PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Terms of Use

Etonien, LLC ("Etonien" or "we") provides its content on this Web site (the "Site") subject to the following terms and conditions (the "Terms"). We may change these Terms periodically, so please check back from time to time.  By accessing this Site you acknowledge that you have read and understood the Terms and, having read and understood the Terms, you voluntarily agree to be bound by the Terms. If you do not agree with the Terms, then do not use the Site.

The information presented on this Site should not be construed as professional advice, consultation or service.  Do not transmit any confidential information over the Site until you have formally engaged Etonien to perform services on your behalf.

1. Copyrights

All content and functionality on the Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of Etonien or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.

2. Trademarks

The trademarks, service marks, designs, and logos (collectively, the "Trademarks") displayed on the Site are the registered and unregistered Trademarks of Etonien and its licensors. You agree that you will not refer to or attribute any information to Etonien or its licensors in any public medium (e.g., press release, Web sites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Etonien or its licensors.

3. Use of Site Content

Etonien hereby grants you a non-exclusive, non-transferable license to access and download, display, and print one copy of the content and functionality displayed on the Site (the "Site Content") on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way and that you retain all copyright and other proprietary notices displayed on the Site Content. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the Site Content without Etonien’s prior written consent.

4. User Postings

You acknowledge and agree that Etonien shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Site and you hereby waive any claims against Etonien for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with Etonien’s use and publication of such submissions. You covenant that you shall not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements. Etonien does not and cannot review all information posted to the Site by users and is not responsible for such information. However, Etonien reserves the right to refuse to post and the right to remove any information posted on the Site, in whole or in part, for any reason or for no reason.

5. Notices of Infringement and Takedown by Etonien

Etonien prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Etonien at the address shown below and provide a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right. Etonien will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. Etonien’s contact for submission of notices under this Section 5 is: Lurie, Zepeda, Schmalz & Hogan, A.P.C., Attn: Steven L. Hogan, Esq., 9107 Wilshire Boulevard, Suite 800, Beverly Hills, California 90210.

6. Third-Party Web Sites

We may provide links to third-party websites, and some of the content appearing to be on this Site is in fact supplied by third parties, for example, in instances of framing of third-party websites or incorporation through framesets of content supplied by third-party servers. Etonien has no responsibility for these third-party websites, which are governed by the Terms of Use and privacy policies, if any, of the applicable third-party content providers.

Any links provided on this Site to third party external websites are for general informational purposes only and Etonien does not adopt or endorse any third party statements contained or presented on such websites.  Further, the following web link activities are explicitly prohibited by Etonien and may present trademark and copyright infringement issues:

•           Links that involve unauthorized use of Etonien’s logo or any trademarks, service marks, taglines, or other copyrighted material;

•           Framing, inline links or metatags; and

•           A hyperlink or another form of link that disguises the URL and bypasses the homepage.

7.  Privacy

Please read Etonien’s Website Privacy Policy which is incorporated herein by reference.   

8. Disclaimers

THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT ETONIEN IS NOT ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ETONIEN AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. ETONIEN SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEB SITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER ETONIEN NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

9.  Limitation of Liability

Etonien will not be liable for any damages of any kind, including but not limited to compensatory, punitive, direct, indirect, incidental, consequential, special or similar damages, even if advised of the possibility of such damages, arising from the use of this website or third party external websites. Specifically, and without limiting the generality of the foregoing, neither we, nor any other party involved in creating, producing, serving, hosting, maintaining and/or updating this website shall be liable, under any circumstances, for any damages, including but not limited to compensatory, punitive, direct, indirect, incidental, consequential, special or similar damages, including, but not limited to damages arising from mistakes, omissions, interruptions, deterioration or corruption of files, deletion or corruption of e-mail, errors, loss of data, loss of profits, defects, viruses, and/or delays, that result from your use of or inability to use this website, resulting from acts including but not limited to acts of God, network failure, hardware or software failure, theft, unauthorized access, Etonien’s negligence or your own errors and/or omissions, and any other cause, even if Etonien has been advised of the possibility of such damages. You agree that this section applies to all content, goods and services available through this website. In any jurisdiction where exclusion or limitation of liability for any type of damage is prohibited, Etonien’s liability is limited to the maximum extent allowed by that jurisdiction.

10.  Indemnity

You agree to indemnify Etonien from any damages, losses, costs, or expenses that it may incur as a result of your use of the Site or your use of the content, goods and/or services available through the Site.

11.  Severability

If any provision of these terms of use is held invalid or unenforceable in whole or in part, that provision shall be ineffective without affecting the validity or enforceability of the remaining provisions of these Terms.

12. Governing Law; Venue & Jurisdiction

Claims relating to the Site, to the use of this Site, and to the information content, material, goods and services available through the Site are governed by the laws of the State of California. You unconditionally, voluntarily, and irrevocably consent to submit to the exclusive jurisdiction and venue of the courts of Los Angeles County, California for any litigation concerning the Site and your use of the Site. You agree not to contend that the County of Los Angeles, State of California is a forum non-conveniens in any such litigation.

13.  Integration Clause

You hereby acknowledge that these terms of use, including all documents referenced herein, represent the entire understanding between you and Etonien concerning your use of the Site, and the content, products and services available on the Site.