Terms & Conditions.

 

 

TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE AND THE PRIVACY POLICY CAREFULLY BEFORE USING OR SUBMITTING INFORMATION TO THE SITE. BY USING THE SITE, YOU INDICATE THAT YOU ACCEPT THESE TERMS OF USE AND THE PRIVACY POLICY. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE AND THE PRIVACY POLICY, DO NOT USE THE SITE.

TERMS AND CONDITIONS OF USE

The Law Firm of Ivan P Cohen (“Ivan Paul Cohen” “Ivan P Cohen” “Ivan Cohen” “we” or “our”) as a convenience to you, grants you access to its website, accessible via www.ivanpcohen.com (the “Site”), conditioned on your acceptance of the terms and conditions contained herein (these “Terms and Conditions of Use”). For the purposes of these Terms of Use, “Content” means, collectively, any content, including, without limitation any text, software, source code, applications, specifications, images, audio files, articles, and other information or content available through the Site.

You agree that Ivan Cohen may revise these Terms of Use and the Privacy Policy at any time and from time to time, with or without notice to you. When you access, use or browse the Site, you accept, without limitation or qualification, the then current version of these Terms of Use and the Privacy Policy. These Terms of Use are effective as of September 1, 2019.

The Law Firm of Ivan P Cohen services an online digital lawyer telephone service, through which Ivan Cohen offers information and interacts telephonically with individuals, business' and corporations. He provides the platform for direct, confidential discussion of your legal issues with a lawyer. The fees you pay to the Law Offices of Ivan P Cohen for legal services are charged by Ivan Cohen. Any attorney-client relationship formed as a result of such discussions is between you and the lawyer. 

TERMS OF ENGAGEMENT

Scope of Legal Advice: 
At the commencement of the telephone consultation the lawyer will explain the parameters of the legal advice and provide any additional information that helps clarify the scope of the "attorney-client" relationship

Need for Additional Time: 
If you need additional time to complete the legal advice, beyond the first session or need to hire the Law Firm of Ivan P Cohen to provide legal services, you can make arrangements directly with the lawyer

Attorney-Client Relationship: 
The attorney-client relationship is established when your telephone consultation commences and everything you discuss with the lawyer is confidential and protected by the attorney-client privilege 

Money-Back Guarantee:
If the lawyer is unable to assist you with legal advice, or there is a conflict of interest, we will notify you immediately and refund the charge to your debit/credit card

GENERAL 

This Site is intended to provide information (not legal advice) about our firm, its lawyers and new legal developments. Visitors to the Site should not act upon any information provided on the Site without consulting with legal counsel. Transmission and receipt of information through the Site are not confidential communications and are not intended to create an attorney-client relationship. We have the right to use and disclose any information submitted to us. Therefore, do not disclose any information that you wish to keep private unless you have been authorized to do so by one of our attorneys or you have a pre-existing written attorney-client relationship with us.

LEGAL ADVERTISEMENT

This Site is intended to be advertising. The Law Firm of Ivan P Cohen does not seek to represent any person based upon that person’s viewing of the Site in a jurisdiction where the Site fails to comply with all laws and ethical rules of such jurisdiction.

Legal Disclaimer
The information presented on this Site was prepared by Ivan Cohen for general informational purposes only and should not to be construed as formal legal advice. It may not reflect current legal developments and is general in nature. 

Any results set forth here were dependent on the facts of that case and the results will differ from case to case. For more specific, comprehensive and up-to-date information, or for help with particular factual situations, you should seek the opinion of legal counsel licensed in your state. Internet subscribers and online readers should not act upon this information without seeking the advice of local professional counsel and should not be relied upon, or used as a substitute for professional legal advice from an attorney you retain to advise or represent you.

Transmission of this article is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Ivan Cohen assumes no liability or responsibility for any errors or omissions in the content of this Site. He is not responsible for any third-party content that may be accessed through or linked to this Site.

All uses of the contents of this Site, other than personal uses, are prohibited. You may print or email a copy of any information posted on this Site for your own personal, non-commercial, use, but you may not publish any of the articles or posts on this web site without the Express Written Consent of Ivan Cohen. 

Principal Office; Responsible Attorney
To the extent the State Bar Rules in your jurisdiction require us to designate a principal office and/or a single attorney responsible for this Site, this firm designates its office in Newport Beach, California, USA as its principal office and Ivan Cohen as the attorney responsible for this web site. 

No Attorney-Client Relationship
Ivan Cohen has a policy of entering into attorney-client relationships with his clients only in accordance with certain procedures which include executing an engagement letter and addressing professional responsibility conflicts as required by the State Bar of California. You agree that your access of this Site, your receipt of information from this Site, or your transmission of electronic mail via this Site, does not create an attorney-client relationship between you and Ivan Cohen.

E-Mail Sent and Received
Ivan Cohen is pleased to communicate with you by email. However, if you communicate with us through this Site, or otherwise in connection with a matter for which we do not already represent you, your communication may not be treated as privileged or confidential. If you communicate with us by email in connection with a matter for which we already represent you, please remember that Internet E-Mail may not be secure and you should avoid sending sensitive or confidential Internet email messages unless they are adequately encrypted.

DISCLAIMER 

THIS SITE, INCLUDING CONTENT, MATERIALS AND OTHER INFORMATION MADE AVAILABLE VIA THE SITE, INCLUDING EXTERNAL LINKS, ARE PROVIDED ON AN "AS IS," “WHERE IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS BASIS,” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IPC SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

IVAN COHEN DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, INFORMATION OR ANY OTHER MATERIALS OR FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHERMORE, IVAN COHEN DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, OR RELIABILITY OF ANY INFORMATION MADE AVAILABLE ON THE SITE. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO IPC THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL IVAN COHEN OR ANY OF ITS PARTNERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSOR'S, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FORM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), OR ANY DAMAGES WHATSOEVER, EVEN IF IVAN COHEN HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF THE USE, INABILITY TO USE OR RESULTING FROM THE USE OF THE SITE OR ANY EXTERNAL SITES. IN NO EVENT WILL IVAN COHEN HIS SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY ACTION OR ANY NON-ACTION TAKEN BY YOU IN RELIANCE UPON INFORMATION PROVIDED BY OR THROUGH THE SITE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL IVAN COHEN’S LIABILITY FOR DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE EXCEED TEN DOLLARS.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Ivan Cohen, his partners, officers, directors, employees, agents and licensor's from and against any and all claims, actions, losses, damages, liabilities, expenses, costs, or demands, including, but not limited to, reasonable legal fees and expenses, for all damages directly or indirectly resulting or allegedly resulting from (i) your use, misuse, or inability to use the Site, (ii) your breach of any of these Terms and Conditions of Use, (iii) the use of any content or data submitted by you that infringes the patent, copyright, trademark, trade secret or other intellectual property or other rights of any third party, (iv) any inaccurate or incomplete date or any virus, worms, spyware, back door, Trojan horse or other malicious code transmitted by you, and (v) any violation of applicable laws, rules or regulations by you. Ivan Cohen shall promptly notify you in writing of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. If Ivan Cohen does not hear from you promptly, he reserves the right to defend such claim or suit and seek full recompense from you. Without limitation of the foregoing, you may not settle, compromise, or dispose of any claim in any other manner without our express written consent. 

COPYRIGHT AND TRADEMARK NOTICES

The articles on this Site may be copied for personal, non-commercial use, so long as all of the following conditions are met:

(a) The documents may be used solely for personal, non-commercial, and informational purposes;

(b) The documents are not be modified; 

If you have any questions concerning Ivan Cohen, or this Site, please contact: ipc4law@gmail.com. 

COPYRIGHTS 

The Content and the Site, including the selection and arrangements thereof, are copyrighted as a collective work under the United States and other copyright laws and are the sole property of Ivan Cohen and/or its licensors and are protected by patent, trademark, copyright and other intellectual property laws and may not be used except in accordance with these Terms and Conditions of Use or with Ivan Cohen’s express written consent. Other than as necessary for your use of the Site in accordance with these Terms and Conditions of Use, Ivan Cohen grants no other privileges or rights in the Content to you, and you must keep intact all patent, trademark, copyright and other proprietary notices on the Content. Any Content owned by Ivan Cohen’s licensors may be subject to additional restrictions. All rights are expressly reserved to Ivan Cohen and its licensors.

TRADEMARKS

All trademarks, service marks, trade names and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Site are proprietary to Ivan Cohen or other respective owners that have granted Ivan Cohen the right and license to use such Marks. You may not display or reproduce the Marks other than with the prior written consent of Ivan Cohen and you may not remove or otherwise modify any trademark notices from any Content.

NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENTS

Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or any other intellectual property right. It is our policy to respond appropriately to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity. If you are an owner of intellectual property who believes that your intellectual property has been improperly posted or distributed via this Site, please notify us immediately at ipc4law@gmail.com. DMCA notices must be in writing and must include all of the following information:

  • a physical or electronic signature of the person authorized to act on behalf of the      owner of an exclusive copyright that is allegedly infringed;

  • a description of the copyrighted work that you claim has been infringed;

  • a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address and all other information

  • reasonably sufficient to permit Ivan Cohen to contact you;

  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

LICENSE AND RESTRICTIONS

Subject to the terms herein, you are hereby granted a limited, non-transferable, non-exclusive right to access and make personal use of the Site and the Content. This limited license does not include any commercial use or resale use of the Content or any plagiaristic use of the Site or the Content. You may not (i) modify, copy, duplicate, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, license, transfer, sell or otherwise exploit for any commercial purpose all or any portion of the Site or the Content, except as expressly permitted by these Terms and Conditions of Use or as specified in writing by Ivan Cohen; (ii) access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way; (iii) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content transmitted to or via the Site; (iv) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any business being conducted on the Site; or (v) attempt to reverse engineer, decompile or disassemble any of the technology used in making the Site available.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from different areas of the Site solely for your own noncommercial use. Any other use of materials on this Site, including, but not limited to, the modification, reproduction, distribution, republication, display or transmission of any Content, without prior written permission of IPC is strictly prohibited.

THIRD PARTY LINKS

Portions of this website may contain links to other resources on the Internet. Those links are provided merely to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that Ivan Cohen sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. Ivan Cohen is not responsible for the privacy practices or the content of such web sites.

PRIVACY POLICY

Ivan Cohen has created this privacy statement to demonstrate the office's commitment to privacy. The following discloses our information gathering and dissemination practices. We may use your IP address to help diagnose problems with the server, and to administer the web site. Your IP address may also be used to gather broad demographic information, and to generate user statistics. You may choose to fill out the Contact Us form, or to send us an email, in which you supply us with your name, address, phone number, email and company name. This information is used to respond to your questions and comments about our services, and this Site. If you provide us with your E-Mail address, we may send you periodic updates via e-mail. We will not share your email address with any third party. This Site also provides users the opportunity to opt-out of receiving email from us at any time. You may also choose to update your email subscription information at any time. To do so, simply follow the simple instructions contained in any email sent from our site. By using this Site, you agree to waive and release Ivan Cohen from any claim or liability in connection with the collection, use, or disclosure of information consistent with the Privacy Policy.

PERSONALLY IDENTIFIABLE INFORMATION

This Site is designed so that you may generally browse it without providing any Personally Identifiable Information (information that would allow someone to identify or contact you). Our contact pages, however, may require or allow the voluntarily submission of Personally Identifiable Information. Ivan Cohen will use your Personally Identifiable Information only for the purposes for which it was submitted by you to us and for us to send you publications and invitations that may be of interest to you. Except as otherwise set forth in this paragraph, Ivan Cohen does not share Your Personally Identifiable Information with third parties.

COMMENTS

Ivan Cohen does not accept or consider unsolicited suggestions and materials, including any ideas, comments, feedback, suggestions, or the like (collectively, “Comments”). Please do not submit any Comments to Ivan Cohen by electronic mail, “contact us” forms or otherwise. Notwithstanding the foregoing and except as otherwise provided under the Privacy Policy concerning personally identifying information, if you submit Comments to Ivan Cohen, such Comments will be treated as non-confidential and non-proprietary. Furthermore, any disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality and any other legal theory. You agree, at our cost, to execute any documents to effect, record or perfect such assignment. Thus, we will own exclusively all such right, title and interest in, and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.

APPLICABLE LAWS

Your use of this Site shall be governed in all respects by the laws of the State of California, without regard to, choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site shall be in the state or federal courts located in Orange County, California. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises. Ivan Cohen’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. Ivan Cohen may assign its rights and duties under these Terms and Conditions of Use to any party at any time without notice to you. If Ivan Cohen is the prevailing party with respect to any claim, controversy or dispute arising under or with respect to these Terms and Conditions of Use, Ivan Cohen will be entitled to recover any and all of its attorneys’ fees, costs and expenses incurred in connection with such claim, controversy or dispute.

GENERAL

Ivan Cohen may revise these Terms and Conditions of Use at any time by updating this posting. You should visit this page from time to time to review the then-current Terms and Conditions of Use because they are binding on you. Certain provisions may be superseded by expressly designated legal notices or terms located on particular pages at this Site. If any provision is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms and Conditions of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ivan Cohen as a result of these Terms and Conditions of Use, our Privacy Policy or any use of the Site. Ivan Cohen’s performance of these Terms and Conditions of Use is subject to existing laws and legal process, and nothing contained in these Terms and Conditions of Use or our Privacy Policy is in derogation of Ivan Cohen’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Ivan Cohen with respect to such use. These Terms and Conditions of Use and our Privacy Policy constitute the entire agreement between you and Ivan Cohen with respect to the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Ivan Cohen with respect to the Site. We may provide notice to you here-under by posting announcements to the Site.

NOTICES 

Unless explicitly stated otherwise in the Site, you must provide all notices or complaints to Ivan Cohen via email at ipc4law@gmail.com.