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Terms of Use

Terms and Conditions of Accessing/Viewing/Using this Website 

TERMS

1. By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

a.     Permission is granted to temporarily download one copy of the materials (information) on HEATHER L. POOLE, PC’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

          i.        modify or copy the materials;

         ii.        use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

        iii.        attempt to decompile or reverse engineer any software contained on HEATHER L. POOLE, PC’s web site;

        iv.        remove any copyright or other proprietary notations from the materials; or

         v.        transfer the materials to another person or “mirror” the materials on any other server.

b.    This license shall automatically terminate if you violate any of these restrictions and may be terminated by HEATHER L. POOLE, PC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

a.     The materials on HEATHER L. POOLE, PC’s web site are provided “as is”. HEATHER L. POOLE, PC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, HEATHER L. POOLE, PC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

No attorney/client privilege or Attorney/Client relationship is established by view, use, or accessing the content on this site. Further, no legal advice is being given or offered by or should be implied by view or use of this website. Always consult a licensed, competent attorney about the facts of your particular case to determine what advice applies to you or may be followed. 

4. Limitations

In no event shall HEATHER L. POOLE, PC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on HEATHER L. POOLE, PC’s Internet site, even if HEATHER L. POOLE, PC or a HEATHER L. POOLE, PC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on HEATHER L. POOLE, PC’s web site could include technical, typographical, or photographic errors. HEATHER L. POOLE, PC does not warrant that any of the materials on its web site are accurate, complete, or current. HEATHER L. POOLE, PC may make changes to the materials contained on its web site at any time without notice. HEATHER L. POOLE, PC does not, however, make any commitment to update the materials or guarantee in any form that the information provided in this website reflects current immigration agency or court legal procedures, legal updates, immigration caselaw, or state of federal or state immigration law.

6. Refunds

Case Evaluation Fees.  CANCELLATION/POSTPONEMENT POLICY: To cancel your case evaluation, you must do so more than 24 hours prior to your scheduled case evaluation to avoid being charged. This time slot is especially reserved for you. We allow one postponement with no charge if rescheduled more than 24 hours prior to your appointment.  Otherwise, there is no refund issue for any payment made for a case evaluation. 

Existing Clients:

Legal Fees.  a. TERMINATION/CREDIT/REFUND policy.  The client may terminate the firm’s representation of client pursuant to the mutual agreed upon engagement at any time, without cause. Client will not be entitled to refund of legal fees received to that point for fees that have already been earned when client withdraws. Any unearned Legal Fees on retainer with HEATHER L. POOLE PC are refundable to the client once the client has notified HEATHER L. POOLE, PC in writing (with a wet-ink signature delivered via dated, paper request to HEATHER L. POOLE PC’s headquarters) that client wishes to terminate representation.   Client is not owed legal fees for work already earned by the “Attorney” (any practicing attorney acting on behalf of HEATHER L. POOLE, PC).  Fees “already earned” by the Attorney will be dictated by the hourly rate agreed upon in the engagement agreement by both parties and amount of time incurred on the case prior to termination.  The client understands and agrees that the firm also has the right and sometimes the obligation to terminate the engagement, on written notification to the client, if further representation interferes with the independent legal judgment of the Attorney, if the client is utilizing the Attorney’s services to commit an unlawful act, or if further representation otherwise is mandated pursuant to the Rules of Professional Conduct. 

b. Effect of Client’s Nonpayment (Breach): If Client selects the payment plan option, Client acknowledges that Attorney’s services are contingent upon client’s timely payments pursuant to this agreement. Client understands and agrees that Attorney has offered client a payment plan as a professional courtesy. Client agrees to make payments on time and Client further understands and agrees that Attorney shall not be bound to continue legal services if client fails to make timely payments. If client does not fulfill obligations as set forth in the engagement letter, then Firm has the option of withdrawing from representing client. If firm withdraws due to non payment, the Firm has no obligation to continue or renew representation of client.
 
Attorney and the Client will use their best efforts in furthering the purposes of the engagement agreement. However, nothing in the engagement agreement or anything on this website or anything in Attorney’s statements to Client will be or should be construed in any shape or form to be a promise or guarantee about the legal outcome of Client’s matter. Attorney makes no such promises or guarantees, in accordance with California
law. If there is any disagreement or dispute between you and the firm concerning fees or any other claim relating to your matter which arises out of our representation of
you, you and the firm hereby agree to submit such dispute to binding arbitration under Section 1280 of the Code of Civil Procedure of the State of California relating to arbitration of contract disputes. The prevailing party shall be entitled to reasonable attorney’s fees and costs incurred in such arbitration. Client and undersigned agree that this contract shall be governed and construed according to the law of California, which shall have exclusive jurisdiction in regard to matters arising from the Attorney/Client agreement.
 
c. Conclusion of Legal Services: When Attorney’s services conclude, all unpaid charges
shall become immediately due and payable. After Attorney’s services conclude, Attorney will, upon Client’s request, deliver Client’s file to Client.  Attorney reserves the right to maintain the format of Client’s file, whether digital or written. 

7. Links

HEATHER L. POOLE, PC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by HEATHER L. POOLE, PC of the site. Use of any such linked web site is at the user’s own risk.

8. Site Terms of Use Modifications

HEATHER L. POOLE, PC may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

9. Governing Law

Any claim relating to HEATHER L. POOLE, PC’s web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.