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Terms and Conditions

McNamara, Ambacher, Wheeler, Hirsig & Gray LLP (McNamara) provides this website subject to your compliance with the terms and conditions set forth in these Terms & Conditions of Use. By using this website, you agree to be bound by these Terms & Conditions of Use. It is your responsibility to read the Terms & Conditions of Use. If you do not agree to these Terms & Conditions of Use, you must not use this website. McNamara may at any time, in its sole discretion, revise or otherwise update these Terms & Conditions of Use by posting amended Terms & Conditions of Use on this website, and unless otherwise mentioned, any changes will be effective immediately upon posting. Your use of this website following the posting of updated Terms & Conditions of Use constitutes acceptance of those terms. McNamara reserves the right to modify or discontinue, temporarily or permanently, this website (or any part thereof) without notice.

No Attorney-Client Relationship

Your use of this website does not establish an attorney-client relationship between you and McNamara or between you and one of the Firm’s attorneys. Submission of any unsolicited email or other communication or information via this website does not create an attorney-client relationship between you and this Firm or between you and one of the Firm’s attorneys. McNamara has established procedures for establishing an attorney-client relationship, which include obtaining a signed copy of an engagement letter and clearing conflicts in accordance with the rules of professional ethics. 

No Legal Advice

The information and content provided on this website is for general educational purposes only and is not intended to provide legal advice on any subject matter. The information provided on this website may not apply to your particular facts or circumstances and you should seek legal counsel prior to relying on any information that may be found on this website. Further, information provided on this website may not reflect the most recent developments in the law and may not be applicable in your particular jurisdiction.This website and its contents are provided “AS IS” and without warranty of any kind, either expressed or implied. No viewer of this website, including any client, should act or refrain from acting on the basis of any content included in this website without seeking appropriate legal advice from an attorney who is licensed to practice law in the viewer’s state.

No Confidentiality

This website may not be used to provide confidential information about a legal matter of yours to McNamara. Your use of this website does not make you a client of McNamara or a prospective client of the firm. Confidential information should only be communicated to one of McNamara’s attorneys in person, by telephone, or by written communication directly with a McNamara attorney–not by filling in any form on this website or by sending an unsolicited email to McNamara or any of its lawyers.

No Guarantee or Warranty of Outcome

Reports of past results, case summaries, legal analyses, and individual attorney biographies on this website only provide information to the public about the activities and experience of McNamara attorneys and staff. This information is not intended as a guarantee that the same or similar result will be obtained in any matter undertaken by McNamara. The outcome of a particular matter depends on a variety of factors that are beyond the control of the client or McNamara.

Third Party Websites and Related Information

This website contains links to other websites. McNamara is not responsible for the contents of any linked site or any link contained in a linked site. These links are provided to you only as a convenience and the inclusion of any link does not imply recommendation, approval or endorsement by McNamara of such other websites. These third party sites are not under our control, and you acknowledge that McNamara is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites.

Warranty Disclaimers

THIS SITE, ITS CONTENT, MATERIALS AND ITS LINKS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW.  LITTLER, ITS AFFILIATES AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS SITE (INCLUDING ITS CONTENT, MATERIALS, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS.  IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

California

This website constitutes a “communication” as defined in Rule 1-400(A) of the California Rules of Professional Conduct because it is a message made by and on behalf of attorneys at McNamara who are members of the State Bar of California concerning McNamara and the availability for professional employment of those members and their law firm.

Additionally, pursuant to applicable laws and rules of professional conduct in other states, this website may constitute advertising. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you select any lawyer, you should inquire further about the particular abilities, qualifications, and experiences of the lawyer to determine if they are appropriate for your needs. If you wish to consider retaining McNamara to be your lawyers, please ask us to send you free written information about our qualifications and experience or to schedule a meeting.

Indemnification

Except in situations where an attorney-client relationship exists between you and McNamara, you agree to defend, indemnify and hold harmless McNamara, its affiliates and its suppliers, and each of their respective partners, officers, directors, employees, representatives, agents and contractors from and against all demands, claims, damages, liabilities, losses, costs, expenses or harms, including without limitation attorneys’ fees, arising in connection with your use of this website, online conduct, User Content, improper or unauthorized use of the Materials or Content, breach of these Terms & Conditions of Use, infringement of any privacy obligations, Intellectual Property Rights or other proprietary rights, or dealings or transactions with other persons resulting from your use of this website.

Applicable Law and Forum

With respect to any and all disputes arising form or in connection with this website or these Terms & Conditions of Use (including without limitation the Privacy Policy, McNamara and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another to achieve a mutually satisfactory resolution. These Terms & Conditions of Use shall be governed by the laws of the State of California. Except as specifically provided in these Terms & Conditions of Use, McNamara and you agree that any dispute or controversy arising out of, relating to or in connection with this website shall be filed in the Superior Court for Contra Costa County

IRS Circular 230 Disclosure

Any information on this website that may be construed as United States tax advice is not written or intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing, or recommending to another party any matter addressed on this website.

Privacy Statement

McNamara is concerned about privacy and has developed a policy to address privacy concerns (the “Privacy Policy”). The Privacy Policy is incorporated into these Terms & Conditions of Use by reference and constitutes a part of these Terms & Conditions of Use. Please read McNamara’s Privacy Policy to better understand what information we collect from you and how we use your information. By using this website, you are consenting to the terms of McNamara’s Privacy Policy.

Copyright Notice

The entire contents of this website are protected by copyright laws. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THIS WEBSITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices, such as trademark and copyright notices, from the materials.

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