- Disclaimer – No Legal Advice or Representation. The Content made available at this Site is provided solely for informational and educational purposes. It is not legal advice and should not be regarded as such. User’s use of this Site does not create any attorney-client relationship, “special relationship” fiduciary relationship, or similar legal relationship based upon trust and confidence or superior knowledge, as those terms are understood under State and Federal laws. The prior sentence shall be deemed to apply even though User may have been, or is, a client of Provider. In other words, this Site should not be used or construed as an adjunct or legal resource to use simply because he or she is, may be, or will be a client of Provider or Phillip C. Querin. If you are in need of legal advice to assist you in dealing with a particular issue or making a particular decision, you should contact your own private attorney for a full, factual, and reliable legal consultation. This Site should not be used in lieu of securing specific legal advice to any particular issue or problem. You should not send Provider, its member, agents, employees, contractors, representatives, or attorneys (via any means of communication, including electronic, telephonic, written, or otherwise) any private or confidential information about you, or your specific factual or legal issue. Use of and access to this Site or any of the links contained within the Site do not create an attorney-client relationship between QUERIN LAW, LLC and User or anyone affiliated with Provider by law, family, employment or otherwise, and will not prevent Provider from providing legal services in connection with the matter in question or any related or unrelated matter to a party that is, or may be, adverse to User. The statements, opinions, representations or any other formal or informal expressions found on this Site are opinions exclusively of the author and do not necessarily reflect those of Provider or any attorney associated or affiliated with Provider, directly or indirectly, or its member, agents, employees, contractors, representatives, or attorneys. Provider’s statements, opinions, representations or expressions are Provider’s own, and do not necessarily reflect those of Provider’s clients, or members, employees, officers, directors, affiliates, or customers of Provider’s clients.
- Disclaimer – No Standard of Care or Best Practices. The statements, expressions, representations, suggestions, recommendations, or other forms of opinion contained on this Website, regardless of how expressed, shall not be construed, cited (in court or otherwise), quoted, relied upon or referenced by User, as establishing or recognizing the existence of any specific standard of care for any industry, for which the failure to comply represents any form of malpractice, negligence, breach of fiduciary duty, or other failure to meet any professional standards or best practices applicable to that industry. For determining an applicable standard of care or best practice in a specific factual or legal situation, User should personally consult with one or more experts familiar with the field in question.
- AS-IS – No Warranties or Guarantees. This Site, all information, data, opinions, and all other Content found directly or indirectly on or through it, by links or otherwise, is/are provided “AS-IS,” without warranty, express or implied. Provider and all authors, employees, lawyers, and others whose information or material have been placed on the Site by Provider, make no warranties, representations or claims of any kind, express or implied, concerning the quality, accuracy, or currency of information, data, or other material, presented on or through this Site, by links or other references.
- Limitation of Liability. User’s use, access, browsing, or reading of this Site is at User’s own risk. Although Provider is an Oregon limited liability corporation and its sole member is an Oregon licensed attorney, the Content contained herein is not proffered, implied, offered, suggested or represented as constituting current or complete legal information upon which User may rely in his, her or its specific legal affairs. User should always consult with an expert qualified in their specific field for the most current and accurate real-time information. The Content on this Site can and will be changed, updated, deleted (and perhaps corrected) from time- to-time and may be without prior notice to User. Neither Provider, Phillip C. Querin, nor any of its/his employees, agents, contractors, vendors, representatives, contributors, or other attorneys with whom he may be directly or indirectly affiliated, or who may have provided Content to this Site, is/are responsible for any errors or omissions in the Content of this Site or for any damages (including but not limited to general, special, emotional, economic or non-economic, punitive or otherwise) arising directly or indirectly from the use or performance of this Website or any reliance upon the Content contained herein.
- Claims; Dispute Resolution; Jurisdiction; Venue and Liquidated Damages. By use of this Website, User understands and agrees that all claims, controversies and disputes in tort (including defamation), contract, statute (including Unlawful Trade Practice Claims), rule, regulation, or otherwise, whether for general, special, emotional, statutory, or punitive damages or injunctive relief against Provider, Phillip C. Querin, or his employees, agents, contractors, representatives, affiliated attorneys, authors, Website and service Providers or vendors, related directly or indirectly to any Content or reliance or use of Content (hereinafter collectively referred to as “Claim” or “Claims”), shall be submitted to final, binding, non-appealable private arbitration in accordance with Oregon laws. In no event shall the prevailing party be awarded attorney fees, in contract, tort, or statute (including the Unlawful Trade Practices Act). Venue for such arbitration shall be in Portland, Oregon and such proceeding shall be in accordance with the then-existing rules of arbitration of Arbitration Service of Portland. Note that filing for arbitration shall not be treated the same as filing in court for purposes of meeting any applicable statutes of limitation.
Provided, however, if User brings any Claim against Provider, Phillip C. Querin, his employees, agents, contractors, representatives, contributing authors, affiliated attorneys, Website and service providers or vendors is based upon any of this Website’s Content, User agrees that:
- The statute of limitations shall be deemed to commence on the date that the Content first appeared on this Site, regardless of when User first accessed it; and
- Prior to the filing of any Claim or complaint in arbitration, court, or any Realtor® board or association, User, or User’s legal representative, must first make written request by regular and certified mail (return receipt requested) to Provider at 150 SW. Harrison St., Suite 50, Portland, Oregon 97201, that the Content in question (hereinafter “Objectionable Content”) be removed from the Site, together with an explanation of the legal basis for such requested removal.
- If the Objectionable Content is removed by Provider within five (5) business days following Provider’s actual receipt of such written request, User’s Claim shall be deemed fully satisfied and settled with no further suit, action, arbitration or complaint, and User shall withdraw or dismiss such Claim from all forums (legal or otherwise) on which it was placed or filed by User.
- In addition, User agrees that if the Objectionable Content is timely removed, no other complaint shall be made to any state or federal regulatory agencies (including the Oregon State Bar and the Oregon Real Estate Agency), Realtor® associations or boards.
- If any such Claim has already been filed by User or User’s legal representative, it shall be legally stayed or otherwise abated, until the written demand has been sent, and Provider has been given the five (5) business day opportunity to remove the Objectionable Content, as discussed above.
- Only if the Objectionable Content is not timely removed may User’s complaint or Claim proceed in arbitration, court, or any other forum for which resolution of the Claim may be filed or placed.
- User agrees that damages would be difficult to calculate in the event of a Claim, and accordingly, User agrees that User’s sole damages under any legal theory of damage, shall be User’s actual damages or $1,000, whichever is less.
BY CONSENTING TO THE ABOVE PROVISIONS IN THIS SECTION 7, USER UNDERSTANDS AND AGREES THAT: (1) ANY AND ALL CLAIMS SHALL BE HEARD AND DECIDED BY ONE OR MORE NEUTRAL ARBITRATORS AND USER IS GIVING UP THE RIGHT TO HAVE THE MATTER TRIED BY A JUDGE OR JURY AND THAT ARBITRATION DECISIONS ARE FINAL AND BINDING AND THAT RIGHTS OF REVIEW OR APPEAL ARE LIMITED UNDER OREGON LAW; (2) USER’S MAXIMUM DAMAGE AWARD AGAINST PROVIDER, PHILLIP C. QUERIN, HIS EMPLOYEES, AGENTS, CONTRACTORS, REPRSENTATIVES, CONTRIBUTING WEBSITE AUTHORS, AFFILIATED ATTORNEYS, SERVICE AND WEBSITE PROVIDERS AND VENDORS IS LIMITED TO A MAXIMUM OF $1,000 (REGARDLESS OF HOW LONG THE CONTENT WAS ON THE SITE); (3) THE APPLICABLE STATUTE OF LIMITATIONS ON ANY CLAIM SHALL COMMENCE WHEN THE OBJECTIONABLE CONTENT FIRST APPEARED ON THE SITE, REGARDLESS OF WHEN USER FIRST ACCESSED IT; AND (4) USER SHALL FOREGO AND RELEASE PROVIDER, PHILLIP C. QUERIN, HIS EMPLOYEES, AGENTS, CONTRACTORS, REPRSENTATIVES, CONTRIBUTING AUTHORS, AFFILIATE ATTORNEYS, SERVICE AND WEBSITE PROVIDERS AND VENDORS IF THE CONTENT IN QUESTION IS REMOVED FROM THE SITE BY PROVIDER WITHIN FIVE (5) BUSINESS DAYS FOLLOWING THE DATE OF pROVIDER’S actual RECEIPT OF WRITTEN DEMAND (WITH ACCOMPANYING LEGAL BASIS) FOR DOING SO.
Copyright Notice. All Content, including but not limited to copyrightable text and graphics, the selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of this Website are the sole proprietary rights of QUERIN LAW, LLC, Phillip C. Querin and the authors who contributed the content to the Site. All commercial uses (as defined in Section 2 above) of the Content, including but not limited to copying, distribution, retransmission, or modification of information or materials on this Site, whether in electronic or hard copy form, without the prior written permission of QUERIN LAW, LLC, is strictly prohibited. Permission to download and print materials is limited solely to non-commercial purposes as that term is used in Section 2, above. For more information on permitted uses, go to Copyright Policy link here.
- Site Not Advertising or Solicitation. User understands and agrees that the Content on this Site does not constitute an advertisement or solicitation to provide any professional services, including but not limited to legal services. Additionally, User understands and agrees that this Site does not constitute an endorsement of any attorney, law firm, Realtor®, real estate licensee, brokerage, or any other professional. Nther Provider. Phillip C. Querin, nor any of the other contributors to this Site represent that use of the Content will result in any particular outcome. User should not rely upon any of the Content on this Site as a representation, warranty, or guarantee that any particular attorney, law firm, Realtor®, real estate licensee, brokerage, or any other professional, can or will achieve any particular result. User’s use of this Site is at User’s sole and exclusive risk. User should always consult with his or her own legal or tax counsel or other qualified professional for direction, consultation, and/or legal advice in all specific situations. Neither Provider, Phillip C. Querin, or any other attorneys or content providers represent, warrant or guarantee any particular legal outcome to any disputes, transactions or other legal matters based upon the Content of this Site.
- IRS Circular 230 NOTICE: To be sure that you do not rely on advice that may not meet the “covered opinion” test in addressing federal tax issues and that we comply with IRS Circular 230 provisions, Querin Law, LLC and Phillip C. Querin’s e-mail and certain other written communications bear the following notice: IRS CIRCULAR 230 DISCLOSURE To ensure compliance with new requirements of the Internal Revenue Service, we inform you that, to the extent any advice relating to a Federal tax issue is contained in any firm communications, including all content, attachments and links on this Site, it was not written or intended to be used, and cannot be used, for the purpose of (a) avoiding any tax related penalties that may be imposed on you or any other person under the Internal Revenue Code, or (b) promoting, marketing or recommending to another person any transaction or matter addressed in this communication. PLEASE BE NOTIFIED THAT OUR LETTERS, E-MAILS, THIS WEBSITE, AND ALL ATTACHMENTS AND OTHER LINKS, ARE NOT INTENDED TO MEET THE “COVERED OPINION” TEST. WE DO NOT PROVIDE LEGAL ADVICE ON ANY FEDERAL , STATE, OR LOCAL TAX ISSUES..
Rev. December 2017