Effective Date: January 1, 2014; updated March 21, 2014
These Notices and Terms create a legal agreement between you ("You" or "Your") and Torrey Pines Consulting, LLC ("TPC") that governs: (1) the information made available through the website TorreyPinesConsulting.com ("Information"); (2) the nature of the relationship between You and TPC; (3) TPC use of Your information gathered through this website; and (4) Your use of this website, related websites, related systems, and the Information (collectively, the "TPC Site"). By accessing any portion of the TPC Site, You are indicating that You have read and understood, and that You assent to be bound by, these Notices and Terms, which may be amended from time to time by TPC pursuant to the terms herein. If You do not agree to these Notices and Terms, You are not permitted to access the TPC Site.
Section 1 - Purpose of the TPC Site
The purpose of the TPC Site is to disseminate general information, including general information about legal and financial issues, for educational purposes that may be useful to those interested in technology commercialization. However, no representation is made about the accuracy of the information. Topics may or may not be updated subsequent to their initial posting. Please note that information on the TPC Site may change from time to time.
(a) No Legal Advice - Although TPC's principal is trained as an attorney and remains a legal professional, TPC is not a law firm and does not provide legal advice. Information provided by the TPC Site is not intended to be and does not constitute legal advice or services, the practice of law, tax advice or services, investment or financial advice or services, or accounting advice or services. TPC does not hold client monies. Without limiting the foregoing, the Information may not reflect recent developments in the law, may not be complete, and may not be accurate in or applicable to Your jurisdiction. Because the Information is general in nature and may not pertain to Your specific circumstances, You should not act or refrain from acting based on any Information without first obtaining advice from Your legal counsel, accountant, financial advisor or tax consultant qualified in the applicable subject matter and jurisdictions.
(b) No Attorney-Client Relationship - TPC enters consultant-client relationships in accordance with certain procedures which include executing a contract between TPC and You and addressing potential conflicts with then-current TPC clients. If conflicts arise, TPC will act to resolve such matters in a professional manner. You agree that Your access of the TPC Site or receipt of the Information, or Your transmission of information to electronic mail addresses on the TPC Site or via a contact form, does not create a consultant-client relationship or attorney-client relationship between You and TPC.
(c) Consultant-Client Relationship - If TPC chooses to enter a consulting relationship with You, You agree that: (1) TPC is not serving as a legal advisor to You and the protections afforded by an attorney-client privilege do not exist; (2) TPC services are being provided to You based on the facts and circumstances that You disclose to TPC; and (3) by acting as Your consultant, TPC is not undertaking to represent any third party, and TPC does not assume any responsibility for information You provide to any third party. Without limiting the foregoing, all matters between You and TPC are confidential.
(d) Authorized Jurisdictions; Certifications - TPC principal Kevin Buckley is registered to practice before the U.S. Patent & Trademark Office and is licensed to practice law in the Commonwealth of Pennsylvania and the State of Missouri. Kevin Buckley is not a member of the California Bar and is not a certified specialist by any professional or government authority. The TPC Site is not intended to indicate any professional or governmental certification.
(e) Sensitive Communications - You agree that electronic mail sent by You to TPC throuth the TPC Site will not be treated as confidential or invoke a consultant-client or attorney-client privilege; provided, however, that if You are an existing TPC client and You send electronic mail to TPC through the TPC Site pertaining to a matter in which TPC assists You, such electronic mail may be treated as confidential. Notwithstanding the foregoing, You acknowledge that electronic mail and the Internet are generally insecure media of communication, and TPC cannot guarantee the confidentiality of any electronic mail sent to or received by it or any information submitted by You to TPC through the TPC Site.
(f) No Warranty of Results - The Information may contain descriptions of matters in which TPC successfully assisted former clients. The results of these matters were dependent on specific circumstances, and are in no way intended to be predictive of future results, even in similar circumstances, or offer any type of guarantee or assurance of outcome. Information pertaining to former clients may not reflect the opinions of such clients.
Section 2 - Privacy
(a) Activity Logging - When You use the TPC Site, which may be hosted in part or in its entirety by a third party, the TPC Site will collect information indirectly and automatically about Your activities (through, for example, the use of "cookies" or Your "IP address"). TPC uses this activity information (the "Activity Information") for internal purposes such as to administer the TPC Site, improve the TPC Site, and help TPC understand how the TPC Site is being used including the demographics and "clickstreams" of its visitors. "Cookies" are small pieces of information stored on Your hard drive, not on the TPC Site. You are always free to decline cookies if Your browser permits, but in that case, some portions of the TPC Site may not operate properly. An "IP address" is a number that is automatically assigned to Your computer when You use the Internet.
(b) Personally Identifiable Information - The TPC Site is designed so that You may generally browse it without providing any Personally Identifiable Information (defined below). Certain areas of the TPC Site, however, may require or allow the voluntarily submission of Personally Identifiable Information (for example, registration to receive publications offered on the TPC Site). TPC uses Your Personally Identifiable Information for the purposes for which it was submitted by You to TPC and for TPC to send You publications and invitations that may be of interest to You. Except as otherwise set forth in this Section 2, TPC does not share Your Personally Identifiable Information with third parties. "Personally Identifiable Information" means information that would allow someone to identify or contact You, such as Your name, physical or electronic mail address, and telephone number; provided, however, that Personally Identifiable Information does not include aggregated information that, by itself, does not permit the identification of individual persons and does not include the Activity Information.
(c) Removal of Personally Identifiable Information - TPC will use reasonable efforts to remove Your Personally Identifiable Information from the then-current TPC Site at any time upon Your written request. Such removal of Personally Identifiable Information will not ensure the permanent removal of such Personally Identifiable Information from the TPC Site. For example, such Personally Identifiable Information may remain in third party archival or backup copies of the TPC Site.
(d) Additional Disclosure of Personally Identifiable Information - TPC may share Personally Identifiable Information with third parties, including third parties performing services for or on behalf of TPC. Such services may include communications, database, event management, web site hosting, mailing, and marketing services. Additionally, TPC cannot fully ensure that Your Personally Identifiable Information will not be disclosed to third parties. For example, TPC may be legally obligated to disclose information to the government or third parties under certain circumstances, third parties may circumvent security measures to unlawfully intercept or access transmissions or private communications, or an error may occur in the administration of the TPC Site. In the unlikely event that TPC is required to investigate or resolve possible problems or inquiries, TPC may, and You hereby authorize TPC to, disclose any information about You to government officials as permitted by applicable law.
(e) Miscellaneous Privacy Terms - TPC has implemented and follows appropriate technical measures to protect against the risks of unauthorized access to, erroneous disclosure of, and unlawful interception of Personally Identifiable Information. You should know, however, that TPC cannot fully eliminate such risks.
(a) Prohibited Uses - You will not use the TPC Site in violation of any applicable law. Without limiting the foregoing, You will not use the TPC Site in connection with: (1) the infringement of intellectual property rights including TPC's rights in TPC copyrights, marks and articles; (2) the unauthorized transmission of unsolicited commercial electronic mail; (3) the transmission of defamatory materials; and (4) fraud. You will not violate, attempt to violate, or knowingly facilitate the violation of the security or integrity of the TPC Site.
(b) No Warranties - THE TPC SITE IS PROVIDED TO YOU "AS IS." YOUR ACCESS AND USE OF THE TPC SITE IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY THE LAW, TPC DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, QUIET ENJOYMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
(c) Disclaimer of Liability - TO THE EXTENT PERMITTED BY LAW, TPC DISCLAIMS LIABILITY FOR ANY LOST PROFITS OR INCOME, LOST BUSINESS, OR LOST DATA, OR FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THE TPC SITE.
(d) Third Party Information - TPC may hyperlink to or otherwise make third party information available on the TPC Site. This is done solely for the purpose of convenience. TPC does not endorse or approve of any such third party information or such third parties.
(e) Miscellaneous - You agree that any dispute arising out of or in connection with the TPC Site or these Notices and Terms will be governed by the laws of the State of California without reference to conflict of laws principles that would require the application of the laws of any other jurisdiction, and You submit to the exclusive jurisdiction and venue of the state and federal courts located in San Diego County, California. In the event that You gain access to information not intended to be accessed by You, You agree that You will immediately notify TPC and lawfully destroy all copies of such information in Your possession. TPC may be contacted at "kevin @ torrey pines consulting dot com".
(f) Copyright and Trademark Information - The TPC Site, including the Information, is protected by United States and international copyright laws. ALL RIGHTS ARE RESERVED. Subject to the terms of these Notices and Terms, TPC hereby grants You a limited, nonexclusive, personal license to access, view, download and print one copy of the Information solely for non-commercial and informational purposes. You may not modify the Information in any way and You may not remove or obscure any copyright or permission notices provided on or in connection with the Information. TPC does not grant You any rights in TPC registered or unregistered trademarks. You are free to hyperlink to any page in the publicly available pages of the TPC Site; provided, however, that You agree to remove any such hyperlink upon TPC's written request.