Website Terms & Conditions
Please read carefully. These terms and conditions apply to this website and to all visitors. By visiting this website, accessing its resources, or submitting any forms contained here, you are agreeing to all of the terms and conditions below. If you choose not to agree to these terms and conditions, then you may not visit this website, access its resources, or submit any forms.
Website ownership and operation.
This website and its associated resources (collectively “Resources”) are owned and operated by Clear Focus Law, PLLC, a Washington State Professional Limited Liability Company (“Us” “We,” or “Company”).
The Resources are intended for reference and educational purposes only. Use directly for commercial purposes, including use of Resources to support any business model, actual business, enterprise or venture, or reliance on any portion of Resources as legal advice is prohibited and not supported.
The Resources are intended only for lawful residents of the United States who are 18 years of age or older. None of the contents of Resources are intended for children under the age of 13, and are not intended in any way to market commercial products to, or solicit any information whatsoever from children under the age of 13 years of age. Users of Resources (“You,” or “Users”) are personally and solely responsible for ensuring that accessing the Resources, and the information or products and services contained within, is lawful to view and access in the jurisdiction in which they reside or from which they access the Resources.
Disclaimer of Warranties.
Except where disclaimer of warranties are prohibited by law, the Resources are provided, and by accepting these Terms and Conditions you are agreeing to use of or access to Resources, on an As Is basis and acknowledging the following warranty disclaimers. All express or implied warranties, including, but not limited to, warranty of merchantability, warranty of fitness for use, warranty of title, and warranty of non-infringement are hereby disclaimed wholly, and completely. Furthermore, We do not warranty in any way that the Resources, and functions or purposes served within or available through the Resources, will work in any particular manner, will be error free, uninterrupted, free of viruses, worms or other malware, or error free. Finally, We do not warranty in any way that Your patronage of any listed business, merchant or establishment will meet any particular standard of quality, or will not result in loss, physical injury or damages due to criminal or tortious conduct by anyone. If any particular portion of these disclaimers of warranty shall be found, by a court of competent jurisdiction, to be unlawful or otherwise unenforceable, then all remaining portions shall continue to have full force and effect.
Release and waiver of liability.
Neither the Company nor any of its elected or appointed officers, owners, members, shareholders, employees or agents shall be liable for any liability, penalty, fee, fine, attorney’s fees, or any other costs, associated with, stemming from, or in any other way pertaining to Your use of, or access to the Resources or reliance on the Resources, regardless of the theory of liability including, but not limited to, direct, indirect, special, consequential, incidental, exemplary, punitive or any other type of damages, lost or damaged data, damage to equipment, lost profits, personal injury or death, all of which are excluded, waived and disclaimed in their entirety and in perpetuity by the agreement of the parties. Your agreement to exclude, waive and disclaim shall extend, in perpetuity, to your estate, descendants, heirs and assigns. If any particular portion of these disclaimers of liability shall be found, by a court of competent jurisdiction, to be unlawful or otherwise unenforceable, then all remaining portions shall continue to have full force and effect.
Limitation of Liability.
Under no circumstance shall the liability of the Company or any of its elected or appointed officers, owners, members, shareholders, employees or agents, in any way related to Your use of Resources referenced by or related to these Terms and Conditions, exceed the sum of $10 in US funds. This provision relates to Your use of Resources only, and does not attempt to limit the liability of Company in the context of an actual attorney-client relationship. See Disclaimers regarding when an attorney-client relationship is and is not created.
Indemnification and hold harmless.
You agree to, and shall indemnify, defend, and hold completely harmless the Company, its elected or appointed officers, shareholders, employees, and agents from and against any claims, lawsuits, regulatory proceedings, damages (of any type, including punitive or exemplary damages), penalties, fees, fines, and costs, claimed by any third party or imposed by any governmental entity or court of law, for your actions or inactions in any way relevant to, stemming from, or resulting from your use or misuse of the Resources. This duty to defend, indemnify and hold harmless shall include payment of any reasonable attorney’s fees incurred therefrom. Company will endeavor to advise you about the existence of any legal action that may trigger your indemnification obligations as soon as possible. Late notification does not limit or eliminate your indemnification obligations.
Applicability of Terms and Conditions.
Except as prohibited by law these Terms and Conditions shall be binding on You, your estate, descendants, heirs, and assigns.
Non-Responsibility for Third-Party Actions or Third-Party Websites.
The Resources are available to many Users and, from time to time, may permit Users to access websites or other digital resources operated by third-parties. The Company has no control over the actions of Users or third-parties that may operate websites or other digital resources accessible through the Resources. As such, the Company takes no responsibility for the actions of other Users. Furthermore, while the Company will exercise care in choosing the websites and other digital resources that are officially accessible through the Resources, because it has no control over these websites and other digital resources, and because other Users may, through interactive media, themselves post or provide access to third-party websites and other digital resources, Company disclaims all responsibility for the contents of these third-party website and other digital resources, and advises Users to exercise care when following links that take them to websites or other digital resources, operated by third-parties, outside of Resources.
No Implied Endorsement.
The listing of third-party businesses, merchants and establishments in Resources is provided strictly for references purposes only and do not constitute an endorsement of any sort by Company. You are responsible for taking the proper and appropriate steps to ensure, to your personal satisfaction, the legitimacy of such businesses, merchants and establishments before doing business with them. In the case of businesses, merchants and establishments with a physical presences, You are responsible for exercising all reasonable precautions and conducting necessary due diligence such as, but not limited to, determining the safety of the neighborhood in which it is located, and ensuring that it appears to be a legitimate business, before entering such premises.
Brand Assets Belonging to the Company.
The following are Brand Assets belonging to the Company. The Company claims and reserves all rights to such Brand Assets and the intellectual property contained therein. Use other than as licensed or as reasonably permitted by the Fair Use Doctrine, is strictly prohibited. In particular, you may not utilize the Company’s Brand Assets: a) in a manner that might deceive or confuse the public; b) in a manner that implies that you own or control the the Brand Assets; c) in a manner that implies that you or your organization is affiliated with the Company unless you actually are and receive a license to use the Brand Assets in such a manner; d) in a manner that suggests that the Company sponsors or endorses you, your organization or your product/service; e) in a manner that confusingly combines your Brand Assets with those of the Company; f) on your website or other digital presence vehicle (including social media sites or accounts owned or controlled by you) if the Company’s Brand Assets are featured more prominently than other branding material on the site; or g) on your website or other digital presence vehicle (including social media sites or accounts owned or controlled by you) if said website or digital presence vehicle promotes pornography, gambling, underage smoking or drinking, or any unlawful activity. Whenever you reference the Company’s Brand Assets, you are required to use the “™” designator following it at least once in any document, web page or other digital presence vehicle.
- “Clear Focus Law” is a trademark owned by the Company and are considered Company Brand Assets.
- The slogan “Business-Friendly Legal Advice” is a trademark owned by the Company and is considered one of the Company’s Brand Assets. The Company does not permit the use of this particular trademarked slogan except as specifically licensed in writing.
- The following logos are trademarks owned by the Company and are considered Company Brand Assets . The Company does not permit the use of logo Brand Assets except as specifically licensed in writing:
Change to these Terms and Conditions.
The Company may unilaterally change any of the provisions herein if, in its sole discretion, it believes the change to be appropriate. Upon any change, the new version of this Agreement will be posted on the main website for the Company and reasonable steps will be taken to inform Users of such changes. Users are responsible for checking for amendments from time to time and for reviewing the newly posted Terms and Conditions when informed of their existence.
Mandatory Arbitration. Any disputes relating to this Agreement and to the Resources, shall be resolved by binding arbitration only, and the parties hereby waive their otherwise inherent right to file a lawsuit in a court of competent jurisdiction for relief. This means that by accepting this Agreement, you are waiving your right to file a lawsuit in court and to form a class for purposes of a class action lawsuit. Prior to commencing with arbitration, any aggrieved party is strongly encouraged to contact the Company’s dispute resolution center at: Hello@ClearFocusLaw.com. If arbitration becomes necessary, then the parties agree that it shall be conducted in the following manner:
- The arbitrator may be any appropriate arbitrator or consumer arbitration provider as agreed to between the parties. If the parties are unable to select a mutually acceptable arbitrator or arbitration service, then each party shall select an individual arbitrator and the arbitrators shall jointly select a third arbitrator, and the third, selected, arbitrator shall preside over the arbitration.
- Upon the conclusion of the arbitration, the most prevailing party shall be entitled to its reasonable attorney’s fees and costs, and the other party shall be responsible for the entire cost of the arbitration proceedings including the cost of the arbitrator.
- All arbitration proceedings shall be conducted by telephone, video-conferencing and/or any other equally accessible electronic or digital means.
- Neither party shall have the opportunity to present or communicate to the arbitrator in person prior to the rendering of a decision, unless the presentation or communication is mutually agreed upon.
- Any award resulting from arbitration may be filed in any court of competent jurisdiction. If the party who is required, by an arbitration award, to pay damages does not pay such damages within a reasonable period of time and legal action is necessary to enforce said award, then the party enforcing the award shall be entitled to its reasonable attorney’s fees and costs for such enforcement action.
- Arbitration awards shall be final and shall not be subject to appeal into a court of competent jurisdiction even if such an appeal is allowed by court rules pertaining to mandatory arbitration of legal disputes in any relevant jurisdiction.
- If any portion of this Mandatory Arbitration section is found by a court of competent jurisdiction to be unenforceable for any reason, then said portion shall be removed and the remainder of the section shall be enforceable as if the unenforceable provision was never a portion thereof.
Venue for any legal action requiring an action in court, including any legal action to enforce the Mandatory Arbitration provisions herein, shall only be proper in a State or Federal court of competent jurisdiction, physically located within the counties of Benton or Franklin, in the State of Washington. By accessing or using any Resources, You are waiving any potential objection to legal jurisdiction in such venue.
Choice of Law.
These Terms and Conditions are created under the laws of the State of Washington, and for all purposes shall be interpreted under Washington State laws governing contractual transactions between Washington State residents, without regard or application of any conflict-of laws provisions.
No Legal Notices Accepted.
The Company does not, by operating the Service or any other website, social media account or other digital presence, consent to service of legal notice of any sort whatsoever, by way of delivery through resources associated with the Service or such other website, social media account or other digital presence, including any email addresses that may be found therein. Instead, any such legal notices shall be served in the manner otherwise directed by applicable law.
If a court of competent jurisdiction finds that any portion of these Terms and Conditions to be unenforceable, or if any of these Terms and Conditions conflict with any agreements that the Company has with third-parties (such as operators of social media services to which the Company has subscribed) then said unenforceable or conflicting portion(s) shall be severed and the remaining portions shall be enforceable as if the unenforceable portion was never a part of these Terms and Conditions to begin with.