privacy and use your information in accordance with our Privacy Policy.
Dispute Resolution Process
Disputes. If a dispute arises between you and us with respect to your use of the H.W. Achala Law website or these Terms of Use, you are encouraged to contact us directly at [email protected] to attempt to resolve that dispute informally. If an informal resolution cannot be achieved, any such dispute will be submitted to the exclusive jurisdiction of the state and federal courts situated in Oakland, California pursuant to ‘Governing Law and Jurisdiction.’
Retention of Rights By Terms of Use Provider
A failure of H.W. Achala Law to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. Any and all rights and remedies available to you hereunder are cumulative and not exclusive of any other rights or remedies available to you at law or in equity.
Acceptance and Understanding of Terms of Use
Accessing, browsing and/or using the H.W. Achala Law website constitutes your agreement to these terms and conditions. Do not use this site or the services offered herein if you do not accept these terms. Continued use of the website constitutes agreement with such terms, conditions and policies.
Thank You for Visiting Our Website
Thank you for trusting H.W. Achala Law as your legal source for news. Our mandate is public legal education, excellence, and integrity. We encourage you to utilize our resources, subscribe to our newsletter, and make inquiries or comments. Together, we can unite to advance legal knowledge within the community.