Disclaimer and Terms of Use
This web site is owned and operated by Penney and Associates, (“Hereafter The Lawfirm”). The purpose of this web site is to provide basic information about selected legal topics and/or to assist you in contacting one of our personal injury lawyers. This website does not offer legal advice, recommendations, mediation or counseling. You are solely responsible for your own selections and actions. The information contained at this site is provided solely for informational purposes and does not create a business or professional relationship with The Lawfirm, any of the listed lawyers, any of our individual attorneys, or affiliates. Submission of information through pages entitled “Free Online Consultation,” “Contact Us” or by any other means provided through The Lawfirm does not constitute, initiate or create, in any manner, an attorney-client relationship. Please be advised that there is no such thing as complete security. You must understand that it is possible for any and all communications to be intercepted. This is true of telephone calls, mail, faxes, and even in-person conversations. It is also true of e-mail. A lawyer will reply to an e-mail inquiry by return e-mail or by phone, if at all, unless you ask them to respond via some other medium.
The materials in this web site have been provided by The Lawfirm for general informational purposes only and are not legal advice. This information is written to permit you to learn more about the services The Lawfirm offers to clients. This information is not intended to create any relationship between The Lawfirm and the recipient. Neither the transmission nor receipt of these web site materials will create an attorney-client relationship between sender and receiver. The materials contained herein are general in nature and may not apply to particular factual or legal circumstances. We do not undertake to update any materials in our web site to reflect subsequent legal or other developments. Internet subscribers and online readers should not act on this information without seeking professional counsel.
The Lawfirm periodically changes, adds, and/or updates the materials in this web site without notice. The Lawfirm assumes no liability or responsibility for any errors or omissions in the contents of this web site. Your use of this web site is at your own risk. Under no circumstances shall The Lawfirm or any other party involved in creation, production or delivery of this web site be liable to you or any other person for any indirect, special, incidental, or consequential damages of any kind arising from your access to, or use of, this web site. If you use any links to web sites not maintained by The Lawfirm you do so at your own risk. The Lawfirm is not responsible for the contents or availability of any linked sites. These links are provided only as a convenience to the recipient.
The information provided on The Lawfirm is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered. Your access to and use of this web site is subject to additional terms and conditions. The Lawfirm, All rights reserved.
TERMS AND CONDITIONS OF USE
This website, and its affiliates web sites including all information on this World-Wide Web site (together with the underlying source HTML files that implement the hypertext features, this "Site") may be used solely under the following terms and conditions:
PURPOSE OF THIS SITE
The purpose of this Site is to give the visitor a general understanding of the law; not to provide specific advice. While a great deal of care has been taken to provide accurate and current information, the ideas, general principles and conclusions presented at this site may differ depending on local, state and federal laws and regulations and court cases. As the law evolves, changes and varies from jurisdiction to jurisdiction, and is subject to varying interpretations, the reader is urged to consult professional legal counsel in his or her state regarding the applicability any points of law discussed at this Site to any specific problem. This web site should not be used as a substitute for competent legal advice.
NO LEGAL ADVICE PROVIDED
This website offers no legal advice, recommendations, mediation or counseling under any circumstance. You are totally and solely responsible for your own selections and actions. The Lawfirm is not your lawyer. We make no warranty, express or implied, about the accuracy or reliability of the information at this Web site or at any other Web site to which this site is linked. This Web site is not intended to create and does not create an attorney-client relationship between you and The Lawfirm or any sponsored listing, lawyer or law firm.
An attorney-client relationship with any lawyer cannot be formed by reading the information at this Web site or submitting a free online consultation form. The only way to become a client of any lawyer is through a mutual agreement in a formal letter.
This Web site is not soliciting clients and does not propose any type of transaction. You should not act or rely on any information at this Web site without seeking the advice of an attorney. The determination of whether you need legal services and your choice of a lawyer are very important matters that should not be based on web sites or advertisements.
OWNERSHIP, LICENSE & RESTRICTIONS ON USE
As between The Lawfirm and you, all right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Site belongs to The Lawfirm, its licensors, or listees. In addition, the names, images, pictures, logos and icons identifying The Lawfirm's products and services in many countries are proprietary marks of The Lawfirm and/or its subsidiaries or affiliates. Except as expressly provided below, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.
You are hereby granted a nonexclusive, nontransferable, limited license to view and use information retrieved from this Site provided solely for your personal, informational, non-commercial purposes, and provided you do not remove or obscure the copyright notice or other notices. Except as expressly provided above, no part of this Site, including but not limited to materials retrieved therefrom and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means. In no event shall materials from this Site be stored in any information storage and retrieval system without prior written permission from The Lawfirm. Use, duplication, or disclosure by or for the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c)l)(ii) and FAR 52.227-19.
LINKING
You may provide links to this Site, provided
(a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on this Site,
(b) you give The Lawfirm notice of such link by sending an e-mail to penney_and_associates@msn.com, and (c) you discontinue providing links to this Site if notified by The Lawfirm
DISCLAIMERS
THIS SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND THE LAWFIRM EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
THE LAWFIRM DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO:
(A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS,
(B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM,
(C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF,
(D) YOUR USE OF THIS SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION
WITH THIS SITE.
LIMITATION OF LIABILITY
A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS SITE, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. "COVERED PARTY" MEANS The Lawfirm, ITS AFFILIATES, ITS LISTEES, AND ANY OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR, AGENT, SUCCESSOR, OR ASSIGN OF The Lawfirm, ITS AFFILIATES, AND ITS LISTEES.
GOVERNING LAWS IN CASE OF DISPUTE; JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, USA, as they apply to agreements made and solely performed therein. Disputes arising hereunder shall be exclusively subject to the jurisdiction of the federal courts of the United States of America and/or the state courts of California and jurisdiction therefor shall rest solely in California, USA.
CHANGES TO SITE AND THESE TERMS AND CONDITIONS
This Site and these Terms and Conditions may be changed by The Lawfirm with or without notice. Please review this link on a regular basis for changes. Continued use of this Site following any change constitutes your acceptance of the change.
ENTIRE AGREEMENT; SEVERABILITY
These Terms and Conditions incorporate by reference any notices contained on this Site and constitute the entire agreement with respect to your access to and use of this Site. If any provision of these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
IF YOU DO NOT AGREE
IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.
COPYRIGHT; PERMITTED USES; RESTRICTIONS ON USE
Material available in the The Lawfirm web site are protected by copyright law.
To the extent that the professional responsibility rules of any jurisdiction require the designation of a principal office or an attorney responsible for this Web site, The Lawfirm designates its office as 400 Capital Mall, Suite 1620, Sacramento, California 95814 and its managing partner, Frederick W. Penney, Esq.
STATE DISCLAIMERS
Alabama: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
Alaska: The Alaska Bar Association does not accredit or endorse certifying organizations.
Alaska Rules of Professional Conduct Rule 7.4(a)(2) (1998).
Colorado: Colorado does not certify attorneys as specialists in any field.
Florida: The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.
Hawaii: There is no procedure for review or approval of specialist certification organizations in Hawaii.
Hawaii Rules of Professional Conduct Rule 7.4(c) (1997).
Illinois: The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law and that the certificate, award or recognition is not a requirement to practice law in Illinois.
Illinois Rules of Professional Conduct Rule 7.4(c)(2) (1997).
Iowa: The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by rule of the Supreme Court of Iowa.
NOTICE TO THE PUBLIC: Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a lawyer is a specialist or expert in a field of law, nor do they mean that such a lawyer is necessarily any more expert or competent than any other lawyer. A description or indication of limitation of practice does not mean that any agency or board has certified such lawyer as a specialist or expert in an indicated field of law practice, nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa.
See Iowa Code of Professional Responsibility DR 2-101(A), DR 2-101(C), DR 2-105(A)(3)(c) (1997).
Kentucky and Oregon: THIS IS AN ADVERTISEMENT.
Massachusetts: If a Massachusetts lawyer holds himself or herself out as "certified" in a particular service, field or area of law by a non-governmental body, the certifying organization is a private organization, whose standards for certification are not regulated by the Commonwealth of Massachusetts.
Mississippi: The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements.
Free Background information is available upon request to a Mississippi attorney.
The listing of any area of practice by a Mississippi attorney does not indicate any certification of expertise therein.
See Mississippi Rules of Professional Conduct Rule 7.2(d), Rule 7.4(a), Rule 7.6(a) (1997).
Missouri: Neither the Supreme Court of Missouri nor the Missouri Bar reviews or approves certifying organizations or specialist designations.
Nevada: The State Bar of Nevada does not certify any lawyer as a specialist or expert. Neither the state bar of Nevada nor any agency of the State Bar has certified any lawyer identified here as a specialist or as an expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability.
Nevada Rules of Professional Conduct Rule 198 (1997).
New Jersey: Any certification as a specialist, or any certification in a field of practice, that does not state that such certification has been granted by the Supreme Court of New Jersey or by an organization that has been approved by the American Bar Association, indicates that the certifying organization has not been approved, or has been denied approval, by the Supreme Court of New Jersey and the American Bar Association.
See New Jersey Rules of Professional Conduct Rule 7.4(b) (1997).
New Mexico: LAWYER ADVERTISEMENT.
Any certification by an organization other than the New Mexico Board of Legal Specialization does not constitute recognition by the New Mexico Board of Legal Specialization, unless the lawyer is also recognized by the board as a specialist in that area of law.
See New Mexico Rules of Professional Conduct Rule 16-704(D) (1997).
Rhode Island: The Rhode Island Supreme Court licenses all lawyers in the general practice of law. The court does not license or certify any lawyer as an expert or specialist in any field of practice.
Rhode Island Rules of Professional Conduct Rule 7.4 (1998).
Tennessee: None of the attorneys in this firm are certified as a Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor's Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Estate Planning or Elder Law specialist by the Tennessee Commission on Continuing Legal Education and Specialization. Certification as a specialist in all other listed areas is not currently available in Tennessee.
Texas: Unless otherwise indicated, Texas attorneys are Not Certified by the Texas Board of Legal Specialization in the areas of practice listed on their profiles Unless otherwise stated, our attorneys claiming certification in an area of law are not certified by the Texas Board of Legal Specialization.
Washington: The Supreme Court of Washington does not recognize certification of specialties in the practice of law. Any certificate, award, or recognition by a group, organization or association used by a Washington attorney to describe his or her qualifications as a lawyer or qualifications in any subspecialty of law is not a requirement to practice law in the State of Washington.
See Washington Rules of Professional Responsibility Rule 7.4(b) (1997).
Wyoming: The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability, and not rely upon advertisements or self-proclaimed expertise.
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