Disclaimer
PLEASE READ AND AGREE TO THE FOLLOWING RELEASE:
As a reader and/or consumer of the samples and examples provided on this website, I acknowledge and agree that all these documents are provided to me solely for educational purposes—i.e., only for the purpose of informing me about possible ways of understanding or analyzing particular situations; that access to such documents is not provided to me for any purpose of legal assistance or representation; that no lawyer client relationship exists or is established by these examples; and that I assume all risks, known and unknown, if I use any of these documents, suggestions, or examples for my own particular purposes.
Further, I agree to release, waive, and covenant not to sue for any and all claims for any use of or result from using the documents on this web site, as follows:
1. Each and every person agreeing to this release, waiver, and covenant not to sue agrees that he/she will not hereafter institute or maintain any action at law or in equity against any and every entity producing or drafting the documents on this website and their agents, servants, representatives, attorneys, successors, employees and assigns regarding any fact or occurrence subsequent to the access to the following documents; and further, expressly agrees to indemnify and hold the above listed providers harmless and free from any claim of adverse consequence engendered by their utilization of the documents on this site, including the costs of litigation.
2. The person agreeing to this condition prior to review of the documents expressly waives the benefits of Section 1542 of the Civil Code of the State of California which provides:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release which if known by him must have materially affected his settlement with the debtor”.
3. The person agreeing to this release, waiver, and covenant not to sue prior to review of the documents fully understand that if the facts with respect to which this waiver, release and covenant not to sue pertains be found hereafter to be other than or different from the facts now believed by them to be true, they expressly accept and assume the risk of such possible difference in the facts and agree that this waiver, release, and covenant not to sue shall remain effective notwithstanding any such difference in facts.
4. The person agreeing to this condition prior to review of the documents fully understands and agrees that the foregoing terms are in full accord and satisfaction of doubtful and disputed claims, and that the acts undertaken in consideration of this release, waiver, and covenant not to sue do not constitute admissions of liability for loss or damage.
5. The person agreeing to these conditions prior to review of the documents represents and warrants that he has not sold, assigned, transferred, conveyed or otherwise disposed of any claim or cause of action relating to any matter covered by this release, waiver, and covenant not to sue.
6. The person agreeing to this condition prior to review of the documents declares that he/she has read this release, waiver, and covenant not to sue and understands its contents; that this release, waiver, and covenant not to sue is intended to and does cover all of the expenses, costs and attorney's fees of the providers of these sample documents occurring, arising out of, or connected with the claims hereby released and the actions mentioned herein; and that this release, waiver, and covenant not to sue constitutes the entire agreement of the parties.
7. This release, waiver, and covenant not to sue is binding upon the successors, heirs, executors, administrations and assigns of any individual using any of the samples on this website.
8. If a party to this agreement should violate its terms and conditions, in addition to any damages for said violation, the prevailing party shall be entitled to actual attorney's fees and costs incurred.
9. Should any provision, part or term of this Agreement be declared or determined by a Court or agency of competent jurisdiction to be illegal, invalid or unenforceable, the legality, validity, and enforceability of the remaining parts, terms or provision shall not be affected thereby, and the said illegal, invalid or unenforceable part, provision or term shall be deemed not to be part of this Agreement.
10. This Agreement supersedes any and all prior agreements or understandings, written or oral, between the parties hereto pertaining to the subject matter hereof.
11. The Parties to this Agreement agree that this Agreement shall be interpreted in accordance with the plain meaning of its terms and not strictly for or against any party. The terms of this Agreement are to be enforced pursuant to California law.
READ BEFORE AGREEING: THIS IS A RELEASE
