Terms of Use
Last modified: March 1, 2021
Welcome to the Red Peak Legal Advisors PLLC website. These Terms of Use (“Terms”) govern all Users (“you” “your”) of the Red Peak Legal Advisors PLLC (“our”) website (“Site”). Please read the terms in full before using our Site. By accepting these Terms, or by using this Site, you agree to be legally bound by these Terms of Use, as well as our Privacy Policy. If you do not agree to these terms, please do not use our Site. We reserve the right to modify these Terms at any time without prior notice, and your use of the Site binds you to the use of the changes made. We do occasionally update these terms, so please refer to them in the future.
Access to Site
You will be able to access our Site without having to register any details with us. RPLA may alter, suspend or discontinue this Site at any time and for any reason, without notice or cost. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
Use of Site
Our Site and the information it contains, or may contain in the future, including, but not limited to, articles, press releases, bulletins, reports, guides, directories, images, data, text, audios, videos, photographs, custom graphics, logos, button icons, descriptions, trademarks, trade names, service marks, and other material, and the collection and compilation and assembly thereof, are the exclusive property of RPLA, and are protected by U.S. and international copyright laws. Certain names and logos contained in the Site may belong to third parties and are used with permission.
The contents of our Site may be used for informational purposes only. Any other use of such contents, including the reproduction, modification, distribution, transmission, republication, display, or performance of the contents without our prior written consent is expressly forbidden.
Any third-party trademarks or service marks appearing anywhere on our Site are the property of their respective owners. Such third-party marks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of RPLA should be inferred from the use of these marks on our Site. If any product name or logo does not appear with a trademark (™), that does not constitute a waiver of any intellectual property rights that RPLA has established in any of its products, features, or service names or logos.
You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any content of this Site for commercial profit or gain. Nothing in these Terms or on the Site shall be construed as conferring any intellectual property or other proprietary rights to you. You agree to observe copyright and other applicable laws and may not use the content in any manner that infringes or violates the rights of any person or entity. We hold all rights to the content on this Site.
As a condition of your use of the Site, you will not use the Site, or any contents or services, for any purpose that is unlawful in any applicable jurisdiction where our Site is being used, or prohibited by these terms, conditions, and notices, and you agree to abide by the terms and conditions set forth in the “User Conduct” section. You may not use the Site contents or services in any manner that could damage, disable, overburden, or impair any of our equipment or interfere with any other party’s use and enjoyment of the Site, or any contents or services. You may not attempt to gain access to any portion of the Site, or any of its contents or services, other than those for which you are authorized.
WHILE EVERY EFFORT IS MADE TO ENSURE THE TIMELINESS AND ACCURACY OF THE SITE CONTENT AND SERVICES, WE MAKE NO WARRANTIES EITHER EXPRESS OR IMPLIED, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR THE COMPLETENESS, USE, ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS, OR USEFULNESS, OF ANY OF THE RESULTS OBTAINED FROM ITS USE. ANY TESTIMONIAL OR ENDORSEMENT DOES NOT CONSTITUTE A GUARANTEE, WARRANTY, OR PREDICTION REGARDING THE OUTCOME OF YOUR LEGAL MATTER. ANY VIDEO OR VISUAL DEPICTION OF SERVICES OFFERED TO CLIENTS IS A DEPICTION OR DRAMATIZATION.
WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONTENT OF THE SITE, OR LINKS TO OTHER SITES, INCLUDING, BUT NOT LIMITED TO, ACCURATENESS, COMPLETENESS, CORRECTNESS, TIMELINESS, OR RELIABILITY. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO ANY CONTENT OR SERVICES WHATSOEVER THAT MAY BE ACCESSED THROUGH THIS SITE, OR THE RESULTS TO BE OBTAINED FROM USING THE SITE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE OR CONTENT IS FREE FROM DEFECTS OR VIRUSES. YOUR USE OF EXTERNAL LINKS AND THIRD-PARTY WEBSITES IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH LINKS AND SITES.
While every effort is made to ensure that all content provided on the Site does not contain computer viruses or harmful materials, you should take reasonable and appropriate precautions to scan for computer viruses or otherwise protect your computer and you should ensure that you have a complete and current backup of the applicable items on your computer. We disclaim any liability for the need for services or replacing equipment or data resulting from your use of the Site. While every effort is made to ensure smooth and continuous operation, we do not warrant the Site will operate error-free.
Site Uptime
We take all reasonable steps to ensure that our Site is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if this Site is unavailable at any time. Our Site may be temporarily unavailable due to issues such as system failure, maintenance, or repair, or for reasons beyond our control. Where possible, we will try to give our users advance warning of maintenance issues but shall not be obliged to do so.
User Conduct
Any material you send or post to our Site shall be considered non-proprietary and non-confidential. We do not collect or store any personally identifiable information about you while using our Site but please do not send any such information to us. Because our Site does permit the submission of electronic mail and subscription requests for our blog, we have developed a Privacy Policy to inform Site users of our policies and practices regarding such information.
When using our Site, you shall not post or send to or from the Site:
- content for which you have not obtained all necessary consents;
- content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our Site is being used; or
- content that is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our Site in breach of this Section.
You shall not use our Site while distracted or preoccupied, such as when operating a motor vehicle. You should access our Site only with due regard for your own safety and the safety of others.
Links to and from Third-Party Websites
Any links furnished on our Site may allow you to leave our Site. These third-party websites are not under our control and we disclaim any responsibility for the contents of such linked websites or any link(s) contained in any such linked site(s) or any changes or updates to any of these websites. We further disclaim any responsibility for any form of transmission received from any linked third-party website or advertising. If we provide these links to you, it is done simply as a convenience to you and inclusion of any link herein shall in no way be construed as an endorsement by us of the website(s). Additionally, RPLA did not produce and is not responsible for the content of third-party legal resources.
If you would like to link to our Site, you may only do so on the basis that you link to, but do not replicate, any page of our Site, and subject to the following conditions:
- you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
- you do not misrepresent your relationship with us or present any false information about us;
- you do not link from a website that is not owned by you; and
- your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person, or does not comply in any way with the law of the United States of America.
If you choose to link our Site in breach of these Terms, you shall fully indemnify us for any loss or damage suffered as a result of your actions.
Disclaimer
All information on our Site is of a general nature and is furnished for your knowledge and understanding and as an informational resource only. Nothing on our Site should be construed as legal advice. The material posted on this Site is not intended to create, and receipt of it does not constitute, a lawyer-client relationship, and users should not act upon it without seeking professional counsel. The documents and any related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information contained on our Site. We may make improvements and/or changes to any of the products depicted or described herein at any time. We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of the Site or reliance on the information from either.
The materials on this Site may constitute advertising under various state ethics rules. This Site contains attorney advertising, but prior results do not guarantee a similar outcome.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY PRODUCTS, INFORMATION, OR SERVICE PROVIDED THROUGH THIS SITE, INCLUDING, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM.
Limitation of Liability
YOUR USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR THE PRODUCTS, OR YOUR RELIANCE ON OR USE OF THE SITE, THE INFORMATION, OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS, OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
Indemnification
You agree to defend, indemnify, and hold us, our officers, directors, employees, volunteers, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the Site or your violation of these Terms and Conditions or your violation of any third-party right, including without limitation any trademark, copyright, or other proprietary or privacy right.
Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.
Applicable Law
We make no representations that the content or the Site are appropriate or may be used or downloaded outside the United States. Access to the Site and/or the content may not be legal in certain countries outside 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 the laws of the jurisdiction from which you access the Site.
Our Site is created and controlled in the District of Columbia, United States of America. The Site, and its contents, and any disputes arising therefrom shall be construed and interpreted under the laws of the District of Columbia and applicable United States federal laws. Use of our Site constitutes agreement of the user to the jurisdiction of the state and federal courts located therein.
Our Site is subject to the United States export control laws and regulations and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import of any data on our Site, as may be required.
General
These Terms, together with the Privacy Policy, and any legal notices published by us on the Site, shall constitute the entire agreement between us concerning use of the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Contact Information
If you have any questions or concerns about these Terms, please contact us by emailing or writing to us at the addresses provided on the Contact Us page of this Site.
Privacy Policy
Last modified: March 1, 2021
Red Peak Legal Advisors LLC (“RPLA” or “we” or us”) respect your concerns about privacy. This policy describes the types of information we may collect from you or that you may provide when you visit our web/blog site (“site”), and how we collect, use, maintain, protect, and share information gathered from our site users.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. Your use of RPLA’s website constitutes acceptance of the terms of this policy. The policy may change from time to time (see Changes to this Privacy Policy). Your continued use of our site after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Information You Give Us
When visiting our site, you may choose to share with us personally identifiable information such as your name, email, phone number, and nature of your inquiry to prompt us to contact you, to subscribe to a blog, or in connection with a resume submitted for consideration by our team. We will use this information to fulfill your request. We may also use this information to keep you informed about events, legal developments, and services provided by RPLA that we believe will be of interest to you. In this case, you will have the opportunity to opt out of receiving such direct marketing communications. RPLA will not disclose any of your persona information other than as described below.
Information We Collect About You
RPLA may collect specific aggregate technical information and information about your visit to our site, such as usage details, IP addresses, browser type, language preference, referring site, and information collected through cookies, automatically as you navigate through the site. This information helps us to understand how visitors engage with our site so that we can continue to meet the information needs of our site visitors and improve the functionality of our site.
Information We Share
RPLA will not sell, rent, trade, or disclose any of your personal information obtained, except as described herein. We may share such information with our employees, independent contractors, or affiliated organizations performing services on our behalf, including the fulfillment of your requests. Also, we may disclose personal information if required to by law or pursuant to legal process, in order to comply with requests from law enforcement, court, regulators, or government officials, or if RPLA believes in good faith that disclosure is necessary to prevent physical harm or financial loss. RPLA reserves the right to disclose personal information in the event of a sale or transfer of all or a portion of its business assets.
Use of Cookies and Tracking User Traffic
Some pages on this site may use “cookies”– small files that the site places on your hard drive for identification purposes. A cookie file can contain information such as a user ID to track the pages visited, but the only personal information a cookie can contain is information you supply yourself. These files are used for site registration and customization the next time you visit us.
Some parts of the site may also use cookies to track user traffic patterns. RPLA does this to determine the usefulness of our site information to our users and to see how effective our navigational structure is in helping users reach that information. Please note that cookies cannot read data off your hard drive. Your browser may allow you to be notified when you are receiving a cookie, giving you the choice to accept it or not.
If you prefer not to receive cookies while browsing our site, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser. By not accepting cookies, some pages may not fully function, and you may not be able to access certain information on this site.
Where We Store Your personal information
If you are a resident of the European Union, please be aware that the personal information we collect from visitors to our site will be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It will also be processed by staff operating outside the EEA who work for us or for one of our suppliers. This includes staff engaged in, among other things, the provision of legal services as documented in a written engagement letter with RPLA and the processing of your payment details. By submitting your personal information, you agree to this transfer, storing, or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.
Information Security
RPLA maintains administrative, technical, and physical safeguards in order to protect against unauthorized use, disclosure, alteration, or destruction of your personal information provided to us via the site. However, despite our efforts to protect the data provided to us through our site, the transmission of information via the Internet is not completely secure, and therefore we cannot guarantee the security of your personal information transmitted to our site. Any transmission of personal information via our site is at your own risk. Further, we are not responsible for the circumvention of any privacy settings or security measures contained on the site. We recommend using caution when determining what and how much information to provide through our site. We also recommend that you change your passwords often, using a combination of letters and that you do not share your password with anyone.
Protecting the Privacy of Children
Our site is not intended for children under 16 years of age. No one under age 16 should provide any personal information to or on the site, and we do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this site or on or through any of its features, use any of the interactive features of this site or provide any information about yourself to us, including your name, address, telephone number, or email address. If we learn we have collected or received personal information from a child under 16, we will delete that information. If you believe RPLA might have any information from or about a child under 16, please contact us at the addresses provided on the Contact Us page of this Site.
Links to Third Party Sites
This site may contain links to other sites. RPLA does not share your personal information with those websites and is not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies.
Access to Information
You have the right to access personal information held about you. Your legal rights, including if you are based in the European Union, your right of access, right to rectification, right to erasure, right to restriction of processing, right to object to processing, right to data portability, and right to withdraw at any time your consent to our processing of your personal information, can be exercised in accordance with applicable law in your country of residence.
Your California Privacy Rights
California Civil Code Section §1798.83 permits users of our site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email or write to us at the addresses provided on the Contact Us page of this Site.
Changes to this Policy
RPLA reserves the right to update this policy at any time and without prior notice to its site users. The date of the most recent revision will be featured at the top of this page for your convenience. We advise you to read our policy from time to time. Your continued use of RPLA’s site will constitute acceptance of the terms of the revised policy.
Inquiries about this Policy
If you have any questions or concerns about our Privacy Policy or wish to exercise any of your legal rights with respect to your personal information, please send an email or write to us at the addresses provided on the Contact Us page of this Site.
Disclaimer
The information displayed on this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established and confirmed in writing.