Terms & Conditions of Use

Updated July 24, 2007

Welcome to BKinOC.com ™ (referred to as "BKinOC", "we", and "our").  Before you begin to use the BKinOC.com website ("Website", or “BKinOC Website"), please review this Terms and Conditions of Use ("Agreement").  This Agreement describes the terms and conditions applicable to your use of the BKinOC website and the products and services provided through or in connection with the BKinOC Website (collectively, "Service").  These terms may be updated by BKinOC from time to time without notice to you.  We may also offer other services that are governed by different Terms of Service or Terms of Use.  You must read and agree with all the terms and conditions contained in this Agreement as well as BKinOC Privacy Policy then in effect ("Privacy Policy"), which is incorporated by reference before you use the Service.  If you do not agree to be bound by the terms and conditions in this Agreement, you may not use or access the Service.

1. Purpose of Website.

This Website is a service made available by BKinOC. The information in the Website is for educational purposes, and to give you general information and a general understanding of bankruptcy law in the United States and local bankruptcy information for Orange County, California.  The Website does not provide specific legal advice. Although care has been taken to provide accurate and current information, the general principles and information presented at this Website may be inaccurate due to changes in local, state and/or federal laws, regulations, and court cases. Because the law constantly changes and varies from jurisdiction to jurisdiction, and is subject to varying interpretations, the reader is urged to consult professional legal counsel in his or her state regarding the applicability of any points of law discussed at this Website to any specific problem. You acknowledge that BKinOC does not provide legal advise in connection with the Service and that BKinOC is not a party to any agreement that you may make with attorneys, whether located through our Service or not. You further acknowledge that BKinOC is not acting as your agent or representative is any sense and is not recommending any products or services to you.  This site should not be used as a substitute for competent legal advice from a licensed attorney.

2. Attorney Listings.

This Website contains a searchable directory (the "Directory") of attorneys and their law firms ("Listed Attorneys"). The Listed Attorneys provide the information in the Law Directory.  From time to time we may, at our sole discretion, augment the list with additional attorneys. BKinOC does not warrant the validity of the information, nor does it guarantee the quality of the work product of the Listed Attorneys. The determination of the need for legal services and the choice of an attorney or law firm are important decisions and should not be based solely upon listings or a Listed Attorney’s self-proclaimed areas of practice. BKinOC does not review the content of the listings that are provided by the Listed Attorneys or any links to the Website. BKinOC is not responsible for any material or information contained in the linked sites or provided by Listed Attorneys. A description or indication of limitation of practice by an attorney does not mean that any agency or board has certified such attorney as a specialist or expert in any indicated field of law, nor does it mean that such attorney is necessarily any more expert or competent than any other attorney. All users of the Website are encouraged to make their own independent investigation and evaluation of any Listed Attorney they might consider hiring for professional legal advice.

3. Limited License; Permitted Uses.

You are granted a personal, non-exclusive, non-transferable, revocable license (1) to access and use the Website strictly in accordance with these Terms and Conditions of Use; (2) to use the Website and Directory solely for internal, personal, non-commercial purposes; (3) to print out discrete information and search results from the Website and Directory solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other notices contained therein and provided.

4. Restrictions and Prohibitions on Use.

Your license to access and use the Website and Directory are subject to the following restrictions and prohibitions on use. You may not (1) copy, print (except for the express limited purpose permitted by paragraph 3, above), republish, display, transmit, distribute, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Website, Directory or any information or materials retrieved therein; (2) use the Directory or any other materials from the Website to develop, or as a component of, an information storage and retrieval system, database, information source, or similar information resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (3) create compilations or derivative works of the Directory or any other materials from the Website; (4) use the Directory or any other materials from the Website in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of BKinOC or any third parties; (5) remove, change, or obscure any copyright notice or other proprietary notice or terms of use contained in the Website; (6) make any portion of the Website or Directory available through any other service including timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future; (7) remove, disable, defeat or change any functionality or appearance of the Website; (8) decompile, disassemble or reverse engineer any Website software or use any network monitoring or discovery software to determine the site architecture; (9) use any automatic or manual process to harvest information from the Website; (10) use the Website or Directory for the purpose of gathering information for or transmitting (a) unsolicited commercial email; (b) email that makes use of BKinOC's name or trademarks, including in connection with invalid or forged headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (c) unsolicited telephone calls or facsimile transmissions; (d) uses, directly or indirectly BKinOC’s computer systems in any manner: (11) use the Website or Directory in a manner that violates any state or federal law regulating commercial email, facsimile transmissions or telephone solicitations; and (12) export or re-export the Website or any portion thereof, or any software available on or through the Website, in violation of the export control laws and regulations of the United States.

5. No Legal Advice or Attorney-Client Relationship.

Information contained on or made available through the Website is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance and no attorney-client relationship is formed. Nothing submitted to this Website is treated as confidential. BKinOC does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to the Website. Your use of information on the Website or materials linked from the Website is entirely at your own risk. BKinOC is not a law firm and the Website is not an Attorney Referral Service. BKinOC does not receive any portion of any attorney's or law firm's fees and any arrangements subsequently made by you and any attorney or law firm are strictly between you and such party and do not involve BKinOC in any way.

6. No Solicitation.

You shall not distribute on or through the Website or to any persons or entities identified via the Website any content or material containing solicitations or advertising of any kind without the express prior written permission of the BKinOC. In interactive forums made available through this Website, you may discuss or recommend third-party Websites, goods or services, so long as you have no financial interest in and receive no direct or indirect benefit from such Websites, products or services, or the recommendation of such.  If you are an attorney, participating in any aspect of this Website, including but not limited to, message boards, chat rooms or email forums you acknowledge that rules of professional conduct apply to all aspects of your participation and that you will abide by such rules. The rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of law, and misrepresentations of fact. BKinOC disclaims all responsibility for your compliance with these rules. You further agree and acknowledge that when you participate in any interactive area on the Website, including but not limited to email forums, chat groups and message boards, you will not offer legal advice and will not solicit employment from prospective clients.

7. Postings.

You agree not to post, publish, upload or distribute in the interactive areas on this Website any messages, data, information, text, graphics, links or other material ("Postings") which are unlawful or abusive in any way, including but not limited to any Postings that are defamatory, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, or the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, either intentionally or unintentionally. BKinOC may delete your Posting or terminate your account at any time for any reason without permission from you. Participants shall not misrepresent their identity or their affiliation with any person or entity.

8. Intellectual Property Rights.

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further agree that all materials and/or content, including, but not limited to, articles, artwork, screen shots, graphics, logos, text, drawings and other files on the BKinOC Website or as part of the Service are copyrights, trademarks, service marks, patents or other proprietary rights of BKinOC or their respective intellectual property owners. Except as expressly authorized by BKinOC, you agree not to modify, copy, reproduce, sell, distribute or create derivative works based on or contained within the BKinOC Website, the Service or the Software, in whole or in part.

Except for the limited license contained in paragraph 3 above, nothing in these Terms and Conditions of Use grants or should be construed to grant any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in this Website, its content and any necessary software used in connection with the Service belong to BKinOC, its licensors, or Listed Attorneys, as applicable.

9. Copyright and Trademark Notice Information. 

All content of the BKinOC Website is protected under copyright: Copyright © 2007 BKinOC.com and/or its Clients and third party vendors. All rights reserved. BKinOC trademark and other BKinOC logos and product service names are trademarks of BKinOC ("BKinOC Marks"). Without BKinOC’s prior written permission, you agree not to display or use in any manner, the BKinOC Marks. All other logos or brand names shown on the Service are trademarks of their respective owners and/or licensors.

10. Linking to the Website.

You may provide links only to the homepage of this Website, provided (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Website, (b) you give BKinOC notice of such link by sending an e-mail to BKinOC@gmail.com and (c) you discontinue providing links to this Website immediately upon request by BKinOC. If you wish to provide links to a section within the Website, you should forward your request to BKinOC at BKinOC@gmail.com.

11. Advertisers.

This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. BKinOC will not be responsible for the illegality of or any error or inaccuracy in any advertiser's or sponsor's materials.

12. Registration.

Certain sections of this Website may require you to register. If registration is requested, you agree to provide BKinOC with accurate, complete registration information. Your registration must be done using your real name and accurate information, even if the feature permits you to post a question anonymously or interact using a screen name. It is your responsibility to inform BKinOC of any changes to that information by emailing BKinOC@gmail.com. Each registration is for your personal use only, unless specifically designated otherwise on the registration page. BKinOC does not permit (a) any other person using the registered sections under your name; or b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify BKinOC immediately by emailing BKinOC@gmail.com.

13. Errors and Corrections.

BKinOC does not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. BKinOC does not warrant or represent that the information available on or through the Website will be correct, accurate, timely, or otherwise reliable. BKinOC may make improvements and/or changes to its features, functionality or content of the Website at any time.

14. Third-Party Content.

Third-party content may appear on this Website or may be accessible via links from this Website. BKinOC shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Website. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it reflect the belief of BKinOC.

15. DISCLAIMER.

THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS. BKINOC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BKINOC DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE.

16. LIMITATION OF LIABILITY AND DAMAGES.

BKINOC SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE. BKINOC SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (A) THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT; AND (B) YOUR PARTICIPATION IN A CHAT ROOMS, MESSAGE BOARDS OR EMAIL FORUMS. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, BKINOC'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.

17. Unlawful Activity.

BKinOC reserves the right to investigate complaints or reported violations of our Terms and Conditions of Use and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

18. Indemnification.

You are solely liable for any content, messages or other information you transmit, provide or upload to the Website. You agree to indemnify and hold harmless BKinOC from any third party claim, action, demand, loss, or damages (including attorney's fees and costs) arising out of or relating to your violation of these Terms and Conditions of Use, your use of the Website, or your violation of any rights of a third party.

19. Remedies for Violations.

BKinOC reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use, including but not limited to the right to block access from a particular Internet address to any of the BKinOC's Websites and their features.

20. Governing Law, Jurisdiction and Non-Waiver.

These Terms and Conditions of Use are governed by and construed in accordance with the laws of the State of California and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Orange County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

21. Waiver.

The failure of either party to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of these Terms and Conditions of Use.

22. Privacy.

Your use of the Website is also subject to BKinOC's Privacy Policy, which you link to by clicking here: Privacy Policy.

23. Severability of Provisions.

These Terms and Conditions of Use incorporate by reference all notices and disclaimers contained on the Website and constitute the entire agreement between you and BKinOC with respect to access to and use of the Website. If any provision of these Terms and Conditions of Use is found unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

24. Modifications to Terms of Use.

BKinOC reserves the right to change these Terms and Conditions of Use at any time. Updated versions of the Terms and Conditions of Use will appear on this Website and are effective immediately. You are responsible for regularly reviewing the Terms and Conditions of Use. Continued use of the Website after any such changes constitutes your consent to such changes.