Terms and Conditions
These Terms and Conditions ("Terms") govern your access to and use of the website and technology platforms provided by Bend LawGroup, PC ("we", "us", or "our"), a California professional corporation. These Terms do not govern the provision of legal services, which are exclusively governed by a separate written engagement letter as required by California Rules of ProfessionalConduct Rule 1.5. By accessing our website or technology platforms, you acknowledge that you have read, understood, and agree to be bound by theseTerms and our Privacy Policy, which is incorporated herein by reference. An attorney-client relationship will be formed only upon execution of a separate written engagement letter that specifically identifies the scope of representation, fee arrangements, and other material terms required underCalifornia Rules of Professional Conduct Rule 1.5. If you do not agree to these Terms, you shall not access or use our website or technology platforms.
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website with a revised effective date and, where required by law, by sending notice to your email address on file. Your continued use of our website or technology platforms after such notice constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of our website and technology platforms.When engaged pursuant to a separate written engagement letter, we provide legal services to clients in accordance with the California Rules of Professional Conduct and applicable laws governing the practice of law. These Terms do not constitute legal advice. Accessing our website or technology platforms does not create an attorney-client relationship. An attorney-client relationship will be formed only upon execution of a separate written engagement letter that complies with CaliforniaRules of Professional Conduct Rule 1.5, which requires written communication of the basis or rate of fees and other material terms of representation. Our services are subject to conflicts of interest review and client acceptance procedures required under California law.
Informational Use; Third-Party Content; Affiliates
The content made available through our website and technology platforms is provided for general informational purposes only and does not constitute legal advice. Such content is not a substitute for obtaining legal advice from a qualified attorney regarding your specific circumstances.You should not submit confidential or sensitive information through our website or by email unless and until an attorney-client relationship has been established through a separate written engagement letter. Our website and technology platforms may include references to or links to third-party websites, products, or services. We do not endorse and is not responsible for the content, accuracy, or practices of any third-party websites or services. We may have affiliate relationships or other material connections with certain third-party providers and may receive compensation in connection with such relationships.
Acceptable use
You agree to use our website and technology platforms solely for lawful purposes and in compliance with these Terms and all applicable laws and regulations. You acknowledge that any legal services provided pursuant to a separate engagement letter are subject to attorney-client privilege and confidentiality requirements under the California Rules of Professional Conduct.Prohibited activities include, but are not limited to:
-Illegal activity.
Illegal activity refers to any conduct that violates applicable laws, statutes, regulations, or ordinances, including but not limited to criminal offenses, fraud, or unauthorized access to systems, which may subject the perpetrator to civil or criminal penalties.
-Intellectual property infringement. Intellectual property infringement involves the unauthorized use, reproduction, distribution, or modification of copyrighted materials, trademarks, patents, or trade secrets owned by third parties, potentially leading to legal claims for damages or injunctions.
-Spamming. Spamming consists of sending unsolicited bulk messages, advertisements, or communications via electronic means, such as email or messaging platforms, which may violate anti-spam laws and result in account restrictions or legal action. We may monitor your use of technology platforms to verify compliance with these Terms only to the extent such monitoring does not involve review of privileged attorney-client communications or confidential client information protected under California Rules of Professional Conduct Rule 1.6 and Business and Professions Code section 6068(e). Any violation may result in suspension or termination of your access to technology platforms. Upon such termination, all rights granted to you under these Terms to access our website and technology platforms shall cease immediately, and you must discontinue all use of such platforms. Any withdrawal from legal representation will be governed exclusively by the engagement letter and California Rules ofProfessional Conduct Rule 1.16.
Intellectual Property
All content, trademarks, service marks, logos, and other intellectual property rights on our website and technology platforms are owned by Bend Law Group, PC or its licensors. Notwithstanding the foregoing, all work product, documents, and materials created by Bend Law Group, PC if engaged as counsel will be bound by the engagement agreement and CaliforniaRules of Professional Conduct. All rights not expressly granted herein are reserved by Bend Law Group, PC. Our website and technology platforms are provided on an"AS IS" and "AS AVAILABLE" basis. We make no representations or warranties regarding the website or technology platforms, express or implied, except as agreed in writing or as required by applicable law. However, we represent and warrant that we will comply with applicable data protection laws, including the CCPA/CPRA, in its processing of personal information collected through the website and technology platforms. Any legal services provided pursuant to a separate engagement letter will be performedwith the competence, diligence, and care expected of California attorneys in accordance with the California Rules of Professional Conduct and applicablelaws governing the practice of law, as set forth in such engagement letter.Your use of our website and technology platformsis at your own risk, subject to the limitations set forth in these Terms. Wedo limit liability for gross negligence, willful misconduct, fraud, or intentionaltorts related to the website or technology platforms. Liability forprofessional negligence, malpractice, breaches of fiduciary duty, andviolations of the California Rules of Professional Conduct in the provision oflegal services will be addressed in the separate engagement letter governingsuch services.
Termination
Termination of legal representation and the associated obligations will be governed by the separate engagement letter and CaliforniaRules of Professional Conduct Rule 1.16. Upon termination of your access to our website or technology platforms under these Terms, you must cease using such platforms.We may terminate or suspend your access to our website and technology platforms at any time, with or without cause or notice, including for the following actions or conditions:
-Violation of these Terms.
Your access may be terminated or suspended if you breach any provision of these Terms, including failure to comply with the Acceptable Use policy or any other obligations outlined herein.
-Illegal activity. Your access may be terminated or suspended if you engage in or are suspected of engaging in any illegal activity through our website or technology platforms, including but not limited to fraud, unauthorized access, or violations of applicable laws.
-Security threat. Your access may be terminated or suspended if your use of our website or technology platforms poses a security threat to Bend Law Group, PC, its systems, or other users, including but not limited to hacking attempts or malicious activity.
-Abuse of Service.
Your access may be terminated or suspended if you misuse or abuse our website or technology platforms, such as exceeding usage limits, engaging in disruptive behavior, or violating restrictions outlined in these Terms.
-Fraudulent behavior. Your access may be terminated or suspended if you engage in or are suspected of engaging in fraudulent behavior, including but not limited to providing false information, misrepresenting identity, or attempting to deceive Bend Law Group, PC or other users. Upon termination, all rights granted to you under these Terms to access our website and technology platforms shall cease immediately, and you must discontinue all use of such platforms. Bend LawGroup, PC shall not be liable for any damages resulting from proper termination or suspension of access to our website or technology platforms in accordance with these Terms, except as required by applicable law.
Force Majeure
Bend Law Group, PC shall not be liable for any failure or delay in providing access to our website or technology platforms due to circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, or internet service disruptions. This provision applies only to website and technology platform availability and does not affect any obligations related to legal representation, which are governed by the separate engagement letter.
Dispute resolution
These Terms shall be governed by and construed in accordance with the laws of the State of California.Any disputes arising out of or relating to these Terms concerning website or technology platform access (excluding disputes related to legal services, which are governed by the separate engagement letter) shall be resolved as follows:
(a) Informal Resolution: The parties agree to first attempt to resolve any dispute through good faith negotiation for a period of thirty (30) days before initiating formal proceedings.
(b) Arbitration Option: If informal resolution is unsuccessful, disputes may be resolved by binding arbitration administered by the American ArbitrationAssociation (AAA) in accordance with its Commercial Arbitration Rules, if both parties agree in writing after the dispute arises. The arbitration proceedings shall take place in San Francisco, California. Each party shall bear its own costs and attorneys' fees unless otherwise determined by the arbitrator under applicable law.
(c) Litigation: If the parties do not agree to arbitration, disputes shall be resolved exclusively in the state or federal courts located in San FranciscoCounty, California, and both parties consent to personal jurisdiction and venue in such courts.
(d) Legal Services Disputes: Disputes regarding legal fees will be subject to the California State Bar's Mandatory Fee Arbitration Act (Business andProfessions Code sections 6200-6206). Disputes regarding legal malpractice or other matters arising from legal representation will be governed by the separate engagement letter and applicable California law.
(e) Costs and Fees: In fee arbitration under the Mandatory Fee Arbitration Act, costs shall be allocated as provided by statute. In other proceedings, each party shall bear its own costs and attorneys' fees unless otherwise determined under applicable law, including California Code of CivilProcedure section 1021 and other fee-shifting statutes.
Nothing in this provision shall limit either party's right to seek equitable relief, including injunctive relief, in court for violations of intellectual property rights or confidentiality obligations.
Limitation of liability
Bend Law Group, PC’s liability arising out of or related to your use of our website and technology platforms shall be as follows:For technology platform issues unrelated to the provision of legal services (such as website downtime, data processing errors, or platform malfunctions that do not constitute professional negligence), Bend Law Group,PC's liability shall be limited to direct damages actually incurred, not to exceed the greater of (i) $5,000 or (ii) the fees paid for platform access in the twelve (12) months preceding the claim. This limitation does not apply to liability for fraud, gross negligence, willful misconduct, breaches of confidentiality, violations of professional duties, personal injury, death, or violations of statutory rights under the California Consumer Privacy Act or other applicable data protection laws.
Survival
The provisions of these Terms relating to IntellectualProperty, Limitation of Liability, and Dispute Resolution shall survive the termination or expiration of these Terms for any reason. This ensures that your obligations to respect Bend Law Group, PC’s intellectual property rights in the website and technology platforms remain in effect. Any obligations related to legal representation, including confidentiality, work product ownership, fee payment, and continuing professional duties under the California Rules ofProfessional Conduct, will be governed by the separate engagement letter.
Data Protection and Compliance
If you provide personal information through our website or technology platforms, Bend Law Group, PC will process such information in accordance with applicable California and UnitedStates data protection laws, including the California Consumer Privacy Act(CCPA) as amended by the California Privacy Rights Act (CPRA). Such processing may include the collection, use, storage, disclosure, and transfer of your personal information as further described in our Privacy Policy, which is incorporated by reference into these Terms. Under the CCPA/CPRA,California residents have specific rights regarding their personal information, including the right to know what personal information is collected, the right to delete personal information, the right to opt-out of the sale or sharing of personal information, and the right to non-discrimination for exercising these rights. For detailed information about your privacy rights and how to exercise them, please review our Privacy Policy. If you have any questions or concerns about our data protection practices, you may contact us at info@bendlawgroup.com.
These Terms constitute the entire agreement between you and BendLaw Group, PC with respect to your access to and use of our website and technology platforms and supersede all prior or contemporaneous understandings or agreements, whether oral or written, regarding such access and use.These Terms do not govern legal services, which are exclusively governed by a separate written engagement letter executed pursuant to California Rules ofProfessional Conduct Rule 1.5. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The failure of Bend Law Group, PC to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Contact information
Bend Law Group, PC
info@bendlawgroup.com