Howard Marshack

Disclaimer

Howard Marshack Law Firm, PLLC (hereafter HM) nor its employees make any express or implied warranty or guaranty of any kind about the accuracy of the information found on the links provided herein or the applicability of the information contained on this website or accessed via links from this website to any particular or individual situation.

No representation is made that the operation of this website will be uninterrupted or without errors. In fact, there may be interruptions and/or errors due to reasons inherent in the Internet system and those who use it.

In short, you, the website consumer, may access HM’s website and access other websites via links appearing on HM’s site, but you do so entirely at your own risk. In using this website, you agree that HM is not and shall not be held responsible for any misfortune that may occur as a direct or indirect result of accessing the HM website.

Use of the links on this website is for information purposes only and offered as a convenience to those who access the HM website. Use of this website and the information accessed via the links to other websites are not intended to be a substitute for individual legal advice or representation.

Error Free or Interruption Free
HM makes no representation concerning the operation of this website and/or the sites accessed through this site. No representation or assurance is made regarding the continuous or uninterrupted availability of this website or the websites whose links appear on this site.

No representation is made that this website or the websites whose links appear on this site can be accessed without errors. HM shall not be responsible for any loss arising out of your accessing HM or other websites accessed through the website, including, but not limited to frozen screen, viruses, and other problems characteristic of accessing the Internet and/or engaging in Internet commerce.

Although HM believes the likelihood of problems are remote, they exist nonetheless and so, you should know and hereby agree that HM shall not be held liable for any resulting (direct or indirect) damage to your computer, your loss of data or any other loss of any kind or nature. You hereby agree that access to this site, and/or access to any websites whose links appear on this site, and/or your ordering, downloading or otherwise receiving or attempting to receive information or communicate with said sites is entirely at your own discretion and at your own risk.

Indemnification
To the fullest extent allowed by the law, you (for yourself and any person or business entity you represent) hereby release HM (its owners, executives, directors, employees, and the respective marital communities, heirs and assigns thereof) from any and all claims, demands and causes of action, including, but not limited to, fees and costs to defend any such claim or action, as well as any resulting damages, whether direct, incidental, or consequential, and whether imposed by a tribunal, or, in good faith, settled upon.

Arbitration
Any disputes or claims related in any way to the access to and use of HM’s website or other websites accessed through HM’s links shall be submitted to confidential arbitration in Clark County, Washington. You hereby consent to said jurisdiction and venue. However, to the extent HM may have one or more claims that violate any of its creative and/or intellectual property rights, then at HM’s option, HM may seek relief in any court of competent jurisdiction and you hereby consent to said non-exclusive jurisdiction and venue in such courts.

Arbitration under this agreement shall be by the then prevailing published rules of the American Arbitration Association.

Washington Law
The laws of the State of Washington and the laws of the United States of America shall govern this agreement to the extent possible.

International application: This provision shall have international application to the fullest extent allowed by law. In the event a user accesses HM’s website from outside the United States of America, said user expressly waives any law or right said user may have under the laws of their nation (or other sovereign entity) or under the laws of the nation (or other sovereign entity) of the place where user accessed HM’s website, or under the laws of any other relevant nation (or sovereign entity) and expressly consents to the application of the laws of the State of Washington and the United States of America.

Clark County, Washington Venue
Any disputes or claims related in any way to the access to and use of HM’s website or other websites accessed through HM’s links shall be submitted to confidential arbitration in Clark County, Washington. In the event use of a court of law is required, said court shall be the Superior Court for Clark County, Washington and in the event this Court does not have subject matter jurisdiction, then the case shall be heard in the Federal District Court for the Western District of Washington. User hereby consents to said jurisdiction and venue and hereby submits to said jurisdiction and venue on behalf of himself, herself and/or others and/or business entity(ies) on whose behalf he or she may be acting in said jurisdiction and venue.

The laws of the State of Washington and the laws of the United States of America shall govern this agreement to the extent possible.

International application: This provision shall have international application to the fullest extent allowed by law. In the event a user accesses HM’s website from outside the United States of America, said user expressly waives any law or right said user may have under the laws of their nation (or other sovereign entity) or under the laws of the nation (or other sovereign entity) of the place where the user accessed HM’s website under the laws of any other relevant nation (or sovereign entity) and expressly consents to the application of the laws of the State of Washington and the United States of America.

Miscellaneous
User may not and shall not assign any benefit, claim or cause of action arising out of this agreement or use of HM’s website or those sites accessed through HM’s links.

In the event HM waives strict performance or fails to strictly enforce any of the terms herein, this shall not constitute a waiver of HM’s right to later enforce such provision or any other provision of this agreement.