WEBSITE TERMS OF USE & PRIVACY POLICY

Terms & Conditions Governing Your Use of This Website

Last Updated: February 18, 2009

PLEASE READ THIS TERMS & CONDITIONS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. PRODIGY LAW (“Prodigy Law,” “we,” “us”) provides this website and website-related services (collectively, the “Site”) subject to your compliance with the terms and conditions set forth in this agreement (the “Agreement”). This Agreement governs the relationship between Prodigy Law and you, the Site visitor, with respect to your use of the Site. It is important that you read carefully and understand the terms and conditions of this Agreement. BY USING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. If you do not agree to these terms and conditions, you must not use the Site.

We may at any time, at our sole discretion, revise or otherwise update this Agreement by posting an amended Agreement on the Site; any changes that we make to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement; you will be able to determine if this Agreement has been changed since your previous visit by viewing the "Last Updated" information that appears at the top of this Agreement. Your use of the Site following the posting of an updated Agreement constitutes acceptance of the updated Agreement.

Further, Prodigy Law reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice. You agree that Prodigy Law shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, or of any Materials (as defined below).

If you have any questions about this Agreement, please contact us through our web portal at http://www.prodigylaw.com/Contact.html. Contact regarding this Agreement does not initiate or constitute an Attorney-Client relationship.

1. Important Notices. Prodigy Law makes available the information and materials on the Site (the "Materials") for general informational purposes only. The Materials are not intended to constitute, and do not constitute, legal advice. Moreover, the Materials are not intended to constitute, and do not constitute, a solicitation for the formation of an attorney-client relationship; no attorney-client relationship is created through your use of the Site or your receipt of the Materials. Anyone accessing the Materials should not act upon them without first seeking legal counsel. Further, the Materials are general in nature, and may not apply to particular factual or legal circumstances.

In addition, unsolicited e-mails and information sent to Prodigy Law do not create an attorney-client relationship with Prodigy Law, will not be considered confidential, and may be disclosed to others pursuant to our Privacy Policy. Prodigy Law accepts clients only in accordance with certain formal procedures, and renders legal advice only after completion of those procedures.

Prodigy Law does not seek to represent anyone desiring representation based upon accessing the Site in a jurisdiction where the Site fails to comply with applicable laws and ethical rules. In addition, our attorneys do not seek to practice law in any jurisdiction in which they are not properly authorized to do so.

2. Rules of Conduct. You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Site and/or any Materials. In addition, your use of the Site is conditioned on your compliance with the following rules of conduct. You agree not to:

Use the Site for any fraudulent or unlawful purpose.

Impersonate any person or entity, including, but not limited to, any Site employee, agent, or representative; falsely state or otherwise misrepresent your identity or your affiliation with any person or entity; or express or imply that we endorse any statement you make.

Interfere with or disrupt the operation of the Site.

Transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, or other harmful code.

Restrict or inhibit any other person from using the Site, including by means of hacking or defacing any portion of the Site.

Interfere with or violate any other Site visitor's or user's right to privacy or other rights, or harvest or collect personally identifiable information about Site visitors or users, or about Prodigy Law attorneys, other employees and representatives identified on the Site, without their express consent.

Sell, resell, transfer, license, or exploit for any commercial purposes any use of or access to the Site or the Materials.

Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site or Materials.

Frame or mirror all or any part of the Site without our prior express written authorization.

3. Prodigy Law's Proprietary Rights. You acknowledge and agree that the Site and the Materials are and shall remain the property of Prodigy Law and/or its licensors, and are protected by copyright, trademark, and/or other proprietary rights and laws. Except as expressly authorized in advance by Prodigy Law, you agree not to copy, distribute, transmit, display, perform or create derivative works of the Site or any of the Materials, provided that, subject to your compliance with this Agreement, Prodigy Law does grant to you a limited, personal, revocable, non-transferable and non-sublicensable license to (a) access the Site and the Materials via the Internet solely for purposes of viewing such materials and (b) to print out pages of this Site for your personal, non-commercial use.

Trade names, trademarks, and service marks of Prodigy Law or its affiliates include, without limitation, "Prodigy Law," “prodigylaw.com,” and any associated logos. All trade names, trademarks and service marks on the Site that are not owned by Prodigy Law or its affiliates are the property of their respective owners. The trade names, trademarks, and service marks owned by Prodigy Law or its affiliates, whether registered or unregistered, may not be used in connection with any product or service that is not either ours or one of our affiliate’s product or service, or in any other manner that is likely to cause confusion or dilution. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any of Prodigy Law’s (or its affiliates’) trade names, trademarks, or service marks without our (or the relevant affiliate’s) prior express written permission.

4. Limitation of Liability and Disclaimer of Warranties. THE SITE AND THE MATERIALS ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. PRODIGY LAW, ITS AFFILIATES AND ITS SUPPLIERS DO NOT MAKE ANY, AND HEREBY DISCLAIM ALL, WARRANTIES THAT MIGHT ARISE FROM YOUR USE OR RELIANCE ON THE SITE (INCLUDING ANY LINKS TO OTHER WEBSITES THAT ARE CONTAINED WITHIN THE SITE) AND THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. PRODIGY LAW, ITS AFFILIATES AND ITS SUPPLIERS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF PRODIGY LAW, ITS AFFILIATES AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE MATERIALS IS TO STOP USING THE SITE OR THE MATERIALS.

5. Indemnity. You agree to defend, indemnify and hold harmless Prodigy Law, its affiliates and its suppliers, and each of their respective partners, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys fees) arising out of: (a) your activities in connection with the Site; (b) any violation of this Agreement by you; (c) any improper or unauthorized use of the Materials by you; or (d) any allegation that anything you transmit through or in connection with the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.

6. Jurisdictional Issues. The Site is controlled and operated by Prodigy Law from its principal office in San Jose, California, U.S.A., and is not intended to subject Prodigy Law to the laws or jurisdiction of any state, country, or territory other than that of California and of the United States of America. Prodigy Law does not represent or warrant that the Site or the Materials, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site or Materials do so on their own initiative and at their own risk, and are responsible for complying with local laws. We may limit the availability of the Site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion. You agree not to transport, import, export or re-export all or any part of the Materials to (or to a national or resident of), or to use all or any part of the Materials from (as applicable): (a) Balkans, Burma (Myanmar), Cuba, Iran, Liberia, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (b) any person or entity on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, and you represent, warrant, and covenant to us that you are not located in or under the control of any such country or on any such list.

7. Governing Law and Forum. This Agreement is governed by and shall be construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. In the event of a dispute arising under or relating to this Agreement, the Site or the Materials, you agree to the exclusive jurisdiction of the federal and state courts located in the State of California, County of California, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

8. Miscellaneous. If any provision of this Agreement is found for any reason to be unlawful, void, or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. A party's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This, together with any of our policies referred to herein, is the entire Agreement between you and us relating to your use of the Site or the Materials, and supersedes any and all prior or contemporaneous written or oral Agreements between you and us regarding the same subject matter (except other written, fully-executed contracts between you and us). Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of this Agreement. This Agreement is not assignable, transferable or may be licensed by you except with our prior written consent.

Privacy Policy

Effective Date of Current Policy: February 18, 2009

Introduction

This Privacy Policy describes the personally identifiable information that ProdigyLaw.com (“Prodigy Law,” “we,” “us”) collects in the United States through our website located at www.prodigylaw.com (the “Site”) and how we use that information. Please note that this Privacy Policy applies solely to our online information-gathering and dissemination practices in connection with the Site, and does not apply to any of our practices conducted offline or outside of the US. If you have any questions or comments about this Privacy Policy or our practices regarding your personally identifiable information, please contact us at http://www.prodigylaw.com/Contact_Us.html.

The Information That We Collect

Prodigy Law collects two types of information about users of our Site:

(1) Personally identifiable information: In general, you do not have to provide us with your personally identifiable information to use this Site. However, certain services to which you may subscribe through this Site may require you to provide personally identifiable information, such as your name, physical address, and email address. We use such personally identifiable information to respond to your inquiries and to send you newsletters or publications that you request. You may also receive other mailings relating to Prodigy Law seminars or events that we think may be of interest to you. If you decide at any time that you no longer wish to receive mailings from us, please refer to the paragraph below headed “Changing or Deleting Personal Information.”

If you contact us by email through the Site, we may keep a record of your contact information and correspondence, and we reserve the right to use your email address, and any information that you provide to us in your message, to respond thereto. In addition, on rare occasions, we may send by email important administrative information regarding the Site or services to users who have provided us with their email addresses; because this information may be important to your use of the Site, it is not possible to “opt out” of receiving these emails.

The Site is not directed to children under thirteen (13) years of age, and Prodigy Law does not knowingly collect personally identifiable information from such children. If you are younger than thirteen, please do not provide any personally identifiable information while using the Site.

(2) Non-personally identifiable information: we may use cookies to collect non-personally identifiable information in connection with the Site. Our web pages may incorporate “pixel tags”, “web beacons”, or similar tracking technologies (collectively, “pixel tags”) that allow us or our agents to track the actions of users of our Site. Pixel tags are used to collect non-personally identifiable information, such as the name of your internet service provider, the IP address of the computer you are using, the type of browser software and operating system that you use, the date and time you access our Site, the website address, if any, from which you linked directly to our Site, the website address, if any, to which you travel from our Site, and other similar traffic-related information. We may also aggregate your information with similar data collected from other users to help us improve our Site and the services that we provide through our Site. We do not use such data in any way to create or maintain a personal profile of you or collect personally identifiable information from you.

How We Use the Information We Gather

Generally, we will not disclose personally identifiable information that we collect through your use of the Site to unaffiliated third parties. We reserve the right, however, to provide such information to our employees, contractors, agents, and designees to the extent necessary to enable them to perform certain Site-related services (e.g., web hosting, improve Site-related services and features, or maintenance services) on our behalf. We also reserve the right to disclose such information to any third party if we believe that we are required to do so for any or all of the following reasons: (i) by law; (ii) to comply with legal processes or governmental requests; (iii) to prevent, investigate, detect, or prosecute criminal offenses or attacks on the technical integrity of the Site or our network; and/or (iv) to protect the rights, property, or safety of Prodigy Law and its affiliates, their partners, and employees, the users of the Site, or the public.

Special Notification for Our Individual California Clients

We do not disclose our clients’ personal information to unaffiliated third parties for purposes of their direct marketing. However, we may provide our clients’ personal information to other legal entities of Prodigy Law, consistent with our goal of providing the highest level of service to our clients. Because separate legal entities are considered “third parties” for purposes of California Civil Code Section 1798.83, we are providing the following information for individual California clients who have given us their personal information pursuant to an established business services relationship that is primarily for personal, family, or household purposes (“Individual California Clients”).

Changing or Deleting Personal Information

If you would like to change your personal information, or if you no longer wish to receive materials from us or want your personal information removed from Prodigy Law's database, please contact us at http://www.prodigylaw.com/Contact_Us.html. Alternatively, when you receive materials from us by email or other communications you can make use of the "opt out" provision in such communications so that we know that you no longer wish to receive such materials from us.

Security

Prodigy Law seeks to adopt commercially reasonable security measures consistent with legal industry practice to assist in protecting against the loss, misuse, and alteration of personally identifiable information which is under our control. Unfortunately, no security system, or system of transmitting data over the Internet, can be guaranteed to be 100% secure. As a result of the foregoing, while we undertake commercially reasonable efforts to protect your personally identifiable information, we cannot guarantee the security of our servers, the means by which information is transmitted between your computer and Prodigy Law's servers, or any information provided to us or to any third party through or in connection with the Site. You provide all such information entirely at your own risk.

Revisions to Privacy Policy

The Internet and the benefits it offers are evolving rapidly, as are the ways in which people use the Internet and the laws surrounding such use. Prodigy Law therefore reserves the right to update and revise this Privacy Policy at any time. You can determine if this Privacy Policy has been revised since your last visit by referring to the "Effective Date of Current Policy" date at the top of this page. Your use of our Site constitutes your acceptance of the terms of the Privacy Policy as amended or revised by us, and you should therefore review this Privacy Policy regularly to ensure that you are aware of its terms.

Business Transfers

Prodigy Law reserves the right to transfer any and all information that we collect from users, or that we otherwise collect in connection with the Site, including, without limitation, to unaffiliated third parties or third parties (i.e., other legal entities of Prodigy Law), in the event of a sale or transfer of assets or of any portion of our business.

Links to Other Sites

Our Site contains links to other websites. Please be aware that we are not and cannot be responsible for the privacy practices of such other websites and that this Privacy Policy applies solely to the information which we collect through this Site. We encourage you to ensure that you read the privacy statements of all the destination websites which you visit.