CAP STATEMENT

CAP/Court Appearance Professionals/appearanywhere.com is a website owned and operated by Court Appearance Professionals, Inc.

By accessing and using our website the User understands that we do not offer legal advice.

User agrees to give us the authority to represent user based on the materials provided by the User. User agrees that we will not be obligated to provide services to user unless or until the request for services has been acknowledged by us.

User agrees that we may file or cause to be filed representative documents and if there is a conflict of interest, user waives any such conflict to insure that representation occurs. User agrees that should there be a conflict of interest we can discontinue any efforts on behalf of the User, but should be allowed to continue to represent any existing clients where the conflict has arisen.

LICENSE TO USE WEBSITE

Unless otherwise stated, CAP/Court Appearance Professionals/appearanywhere.com own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. No claim is made by us to any material input into the website by a User.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set our below and elsewhere in these terms and conditions.

You must not:

  • Republish material from this website (including republication on another website);
  • Sell, rent or sub-license material from the website;
  • Show any material from the website in public;
  • Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • Edit or otherwise modify any material on the website; or
  • Redistribute material from this website (except for content specifically and expressly made available for redistribution).

ACCEPTABLE USE

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

In creating a User account using our login page, personal information required in registration and provided by the User must be accurate and complete. Use’s account name and password and the confidentiality thereof are entirely the responsibility of the User.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without our express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without our express written consent.

Use agrees not to submit content to us that contains information that they know to be misleading, false, an infringement of existing intellectual property, or that violates any statue, regulation, cod, or law.

RESTRICTED ACCESS
Access to certain areas of this website is restricted. We reserve the right to restrict access to areas of this website, or indeed this entire website, at our discretion.

If we provide you with a User ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the User ID and password are kept confidential.

We may disable your User ID and password in our sole discretion without notice or explanation.

USER CONTENT
In these terms and conditions, “your User content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

Your User content must not be illegal or unlawful, most not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

We reserve the right to edit or remove any material submitted to this website, or stored on our servers, or hosted or published upon this websites.

NO WARRANTIES

This website is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, we do not warrant that:

  • This website will be constantly available, or available at all; or
  • The information on this website is complete, true, accurate or non-misleading. Nothing on this website constitutes, or is meant to constitute, advice of any kind.

USER OBLIGATION

User is solely responsible for the completeness of disclosure of any and all information, personal or otherwise and warrants the completeness of the submitted information.

LIMITATIONS OF LIABILITY
We will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the rendition of services contents of, or use of, or otherwise in connection with, this website:
for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if we have been expressly advised of the potential loss.

EXCEPTIONS
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit our liability in respect of any:

  • Matter which would be illegal or unlawful for us to exclude or limit, or to attempt to purport to exclude or limit, its liability

REASONABLENESS

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

OTHER PARTIES

You accept that, as a corporate entity, we have an interest in limiting the personal liability of our officers and employees. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with our services and/or use of the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect us, our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.

UNENFORCEABLE PROVISIONS

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

INDEMNITY

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on our acts incurred or suffered by us arising out of a breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

VARIATION

We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

DISCHARGE AND WITHDRAWAL

User may discharge engaged attorneys at any time, upon written notice to Attorneys. Attorney may withdraw from representation of Client (a) with Client’s consent, (b) upon court approval,

Or (c) if no court action has been filed, for good cause and upon reasonable notice to User. Among the acts constituting good cause are User’s breach of this Agreement (including User’s failure to pay Attorneys’ cost as specified herein), User’s refusal to cooperate with Attorneys or to follow Attorneys’ advice on a material matter, User’s failure to respond to Attorney’s communications within thirty (30) days, or any act or circumstance that would render Attorney’s continuing representation of Client unlawful or unethical.

Attorneys and User each agree to sign any documents reasonably necessary to complete Attorney’s engagement, discharge or withdrawal.

DISPUTES

Any controversy, claim or dispute arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate (except at the option of either party for any application for injunctive relief) shall be finally settled by arbitration in the County of Los Angeles, California under the rules of the American Arbitration Association (AAA) before a panel of three (3) arbitrators and judgment upon the award rendered may be entered in any court having jurisdiction. In this regard, the parties submit to the personal subject matter jurisdiction according to, and governed by, the Federal Arbitration Act, and any action to enforce any rights hereunder shall be brought exclusively in the U.S. District Court for the Central District of California. EACH PARTY HERETO KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY OF ANY DISPUTE RELATING TO THIS AGREEMENT AND AGREES THAT ANY SUCH ACTION SHALL BE ADJUDICATED BY AN ARBITRATOR AND WITHOUT A JURY.

NOTICE

User shall provide us with written notice of any change of address or email within ten (10) days of any change of address or email.

EFFECTIVE DATE

This Agreement will govern all services performed by us on behalf of User commencing with the date we first performed the services.

ENTIRE AGREEMENT

These terms and conditions constitute the entire agreement between you and us in relation to your use of our services and this website, and supersede all previous agreements in respect of your use of our services and this website.

LAW AND JURISDICTION

There terms and conditions will be governed by and construed in accordance with the State of California, and any disputes relating to these terms and conditions will be subject to the jurisdiction of the court of Central District of California. All parties who use our services and this website agree to binding arbitration as specified herein in Los Angeles County for the resolution of any and all disputes with us, except as required by California Law as it applies to the resolution of any dispute.

DETAILS

Our main office is located at 10330 Pioneer Blvd., Suite 220, Santa Fe Springs, California 90670.  You can contact us by email at steve@appearanywhere.com or call us (800) 637-6922 or fax us at (800) 637-6998.