Welcome to En Banc, the Los Angeles County Bar Association’s blog. Please review these terms of use, which constitute a binding agreement that conditions your use of this blog site.
The terms of service below
1. General Disclaimer. The Association assumes no responsibility for any postings or their content. We do not vouch for the accuracy, completeness, or usefulness of any post, comment, article, or message. While the information on this blog site is about legal issues, it is not legal advice. The Association makes no guarantee concerning the accuracy or reliability of the content at this blog site or at other sites to which we link. You expressly agree that use of this blog site is at your sole risk. This blog site is available without warranties of any kind, whether express or implied. Neither we nor any other person or entity providing content via this blog site shall be liable to you for any direct, indirect, incidental, special, or consequential damages. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, malware, spyware, or other destructive materials to this blog site, we do not guarantee that this blog site or materials that may be downloaded from this blog site do not contain such destructive materials. We are not liable for any damages attributable to such materials.
No attorney-client relationship is created by any interaction on this blog site.
2. Objectionable Content. Anyone who feels that a posted message is objectionable is encouraged to contact the Los Angeles County Bar Association. We may remove objectionable messages within a reasonable time if we determine that removal is necessary. You agree that the Webmaster, administrator, and moderators of this blog site have the right to remove, edit, move, or close any content at any time for any reason. You acknowledge that all posts made to this blog site express the views and opinions of the authors and not the Los Angeles County Bar Association, administrators, moderators, Webmaster, or any entity associated with these entities, and therefore we will not be held liable for any such posts.
You agree not to post any abusive, obscene, vulgar, slanderous, defamatory, knowingly false, inaccurate, hateful, threatening, harassing, or any other material that may violate any applicable laws. You agree not to post any content that is invasive of a person’s privacy. Doing so may lead to you being immediately and permanently banned, among other consequences. We reserve the right to reveal your identity in the event of a complaint or legal action arising from any message you post. The IP address of all posts is recorded to aid in enforcing these conditions. We reserve the right to use cookies and other technologies to identify users and prevent spam. As a user you agree to the storage of any information you enter on this blog site in a database. We reserve the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of this blog site immediately and without notice, and remove and discard anything you have posted, for any reason, including the belief that you have acted inconsistently with the letter or spirit of the terms of this agreement. Further, you agree that the Association shall not be liable to you or any third party for any termination of your access.
If you post or comment on this blog site or otherwise make content available on this site, you warrant that:
• The downloading, copying, and use of the content will not infringe the rights, including but not limited to the copyright, patent, trademark, or trade secret rights, of any third party.
• If your employer has rights to intellectual property you create, you have received permission from your employer to post or make available the content.
• You have fully complied with any third party licenses relating to the content.
• The content does not contain or install any viruses, worms, malware, or other harmful or destructive materials.
• The content is not spam and does not contain unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts or mislead recipients as to the source of the material.
• The content is not obscene, libelous, defamatory, or hateful and does not violate the privacy or publicity rights of any third party.
• You have, in the case of content that includes computer code, accurately categorized or described the type, nature, uses, and effects of the materials.
3. This blog is not for commercial use. You agree not to post any advertisements or solicitations of business. Commercial use or reuse of any content on this blog is strictly prohibited. You may not display this blog site elsewhere on the Web without our express written permission, which may be requested by contacting us at the address listed under part 5 below. We may provide links on this blog site as a convenience to users, but this does not mean that we endorse or make representations or warranties regarding any of the sites, the content of the sites, or the product and services offered through these sites, that we provide links to.
4. Advertising. This blog may contain third party advertising and/or advertising for the Association. By using this blog site, you agree that the Association has the right to place advertisements with or without prior notice and without recompense to you or any other user. The type and extent of advertising on this blog site is subject to the Association’s discretion. Your dealings with any advertiser found on this blog site (including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings) are solely between you and the advertiser. You agree that the Association shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings or as the result of the presence of advertisers on this blog site.
5. Copyright. This blog and its contents (including but not limited to text, photographs, graphics, video, and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All content and other elements in this blog site are also copyrighted works, and we (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) reserve our rights.
By posting or submitting content on or to this blog site you are giving us the right to display, publish, store, and distribute the content.
The Association is committed to complying with U.S. copyright and related laws and requires its users to comply with these laws. Accordingly, you may not place or disseminate any content on this blog site in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law.
Owners of copyrighted works who believe that their rights have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (DMCA) to report alleged infringements. If you believe your copyright material is being used on this blog site without permission, please send notice to:
Attn: General Counsel
Los Angeles County Bar Association
261 South Figueroa Street, Suite 300
Los Angeles, CA 90012
Your notice of alleged copyright infringement should include:
• A description of the copyrighted work or other intellectual property that you claim has been infringed,
• A description of where the material that you claim is infringing is located on the site,
• An address, a telephone number, and an e-mail address where we can contact you and, if different, an e-mail address where the alleged infringing party can contact you,
• A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law,
• A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf, and
• Your signature.
If a notice of alleged copyright infringement has been filed against you, you can file a counter notice with the Association’s designated agent at the above address. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act. It may be difficult to determine if your intellectual property rights have been violated, in which case we may request additional information before we remove or restore any infringing material, and we ask your cooperation in responding promptly.
Under the DMCA anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to the Association, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.
In accordance with the DMCA and other applicable laws, we may close your account at any time with or without notice if, in our good faith estimation, you have infringed the copyright of another.
6. Indemnification. You remain solely liable and responsible for the content of your messages. You agree to indemnify and hold harmless the Association and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorney’s fees resulting from any violation by you of this agreement. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification. In this event, you agree to provide us with the cooperation that we reasonably request.
7. Confidentiality. Any information that you disclose on this blog site or in another post becomes public information, and the Association has no liability for its disclosure to or in reliance upon by any parties or users. Users should exercise caution when deciding to disclose personal information about themselves or others. Attorney users are also cautioned that in discussing client matters they should avoid using identifying information, data, or facts that can lead to either the identification of a client or matter. Client information disclosed on this blog site may also lose its privileged nature and could constitute an unauthorized disclosure of confidential client information.
8. Modification. You agree that we may modify the terms of this agreement or discontinue this blog at our discretion, without advance notice, and that your right to access this blog site is conditioned on an ongoing basis with your compliance with the then-current version of this agreement. This agreement constitutes the entire agreement between the Association and you. In the event of any dispute arising out of or relating to this blog site, you agree that the exclusive venue for litigating disputes shall be in state or federal court in Los Angeles, California.