Terms of Use

Last updated: November 22, 2017

This page includes our Disclaimer (II), Privacy Policy (III), and Additional Terms of Use (IV).

 

I. Overview

These terms of use (“Terms”), including our Disclaimer and Privacy Policy, govern your access to and use of the services, websites, and products (“Services”) provided by Atticus LLP (“Atticus”) and our affiliates. By using our Services, you agree to be bound by these Terms.

We are always happy to answer your questions or hear your comments — please do not hesitate to contact us at any time.

 

 

II. Disclaimer

This disclaimer highlights certain key aspects and limitations of our services.

1. No Attorney-Client Relationship (Yet)

No attorney-client relationship arises from your use of our services, nor does the use of our services (including submitting information about your situation online or by phone) obligate us to respond to your inquiries or provide you with any form of services or assistance. The only way an attorney-client relationship will arise is by you and Atticus mutually signing a written engagement letter. We reserve the right to decline any representation for any reason.

2. No Expectation of Confidentiality or Conflict Preclusion

If you become our client, information you provide Atticus will be considered confidential and hold special legal status. But prior to that — for example, when you contact us initially or fill out an online form — information you provide does not hold that special legal status, and we may be required by law to disclose it. As a result, we strongly recommend you do not send Atticus any confidential information until and unless we (or a lawyer we connect you with) agree to enter into an attorney-client relationship with you.

As we seek to find the right legal help for you, we may share the information you provide with other law firms, attorneys, and organizations in order to get their advice on your situation, to ascertain their willingness to represent you, or for any other reason. Moreover, information you submit — even if it is highly important and you intended it to be kept confidential — will not preclude us (or anyone else) from representing a party directly adverse to you in a matter where that information is relevant.

3. Online Content is Information, Not Advice; Do Not Rely On It

The contents of this website are provided for informational purposes only; nothing you’ll find here is legal or medical advice. The only way legal advice will be provided is by a licensed attorney communicating with you individually. We will never provide medical advice.

The information on our website — even if generated in response to user inputs — is no substitute for the advice of an attorney and should not be used as such. Our online tools are designed only to provide rough, high-level information for typical cases; your case may not be typical, and the information we provide may not apply to you. You should not act or refrain from acting on the basis of any information provided here.

Moreover, all information on our website is provided as is. Though we strive to keep all material updated and current, laws change rapidly. Atticus makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including — without limitation — implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Atticus does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on our website or on any websites we link to. We expressly disclaim all liability arising from actions taken or not taken based upon the contents of this website.

4. Several Relationship Structures Possible; Not a Lawyer Referral Service

Atticus is a law firm. We are not a certified lawyer referral service and our offering bears little resemblance to the offering of such a service. (If you would like a lawyer referral service — which will match you with a lawyer who specializes in a legal area of your choice — you can find one through the State Bar of California.)

Our core offering is advising clients on which kind of legal help to retain and connecting them with the right person or organization to provide that help. To do that, we may enter into one of several different relationships with you: (a) we may enter into an attorney-client relationship with you and serve as your sole or primary counsel; (b) we may enter into an attorney-client relationship with you and serve as co-counsel, bearing joint responsibility with one or more other attorneys or firms; (c) we may choose not enter into any kind of attorney-client relationship with you and bear no responsibility for your case. In each situation, we will strive to be clear about the structure of our relationship. We are always happy to clarify the situation or answer your questions.

5. Licensed to Practice in California; Laws Vary

Atticus is a California Limited Liability Partnership, and we warranty only that one or more lawyers on our staff is licensed to practice law in California. Our online services are designed solely for use by clients who need legal help in California for California matters. Any information provided online is specifically targeted to California clients based on local laws, and is likely to be incorrect for others.  If you’re not sure whether your situation is a California matter, just ask; we can help you figure it out.

We may refer prospective clients to other law firms located throughout the country who form relationships with Atticus, or undertake legal representation and affiliate with other legal counsel located throughout the country to provide representation. If that occurs, please be aware that the laws of each state are different and any information on this website is unlikely to apply to your case.

In particular, laws vary massively between and within states regarding Statutes of Limitations, which set deadlines for individuals to file lawsuits or claims. A typical period is two or three years, but some limitations periods last months or even days. For that reason, it’s critical to consult a lawyer as soon as possible after an accident or injury.

6. Advertising & Representations

This website is lawyer advertising. Hiring a lawyer is an important decision, and you should not base it solely on advertisements. If we provide information on prior results or testimonials regarding the quality of our service, they do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. We do not represent that the quality of the legal services to be performed by or through Atticus is greater than the quality of legal services performed by other lawyers.

 

 

III. Privacy Policy

Our clients trust us with sensitive information, and we work hard to safeguard and protect it. This Privacy Policy governs the use and collection of data across our services.

1. Collection of Personal Information

Our work centers on understanding your situation and helping you take the right steps to resolve it. In addition to information about your legal needs, Atticus may collect information about you and your use of our services, including: (a) Personally identifiable information, such as your e-mail address, name, physical address, telephone number, employment information, billing address, and credit card; (b) Anonymous demographic information, such as your Postal Code, age, gender, and preferences; (c) Information about your computer hardware and software, such as your IP address, browser type, domain names, access times, operating system, cookie information, referring website addresses, and Internet Service Provider; and (d) Information on your use of our website, such as pages visited, links clicked, text entered, and mouse movements.

Please keep in mind that if you disclose personally identifiable information or personally sensitive data through our services, this information may be collected and used by others. Atticus is not responsible for the privacy policies or content of websites other than our own.

2. Use of Personal Information

Atticus collects and uses your personal information to deliver the services you request and to evaluate what kind of legal help you need and whether to represent you on a particular matter. As part of the process for identifying and connecting you with the right legal help, we may share your personal information with other law firms and service providers. Atticus may also use your personally identifiable information to inform you of other products or services available from Atticus and its affiliates. Atticus may also contact you to participate in surveys to conduct research about your opinion of current services or of potential new services that may be offered.

We use aggregated or anonymized information for remarketing with Google Analytics, for ad targeting, to analyze trends, to administer our services, to improve customer service, to diagnose problems with our servers, to track user movement, and to gather demographic information for aggregate use. Users can opt out of some advertising features by visiting Google or the NAI consumer opt-out page. We may freely publish, disclose and use aggregated or anonymized to or with third parties.

We use personal information to facilitate your use of our services, to provide you with information, products and services you request, to administer and assist us with the operation of our business, and for the purpose for which the information was provided. In the event that we engage with third party service providers in connection with our Services, we may share personal information with such service providers who need access to such information to carry out their work for us. We do not disclose, rent, sell or otherwise make available your personal information to third parties for direct marketing purposes. If you connect with Atticus through a third party (e.g., your employer, an organization of which you are a member, or an organization from which you sought assistance), Atticus may share information about your use of our services with the third party to help them understand how people they connect with us make use of our services or to enable them to further assist you or to provide you with their products and/or services.

Atticus may disclose personal information when we are required to or we believe it is appropriate to comply with the law (e.g., a lawful subpoena, warrant or court order); to enforce or apply this privacy policy or our other policies or agreements; to initiate, render, bill, and collect for amounts owed to us; to protect our or our users’ rights, property or safety; to protect our users from fraudulent, abusive, or unlawful use of our services; or if we believe that an emergency involving the danger of death or serious physical injury to any person requires or justifies disclosure of personal information. Moreover, information about our customers, including personal information, may be disclosed as part of any transaction or sale in which personal information could be transferred to third parties as one of Atticus’s assets.

3. Use of Cookies

We use cookies and other similar technologies, such as web beacons, pixels, and mobile identifiers. We may also allow our business partners to use these tracking technologies, or engage others to track your behavior on our behalf. You may accept or decline cookies. However, we do not change our practices in response to a “Do Not Track” signal in the HTTP header from your browser or mobile application.

4. Text Messages

If you provide us with your telephone number, you consent to the transmission of text messages to that number and waive any rights you may have under the Telephone Consumer Protection Act. However, you may contact us at any time to opt out of receiving such texts.

5. Security of your Personal Information

Atticus strives to secure your personal information from unauthorized access, use or disclosure. Our services are built on platforms that incorporate the latest encryption and security devices. However, no data transmission is guaranteed to be 100% secure and we therefore cannot guarantee the security of information you transmit to or from Atticus. Accordingly, we disclaim liability for the theft, loss, or interception of, or unauthorized access or damage to, your data or communications by using the site, applications, and our services. By using our services, you acknowledge that you understand and assume these risks.

6. Children

Our services are intended for and directed to adults. No children under age 13 may use our services, and we do not knowingly collect personally identifiable information from children under 13.

7. Users Outside the United States

Our services are operated from within the United States and intended for users located domestically. If you are located outside of the U.S., please be aware that information we collect will be transferred to, processed, stored and used in the U.S. in accordance with U.S. law, and may be subject to access requests from U.S. government agencies.

 

 

IV. Terms of Service

1. Legal and Ethical Requirements

We have worked hard to comply with all legal and ethical requirements in creating our services and drafting these Terms. Please contact us immediately if you believe we have fallen short in any way, and we will attempt to remedy any problem as quickly as possible.

To the extent any jurisdiction requires Atticus to designate a principal office or attorney responsible for this website or our services more broadly, Atticus designates its office at 929 Parkman Ave, Los Angeles, CA 90017, and attorney Samuel Byker.

We do not target clients or web users outside California. However, since this web site may be visited from anywhere in the United States, out of an abundance of caution we make the following disclosures in accordance with relevant state laws:

Alabama: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

California: This is lawyer advertising.

Colorado: Colorado does not certify attorneys as specialists in any field.

Florida: The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

Iowa: The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by rule of the Supreme Court of Iowa. NOTICE TO THE PUBLIC: Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a lawyer is a specialist or expert in a field of law, nor do they mean that such a lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa.

Kentucky: THIS IS AN ADVERTISEMENT.

Mississippi: The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements.

Missouri: Neither the Supreme Court of Missouri nor the Missouri Bar reviews or approves certifying organizations or specialist designations.

Nevada: The State Bar of Nevada does not certify any lawyer as a specialist or expert.

New Jersey: ATTORNEY ADVERTISEMENT — NOT A REFERRAL SERVICE. Before making your choice of an attorney, you should give this matter careful thought. The selection of an attorney is an important decision.

New Mexico: LAWYER ADVERTISEMENT.

New York: ATTORNEY ADVERTISING. Prior results do not guarantee a similar outcome.

Oregon: THIS IS AN ADVERTISEMENT.

Pennsylvania: ATTORNEY ADVERTISEMENT – NOT A REFERRAL SERVICE. Before making your choice of an attorney, you should give this matter careful thought. The selection of an attorney is an important decision.

Tennessee: None of the attorneys in this firm are certified as a Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor’s Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Estate Planning or Elder Law specialist by the Tennessee Commission on Continuing Legal Education and Specialization. Certification as a specialist in all other listed areas is not currently available in Tennessee.

Texas: Unless otherwise stated, our attorneys claiming certification in an area of law are not certified by the Texas Board of Legal Specialization.

Wyoming: The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability, and not rely upon advertisements or self-proclaimed expertise.

2. Consent to Be Contacted

By providing your email address, mailing address, or phone numbers you agree that you may receive communications from Atticus, such as emails, text messages, or physical mail of any kind. You agree that agreements, notices, disclosures, and other communications that we provide to you via email, text message, or another electronic medium satisfy any legal requirement that such communications be in writing.

3. Acceptable Use

In general, you agree not to attempt to access any information Atticus has not intentionally made available to you; or to copy or resell any Atticus content or materials; or to hack, crawl, or scrape our website in any way.

Any time you take advantage of the ability to communicate with Atticus employees, fellow website users, or the general public through our platform, you agree not to do any of the following:

(a) Violate the law
(b) Collect information about others without their consent
(c) Inhibit the ability of other users to take advantage of our service
(d) Upload files that are protected by others’ legal rights or may damage another’s computer
(e) Advertise any service for business purposes
(f) Say anything inappropriate, defamatory, obscene, indecent, threatening, or profane
(g) Falsely represent yourself or your situation in any way

Atticus reserves the right to review and remove posted materials for any reason, and to disclose such materials as necessary pursuant to any legal proceeding or governmental request.

4. License Grant

When you post or transmit content on Atticus, you hereby grant Atticus a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such content, including throughout the world in any media. If you submit feedback or suggestions about our services, we may use your feedback or suggestions without obligation to you. If you post a review of our Service, we may post that review or share it with others — including your initials and location (e.g., “J.M., Fresno, CA”) — without obligation to you.

5. Electronic Signatures

You consent to use electronic signatures on Atticus — either through our website or via our partners — as enabled under the federal U.S. Electronic Signature in Global and National Commerce Act (ESIGN) and state Uniform Electronic Transactions Acts (UETAs). You agree that no certification authority or other third party verification is necessary to validate your electronic signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature or any resulting contract signed using electronic signature services or technology.

6. Our Copyright & Intellectual Property

Atticus retains all right, title and interest in and to its products and services, including — without limitation — software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights. All materials presented on this site, including our design, text, and graphics are copyrighted and owned by Atticus LLP, unless in the public domain or attributed to another source. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.

Except as otherwise provided in this agreement or on this website, you may not, and may not permit others to reproduce, modify, translate, enhance, decompile, disassemble, download, distribute, reverse engineer or create derivative works of any of our products and services; sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products and services; or circumvent or disable any security or technological features of our products and services.

7. Copyright Infringement & DMCA

If you believe that material on our website infringes upon a copyright which you own or control, file a DMCA Notice of Alleged Infringement with our designated copyright Agent:

Atticus LLP
Attn: DMCA Complaint
929 Parkman Ave
Los Angeles, CA 90017
Email: hello@atticus.law

8. Links to Third Party Sites

Our website may link to third party websites for your convenience. We do not endorse, sponsor, control, monitor, or warranty any such sites or associated services. You access such websites at your own risk and as governed by their terms of use (not ours).

9. Limitation of Liability

To the fullest extent permitted by law, Atticus and its affiliates makes no warranties, expressed or implied, regarding our services. We hereby disclaim and negate all other warranties, including — without limitation — implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Our website is provided as is.

To the fullest extent permitted by law, Atticus and its affiliates shall not be held liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages or any loss of use, data, business, or profits, regardless of legal theory, whether or not Atticus has been warned of the possibility of such damages or such damages were foreseeable, and even if a remedy fails of its essential purpose.

To the fullest extent permitted by law, Atticus’s aggregate liability for all claims related to our services shall not exceed $100 or the amount paid by you to Atticus for the services in question, whichever is greater.

10. Release and Indemnity

You agree to release, forever discharge, and hold harmless Atticus, our employees, and our affiliates (as well as their respective officers, employees, directors, and agents) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, and actions for any kind of injury (including death) arising out of or relating to your use or misuse of our services, on behalf of yourself and your heirs, executors, agents, representatives, and assigns. You agree that this release has been freely and voluntarily consented to and you confirm that you fully understand what this agreement means.

Atticus reserves the exclusive right to settle, compromise, and pay claims or losses resulting from your use or misuse of our services and to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses. In any event, you agree to not settle any claims without prior written consent by Atticus.

11. Termination

Atticus reserves the right, at its discretion and without notice, to terminate your license to use these services and to block or prevent your access to and use of the services. In the event of such termination, you agree that you have no right to obtain a copy of any data or communications you stored or effected via the services.

12. Mandatory Arbitration, Dispute Resolution, & Class Action Waiver

In the event of a dispute arises between you and Atticus, we mutually agree that the party initiating the dispute will inform the other in writing and then work together for 60 to resolve the dispute informally. You agree to inform us via email at hello@atticus.law; we agree to inform you via email at the address you most recently provided us, or if that’s not possible via any other contact information reasonably calculated to reach you. (If you have provided us no such contact information, we have no obligation under this paragraph.) For a period of 60 days from the date of receipt of notice, you and Atticus will engage in a dialogue in order to attempt to resolve the dispute through informal means.

If Atticus is not able to resolve a dispute with you through informal means, then we mutually agree to resolve any such dispute through binding arbitration under the auspices of JAMS Alternative Dispute Resolution (“JAMS”), and not to sue in court. JAMS will administer any such arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, and the arbitrator’s decision will be final except for a limited right of review under the Federal Arbitration Act (“FAA”). Before moving an unresolved informal dispute into arbitration, you must first send us a Notice of Dispute describing the nature and basis of the claim or dispute and the specific relief sought, via email to hello@atticus.law.

Arbitration must be commenced by filing a demand for arbitration with JAMS within one year from when it first could be filed. Otherwise, the claim is permanently barred. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

Whenever feasible, the arbitration will be held telephonically unless the arbitrator finds good cause to hold an in-person hearing instead. In-person hearings shall be held in Los Angeles County (California) or any other location as to which we may then mutually agree.

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

The enforcement of the arbitrator’s award will be controlled by and conducted in conformity with the FAA. Judgment upon any award may be entered in any court holding jurisdiction.

Notwithstanding our agreement to arbitrate disputes as provided above, the following exceptions will apply to the resolution of disputes between us:

Small Claims Court: Either you or Atticus may assert claims, if they qualify, in small claims court in Los Angeles, California. Any small claims court action must be filed within one year from when it first could be filed.

Injunctive relief: Atticus may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of our services, or any intellectual property infringement. In these instances, Atticus may seek injunctive relief without first engaging in the informal dispute resolution or arbitration process described above.

Disputes not covered by arbitration: In the event that the agreement to arbitrate provided herein is found to be inapplicable or unenforceable for any reason, then as a condition to your use of our services we agree that any resulting judicial proceedings will be brought in the federal or state courts of Los Angeles, California, and you and Atticus expressly consent to venue and personal jurisdiction in such courts.

13. Entire Agreement

These Terms constitute the entire agreement between you and Atticus with respect to the subject matter of these Terms, and supersede and replace any other agreements (including previous versions of these Terms). These Terms create no third party beneficiary rights.

14. Controlling Law

These Terms of Use and any disputes arising under them will be governed by California law (without regard to its choice of law principles).

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, such provision will be severed to the extent necessary for the remainder to be valid and enforceable.

16. Construction

Section headings within these Terms are provided for convenience only and have no legal effect.

Throughout these Terms, the word “including” shall be deemed to mean “including, without limitation.”

To the extent permitted by applicable law, you agree to waive any statutory or common law principles that dictate that a contract should be construed against its drafter.

17. Waiver

No failure or delay by Atticus in exercising any of its rights, powers, or remedies will operate as a waiver of such rights, powers, or remedies.

18. Assignment

You may not assign any of your rights under these Terms or delegate your duties under them. Atticus may assign its rights or delegate its duties, in whole or in part, to any party without notice.

19. Modification

No modification of these Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

20. Revision

Atticus may change the provisions of these Terms at any time, and any new or revised terms will immediately govern subsequent use of our services. (You can reject new or revised terms by discontinuing use of our services.) We will always post the most up-to-date version of these Terms here on our website.