Last Updated October 1, 2021
This website is currently located at www.brookreport.com (this “website” or “site”), and is operated by Brook Report / Brook Law Group, P.C. (“BR”, “We” or “Us”). This site is a copyrighted work belonging to Us.
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT GOVERNING ANY DISPUTE ARISING HEREUNDER.
Acceptance of Terms of this Agreement
By using this site, you agree to the terms of this Agreement in these Terms and Disclaimers (the “Agreement”), and to any additional terms, conditions, rules and guidelines that we post on this site, or otherwise make available to you. This Agreement hereby incorporates by this reference any such additional terms, conditions, rules and guidelines. We may make changes to this Agreement. We may, at any time and without liability, modify or discontinue all or part of this website, refuse to provide any user with access, charge, modify or waive any fees, or offer opportunities to some or all visitors to this website.
Additional Definitions
“You”, “User” : You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.
“Parties”: Collectively, the parties to this Agreement (BR and You) will be referred to as Parties.
License to Use Website
We may provide You with certain information as a result of Your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by Us, and other materials which may assist in Your use of the Website or Services (“BR Materials”). Subject to this Agreement, the BR grants You a non-exclusive, limited, non-transferable and revocable license to use the BR Materials solely in connection with Your use of the Website and Services. The BR Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement.
Logos and Linking
Colleges and universities may post our logos in accordance with our Logo Policy.
Jurisdiction
The Site is controlled and/or operated from the United States, and is not intended to subject us to non-U.S. jurisdiction or laws, except as otherwise expressly stated in this Agreement. The Site may not be appropriate or available for use in some jurisdictions outside of the United States. If you use the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Acceptable Use
You agree not to use the Website for any unlawful purpose or any purpose prohibited under this Agreement. You agree not to use the Website or any information contained in it in any way that could damage the Website, Services, or general business of BR.
You further agree not to use the Website for any of these prohibited reasons or purposes:
- To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- To violate any intellectual property rights of BR or any third party;
- Editing, modifying, making derivative works of, reverse compiling any information, content, systems, or Services on the Site;
- Accessing the Site in order to create a similar or competitive business, product, service, or website;
- To upload or otherwise disseminate any computer viruses or other software that may damage this Site or the property of another;
- To perpetrate any fraud;
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that incites violence, hate, or discrimination towards any group;
- To unlawfully gather information about others.
Intellectual Property and Copyright
Unless otherwise noted, We and our permitted licensors, own all intellectual property rights in the site, and its contents (with the exception of “User Content” as noted below). These rights include and are not limited to, ownership of all articles, rankings, text, images, logos, graphics, other copyrighted material, trademarks, patents, software, and other distinctive branding features displayed in the Site, including the compilation of any of the foregoing items. Except for the limited rights granted by this Agreement, neither this Agreement nor your use or access to the Site give you or any third party any intellectual property rights. We reserve all rights not explicitly granted by this Agreement, which do not grant any implied licenses. All copyrights, trademarks, and other intellectual property notices on the Site must be retained on all copies thereof. You may not publish, reverse engineer, modify, distribute, transmit, sell, create derivative or plagiaristic works of, or use or exploit for any commercial reason, whether in whole or in part, any of the content on the Site or Services other than your own User Content without our express prior written consent or the consent of any third-party owners of the content.
You agree that the Website and all Services provided by BR are the property of BR, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“BR IP”). You agree that BR owns all right, title and interest in and to BR IP and that You will not use BR IP for any unlawful or infringing purpose. You agree not to reproduce or distribute BR IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from BR.
In order to make the Website and Services available to You, You hereby grant BR a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content You publish, upload, or otherwise make available to the Website including without limitation any comments made on any articles, rankings or pages of this Site (“User Content”). BR claims no further proprietary rights in Your Content.
If You feel that any of Your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of Our users, please contact Us and let Us know using the content form on the Site.
Copyright Policy
We expect you to respect the intellectual property rights of others when using the Site. We will respond to any notices of copyright infringement that we receive that comply with applicable law and are properly submitted to us (pursuant to 17 U.S.C. 512(c)). In order to submit a notice of infringement of your copyrighted material, please provide us with the following information:
a) Identification of the copyrighted work or works claimed to have been infringed;
b) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
c) A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
d) Your contact information, including your address, telephone number, and an email address, if available;
d) A statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
e) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We may remove any content that is alleged to be infringing at our sole discretion without prior notice and without liability to You or to Us. We also reserve the right to take other appropriate action against infringers, such as blocking the user or terminating the user’s account (if any). Please send any notice of alleged copyright infringement to us via the Contact Form, or to our agent Brook Law Group P.C.
Note that pursuant to 17 U.S.C. 512(f), any material misrepresentation in a written notification that content is infringing of that allegedly infringing content was removed by mistake or misidentification automatically subjects the complaining party to liability for damages, including costs and attorney’s fees incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized license, or by us, if injured by such misrepresentation.
Assumption of Risk / Disclaimer / No Legal Advice / NO WARRANTIES
The Website is provided for communication purposes only. You acknowledge and agree that any information posted on the Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between You and Us. You further agree that Your purchase of any of the products on the Website (if any are offered or advertised) is at Your own risk. BR does not assume responsibility or liability for any advice or other information given on the Website.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK AND THAT ANY SERVICES PROVIDED BY US ARE ON AN “AS IS” BASIS. BR HEREBY EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE IMPLIED WARRANTY OF MERCHANTABILITY. BR MAKES NO WARRANTIES THAT THE WEBSITE OR SERVICES WILL MEET YOUR NEEDS OR THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. BR ALSO MAKES NO WARRANTIES AS TO THE RELIABILITY OR ACCURACY OF ANY INFORMATION ON THE WEBSITE OR OBTAINED THROUGH THE SERVICES. YOU AGREE THAT ANY DAMAGE THAT MAY OCCUR TO YOU, THROUGH YOUR COMPUTER SYSTEM, OR AS A RESULT OF LOSS OF YOUR DATA FROM YOUR USE OF THE WEBSITE OR SERVICES IS YOUR SOLE RESPONSIBILITY AND THAT BR IS NOT LIABLE FOR ANY SUCH DAMAGE OR LOSS.
No recipient of content from this website, whether a client or otherwise, should act or refrain from acting on the basis of any content included in the website without first obtaining legal advice and/or other professional advice from an attorney licensed in the recipient’s state or country jurisdiction. The content of this website contains general information and may not reflect current legal developments, verdicts or settlements. WE EXPRESSLY DISCLAIM, AND DO NOT ACCEPT, ANY AND ALL LIABILITY REGARDING ANY ACT(S) OR OMISSION(S) TAKEN OR NOT TAKEN BASED ON ANY OF THE CONTENTS OF THIS WEBSITE, AND SPECIFICALLY STATES THAT NO ACTION SHOULD BE TAKEN BASED ON ANY OF THE CONTENTS OF THIS SITE. If you have any questions on the contents of this website, you may direct your inquiry (which will be deemed non-confidential, and which will not create any type of relationship, whether attorney-client relationship or otherwise) using the contact form on this website.
The information provided in this website is provided for informational purposes only, and nothing in this website is to be considered as creating an attorney-client relationship or any type of contractual relationship. In addition, the information contained in this website should not be construed as, and does not contain, legal advice on any subject matter, or any specific matter or legal issue.
Limitation of Liability
BR is not liable for any damages that may occur to You as a result of Your use of the Website or Services, to the fullest extent permitted by law. The maximum liability of BR arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount You paid to BR in the last six (6) months. This section applies to any and all claims by You, including, but not limited to, lost opportunities, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
No Fiduciary or Attorney-Client Relationship
Any information sent to the us by e-mail or through this website is not secure and is communicated on a non-confidential basis. The transmission of this website, in part or in whole, and/or communication with the us via this website or through e-mail through this site does not constitute or create an attorney-client relationship between the us and any recipient.
External Links and Content
This website contains links to external websites and external websites may link to this website. We are not responsible for the content or operation of any such external sites and we specifically disclaim all liability, however it may occur, in respect of the content or operation of any such external websites. YOUR USE OF EXTERNAL WEBSITES OR MATERIALS FROM THIRD-PARTIESIS AT YOUR OWN RISK AND IS MAY BE SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
Security
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
Indemnification
You agree to defend and indemnify BR and any of its parents, employees, officers, directors, agents or affiliates (collectively, “BR”) and hold BR harmless against any and all legal claims and demands, including attorney’s fees, which may arise from or relate to Your use or misuse of the Website, Your breach of this Agreement, or Your conduct or actions. You agree that BR shall be able to select its own legal counsel and may participate in its own defense, if BR wishes.
No Spamming Policy
You are strictly prohibited from using the Website or any of BR’s Services for spam activities, including gathering email addresses and personal information from others or sending any mass emails.
Attorney Advertising
Some of the content of this website may constitute attorney advertising within the meaning of applicable bar rules. As applicable, the following statement is made in accordance with those rules: ATTORNEY ADVERTISING. PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME.
Term, Termination, Suspension
BR may terminate this Agreement with You at any time for any reason, with or without cause. BR specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of BR or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
We furthermore may terminate or suspend access of any user to this Site for any reason, including without limitation by IP address blocking.
Service Interruptions
BR may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that BR shall have no liability for any damage or loss caused as a result of such downtime.
Modification
BR may modify this Agreement, from time to time and at any time without notice to You. You agree that BR has the right to modify this Agreement or revise anything contained herein, and that any use you make of this Site or any services is governed by this Agreement and any modifications of it. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent. In addition, to the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, then all the remaining parts of the Agreement shall remain in full force and effect.
You agree to routinely monitor this Agreement and refer to the “Last dated” date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your browser cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
In the event that You fail to monitor or notice any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
We run scholarship contests from time to time, and those contests are subject to the terms of this Agreement, as well as any additional terms set out on the page for each particular scholarship contest.
Integration
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
Other Terms
LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
JURISDICTION, VENUE & CHOICE OF LAW: You agree that the laws of the State of California shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and BR, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: County of San Diego, California. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
Address: The best way to reach us is to use the contact form. Physical address:
- Brook Law Group, P.C.
- 3525 Del Mar Heights Road, Ste. 232
- San Diego, California 92130
ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: County of San Diego, California. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the State of California. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
Intellectual property claims by BR (including without limitation claims by BR relating to copyright, trademark, patent, trade secret or any other industrial right) are not subject to the terms of this paragraph and are not required to be subject to arbitration and may, as an exception to this paragraph, be litigated in any court, venue or jurisdiction of BR’s choosing.
ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by BR, the rights and liabilities of BR will bind and inure to any assignees, administrators, successors, and executors.
NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please contact us using the contact form on the site.
NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
FORCE MAJEURE: BR is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
