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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 wouldn’t 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 reader’s 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 attorney’s or firm’s Site, neither the Law Offices of Kevin M. Healy, Kevin M. Healy, Esq makes any warrantee whatsoever as to those professional’s qualifications, experience, or ability to assist the Browser; it is up to the Browser to verify any other professional’s 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)

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