Terms of Use

TERMS OF USE

Thank you for visiting the Neumiller & Beardslee (“Neumiller”) website (“Neumiller Website”) or one of our Social Media Pages (i.e. Facebook, Twitter, LinkedIn) (“Neumiller Social Media Pages”).
Neumiller provides legal services from its offices located in California. All of our attorneys are licensed to practice law in California.
Our Office is located at 509 West Weber Avenue, Fifth Floor, Stockton, California, 95203 and our mailing address is Post Office Box 20, Stockton, California, 95201-3020.
By accessing and using the Neumiller Website and the Neumiller Social Media Pages, you agree to be bound by our Terms of Use. The Neumiller Website and the Neumiller Social Media Pages are provided under the terms and conditions as set forth below.
See the Privacy Policy for disclosures relating to the Neumiller Website and the Neumiller Social Media Pages and the collection and use of your information.
1. No Attorney-Client Relationship Without Mutual Agreement. Your use of the Neumiller Website or the Neumiller Social Media Pages does not create an attorney-client relationship. Sending an e-mail to an attorney or staff person at Neumiller does not create an attorney-client relationship. An Attorney-Client relationship can only be created by mutual agreement after consultation with one of our attorneys.
2. No Confidential Information Should Be Communicated To Neumiller. Any information provided to you on the Neumiller Website or a Neumiller Social Media Page or sent to Neumiller by email will not be privileged or confidential. You should not post or email privileged or confidential information to the Neumiller website or the Neumiller Social Media Pages and you should not send any privileged or confidential information via email unless you have a signed written engagement agreement with Neumiller establishing an attorney-client relationship.
3. Request For Representation. If you are interested in potential representation, please contact us via telephone or e-mail with non-confidential information. We reserve the right to decline any legal representation, and may be required to decline legal representation if it would create a conflict of interest under the ethical rules of any state in which we practice.
4. Information Only. The materials appearing on the Neumiller website and Neumiller Social Media Pages are provided for informational use only, and are in no way intended to constitute legal advice or the opinions of this law firm or any of its attorneys. You should not act or refrain from acting based on information contained on the Neumiller Website or the Neumiller Social Media Pages. Transmission or receipt of any information from this website does not create an attorney-client relationship, and you should not act or rely upon any information appearing on this website without seeking the advice of an attorney. Moreover, because the law is constantly changing, the materials appearing on this website are not guaranteed to be correct, complete, or up-to-date. Neumiller specifically disclaims all liability in respect to actions taken or not taken based on any or all of the contents of the Neumiller Website or the Neumiller Social Media Pages. You should contact an attorney for legal advice.
5. Prior Results Do Not Guarantee Future Outcomes. Our prior results are provided for informational purposes only and do not guarantee we will have the same or similar outcomes in the future. Each case is different and must be evaluated on its own merits. Any statement, testimonial, or endorsement contained herein does not constitute a guarantee, warranty, or prediction regarding the ultimate result or outcome of your legal matter. If any result of any legal matter is portrayed on the Neumiller Website or Neumiller Social Media Pages, please note that the result portrayed in the advertisement was dependent on the facts of that case, and that the results will certainly differ from situation to situation based on the facts and circumstances of the particular case.
6. The Neumiller Website and Neumiller Social Media Pages May Be Attorney Advertising. This website and its content may be considered attorney advertising under the appropriate ethical rules. The retention of a lawyer is an important decision that should not be based solely upon advertisements.
7. Changes to the Terms Of Use. The Terms Of Use may be modified by Neumiller, in its sole and absolute discretion, at any time. By using our website, you agree that we may make these revisions without any notice to you and you agree to periodically review the current version of the Terms Of Use.
8. Contact Information for Alleged Copyright Infringement. Neumiller respects the intellectual property rights of others. If you believe any content of the Neumiller Website, or the Neumiller Social Media Pages violates any copyright or trademark, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512 (“DMCA”)) as follows:
Neumiller & Beardslee
Attention: Managing Shareholder
Physical Address:
509 West Weber Avenue, Fifth Floor
Stockton, California, 95203
Mailing address:
Post Office Box 20
Stockton, California, 95201-3020.
Phone: 209-948-8200
Your notice must comply with the DMCA. Upon receipt of a proper notice, we will respond as soon as possible and will comply with the DMCA.
9. Linking Policy and Third Party Links. From time to time, the Neumiller Website and the Neumiller Social Media Pages may link to third-party websites that are not owned, operated, or controlled by Neumiller. Third-party websites or social media pages may link to our website. These links to not state or imply the existence of a relationship between Neumiller and the website linked. These links are provided solely for your convenience. We do not control these third-party websites and we cannot censor or edit the content of these third-party websites. We do not endorse such third-party websites, the views contained therein, or the entities that operate them. Neumiller has no liability or responsibility for the content, terms of use, privacy policies, or practices of any third-party websites for information on sites that we link to or for sites that link to our website. Your use of a third party website is at your own risk, and you expressly relieve Neumiller from any and all liability arising from your use of any and all third party websites.
10. Limitation on Liability. Except to the extent required by applicable law, in no event will Neumiller, its members, lawyers, employees, or agents be liable to you on any legal theory for any special, incident, consequential, punitive or exemplary damages arising out of the use of the Neumiller Website and the Neumiller Social Media Pages, including any links from or to third-party websites.
11. Indemnification. You agree to defend, indemnify and hold harmless Neumiller, its shareholders, attorneys, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the Neumiller Website and the Neumiller Social Media Pages; (ii) Your violation of any term of these Terms of Use; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claims that the Neumiller Website and the Neumiller Social Media Pages caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Neumiller Website and the Neumiller Social Media Pages.
12. Choice of Law, Jurisdiction, and Venue. You agree that: (i) the Neumiller Website and the Neumiller Social Media Pages shall be deemed solely based in California; and (ii) the Neumiller Website and the Neumiller Social Media Pages shall be deemed a passive website that does not give rise to personal jurisdiction over Neumiller, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Neumiller that arises in whole or in part from the Neumiller Website or the Neumiller Social Media Pages shall be decided exclusively by a court of competent jurisdiction located in San Joaquin County, California or the Federal District Court for the Eastern District of California.
13. Agreement Not To Alter Or Modify Neumiller Website and the Neumiller Social Media Pages. You agree not to alter or modify any part of the Neumiller Website and the Neumiller Social Media Pages or any related hardware or software.
14. Commercial Use Prohibited Without Authorization. You agree not to use the Neumiller Website or the Neumiller Social Media Pages for any commercial use without the prior written authorization of Neumiller. Prohibited commercial uses include any of the following actions taken without Neumiller’ s express approval:
  • Sale of access to the Neumiller Website and the Neumiller Social Media Pages via another website;
  • Use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue; and
  • Use of the Neumiller Website or the Neumiller Social Media Pages that Neumiller finds, in its sole and absolute discretion, has the effect harming Neumiller.
15. Non-Commercial Use. Prohibited commercial uses do not include a use that Neumiller expressly authorizes in writing. If you use any portion of the Neumiller Website or the Neumiller Social Media Pages on any other website, you must include a prominent link back to the Neumiller Website or the Neumiller Social Media Pages.
16. Compliance. In addition to compliance with these Terms of Use, you must also comply with all applicable local, national, and international laws and regulations.
17. Continuity. Neumiller reserves the right to discontinue any aspect of the Neumiller Website or the Neumiller Social Media Pages at any time.
18. Competency. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parents or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
19. Severability. If any provision of these Terms of Use is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of these Terms of Use, and without further action by the parties of these Terms of Use, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
20. Waiver. No term or provision of these Terms of Use shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
21. Entirety. These Terms of Use constitute the entire agreement between the parties. There are no understandings, agreements or representations with respect to the Neumiller Website or the Neumiller Social Media Pages not specified here, or incorporated herein. Neumiller shall not be bound by any additional provisions.