Abraham and Kevork, LLC Terms and Conditions
Last Updated on 7/19/2016.
Recent Material Changes: None.
Abraham & Kevork, LLC
Please read these, terms, conditions and notices set forth below (collectively, this “Agreement” or “Terms and Conditions”) carefully before using abrahamkevork.com (“Website”). This Website is operated by Abraham & Kevork, LLC, a California limited liability company and/or its subsidiaries (“Abraham & Kevork” or “we” or “us”). Persons and organizations that access the services are referred to collectively herein as “User(s)”, “Visitor(s)” or “you.””
Amendment To The Terms And Conditions
Abraham & Kevork reserves the right in its discretion to make amendments to these Terms and Conditions at any time without notice. By continuing to use the Website following an amendment to the Terms and Conditions you agree to be bound by the amended Terms and Conditions. The Website may make these changes without your consent, without notice, and at Website’s sole discretion, which may be exercised reasonably or unreasonably. You agree to review the Terms of Service periodically, since any use of the Website following any such change shall constitute acceptance of the modification(s).
This Website is intended to provide information regarding Abraham and Kevork’s services that might be of interest to Visitors. In accessing this Website, no client, advisory, fiduciary or professional relationship is implied or established. The information provided should not be construed as legal advice or opinions and should not be relied upon as such. The act of sending an electronic mail message to Abraham and Kevork or any attorney affiliated with Abraham and Kevork does not create an attorney-client relationship. We will not accept requests for legal advice over the internet.
Users Of The Website
We do not knowingly collect personal identifiable information from anyone under the age of 13. If it is discovered that we have collected personally identifiable information from someone under 13 we will delete that information immediately. Persons under the age of 18 are not eligible to use our Website or our services.
The contents of this Website, including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material (collectively, “Content”), as well as the infrastructure used to provide the Content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
- use this Website or its Content for your own or another’s commercial purpose;
- access, monitor or copy any Content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep-link to any portion of this Website for any purpose without our express written permission;
- “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization; or
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Abraham & Kevork in connection with the Website or the services.
Privacy And Use Of Personal Information
Website collects Visitor’s submitted information such as name, email address, and age to authenticate Visitor and to send notifications to those Visitors relating to the Website service. Website also logs non-personally-identifiable information including IP address, aggregate user data, and browser type, from Visitors. This data is used to manage the Website, track usage and improve the Website’s services. This non-personally-identifiable information may be shared with third parties to provide more relevant services to Visitor. User IP addresses are recorded for security and monitoring purposes.
Website may also use a Visitor’s email address to send updates, newsletters or news regarding services of Abraham & Kevork. Users may choose not to receive certain emails of this type by “unsubscribing.”
The Website uses reasonable measures to protect Visitors’ information that is stored within its databases, and the Website restricts access to Visitor information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of Visitor information at any time.
Except as otherwise described in this section, the Website will not disclose personal information to any third party unless the Website believes that disclosure is necessary:
- to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by Website , whether or not a response is required by applicable law;
- to enforce the Website’s Terms and Conditions or to protect the Website’s rights; or
- to protect the safety of Visitors of the public and Users of the Website. The Website reserves the right to transfer personal information to a successor-in-interest that acquires rights to that information as a result of the sale of the Website or substantially all of its assets to that successor in interest.
Visitor agrees to receive notices of: changes to the Website, litigation, service of process, termination, and modification of services at the email address provided to Website. Further, Visitor agrees that the right to contact Visitor concerning legal notice shall not be terminated by previously submitted “unsubscribed” notices and specifically agrees that any notification to cease contact shall not be binding upon the Website in regards to changes to the Website, litigation, service of process, termination, and modification of services. Additionally, the Visitor grants to Website an irrevocable right to contact him or her via mail or telephone concerning any of these issues irrespective of other rights the Visitor has to sever contact with Seller.
Please read this section carefully. This section limits Abraham & Kevork’s liability to you for issues that may arise in connection with your use of this Website. If you do not understand the terms in this section or elsewhere in this Agreement, please consult a lawyer for clarification before accessing or using this Website.
The information, software and services published on this Website may include inaccuracies or errors. Abraham & Kevork, its subsidiaries and corporate affiliates (collectively, “Abraham & Kevork”) do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the services displayed on this Website.
Abraham & Kevork makes no representations about the suitability of the information, software, and/or services contained on this Website for any purpose. All such information, software, products, and services are provided “AS-IS” without warranty of any kind.
Abraham & Kevork disclaims all warranties and conditions that this Website, its servers or any email sent from Abraham & Kevork hereby disclaims all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Obligations you owe to Abraham & Kevork and other Users of Abraham & Kevork, which by their nature are intended to survive closing or termination, will survive.
Indemnification Of Third Parties
You agree to defend and indemnify Abraham & Kevork, its affiliates and parent companies, any of their directors, officers, attorneys, employees, agents or personal representatives from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including, but not limited to, reasonable legal and accounting fees, brought by third parties as a result of:
- your breach of this Agreement or the documents referenced herein;
- your violation of any law or the rights of a third party; or
- your use of this Website.
Limitation Of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ABRAHAM & KEVORK AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, ATTORNEYS, EMPLOYEES, AGENTS, AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ABRAHAM & KEVORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE ABRAHAM & KEVORK SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY REAGRDING ABRAHAM & KEVORK’S SERVICES; OR (v) ANY OTHER MATTER RELATING TO ABRAHAM & KEVORK OR THIS WEBSITE.
Modifications To Services Provided By Abraham & Kevork
Abraham & Kevork reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Abraham & Kevork shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website (or any part thereof).
Any dispute or claim relating in any way to services offered or information contained on the Website will be resolved by binding arbitration (“Dispute Resolution”), rather than in court, except that you may assert claims in small claims court if your claims qualify. YOU AND ABRAHAM & KEVORK HEREBY EACH KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS AND CONDITIONS. FURTHER, EACH PARTY HEREBY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGE THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms and Conditions as a court would. Notwithstanding the foregoing, disputes to enjoin infringement or other misuse of intellectual property rights may be brought in a court of competent jurisdiction.
To begin Dispute Resolution, you must send a letter requesting arbitration and describing your claim to Website’s agent for service of process the National Registered Agents, Inc. The Dispute Resolution will be conducted in Orange County, California by an arbitrator and under rules both Visitor and Website agree on.
Payment of arbitration costs including filing fees, administration costs, and arbitrator fees (but not including attorneys’ fees) will be paid in equal amounts by both Visitor and Website. The prevailing party to any arbitration or litigation will be entitled to collect attorney fees and all other costs of the arbitration or litigation, including filing fees, investigation fees, and collection fees from the other party. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person.
In the event that some provisions, terms, or conditions of these Terms and Conditions are held to be invalid or unenforceable, the remainder of the provisions that are enforceable shall control. Additionally, Visitor and Website agree that, if any provision is found to be invalid or unenforceable, an arbitrating panel will construe such provision to the maximum extent that it might be found to be valid or enforceable.
Waiver Of Breach
The Website’s failure to enforce any term of these Terms and Conditions shall not be construed as a modification or an amendment to these Terms and Conditions or constitute a waiver of other breaches.
Notice For California Residents
Jurisdiction, Venue And Choice Of Law
If any lawsuit arises from services rendered, the action shall be brought before a court of law, pre- or post-arbitration, Visitor agrees to that the sole and proper jurisdiction to be in Orange County of the state of California. In the event that litigation is in a federal court, the proper court shall be a federal court in the Central District of the state of California, County of Orange.
Visitor agrees that the applicable law to be applied shall, in all cases, be California law.
Trademarks, Copyrights And Intellectual Property Matters
Unless otherwise noted, all materials, including images, graphics, illustrations, design, icons, photographs, data (including Visitor data), text and other materials that are part of this Website are owned, controlled, or licensed to or by Website. This Website as a whole and portions thereof are protected by copyrights, trademarks, patents and other intellectual property. Website grants you a limited license to access and make personal use of this Website. You may not download (other than page caching) or modify any portion of our Website, except with express written consent of Website. You may not use any part of this Website for commercial or resale use; this includes, but is not limited to, logos, images, text, and data. You may not use data mining, robots, or similar data gathering and extraction tools. The contents of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Website. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Website without express written consent. You may not use any meta-tags or any other “hidden text” utilizing Website’s name or trademarks without the express written consent of Website. Any unauthorized use terminates the permission or license granted by Website. Please note that the license will be revoked automatically if you breach any of these Terms and Conditions. Any other use of the contents on this Website including reproduction for purposes other than as noted above, and including any reproduction, modification, distribution, or republication may violate copyright or trademark laws, and, without the prior written permission of Website, is strictly prohibited.
Notification of Copyright Infringement
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following address:
Email: [email protected]
Abraham & Kevork takes no responsibility and assumes no liability if any User Content that you or any other User or third party posts or transmits using our images, products or services.
Questions Or Report A Violation Of The Terms and Conditions
If you have comments or questions about these Terms and Conditions or our processing of your information, please contact us at [email protected] or our toll-free number (888) 788-0093 or contact us to report a violation of these Terms and Conditions.