This Web page includes disclaimers and disclosures concerning the following topics:
- No Attorney-Client Relationship
- No Legal Advice Intended
- Licensing Status of Attorneys
- Privacy Statement
- No Warranty or Liability
- Our Copyright and Intellectual Property Rights
- Additional Disclosures and Information
The term "OLENDER/PHAM" or "olender/pham" in this website refers to olender/pham, a California partnership, unless the context otherwise requires.
All materials have been prepared for general information purposes only to permit you to learn more about our firm, our services and the experience of our attorneys. The information presented is not legal advice, is not to be acted on as such, may not be current and is subject to change without notice.
No Attorney Client Relationship or Legal Advice
Communication of information on this Web site and your receipt or use of it is not provided in the course of and does not create or constitute an attorney client relationship. The information on this website is not intended as a solicitation. The information on this website is not intended to convey or constitute legal advice and is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any information on this site without first seeking qualified lawyer on your specific matter. Hiring an attorney is an important decision that should not be based solely upon website communications or advertisements.
You also should not rely upon the transmission of an e-mail message to an attorney through this website to create an attorney-client relationship. The transmission or exchange of information will not do so. Without an attorney client relationship, we cannot assure you that your communications will be privileged or (unless we otherwise agree in a specific case) that we will treat them as privileged. Please do not send us any confidential or sensitive information until you speak with one of our attorneys and obtain prior written authorization to send that information to us.
Unless otherwise stated, the attorneys listed in this website are not certified by, or certified as specialists or experts by, any professional or governmental agency or authority. Designations of our firm's practice areas, or of expertise, practice concentrations or specializations of our attorneys are not intended (1) to suggest or represent the contrary, or (2) to suggest any professional or governmental standard by which such experience is measured, or (3) to denigrate other attorneys or firms in any way.
This Web site is not intended as advertising or solicitation in any jurisdiction where the site would be so characterized and fail to comply with all applicable laws and ethical rules of that jurisdiction. olender/pham does not seek to represent anyone based solely upon a visit to this Web site or upon advertising, or where to do so would not comply with applicable local laws and rules.
We may from time to time, directly or indirectly, provide links to or accept links from Web sites of other parties for convenience. We do not control or maintain the material presented by other persons in their Web sites. The inclusion of any link on our website does not imply any association or relationship between olender/pham and the person sponsoring the linked site and does not constitute or imply any endorsement, approval or sponsorship of the linked site by olender/pham, or the endorsement, approval or sponsorship of olender/pham by the sponsor of the linked site. The links do not imply legal authority to use any protected rights of others reflected in the links. We do not vouch for or assume any responsibility for the content, accuracy or completeness of material presented directly or indirectly in linked sites. If you use any of these links, you will leave our site.
If you visit our website simply to browse, we may collect general information about the way in which you use our site, including the time and duration of visit, type of Web browser used, the operating system and computer you are using, your IP address, the websites from which you linked to us, and your CPU speed. We also may note whether and how you use the site by recording site traffic patterns and "clickstreams." We may use this information to identify levels and areas of interest in our firm and to improve and refine our site.
Although we use security that we believe to be appropriate to protect the limited personal identifying information disclosed to us on this Web site, we do not guarantee that our security precautions will protect against and we expressly disclaim any liability for any loss, misuse, or alteration of your information or from your access to or use of our information.
We may use "cookie" technology. A cookie is a small amount of data sent by our Web site and stored on your computer's hard drive that our site can read and which helps us keep track of how you use our site. Many Web browsers automatically accept cookies by default, but contain an option for you to turn off the cookie acceptance if you prefer.
If you do not want us to further use information previously given by you on or through this Web site to contact you, or if you wish to correct such information, please contact firstname.lastname@example.org.
No Warranty or Liability
The information presented on this Web site is provided "as is" without representation or warranty of any kind --- as to suitability, reliability, applicability, merchantability, fitness, non-infringement, result, outcome or any other matter. We do not represent or warrant that such information is or will be always up-to-date, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed.
You agree that we are not liable to you or others, in any way or for any damages of any kind or under any theory, arising from this site, or your access to or use of or reliance on the information in or through this site, including but not limited to liability or damages under contract or tort theories or any damages caused by viruses contained within electronic files of this site or any linked site, regardless of prior notice to us.
Copyright and Intellectual Property Rights
Unless otherwise noted, all materials, including but not limited to images, illustrations, designs, icons, photographs, video clips, software, and written and other materials that are part of this Web site or any other olender/pham website are protected under copyright laws and are the trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by olender/pham. You may download and view material on this website for your personal, temporary, non-commercial viewing only. No part of these materials may otherwise be copied, reproduced, stored, republished, uploaded, posted, transmitted, or distributed in any form or by any means, electronic or mechanical, now known or hereafter invented, without the prior written permission from olender/pham.
Without limiting the foregoing, olender/pham and the stylized "O P" block appearing on this website are trademarks of olender/pham.
Additional Disclosures and Information
Practice and other descriptions, including attorney biographies, on this Web site may include descriptions of successful client representations, strategies or outcomes in matters, including transactional and adversarial proceedings. The results described depended on the facts of the specific cases described. Results will differ if based on different facts. We intend no assurance and make no guarantee or prediction that we will be successful in new matters, even if they involve similar facts and circumstances. We do not intend to assure you that we are successful in all matters. Results in any matter are not necessarily indicative of or similar to results in other matters.
We designate, to the extent that any jurisdiction requires designation, our Irvine, California office as our principal office and host server location and Henry Hoang Pham as the attorney responsible for this site. Any disputes concerning this Web site and the information in or use of it shall be governed by California law (without regard to conflicts of law principles), and any proceeding which may arise out of or in connection with this website shall be brought solely in a court in Irvine, California.
Use of olender/pham Websites
Except as set forth in “other agreements; software, services or access”, below, olender/pham authorizes you to use the olender/pham websites only for your own personal, non-commercial purposes. Use of the olender/pham websites for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. As between you and olender/pham, olender/pham owns the olender/pham websites. The olender/pham websites is protected under United States and international copyright laws. Any unauthorized use of the olender/pham website ay violate copyright, trademark, and other laws.
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the olender/pham websites and for paying all charges related to accessing such sites. When you register to open an account anywhere on the olender/pham websites, or when you contact olender/pham through the website for the purpose of receiving products or services, olender/pham may collect certain personal information about you. olender/pham's use of such information is governed by the provisions of the olender/pham Online Privacy Statement for the website. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your olender/pham websites account, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your olender/pham websites password and you are solely responsible for all activities that occur under your password. You agree to notify olender/pham immediately of any unauthorized use of your password or any other breach of security related to olender/pham websites. olender/pham reserves the right to require you to change your password if olender/pham believes that your password no longer is secure. Access to olender/pham websites granted under other separately executed agreements by olender/pham and You shall supersede the terms contained in this Section.
You agree not to use the olender/pham websites (including, without limitation, any services, or products you may obtain through your use of the olender/pham websites): in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”); to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or to interfere with or disrupt the olender/pham websites or servers or networks connected to the olender/pham websites. You further agree not to use any data mining, robots, or similar data gathering or extraction methods in connection with the olender/pham websites; or attempt to gain unauthorized access to any portion of the olender/pham websites or any other accounts, computer systems, or networks connected to the olender/pham websites; whether through hacking, password mining, or any other means.
Except as set forth in “Other agreements; software, services or access”, below, olender/pham may terminate, suspend, or modify your registration with, or access to, all or part of the olender/pham websites, without notice, at any time and for any reason. You may discontinue your participation in and access to the olender/pham websites at any time. If you breach any of these Terms, your authorization to use the olender/pham websites automatically terminates and you must immediately destroy any downloaded or printed Materials (and any copies thereof).
THE olender/pham WEBSITES ARE PROVIDED "AS IS" AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE olender/pham WEBSITES IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT olender/pham, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. olender/pham EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE olender/pham WEBSITES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, olender/pham MAKES NO WARRANTY THAT THE olender/pham WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE olender/phamWEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE olender/pham WEBSITES WILL BE CORRECTED. olender/pham MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE olender/pham WEBSITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE olender/pham WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE olender/pham WEBSITES OR FROM olender/pham, ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, “THE olender/pham d”) SHALL CREATE ANY WARRANTY. olender/pham DISCLAIMS ALL EQUITABLE INDEMNITIES.
Limitation of Liability
IN NO EVENT WILL ANY OF THE olender/pham PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE olender/pham WEBSITES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE olender/pham WEBSITES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY olender/pham PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any olender/pham Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the olender/pham Party’s liability shall be the minimum permitted under such applicable law.
Other Agreements, Software, Services or Access
olender/pham may provide products (such as video-based training, handbooks, online data services, or software) services (including, but not limited to, legal services, and business process consulting) or access to olender/pham under the terms of a separate agreement between you and olender/pham (“Other Agreement”). olender/pham's obligations with respect to any product, service, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements. For example, any legal services provided by olender/pham to its clients is governed by the terms of the attorney client agreement, if any, which we execute with the client.
Modifications to olender/pham Websites
olender/pham reserves the right to modify, suspend, or discontinue the olender/pham websites at any time without notice to you. For example, olender/pham may make changes to the services, products, or to the prices described in them, at any time without notice. The Materials and Services may be out of date and olender/pham makes no commitment to update the Materials and Services whatsoever. Information published on a website may refer to laws, regulations, services, products, programs, or other information that is outdated, no longer correct, and no longer in effect. Consult your own attorney for information about what laws are current, and which ones apply to your specific situation. Contact olender/pham directly for information regarding the services, products and prices that may be available should you choose to hire olender/pham and should olender/pham agree to such representation (which may only be with a written agreement).
Certain areas of the olender/pham websites (for example, forums, or customer polls) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a “User Submission”). By submitting a User Submission, you grant to olender/pham an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (including any modification we make or authorize), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that olender/pham deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technol ogy, product, or service). olender/pham reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. olender/pham may, but is not obligated to, pre-screen User Submissions or monitor any area of the olender/pham websites through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. olender/pham is not required to host, display, or distribute any User Submissions on or through the olender/pham websites and may remove at any time or refuse any User Submissions for any reason. olender/pham is not responsible for any loss, theft, or damage of any kind to any User Submissions. olender/pham does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that olender/pham will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. olender/pham does not guarantee that you will have any recourse through olender/pham or any third party to edit or delete any User Submission you have submitted.
By submitting any User Submission, you represent and warrant that:
- you are at least 13 years old;
- you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to olender/pham the rights in your User Submissions described herein;
- you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
- you are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to olender/pham described herein;
- your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- you voluntarily agree to waive all "moral rights" that you may have in your User Submission;
- any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
- your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
- you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
- your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
- your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
- your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
Links to third-party websites
Links on the olender/pham websitesto third-party websites are provided solely as a convenience to you. If you use these links, you will leave the olender/pham websites. olender/pham is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). olender/pham does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the olender/pham network, you do so entirely at your own risk.
Linking to this Site
You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws.
Absent olender/pham's written authorization otherwise, a website that links to this website:
- may link to, but shall not replicate, any Materials (including any olender/pham logo);
- shall not create a browser or border environment around any Materials;
- shall not imply that olender/pham endorses such website or any products, services, or content available through such website;
- shall not misrepresent its relationship with olender/pham;
- shall not present false or misleading information about olender/pham, its products, or its services;
- shall not contain content that could be construed as distasteful, offensive, or controversial; and
- shall contain only content that is appropriate for all age groups
olender/pham and any other product or service name or slogan or logo contained in the olender/pham websites are trademarks of olender/pham and may not be copied, imitated, or used, in whole or in part, without the prior written permission of olender/pham. Ownership of all trademarks and the goodwill associated with them remains with olender/pham or the applicable trademark holder. You may not use any metatags or any other "hidden text" using any name, trademark, or product or service name of olender/pham without olender/pham's prior written permission. In addition, the look and feel of this website (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of olender/pham and may not be copied, imitated, or used (in whole or in part) without olender/pham's prior written permission. Reference to any services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by olender/pham.
olender/pham respects the intellectual property rights of others. Accordingly, we have a policy of removing User Submissions that violate copyright law, suspending access to olender/pham websites (or any portion thereof) to any user who uses the olender/pham websites in violation of copyright law and/or terminating the account of any user who uses the olender/pham websites in violation of copyright law. Under 17 USC Section 512, olender/pham has procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with federal law. If you believe your copyright or other intellectual property right is being infringed by a user of the olender/pham websites please provide written notice to the following olender/pham agent for notice of claims of infringement:
Henry Hoang Pham
18662 MacArthur Blvd, 2nd Floor
Irvine, CA 92612
Tel: (714) 793-8660
Fax (714) 782-5640
Your written notice must:
- contain your physical or electronic signature;
- identify the copyrighted work or other intellectual property alleged to have been infringed;
- identify the allegedly infringing material in a sufficiently precise manner to allow olender/pham to locate that material;
- contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
- contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
- contain a statement that the information in the written notice is accurate; and
- contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
- Please do not send notices or inquiries unrelated to alleged copyright or other intellectual property right infringement to olender/pham's designated agent, as they will be deleted upon receipt.
When you visit the website or send e-mails to olender/pham, you are communicating with olender/pham electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that olender/pham provides to you electronically satisfy any legal requirement that such communications be in writing.
These Terms, together with any additional terms to which you agree when using particular elements of the olender/pham websites, constitute the entire and exclusive and final statement of the agreement between you and olender/pham with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and olender/pham with respect to such subject matter. These Terms and the relationship between you and olender/pham shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the olender/pham websites shall be brought in the Federal or State courts located in Orange County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of olender/pham to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of olender/pham and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the olender/pham websites. These Terms will be interpreted without application of any strict construction in favor of or against you or olender/pham. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by olender/pham without restriction.
Modifications to These Terms
olender/pham may, in its sole and absolute discretion, change these Terms from time to time. olender/pham will post notice of such changes on the applicable website. If you object to any such changes, your sole recourse shall be to cease using the olender/pham websites. Continued use of the olender/pham websites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the olender/pham websites and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.