Disclaimers / Terms and Conditions
(better know as the "Fine Print Page")
Terms and Conditions: By using this Site and continuing to use this Site,
you are agreeing to the terms and conditions set forth herein, and that you have read this
entire page. If you are not willing to so agree, then you must leave this Site.
Relationship: Your use and browsing of the Site is made at your risk. No attorney
client relationship is formed unless such relationship is expressly agreed to in
writing between the Attorney and the Client. Therefore, if in doubt, then an
attorney-client relationship has not as yet been formed.
Electronic or e-mail communications: As most people know, communications
between attorneys and their clients are mostly confidential, to a similar degree as if
this person talked with his or her minister or doctor. However, those rules of
confidentiality were written long before the Internet and e-mail. These laws were written
when one actually had to open a physical envelope or when people generally could meet in a
completely private room. This is obviously not the case anymore in our fast-paced lives of
cellular calls, faxes, e-mails and pagers. As such, this is all a developing area of the
law. Further, the law has not caught up with these very popular methods of communications.
If you use e-mail to communicate with a lawyer, you must know and understand
that such messages and communications could be intercepted by third persons who are
totally unrelated to the lawyer or his firm or his computer company (ISP). Likewise, the
sender could accidently misaddress electronic correspondence (like sending a fax to the
wrong number) and it could be read by others. While this inappropriate interception is
certainly not the norm, it is a possibility that must be considered by the sender. Neither
the Law Offices of Kevin M. Healy nor Kevin M. Healy, Esq. would have any control over
those persons, and it is possible that such communications which you thought were
confidential could be disclosed either directly or after court process.
By placing this caveat (informing the reader of this possibility), this does not
in any way waive any privilege which you might have in communicating with the Law Offices
of Kevin M. Healy or Kevin M. Healy, Esq., and it is not to be taken by any third person
or entity as agreeing to any waiver of confidentiality; it just let the reader know that
the possibility is out there.
Many clients of the Law Offices of Kevin M. Healy and Kevin M. Healy, Esq. have
conducted much of their legal affairs over the Internet. There are more secure methods to
transfer information, to include encryption. If this is a concern of yours, discuss this
matter with an attorney before sending any confidential information. If, however, an
individual does choose to send any confidential matters over the Internet, he or she
assumes all responsibility for interception and possible unwanted disclosure.
Hazards of Electronic Information: This Site may contain legal information,
references, news, synopses of cases, and the like. You may also receive a reference to
other sites containing this type of information. A sad reality of this information age is
that information can change very quickly. A reader should treat legal information much as
they would medical information; you wouldnt diagnoses yourself regarding a medical
condition just based on a website and you would talk to the doctor first.
The reader should make no decision of legal consequence to him or her
solely based on information which he or she finds on this Site or any referred site. Cases
change and can be overturned by higher courts or new legislation. You may have even found
governmental websites quoting law that has been superseded for years. News accounts may be
inaccurate or misleading, and be totally inapplicable to the readers situation. The
reader may think that his or her case is exactly like one seen on the Internet, but truly
it is not. Therefore, be very careful in your browsing and develop a relationship with your
engaged professional before making any consequential decisions.
Page Content / Limit of Liability: While every effort has been made to check the
quality and content of this Site and to avoid third persons form placing unauthorized
content herein, there can be no guarantee that such might inadvertently occur. If such was
to occur, the Law Offices of Kevin M. Healy, and Kevin M. Healy, Esq. shall not be
responsible for any such error or unauthorized addition, posting or forward. Likewise, if
a link shall be disconnected, re-directed, or lead you to some "content" which
you find offensive or inappropriate, the Law Offices of Kevin M. Healy, and Kevin M.
Healy, Esq. shall not be responsible for any such problem or your reaction thereto. If you
are dissatisfied with any of the materials contained in the Site, with any links reached
through this Site, or with any of these Terms and Conditions, then your sole and exclusive
remedy is Stop accessing the Site. To the fullest extent permissible pursuant to
applicable state and federal law, neither the Law Offices of Kevin M. Healy, Kevin M.
Healy, Esq., nor any other party involved in creating, producing, or delivering the Site
is liable for any direct, incidental, consequential, indirect, or punitive damages arising
out of your access to, or use of, the Site. Without limiting the foregoing, everything on
the Site is provided to you "as is" without warranty of any kind, either
expressed or implied, including, but not limited to, the implied warranties or
merchantability, fitness for a particular purpose, or non-infringement. The Law Offices of
Kevin M. Healy and Kevin M. Healy, Esq. also assumes no responsibility, and shall not be
liable for any damages to, or viruses that may infect, your computer equipment or other
property on account of your access to, use of, or browsing in or through the Site
(including any Bulletin Board) or your downloading of any Materials from or through the
Site.
Copyright: All the material contained on this Site is considered copyrighted as of the
date of posting, and is not to be copied, reprinted, reproduced, or republished without
the express written or electronic permission of the Law Offices of Kevin M. Healy. If you
wish such permission, you may send your request, with disclosure of the intended purpose,
in an e-mail to: officemanager@healy-law.com
Lawful Use: This website is only to be accessed for the lawful use of the browser. You
are to discontinue the use of this Site if such access is considered unlawful by your
jurisdiction.
Warrantee: To the fullest extent permissible pursuant to applicable state and federal
law, neither the Law Offices of Kevin M. Healy, Kevin M. Healy, Esq., nor any other party
involved in creating, producing, or delivering the Site is liable for any direct,
incidental, consequential, indirect, or punitive damages arising out of your access to, or
use of, the Site. Without limiting the foregoing, everything on the Site is provided to
you "as is" without warranty of any kind, either expressed or implied,
including, but not limited to, the implied warranties or merchantability, fitness for a
particular purpose, or non-infringement.
Venue: All persons accessing this Site agree that it is to be regulated under
California law, and that venue and jurisdiction for any potential action under this
agreement or for any use of the Site shall be at Sacramento, California. All persons
accessing this Site from any state where such a Site is not allowed shall immediately
leave the Site. This Site is located in Sacramento, California and all users of the Site
are deemed to be and agree they are "in" Sacramento when accessing the Site. By
continuing to use this Site, the Browser is actively consenting to the jurisdiction and
venue of Sacramento, California as a contractual matter.
Warrantee of Service or Website: This Site is informational in nature only and no
warrantee is made or created by reason of the Browser accessing this Site. While the
attorney(s) referenced herein are licensed in the states or jurisdictions where noted, no
further representation (such as specialization, exclusion, or special ability to perform
services) is made unless expressly noted herein. If the Browser is referred to any other
attorneys or firms Site, neither the Law Offices of Kevin M. Healy, Kevin M.
Healy, Esq makes any warrantee whatsoever as to those professionals qualifications,
experience, or ability to assist the Browser; it is up to the Browser to verify any other
professionals qualifications to his/her satisfaction. It is a very important
decision to hire a lawyer, and it should not be made solely upon reviewing advertising,
whether it be this Site or any other.
Professional memberships (to include but not be limited to local bar
memberships) shall not be considered an endorsement by any such group or
organization, nor shall they be deemed to specially qualify an attorney as an expert or
specialist unless otherwise expressly noted. Likewise, licencing by any governmental
agency or board shall not be considered an endorsement by any such body, nor shall it be
deemed to specially qualify an attorney as an expert or specialist unless otherwise
expressly noted.
All fees are negotiable contracts as a matter of law, with limited exceptions.
You should always discuss the fee arrangement and execute an agreement before undertaking
the representation by any attorney.
(Updated 10/24/2000)
[