Terms of Use

TERMS OF USE POLICY

Last Updated: May 19, 2014

Welcome to the Settle Meyer Law LLLC (“Settle Meyer Law”) Website. The Terms of Use Policy (“TOU”) set forth below govern your use of the Settle Meyer Law Website.  Please read the terms in full before using our Website.

This Website (together with any successor site(s) and all Services (as defined below), the “Site”) is operated by Settle Meyer Law (“we,” “us”). Your use of the Site is governed by these TOU, regardless of how you access the Site (including through the Internet, through Wireless Access Protocol (commonly referred to as “WAP”), through a mobile network, or otherwise).

By visiting this Site, you are accepting the policies and practices described in this Notice. This Notice covers the following topics:

Please note that this TOU is subject to change without notice, and that it reflects Settle Meyer Law’s current business practices.

ACCESS TO SITE

You will be able to access our Site without having to register any details with us.

NO ATTORNEY CLIENT RELATIONSHIP

Transmission of the information in Settle Meyer Law’s Site is not intended to create, and receipt does not constitute, any attorney-client relationship.  Online readers should not rely upon the transmission of an e-mail message to Settle Meyer Law through this Site to create an attorney-client relationship.  Online readers should not act upon any information in this Site without first consulting legal counsel of their own directly.  The hiring of a lawyer is an important decision that should not be based upon advertisements.  Before selection of counsel, users should ask a prospective attorney or law firm to send free written information about their qualifications and experience.  The information on this Site is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice or to substitute for obtaining legal advice for an attorney licensed in the appropriate jurisdiction.

COPYRIGHT

All materials contained on this Site, including text, images, logos and/or other material (collectively, “Content”), and all intellectual property rights thereto, including copyrights, trademarks, service marks, trade names and trade dress, are owned by Settle Meyer Law. 

You agree not to copy, reproduce, republish, transmit, modify or distribute any of the Content contained on the Site.  These rights are valid and protected in all forms of media and technology existing now or hereafter developed. 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 content without our prior written consent is expressly forbidden. 

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 on this Site for commercial profit or gain. Nothing in these Terms of Use 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.

CLAIMS OF COPYRIGHT INFRINGEMENT

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to:

Settle Meyer Law LLLC
Attn: Managing Principal
900 Fort Street Mall
Suite 1800
Honolulu, Hawaii 96813
E: info@settlemeyerlaw.com

We suggest that you consult your legal advisor before filing a notice or counter-notice.

LIMITATION OF LIABILITY   

Settle Meyer Law makes every effort to ensure that information regarding the legal rights contained on this Site is accurate and up to date. However, laws and legal procedures are subject to frequent change and differing interpretations. Settle Meyer Law cannot ensure the information on this Site is current nor be responsible for any use to which it is put. Do not rely solely on this information without consulting an attorney or the appropriate agency about your rights in your particular situation.
Settle Meyer Law makes no claims, promises, or guarantees about the absolute accuracy, completeness, or adequacy of the contents of this Site and expressly disclaims liability for errors and omissions in the contents of this Site. We do not represent that the content will be error-free, timely, free of viruses or other harmful elements, or that defects will be corrected.  No warranty of any kind, implied, expressed, or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose, and freedom from computer virus, is given with respect to the contents of this Site or its hyperlinks to other Internet resources. Reference in this Site to any specific commercial products, processes, or services, or the use of any trade, firm, or corporation name is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring by Settle Meyer Law, or its employees or agents. Any content errors or omissions on this Site should be reported to info@settlemeyerlaw.com.

LINKS TO OTHER WEBSITES

This Site may include links to other Internet sites that are beyond the control of Settle Meyer Law.  Settle Meyer Law is not responsible for the content of any such sites, makes no representations regarding any such sites, cannot guarantee their practices regarding data privacy, and does not necessarily endorse or approve of the information, material, products or services contained on or accessible through any such sites.  You acknowledge and agree that your linking to other sites, your use of such sites, and your use of any information, material, products and services offered by such sites, are solely at your own risk.

PERSONAL INFORMATION AND CHOICE

Personal information” is information about a natural person that identifies or describes an individual, including, but not limited to, his or her name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history, readily identifiable to that specific individual. A domain name or Internet Protocol address is not considered personal information, however, it is considered electronically collected personal information (defined below).

According to Government Code S11015.5., “electronically collected personal information” means any information that is maintained by an agency that identifies or describes an individual user, including, but not limited to, his or her name, social security number, physical description, home address, home telephone number, education, financial matters, medical or employment history, password, electronic mail address, and information that reveals any network location or identity, but excludes any information manually submitted to an agency by a user, whether electronically or in written form, and information on or relating to individuals who are users, serving in a business capacity, including, but not limited to, business owners, officers, or principals of that business.

Electronically collected personal information  that we automatically collect includes your domain name or Internet Protocol address, and statistical information about which web pages you visit. If you voluntarily participate in an activity that asks for specific information (i.e., completing a form, personalizing the content of the website, sending an email, or participating in a survey) more detailed data will be collected. If you choose not to participate in these activities, your choice will in no way affect your ability to use any other feature of the website.

If any type of personal information is requested on the Site or volunteered by the user, State law, including the Information Practices Act of 1977, Government Code Section 11015.5., and the federal Privacy Act of 1974 may protect it. However, this information may be a public record once you provide it, and may be subject to public inspection and copying if not otherwise protected by federal or State law.
Under Government Code S11015.5., if you choose, you may have any personal information collected about you discarded without reuse or distribution, provided we are contacted in a timely fashion.

A SPECIAL NOTE ABOUT CHILDREN

Children are not eligible to use services that require submission of personal information, and we require that minors (under the age of 18) do not submit any personal information to us. This includes submitting personal information to Settle Meyer Law in email or on a form. If you are a minor, you can use these services only if used together with your parents or guardians. If you are a minor, you should seek guidance from your parents.

INDEMNITY

You agree to defend, indemnify and hold us harmless from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a) your use of, or activities in connection with, the Site or (b) any violation of this TOU by you.

TERMINATION

This TOU is effective until terminated. We may, at any time and for any reason, terminate your access to or use of the Site. If we terminate your access to the Site, you will not have the right to bring claims against us with respect to such termination. We shall not be liable for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination. We may take steps that we believe are appropriate to enforce or verify compliance with any part of this TOU (including our right to cooperate with any legal process relating to your use of the Site).

GOVERNING LAW

This TOU is governed by and shall be construed in accordance with the laws of the State of Hawaii, U.S.A., without regard to its principles of conflicts of law. We do not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

ARBITRATION

THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. All disputes arising under or relating to this TOU shall be settled by resolved by binding arbitration before a single arbitrator or Dispute Prevention & Resolution, pursuant to its commercial rules of mediation and arbitration in Honolulu, Hawaii. To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in the county of Honolulu in the State of Hawaii. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall be final and binding. The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing herein shall preclude us from seeking any injunctive relief in U.S. state or federal courts for protection of rights (including the rights of its licensors), and you agree to exclusive jurisdiction of the state and federal courts located in the county of Honolulu in the State of Hawaii, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

CONTACT US

If you have any questions regarding the meaning of application of this TOU, please direct such questions to info@settlemeyerlaw.com. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.

MISCELLANEOUS

This TOU does not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. If any provision of this TOU is found to be unenforceable, that provision will not affect the validity and enforceability of any other provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this TOU without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. This TOU hereby incorporates by this reference any additional terms that we post on the Site (including, without limitation, our Privacy Policy) and, except as otherwise expressly stated herein, this TOU is the entire TOU between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made via posting to the Site, by e-mail or by regular mail, in our discretion. We may also provide notice of changes to this TOU or other matters by displaying such notices or by providing links to such notices. You agree that a printed version of this TOU and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.