Terms of Use

These Terms of Use ("Terms"), which include this site's Privacy Policy and the terms and conditions below, governs your use of the website at www.cloudburstcounsel.com and all subdomains (collectively, the "Site").   These Terms are effective as of February 5, 2020, and you may use the Site subject to these Terms.  By using the Site after the effective date, you agree that you have read, understand, accept, agree to be bound, and are bound by these Terms.  To the extent permitted by applicable law, we may modify these Terms without prior notice to you, and any revisions to these Terms will take effect when posted on the Site (unless otherwise stated).  If you do not agree to be bound by these Terms, then do not use the Site.

Cloudburst Counsel, LLC ("we" or "our") is based in Colorado in the United States of America.  The servers that host the Site are based in the United States, and any information you provide through the Site -- including personal information such as your name or email address -- will be processed within the United States. Please see our Privacy Policy for further information regarding the use of such data.

No Legal Advice or Relationship

The content in the Site is provided for informational purpose only.  Nothing in the Site constitutes or is intended to constitute legal advice.  Every situation is different, and the application of facts to law (and law to facts) requires expertise and requisite knowledge of both.  In addition, information on the Site may not apply to you or within the legal jurisdiction in which you reside.  You should seek direct legal advice for your particular situation before relying on or attempting to apply any information on the Site.

Likewise, your use of the Site, including your use of its "Contact" feature or posting of comments, does not create an attorney-client relationship between you and Cloudburst Counsel or Margo Berkowitz.  We have an established process for accepting new clients, which includes signing an engagement letter and ensuring that an engagement will satisfy the Rules of Professional Conduct for Colorado attorneys.  Ms. Berkowitz is licensed to practice law in the states of Colorado and California.

Communications
Any un-solicited communication you send to Cloudburst Counsel or Ms. Berkowitz via the Site or otherwise, including email or use of the Site's Contact form, will not be considered confidential.  Any content you post on the Site will not be confidential.  The attorney-client privilege will not apply, because as noted above, your use of the Site does not create an attorney-client relationship.  All communications to Cloudburst Counsel and all content posted on the Site will be treated as described in the Privacy Policy.

No Advertisement or Solicitation

The Site is not, and is not intended to be, an advertisement or a solicitation of business.

Ownership of Site Content

Cloudburst Counsel and its licensors own and retain all of their right, title and interest in and to the copyrights, trademarks, patent rights, trade secrets and all other intellectual property rights in and to the content of the Site. Cloudburst Counsel's  name and logo are trademarks of Cloudburst Counsel, LLC.  Your use of the Site does not convey upon you any ownership or other right to the content of the Site beyond your ability to use the Site, subject to these Terms.  You must not copy, reproduce, sell, publish, distribute, modify, create derivative works from, display, sell or use the content of the Site for any commercial purpose or except as permitted in these Terms.

Ownership of Your Content

All content posted on the Site will be publicly displayed.  Submissions using the Site's Contact form or email capabilities are not publicly displayed.  If you post content on the Site, you own that content.  However, by posting content on the Site, you grant to each Cloudburst Counsel and Margo Berkowitz a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such content and your name, voice, and/or likeness as contained in your content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site and Cloudburst Counsel's (and its successors’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.  You also hereby grant each other person who accesses the Site a non-exclusive license to access your content through the Site, and to use, reproduce, distribute, display and perform such content, only to the extent permitted through the normal functionality of the Site.

You agree and warrant that you own or have the right to post all content that you post to the Site.  You warrant that by posting such content, you are not violating third-party rights of any kind, including and intellectual property rights. You warrant that you have the right to grant the licenses described above for all content you post on the Site.

Cloudburst Counsel may remove content -- including comments you post -- for any reason, or no reason at all, in its sole discretion. 

Use of the Site

You may use the Site for informational purposes only.  You may also use the Contact feature of the Site to contact us.  You may not use the Site for any commercial purpose or any other purpose not specified herein.  You may not post content that is vulgar, profane, obscene, threatening, illegal, pornographic, confidential, or that violates a third party's intellectual property rights.

Warranty Disclaimers

YOU AGREE NOT TO RELY ON THE SITE, ANY INFORMATION ON THE SITE, OR ITS CONTINUATION FOR ANY PURPOSE.  THE SITE, ITS CONTENT, AND ALL LINKS ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). 
 
SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES; TO THE EXTENT THAT IS TRUE IN YOUR STATE OR JURISDICTION, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitations of Liability

CLOUDBURST COUNSEL'S AND MARGO BERKOWITZ'S ENTIRE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH EITHER (OR BOTH) RELATED TO OR ARISING FROM THE SITE, IS TO DISCONTINUE YOUR USE OF THE SITE.  NEITHER CLOUDBURST COUNSEL NOR MARGO BERKOWITZ WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SITE, EVEN IF EITHER PARTY WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES.  IN A STATE WHERE SUCH LIMITATIONS ARE NOT ALLOWED, THE LIABILITY FOR CLOUDBURST COUNSEL AND MARGO BERKOWITZ WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.  IF THE ABOVE PROVISIONS ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY FOR CLOUDBURST COUNSEL AND MARGO BERKOWITZ WILL BE LIMITED TO: (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK, OR (2) REFUND OF ANY FEES FOR THE SITE PAID BY YOU TO CLOUDBURST COUNSEL.

Choice of Law / Venue

These Terms are governed by the laws of the State of Colorado, without regard to its choice of law rules. You agree that jurisdiction and venue for any claim or dispute you may have against Cloudburst Counsel or Margo Berkowitz are the State of Colorado courts located in Denver County, Colorado, and the United States federal courts located in Denver, Colorado, and both parties hereby submit to the exclusive personal jurisdiction of such courts.

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