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Home Terms of Use

1. ACCEPTANCE

1.1  You signify your acceptance to this terms of use (hereinafter referred to as “Terms of Use”) and the privacy policy (hereinafter referred to as “Privacy Policy”) upon visiting and or using the JamesBIron.com website including any and all of its subdomains and pages. If you do not accept any and all of its terms, I suggest that you do not use the JamesBiron.com website.

1.2  This Terms of Use shall apply to all users of JamesBiron.com website including but shall not be limited to visitors, comment posters as well as advertisers.

2. JAMESBIRON.COM WEBSITE and ACCOUNTS

2.1  The JamesBiron.com website shall consist of all the domain, subdomains, pages and other parts of this website such as the Legal Forum.

2.2  This website may contain links to third party websites, which are not in any way controlled or affiliated with this website. Atty. James Biron thereby assumes no responsibility for the content and terms of these websites. In this regard, you agree that you shall hold him free from any liability whatsoever, which you may incur as a result of visiting these third party websites.

2.3  To fully utilize the functions or features within the JamesBiron.com website, you may be required to create an account. In this connection, you are not allowed to use another user’s account. You are also mandated to ensure the accuracy of your account’s information. Any and all activity, authorized or not, caused by your account shall be to your own responsibility.

2.4  You agree that this website shall not be liable for loss or damage due to unauthorized use of your account. However, you bind yourself liable for any loss or damage which may be caused to the JamesBiron.com website, to its vsiitors, users or to other parties due to authorized or unauthorized use of your account.

3. PERMISSIONS and RESTRICTIONS

3.1  You agree that you will not send, post or upload unauthorized commercial communications such as but not limited to spam in this website.

3.2  You agree that you will not send, post or upload viruses or other malicious codes in this website.

3.3  You agree that you will not collect user’s content or information, or otherwise access this website using automated means such as but not limited to harvesting bots, robots, spiders or scrapers without the written permission from Atty. James Biron.

3.4  You agree that you will not solicit login information, access an account belonging to another user or imitate another user by the use of fake information or any other means.

3.5  This website grants the operators of public search engines permission to copy content from this website for the sole purpose of creating publicly available searchable indices of the materials in this website but not caches or archives of these materials. Atty. James Biron reserves the right to revoke this right without prior notice.

3.6  You agree that you will not engage in multi-level marketing such as but not limited to Pyramid scheme in JamesBiron.com website.

3.7  You agree that you will not use any foul and or discriminatory languages and that you shall not in any way harass, coerce or intimidate other users of this website.

3.8  You agree that you will not send, post or upload content that is hateful, threatening or pornographic; promotes or incites violence; or that which contains nudity or graphic violence.

3.9  You agree that you will not send, post or upload content, including advertisements, containing alcohol-related or other mature content without appropriate age-based restrictions.

3.10      You agree that you will not create or offer any contest, promotion or giveaways without the prior written consent from Atty. James Biron. Once I give my consent, you agree to take full responsibility for all its consequences and you also agree to follow all applicable laws.

3.11      You agree that you will not use this website to perform unlawful, malicious or misleading acts.

3.12      You agree that you will not do anything that could compromise this website such as but not limited to disabling, overburdening or impairing the proper functioning of this site through the use of denial of service attacks.

3.13      You agree that you will not modify this website and any of its technologies.

3.14      You agree that you will not use this website for any commercial purpose without the prior written consent of Atty. James Biron. The term commercial purpose shall not include the following:

3.15      You agree that the content on this website is provided to you AS IS for information purposes only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed or exploited for any other purposes whatsoever without the written consent of Atty. James Biron.

3.16      You agree that you will not use means to circumvent the security features of this website such as but not limited to those designed to protect the right of users to the materials they submitted.

3.17      You understand and acknowledge that user submitted contents, comments and forums posts are provided to you for information purposes only. You also agree that you will not hold Atty. James Biron liable for any erroneous, offensive, libelous or illegal information posted in the JamesBiron.com website including but shall not be limited to those posted in the User Comments and Forums sections. You also agree that Atty. James Biron will not be responsible for the intellectual property rights of or relating to such user submissions.

3.18      You agree that you shall be solely responsible for your own submissions and posts, and you affirm, represent or warrant that you own or have the necessary licenses, rights, consents and permissions to use and authorize this website to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all user submissions to enable the inclusion and use of the content as in a manner contemplated by this website.

3.19      You understand and acknowledge that you retain all your ownership rights in your submissions. However, you agree that by sending, posting or uploading to this website, you hereby grant JamesBiron.com, a world-wide, non-exclusive, royalty free sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the user submissions in connection with this website and its (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the this website (and derivative works thereof) in any media formats and through any media channels.

3.20      You hereby grant each user or visitor of this website the right to access your submissions as allowed by the functionality of this website and subject to this Terms of Use. You further agree that this right granted by you shall terminate after a commercially reasonable time from the time you deleted your submitted content. You consent that JamesBiron.com may retain, but not distribute or display, a copy of the deleted or removed content, in its server or in any other media.

3.21      You acknowledge and understand that Atty. James Biron does not endorse any user submission and Atty. James Biron expressly disclaims any liability that may arise from these user submissions.

3.22      You agree that Atty. James Biron reserves the right to remove at any time any user submission without prior notice or warning.

3.23      You understand that the use of JamesBiron.com website is not intended to and does not create a privileged, confidential or attorney-client relationship between any users of this website. Any and all information that is contained on or made available through JamesBiron.com website is not intended to and does not constitute legal advice or counseling under any circumstance. Accordingly, Atty. James Biron and any user, member or provider of information on or through this website not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked from JamesBiron.com website.

3.24      You understand that nothing submitted to JamesBiron.com website is treated as confidential. Communications to and from this website are not secure and subject to the same risks of interception and security that exists on the Internet. It is in your best interests not to disclose any privileged, confidential or other valuable private information when using this website and service. This includes the names of people, business, their private personal data and the like. Such information should only be disclosed outside the scope of this website and service, for example, such as after signing a legal retainer with an attorney and thus being protected by the attorney-client privilege.

3.25      You agree that you will follow all local, national and international laws, rules and regulations in using the JamesBiron.com website.

3.26      You agree that you will not facilitate, condone, or encourage any violations of this Terms of Use.

4. ACCOUNT TERMINATION

4.1  Atty. James Biron reserves the right to terminate, without prior notice, an account or prevent user’s access to this website, if it has been determined that the latter infringed or violated any or all of the provisions of this Terms of Use.

4.2  Atty. James Biron reserves the right to determine whether a user submission complies with the provisions of this Terms of Use such as those relating to copyright, obscenity, and defamatory content restrictions. In this regard, Atty. James Biron may remove such content, prevent or ban a user from using the features of JamesBiron.com or even terminate a user account without need of prior notice.

5. DISCLAIMER AND LIMITATION OF LIABILITY

YOU HEREBY AGREE, ACKNOWLEDGE AND CONSENT THAT YOUR USE OF JAMESBIRON.COM WEBSITE SHALL BE SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWED BY LAW, ATTY JAMES BIRON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE USE OF JAMESBIRON.COM WEBSITE IS NOT INTENDED TO AND DOES NOT CREATE A PRIVILEGED, CONFIDENTIAL OR ATTORNEY-CLIENT RELATIONSHIP BETWEEN ANY USERS OF THIS WEBSITE AND ATTY. JAMES BIRON. NOTHING THAT YOU READ OR IS PROVIDED ON THIS WEBSITE SHOULD BE USED AS A SUBSTITUTE FOR THE ADVICE OF YOUR OWN LEGAL COUNSEL. THE LAW CHANGES VERY RAPIDLY. ACCORDINGLY ATTY JAMES BIRON MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CORRECTNESS, COMPLETENESS OR BEING UP TO DATE OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF MY SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE JAMESBIRON.COM WEBSITE. IN NO EVENT SHALL ATTY. JAMES BIRON, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE ABOVE MENTIONED INSTANCES. ATTY JAMES BIRON DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE JAMESBIRON.COM WEBSITE OR ANY HYPERLINKED   OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ATTY. JAMES BIRON WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEN NEEDED.

6. INDEMNITY

You fully consent and agree to defend, indemnify and hold harmless Atty. James Biron, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses such as but not limited to attorney’s fees arising from: (i) your use of and access to the JamesBIron.com website; (ii) your violation of any term of this Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party. This defense and indemnification obligation will survive this Terms of Use and your use of the JamesBiron.com website.

7. CAPACITY TO ACCEPT THE TERMS OF USE

You signify that you are either more that 18 years of age, or an emancipated minor under your particular jurisdiction or that you possess legal parental or guardian’s consent, and that you are fully competent to enter into the terms, conditions, restrictions, warranties, representations, obligations provided in this Terms of Use.

8. ASSIGNMENT

This Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Atty. James Biron without any restriction or need of prior notice.

9. GENERAL

You agree that: (i) the JamesBIron.com website shall be deemed solely based in the Philippines; and (ii) the JamesBiron.com website shall be deemed a passive website that does not give rise to personal jurisdiction over JamesBiron.com, either specific or general, in jurisdictions other than the Philippines. This Terms of Use shall be governed by the internal substantive laws of the Philippines, without respect to its conflict of laws principles. Any claim or dispute between you and Atty. James Biron that arises in whole or in part from your use of the JamesBiron.com website shall be decided exclusively by a court of competent jurisdiction located in Tabaco City, Albay. This Terms of Use, together with the Privacy Policy and any other legal notices published by JamesBIron.com, shall constitute the entire agreement between you and Atty. James Biron concerning the use of JamesBiron.com website. If any provision of this Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Terms of Use, which shall remain in full force and effect. No waiver of any term of this Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Atty. James Biron’s failure to assert any right or provision under this Terms of Use shall not constitute a waiver of such right or provision. Atty. James Biron reserves the right to amend this Terms of Use at any time and without notice, and it is your responsibility to review this Terms of Use for any changes. Your use of the JamesBiron.com website following any amendment of this Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND ATTY. JAMES BIRON AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE JAMESBIRON.COM WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.