Copenbarger Website Terms of Service

Effective Date: November 1, 2025

 

Website Terms of Service

Copenbarger & Copenbarger, LLP (“Copenbarger”, the “Copenbarger Law Firm”, the “firm”, “we”, or “us”) is a premier full-service estate planning law firm with offices throughout the state of California and attorneys licensed by the California State Bar. While we primarily serve clients located in the state of California, the content of the Copenbarger website, including the website and pages located at www.copenbarger.com (“Website”), can be accessed throughout the United States and from many other countries around the globe. 

The Website is not intended to subject Copenbarger to non-U.S. jurisdiction or laws, except as otherwise expressly stated. The Website may not be appropriate or available for use in jurisdictions outside of the United States or outside the state of California. If you use the Website, you are doing so at your own risk, and you are responsible for complying with all local laws, rules, and regulations. 

Use of the Website (including certain third-party provided URLs linked therein that are managed or operated by Copenbarger are governed by the terms and conditions set forth in these website terms of service (“TOS”). By using this Website and by accessing certain content and services through the Website, you agree to abide by these TOS. If you do not agree with these TOS, you should not use this Website or engage with any of our online services.

THESE TOS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW (AND SUBJECT TO THE EXCEPTIONS SET FORTH THEREIN), REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

No Legal Advice; Disclaimer

We provide users of the Website with access to general information about Copenbarger, and to related materials and services, including: (a) information within newsletters, blogs, legal new alerts, articles, attorney profiles, and other similar content; and (b) services such as event registration, subscription management, research tools, video players and links to third-party websites (such information, materials and services made available in connection with the Website, collectively, the “Services”).

ALTHOUGH COPENBARGER TRIES TO MAINTAIN UP-TO-DATE AND ACCURATE INFORMATION, WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF THE INFORMATION ON THIS WEBSITE, AND ANY INFORMATION OR STATEMENTS ON THIS WEBSITE, OR AVAILABLE VIA THIS WEBSITE, ON THE STATUS OF A GIVEN LAW OR LEGAL ISSUE MAY NOT BE CURRENT, ACCURATE, OR COMPLETE, OR APPLY TO YOUR PARTICULAR CIRCUMSTANCES.

WHILE THE INFORMATION ON THE WEBSITE MAY CONCERN LEGAL ISSUES, SUCH INFORMATION IS PROVIDED FOR EDUCATIONAL PURPOSES ONLY. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES DO NOT CONSTITUTE LEGAL ADVICE. USE OF THE WEBSITE IS NOT INTENDED TO CONSTITUTE, AND DOES NOT CONSTITUTE, A SOLICITATION FOR THE FORMATION OF AN ATTORNEY-CLIENT RELATIONSHIP; NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED THROUGH YOUR USE OF THE WEBSITE. NEITHER RECEIPT OF ANY SERVICES, NOR ANY EMAIL OR OTHER COMMUNICATION SENT THROUGH THIS WEBSITE, WILL CREATE AN ATTORNEY-CLIENT RELATIONSHIP, AND NO SUCH EMAIL OR COMMUNICATION WILL BE TREATED AS CONFIDENTIAL. YOU SHOULD NOT RELY ON THE CONTENT OF THIS WEBSITE WITHOUT SEEKING LEGAL ADVICE OF COUNSEL IN THE RELEVANT JURISDICTION(S). WE EXPRESSLY DISCLAIM ALL LIABILITY IN RESPECT OF ACTIONS TAKEN OR NOT TAKEN BASED ON ANY OF THESE SERVICES. EXCEPT FOR THE CONTENT AUTHORED BY OUR ATTORNEYS, NO COMMENTS OR VIEWS EXPRESSED IN CONNECTION WITH ANY BLOGS AVAILABLE WITHIN THE WEBSITE SHALL BE ATTRIBUTED TO COPENBARGER OR ITS ATTORNEYS.

Electronic Transmissions

Information transmitted to us electronically via this Website cannot be guaranteed to be secure, and Copenbarger assumes no responsibility for the loss of confidentiality for any information that you transmit to us via this Website. Therefore, you should not transmit any confidential information to us via this Website. Such information may not be treated as confidential and may not be subject to attorney-client privilege. Copenbarger assumes no responsibility for the confidentiality or return of such information.

Copyright Ownership

The content of this Website is protected under international copyright laws and all right, title and interest in and to such content is owned by Copenbarger and/or its licensors. Reproduction of reasonable portions of this Website is permitted provided that such reproduction: (i) is for non-commercial purposes only; (ii) is properly attributed to Copenbarger; (iii) is not altered or presented in a manner that is misleading; and (iv) includes or references the disclaimers set forth herein. You may not incorporate any substantial portion of this Website in any work or publication, whether in hardcopy, electronic or any other form, or for any commercial purposes, without Copenbarger’s prior written authorization.

Our Proprietary Rights

Copenbarger owns the Website, including all content, information, materials and other services available through the Website. The Website may be protected by copyright, trademark, or other proprietary rights and laws.

Our trade names, trademarks, and service marks and any associated trademarks, service marks, and logos. All trade names, trademarks, service marks and logos on the Website not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Website should be construed as granting any license or right to use any trade names, trademarks, service marks, or logos without express prior written consent of the owner.

Please note that unauthorized use of the Website, including any software used by the Website, may be subject to civil and criminal penalties (including possible monetary damages), including for copyright infringement.

Third-Party Materials Links

Certain Website functionality may make available access to information, products, services, and other materials made available by third parties (“Third-Party Material”) or allow for the routing or transmission of such Third-Party Material, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party-Material.

Copenbarger is not responsible for and does not control or endorse any Third-Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of Third-Party Materials, or any intellectual property rights therein. Nothing in this TOS shall be deemed to be a representation or warranty by Copenbarger with respect to any Third-Party Materials. Your use of third-party materials is at your own risk and is subject to any additional terms, conditions, and policies applicable to such third-party materials.

Payment Terms for Access Membership and Client Online Billing

Portions of the Website may offer certain services for either a subscription or one-time payment, including Copenbarger’s Access Membership Program. In the event that Copenbarger offers such services and a payment collection portal online, the terms of this section will apply. The prices and features of each offering are subject to then-current purchase options, and may be changed from time to time within Copenbarger’s sole and absolute discretion. Under any subscription-based service plan, we reserve the right to change the prices for or alter the options applicable to such plans without prior notice, provided that for clients on existing subscription plans, such changes will only take effect upon renewal of such subscription. All payments are non-refundable except as expressly provided in these TOS or as otherwise agreed to by the parties in writing os as required by applicable law.

When you purchase a subscription-based service, you must provide accurate and complete information for a valid payment method that you are authorized to use. You may be billed for your subscription plan either through the payment method you provide, such as a credit card, or through an intermediary payment service. You must promptly notify us of any change in your invoicing address. By completing purchase of a subscription-based service, you authorize us and our agent to charge your payment method (“Authorization”) for: (a) the applicable services, including for any renewal term of the subscription plan (if any); and (b) any and all applicable taxes for the services

All fees are stated exclusive of all taxes, duties, levies, or similar governmental assessments, including sales and use taxes, value-added taxes, goods and services taxes, excise, business, service, and similar transactional taxes imposed by any jurisdiction (collectively, “Taxes”). You are responsible for and agree to bear Taxes associated with any purchase of Copenbarger’s online services. If Copenbarger is required to remit Taxes associated with your purchase, we will add the amount of those Taxes, itemized where required by law, to the payment due or invoice sent to you. 

Warranty Disclaimer

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE WEBSITE AND ANY SERVICES, THIRD-PARTY MATERIALS, AND OTHER INFORMATION AND MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) COPENBARGER DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE WEBSITE AND ANY SERVICES, THIRD-PARTY MATERIALS, AND OTHER INFORMATION MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE.

COPENBARGER MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE WEBSITE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE, AND SERVICES NEEDED TO ACCESS AND USE THE WEBSITE, AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE WEBSITE. 

YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE WEBSITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE WEBSITE.

WHILE WE TRY TO MAINTAIN THE TIMELINESS, INTEGRITY, AND SECURITY OF THE WEBSITE, WE DO NOT GUARANTEE THAT THE WEBSITE IS OR WILL REMAIN UPDATED, COMPLETE, CORRECT OR SECURE, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED. 

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS, OR UNAUTHORIZED INTERCEPTION OF ANY SUBMISSIONS BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR FROM ANY SERVICES, THIRD-PARTY MATERIALS, OR OTHER INFORMATION OR MATERIALS ON THE WEBSITE, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH; (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ANY OF THESE SERVICES, THIRD-PARTY SERVICES, OR OTHER INFORMATION MADE AVAILABLE THROUGH THE WEBSITE IS TO STOP USING THE WEBSITE; AND (D) OUR MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE SHALL BE THE GREATER OF (I) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE WEBSITE, AND (II) TEN U.S. DOLLARS ($10.00). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION 14 AND ELSEWHERE IN THESE TOS) ARE MADE ON BEHALF OF US AND OUR AFFILIATED ENTITIES, AND OUR AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.

Indemnification

To the fullest extent permitted under applicable law, you agree to defend, indemnify, and hold Copenbarger, including its officers, agents, employees, and consultants, harmless from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys’ fees) arising out of or relating to (a) any use of, or activities in connection with, the Website by or on behalf of you, or using your Website account, or (b) any violation or alleged violation of these TOS by you.

Privacy and Data Protection

For information about the way in which we use, process, and share personal information that we may obtain about you, please refer to our various privacy notices, which are accessible from our home page and/or made available at www.copenbarger.com/privacy-policy/.

Information You Submit Through the Website

You represent and warrant that all information you provide in connection with the Website is and will remain true, accurate, and complete, and you will maintain and update such information regularly as needed. If you choose to make any of your personally identifiable or other information publicly available on, through or in connection with the Website, you do so at your own risk.

Binding Arbitration; Dispute Resolution; Jury Trial

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND COPENBARGER TO ARBITRATE CERTAIN DISPUTES AND CLAIMS. THIS SECTION LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION PROVISION. IN ADDITION, ARBITRATION PRECLUDES YOU AND COPENBARGER FROM SUING IN COURT OR HAVING A JURY TRIAL.

Prior to filing any claim or legal proceeding against Copenbarger, you agree to first engage in a good faith effort to resolve the dispute informally by communicating your concerns to us and allowing a reasonable opportunity for resolution. If we cannot resolve the dispute informally, all formal disputes must be resolved through arbitration as set forth below.

The provisions of these TOS and any applicable dispute are governed by and shall be construed in accordance with the laws of the United States (including federal arbitration law) and the State of California, U.S.A., without regard to its principles of conflicts of law or the U.N. Convention on Contracts for the International Sale of Goods. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TOS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND COPENBARGER, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE AN IMPARTIAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT YOU AND COPENBARGER ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TOS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, as amended by these TOS. The JAMS Streamlined Arbitration Rules & Procedures are available online at https://www.jamsadr.com/rules-streamlined-arbitration/. The arbitrator’s decision will follow the provisions of these TOS and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these TOS, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these TOS will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

Governing Law

The provisions of these TOS and any dispute are governed by and shall be construed in accordance with the laws of the United States and the State of California, U.S.A., without regard to its principles of conflicts of law or the U.N. Convention on Contracts for the International Sale of Goods. You agree to the exclusive jurisdiction of the federal and state courts located in Orange County, California, U.S.A., and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Miscellaneous

These TOS do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. If any provision of these TOS are found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these TOS and will not affect the validity and enforceability of any other provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under these TOS without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under the TOS without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these TOS shall be construed as if followed by the phrase “without limitation.” These TOS hereby incorporate by this reference any additional terms that are posted on the Website and, except as otherwise expressly stated herein, these TOS constitute the entire agreement between you and Copenbarger with respect to the subject matter herein and supersedes all prior and contemporaneous negotiations, representations, agreements, and understandings, whether oral or written, relating to such subject matter. Notices to you may be made via posting to the Website or by email (including in each case via links), or by regular mail, in our discretion. Copenbarger will not be responsible for failure to fulfill any obligation due to causes beyond our control.

Contact Us

If you have any questions regarding the meaning or application of these TOS, please direct such questions to info@copenbarger.com. Email communications are not necessarily secure, so please do not include sensitive information in any email to us.

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