Terms & notices

Last Updated:  June 18, 2024 

Please review these terms of use and legal notices carefully before using the litterallaw.com website (the “Litteral site”). This is a legal agreement (the “Agreement”) between you (“You,”  “Your,” or “Yourself”) and Litteral LLP (“Litteral,” “We,” “Our,” “Us”) governing Your use of the Litteral Site. This Agreement incorporates by reference all additional terms, conditions, rules, and guidelines that are posted on the Litteral Site or are otherwise made available to You, including without limitation, Litteral’s Privacy Policy. 

WHILE THERE ARE IMPORTANT POINTS THROUGHOUT THIS AGREEMENT, PLEASE NOTE THAT THIS AGREEMENT CONTAINS A DISCLAIMER OF WARRANTIES, LIMITATIONS ON LITTERAL’S LIABILITY, AS WELL AS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER, AS SET FORTH IN SECTIONS 13, 14, AND 16. 

THIS AGREEMENT REQUIRES, WITH LIMITED EXCEPTION, THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS, CLASS ACTIONS OR OTHER COLLECTIVE PROCEEDINGS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

1.  Acceptance

By accessing or using the Litteral Site, You represent and warrant that You have read and understood, and agree to be bound by, the Agreement (on Your behalf or the entity that You represent) and that you have the right, authority, and capacity to enter into this Agreement (on behalf of Yourself or the entity that You represent). You may only access or use the Litteral Site if You are 18 years or older and legally qualified to enter into this Agreement.

IF YOU DO NOT AGREE WITH ALL THE PROVISIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS OR USE THE LITTERAL SITE.

2.  Changes

Litteral may, at any time and without further notice, revise this Agreement or the Privacy Policy by posting an amended version on the Litteral Site. Any changes will be effective immediately upon posting. Your continuing use of the Litteral Site thereafter will constitute agreement with such revisions. 

Litteral also may, at any time and without notice, modify or discontinue the Litteral Site, either temporarily or permanently. You agree to keep a permanent record of any information provided to Us.  You understand and agree that Litteral has no responsibility or liability for the deletion or failure to store any such content. You understand and agree that Litteral shall have no obligation of any sort in connection with any modification, suspension, or discontinuance of the Litteral Site, or any part thereof.

3.  Privacy Policy

Our Privacy Policy, which is incorporated by reference into this Agreement, can be viewed at https://www.litterallaw.com/privacy. Our Privacy Policy describes important information, including without limitation, how We collect, use, share, and otherwise process the personal information of individuals who visit the Litteral Site. 

4.  No Legal Advice

Nothing on the Litteral Site should be construed as legal advice or be used as a substitute for legal advice. The materials and information on the Litteral Site (the “Information”) are provided for general informational purposes only. While the Information may concern potential legal issues, the Information is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice or to substitute for obtaining legal advice from an attorney licensed in the appropriate jurisdiction.

Without limiting the foregoing, the Information may not reflect recent legal developments, may not be complete, and may not be accurate in or applicable to Your jurisdiction. Because the Information is general in nature and may not pertain to Your specific circumstances, You should not act or rely on any Information without obtaining the advice of an attorney licensed in the appropriate jurisdiction.

Litteral expressly disclaims all liability in respect to actions taken or not taken based on the Information.

5.  No Attorney-Client Relationship

The Litteral Site does not constitute or create an attorney-client relationship between You and Litteral. Litteral cannot serve as Your counsel in any matter unless You and Litteral expressly agree, in writing, that Litteral will serve as Your attorney. Specifically, Litteral will provide an engagement agreement setting forth the basis of the representation. Unless and until You have executed and returned that engagement agreement, and Litteral has confirmed its receipt, no attorney-client relationship exists.

You therefore understand and agree that Your use of the Litteral Site, or receipt of the Information, does not create an attorney-client relationship between You and Litteral. Similarly, the transmission of information by You to Litteral does not create an attorney-client relationship or constitute a privileged communication. 

6.  Submission of Information; Statute of Limitations

If you provide information to Litteral (including by email), You agree to refrain from sharing any confidential, proprietary, or sensitive personally identifiable information (e.g., Social Security number, credit card, bank account, or other financial information). You understand and agree that submission of confidential, proprietary, or sensitive personally identifiable information is at your sole risk and Litteral will not be liable or otherwise responsible for any consequences of your submission.

By submitting information to Us, you understand and agree that We, Our affiliates, or third parties providing services to Us, may contact You directly. By submitting Your information to Litteral, You understand and agree that Litteral is not obligated to contact you with regard to Your potential claim(s), but rather may do so at Our sole discretion.

If you intend to pursue any potential claim(s), You should be aware that the Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) may severely limit the time remaining for you to file any potential claims You may have. You are encouraged to seek and retain the advice of other counsel to avoid having Your potential case barred by the Statute of Limitations and/or other similar deadlines.

7.  Other Matters of Professional Responsibility

7.1  No Warranty of Results 

The Litteral Site may include descriptions of matters, which are not intended to create any unjustified expectations that similar results can be obtained for others. Prior results do not guarantee a similar outcome. The outcome of each legal case depends upon many factors, including the facts of the case, and no attorney can guarantee a positive result in any particular case.

7.2  No Advertising or Solicitation

The Litteral Site is not intended to be an advertisement or solicitation, but may be deemed an advertisement in certain jurisdictions. Litteral does not seek to represent anyone through the Litteral Site in a state where this website may not comply with all rules of professional responsibility and/or state law.

The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered.

7.3  Authorized Jurisdictions; Certifications

The members of Litteral LLP are licensed to practice in California. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services to be performed by other lawyers. 

Except as specifically stated, each Litteral attorney is not certified (including as a specialist) by any professional or government authority. Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a lawyer is a specialist or expert in a field of law, nor do they mean that such a lawyer is necessarily any more expert or competent than any other lawyer. A description or indication of limitation of practice does not mean that any agency or board has certified such lawyer as a specialist or expert in an indicated field of law practice, nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer.

7.4  Principal Office; Responsible Attorney

To the extent the State Bar Rules require designation of a principal office and/or single attorney responsible for this website, Litteral LLP designates Sean L. Litteral, Litteral LLP, 1401 21st Street, Suite 5414, Sacramento, CA 95811, as the attorney responsible for this website.

8.  Intellectual Property

You acknowledge that the Litteral Site and any necessary software used in connection with the Litteral Site may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You understand and agree that all right, title and interest (including all copyrights, trademarks, service marks and other intellectual property rights) in the Litteral Site belongs to Litteral, or Our licensors and affiliates, as applicable. 

Except for the limited license contained below in the “Limited License” Section 9, nothing in this Agreement grants or should be construed to grant any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights.   

Copyright © 2024 to the present, LITTERAL LLP. ALL RIGHTS RESERVED.

9.  Limited License

Litteral grants to You a limited, non-exclusive, non-transferable, revocable license (a) to access and use the Litteral Site solely in accordance with this Agreement; (b) to use the Litteral Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Litteral Site solely for internal, personal, non-commercial purposes and provided that You make no modifications and maintain all copyright and other notices contained therein. Any other use is strictly prohibited without Litteral’s prior written consent.

10.  Your Conduct

While accessing and using the Litteral Site, You must comply with all applicable laws, rules and regulations. You agree that You will not use the Litteral Site for any purpose that is unlawful or which could interfere with or impair the operation and functionality of the Site. Your access and use of the Litteral Site is further conditioned on your compliance with the following additional prohibitions. You agree that You will not:

(1) impersonate any person or Organization, or falsely state or otherwise misrepresent Your affiliation with any person or Organization, or express or imply that We endorse any statement You make;

(2) post, transmit, or otherwise make available content that You do not have the right to provide under any law, or which would put You in breach of a contractual or fiduciary obligation;

(3) reproduce, duplicate, copy, modify, adapt, translate, create derivative works of, reverse engineer, sell, resell, lease, loan, timeshare or otherwise commercially exploit any portion of, use of or access to the Litteral Site, without Litteral’s express prior written consent;

(4) attempt to gain unauthorized access to the Litteral Site, the server on which the Litteral Site is stored, or any server, computer or database connected to the Litteral Site;

(5) harvest, collect, gather or assemble information about other users of the Litteral Site;

(6) use the Litteral Site or any other materials from the Litteral Site in any manner that may infringe any privacy, copyright, intellectual property right, proprietary right, or property right of Litteral or any third parties;

(7) post, transmit, or otherwise make available through or in connection with the Litteral Site any material that is or may be: (a) damaging, threatening, abusive, harassing, degrading, hateful or intimidating, or that otherwise fail or may fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent, or otherwise tortious; (c) obscene, indecent, pornographic, or otherwise objectionable; (d) harmful to minors in any way; (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner; or (f) in violation of any law, regulation, or restrictions imposed by any third party;

(8) post, transmit, or otherwise make available through or in connection with the Litteral Site any  viruses, Trojan horse, worm, logic bombs, malicious code, spyware, or other potentially harmful or destructive content;

(9) use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatar’s or intelligent agents) to navigate or search the Litteral Site, other than generally available standard third-party web browsers and the search engine and search agents available from the Litteral Site;

(10) use any device that is intended or is likely to disrupt, overload, or otherwise impair the workings of any part of the Litteral Site or any activity being conducted on the Litteral Site;

(11) remove, disable, defeat or change any functionality or appearance of the Litteral Site;

(12) harm the goodwill or standing of Litteral or any of its clients, partners, employees, affiliates, agents, contractors, or representatives;

(13) attempt to restrict or interfere with the use of the Litteral Site by any other user;

(14) violate this Agreement or any applicable law or regulation.

Litteral reserves the right to cooperate fully in any investigation by law enforcement officials of any violation of this Agreement.

11.  Third Party Content

Litteral may hyperlink to or otherwise make third party information available on the Litteral Site. This is done solely for the purposes of convenience. Litteral does not endorse or warrant in any way the information, material, products or services contained on or accessible through such third party sites, or any practices of such sites. Litteral does not have control over those sites and is not responsible for their content. We do not verify or warrant the information on them.

You understand and agree that Your linking to other sites, Your use of such sites, and Your use of any information, material, products and services offered by such sites, are solely at Your own risk and subject to any additional terms, conditions and policies applicable to such third party content (such as terms of service or privacy policies of the providers of such third party content).

You understand and agree that by consenting to such third party interactions, You bear all risks and Litteral is not responsible for any loss or damage that you may incur from dealing with a third party.

12.  Termination

By using the Litteral Site, You do not acquire any rights to the Litteral Site other than the limited license to use the Litteral Site (as set forth in “Limited License” Section 9 above) that can be terminated in accordance with this Section. You understand and agree that We, in Our sole discretion, may terminate Your use of the Litteral Site, for any reason and without notice. You acknowledge and agree that Litteral may immediately delete Your account and all related information to Your account. Further, You understand and agree that Litteral shall not be liable to You or any third party for any termination of Your access to the Litteral Site.

13.  Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR ACCESS AND USE OF THE LITTERAL SITE IS AT YOUR OWN RISK. ALL CONTENT AND SERVICES ON THE LITTERAL SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 

LITTERAL MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE LITTERAL SITE, OR THE INFORMATION OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LITTERAL SITE. FOR EXAMPLE, LITTERAL MAKES NO REPRESENTATION OR WARRANTY THAT SUCH CONTENT OR SERVICES WILL BE (i) TIMELY, SECURE, OR UNINTERRUPTED; (ii) ACCURATE, COMPLETE, OR OTHERWISE RELIABLE; (iii) ABLE TO MEET YOUR NEEDS OR EXPECTATIONS; OR (iv) FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE LITTERAL SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, LITTERAL DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. 

14.  Limitation of Liability

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT, LITTERAL SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THE LITTERAL SITE, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR INCOME, LOST BUSINESS, LOSS OF GOODWILL, LOSS OF USE, LOSS OR CORRUPTION OF DATA, OR FAILURE TO REALIZE EXPECTED SAVINGS.

THIS DISCLAIMER APPLIES REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF LITTERAL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO, WITHOUT LIMITATION, ANY DAMAGES OR INJURY ARISING FROM (i) THE USE OF, OR THE INABILITY TO USE, THE LITTERAL SITE; (ii) ANY FAILURE OF PERFORMANCE; (iii) ANY ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS OF CONTENT; (iv) ANY UNAUTHORIZED ACCESS TO, LOSS OF, DELETION OF, OR ALTERATION OF ANY RECORD OR DATA; (v) ANY TRANSMISSION ERRORS OR INTERRUPTION OF TRANSMISSION TO OR FROM THE LITTERAL SITE OR SERVICES; (vi) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE LITTERAL SITE OR SERVICES BY ANY THIRD PARTY; (vii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE LITTERAL SITE; (viii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE LITTERAL SITE; OR (ix) ANY OTHER MATTER RELATING TO THE LITTERAL SITE.

YOU ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ALL HARMS, WHETHER TO YOU OR TO ANY THIRD PARTY, ARISING OR RESULTING FROM YOUR USE OF THE LITTERAL SITE. YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH THE LITTERAL SITE IS TO REFRAIN FROM USING THE LITTERAL SITE.

SUBJECT TO THE FOREGOING, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF LITTERAL UNDER ALL CIRCUMSTANCES WILL BE THE AMOUNT PAID BY YOU TO LITTERAL DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE, OR, IF GREATER, TEN DOLLARS ($10). THE EXISTENCE OF MORE THAN ONE CLAIM DOES NOT ENLARGE THIS LIMIT.

YOU AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT, AND THAT THE LITTERAL SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

15.  Indemnity

You agree to defend, indemnify, and hold harmless Litteral and its partners, employees, affiliates, agents, contractors, and representatives from and against all claims, losses, costs, damages, liabilities, and expenses (including without limitation attorneys’ fees) arising out of or relating to: (i) Your use of the Litteral Site; (ii) Your connection to the Litteral Site; (iii) Your submission to Litteral by means of the Website of incomplete, inaccurate or untimely information or other data; (iv) any violation by You of this Agreement; or (v) Your violation of any rights of another person. 

16.  Dispute Resolution; Arbitration Provision & Class Action Waiver

THIS AGREEMENT LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS OR OTHER REPRESENTATIVE CLAIM.  OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

16.1 Governing Law

You agree that any dispute arising out of or in connection with the Litteral Site or this Agreement will be governed by the laws of the United States (including federal arbitration law) and the State of California without reference to conflict of laws principles that would require the application of the laws of any other jurisdiction.

16.2 Statute of Limitations

You understand and agree that regardless of any statute or law to the contrary, to the maximum extent permitted by applicable law, any claim or cause of action arising out of or related to use of the Litteral Site, this Agreement and/or the relationship between You and us must be filed within one (1) year after such claim or cause of action arose or be forever waived and barred.

16.3 MANDATORY Notice of Dispute & Informal Dispute Resolution Process

Prior to submitting any dispute or claim to arbitration for resolution, You and Litteral agree to make a good faith effort to resolve it informally.

Before initiating an arbitration, You and Litteral each agree to first provide the other with a detailed written notice (“Notice of Dispute”). The Notice of Dispute must include: Your or Our name and contact information (address, telephone number, and email address); a detailed description of: (i) the nature and basis of the Dispute, with any relevant documents and supporting information; and (ii) a statement of the specific relief sought (including a detailed calculation of any damages).  You agree to send this written notice to info@litterallaw.com, with “Informal Dispute Resolution” in the subject line. 

You or Litteral must personally sign the Notice of Dispute. A personal signature must be handwritten and does not include any digital or electronic signature. By personally signing the Notice of Dispute, You or Litteral certify that: (1) the Notice of Dispute is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or impose unnecessary costs (including arbitration fees); (2) the Dispute has legal support and is not frivolous; and (3) the factual contentions have evidentiary support, or if so specified, will have evidentiary support after a reasonable opportunity for further investigation.

If requested by the party that receives the Notice of Dispute, the other party must personally appear at and participate in a telephone settlement conference (if a party is represented by counsel, counsel may also participate) to discuss the Dispute.

For a period of 60 days from the date of receipt of a complete Notice of Dispute, You and Litteral agree to make attempts to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until the 60-day post-notice resolution period expires, which period may be extended by agreement of the parties. If an agreement cannot be reached within 60 days of receipt of the Notice of Dispute, You or Litteral may commence an arbitration proceeding, consistent with the process set forth below.

Compliance with and completion of this informal dispute resolution process is a condition precedent to filing any formal dispute resolution proceedings, including a demand for arbitration. You and Litteral agree to toll any applicable statute of limitations deadlines while the parties engage in this informal dispute resolution process from the date notice is received, provided that You have complied with these Terms. You or Litteral may elect to raise non-compliance with this informal dispute resolution process and seek relief in arbitration.

16.4 Mandatory Arbitration & Waiver of Certain Rights

YOU AND LITTERAL AGREE THAT, EXCEPT AS SET FORTH BELOW, ALL DISPUTES ARISING OUT OF OR IN CONNECTION WITH THE THIS AGREEMENT, THE LITTERAL SITE, OR ANY ADVERTISING, WILL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR, INSTEAD OF IN A COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. YOU AGREE THAT YOU AND LITTERAL ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING.

The arbitration will be heard and determined by a single arbitrator. The arbitration will be administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, as amended by this agreement. The JAMS Streamlined Arbitration Rules & Procedures are available online at https://www.jamsadr.com/rules-streamlined-arbitration/. You agree to carefully read those rules, which detail important information including without limitation, each party’s share of fees and the arbitrator’s authority to decide jurisdictional and arbitrability disputes.

In connection with such arbitration, the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request that an in-person hearing is appropriate. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law.

The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement, including without limitation a claim that all or any part of this agreement is void or voidable.

The award of the arbitrator may allocate attorneys’ fees and expenses and interest.  The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction.

You and Litteral have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you or Litteral from seeking action by federal, state or local agencies. 

All claims shall be brought solely in the parties' individual capacity, and not as a plaintiff or class member in any purported class, group, representative, or collective proceeding.  Unless both you and Litteral agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section will continue in full force and effect.  If any of the limitations relating to non-individualized relief; class or other representative claims; and consolidation are deemed unenforceable with respect to a particular claim or with respect to a particular request for relief, and the decision is final, then the parties agree that that particular claim or request for relief may proceed in court but shall be stayed pending arbitration of the remaining claims.

17.  Entire Agreement

This Agreement constitutes the entire agreement between Litteral and You concerning Your use of the Litteral Site. This Agreement may only be modified as stated in “Changes” Section 2, above.

18.  Waiver and Severability

Litteral’s failure to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.

19.  Unintentional Access

In the event that You gain access to information not intended to be accessed by You, You agree that You will immediately notify Litteral and lawfully destroy all copies of such information in Your possession. Litteral may be contacted at info@litterallaw.com.