The following Terms of Service govern your use of the Stonebrook Firm website and any legal services provided. By accessing our site or engaging with our services, you agree to these terms. For any questions or further clarifications, please contact us at contact@stonebrookfirm.com.

Terms & Conditions - Stonebrook

This statement was last updated on 9/23/2024.

1. Introduction

Welcome to Stonebrook Firm. By accessing or using our website (the “Site”), engaging with our services, or otherwise interacting with us, you agree to comply with and be bound by these Terms of Service (“Terms”). These Terms apply to all users, clients, visitors, and others who access the Site or our services. If you do not agree with these Terms, you must not use our Site or services. We reserve the right to modify these Terms at any time, and by continuing to use the Site or our services, you agree to any updates or changes.

For any inquiries, please contact us at contact@stonebrookfirm.com.

2. Legal Services Provided

Stonebrook Firm provides legal services in areas including, but not limited to:
Intellectual Property Law (Copyright, Trademark, and Patents)
Advertising Law and Unfair Competition
IT Law and Cybersecurity
Media Law
General Corporate and Commercial Law
Engagement with Stonebrook Firm does not create an attorney-client relationship until both parties agree to the terms of representation through a formal engagement letter or written agreement.

3. Attorney-Client Relationship

An attorney-client relationship is established only after the following steps are completed:

Acceptance as a Client: Stonebrook Firm must formally accept you as a client. This involves reviewing your legal matter, determining that we have no conflicts of interest, and agreeing to provide legal services for the specific matter discussed. Stonebrook Firm retains the right to decline representation for any reason, including potential conflicts of interest or lack of available resources to adequately address your legal needs.
Engagement Letter or Written Agreement: Once we have agreed to represent you, an engagement letter or written agreement will be drafted. This document outlines the scope of the legal services we will provide, the responsibilities of both parties, and the structure of legal fees, including hourly rates, flat fees, or any other relevant billing arrangements. By signing this document, you formally acknowledge and agree to the terms of our legal representation.
Payment and Retainer: In certain cases, a retainer fee will be required to initiate legal services. This retainer acts as a deposit toward legal fees and must be paid before any substantive work is undertaken. The engagement letter will specify the amount of the retainer and how it will be applied to future legal fees. If the retainer is depleted, additional payments may be required as outlined in the agreement.

Please note that no attorney-client relationship is formed by merely contacting Stonebrook Firm through our website, by email, or phone. Communication before the execution of an engagement agreement does not guarantee that we will undertake representation.

No Legal Advice via the Site: The information provided on the Site, including blog posts, articles, FAQs, and other content, is intended solely for general informational purposes. It is not intended to provide specific legal advice or substitute for professional legal counsel. You should not act upon any information found on this Site without first seeking legal advice from a licensed attorney in your jurisdiction who can evaluate your unique cir

11. Termination of Services

Stonebrook Firm reserves the right to terminate its services at any time if:

The client fails to pay fees as required.
The client fails to cooperate or provide the necessary information.
Continued representation would result in a violation of applicable laws or ethical standards.
We determine, in our sole discretion, that termination is appropriate.

If services are terminated, the client remains responsible for any outstanding fees for services rendered.

5. Confidentiality

At Stonebrook Firm, maintaining the confidentiality of our clients' information and protecting the attorney-client privilege is one of our highest priorities. Under U.S. law, any information that you share with us during the course of legal representation will be protected by the attorney-client privilege. This privilege ensures that private communications between you and our legal team remain confidential and are not disclosed to third parties without your explicit consent. However, there are certain legal exceptions where disclosure may be required, such as:

Court Orders: If a court compels us to disclose information as part of a legal proceeding.
Legal Duty: If disclosure is necessary to prevent a crime or fraud or to comply with laws and regulations.
Client Consent: If you provide explicit written consent for us to disclose information to specific third parties, such as financial institutions, auditors, or co-counsel.

We take commercially reasonable measures to secure your data, but it’s important to understand the inherent risks in electronic communication, particularly via email. While we utilize encryption and other security measures, we cannot guarantee that unauthorized individuals will not intercept your communications or gain access to confidential information through malicious actions, hacking, or breaches. If you prefer to discuss sensitive information in person or through secure channels, please notify us, and we will accommodate your request. In the event of any security breach, Stonebrook Firm will take all necessary actions to notify you promptly and mitigate any potential impact.

6. Client Responsibilities

Clients agree to:

Provide accurate and complete information necessary for us to provide legal services.
Cooperate fully with Stonebrook Firm in a timely manner.
Maintain communication with Stonebrook Firm and notify us of any changes in contact information.
Pay legal fees promptly as outlined in the engagement letter.

Failure to comply with these responsibilities may result in termination of the attorney-client relationship.

7. Intellectual Property Rights

All content on the Site, including but not limited to text, graphics, logos, icons, images, videos, and software, is the intellectual property of Stonebrook Firm or its content providers. This content is protected by U.S. copyright, trademark, and other intellectual property laws, as well as international copyright and trademark treaties. Unauthorized use, reproduction, or distribution of any materials on this Site may violate these laws and result in both civil and criminal penalties. You are granted a limited, non-exclusive, non-transferable license to access and view the materials on the Site solely for personal, non-commercial use. You may not:

Reproduce: Copy, distribute, or publicly display any part of the Site without our prior written consent.
Modify: Create derivative works based on the content, adapt the materials, or alter the presentation of any content for any purpose other than personal, or educational use.
Use for Commercial Purposes: Use the content on this Site to promote, market, or sell any product, service, or commercial activity without express written permission from Stonebrook Firm.
Frame or Deep-Link: You may not use any deep-linking, framing, or inline linking techniques that link directly to content on the Site without prior authorization.

Stonebrook Firm takes violations of intellectual property laws seriously and reserves the right to take legal action against any person or entity that infringes upon our intellectual property rights. If you would like to request permission to use any of our content, please contact us at legal@stonebrookfirm.com.

8. Use of the Site

You agree to use the Site only for lawful purposes. You must not:

Use the Site in any way that violates any applicable federal, state, local, or international law or regulation.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Site or our services.
Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
Introduce any viruses, trojan horses, worms, or other material that is malicious or harmful.

9. Disclaimer of Warranties

No Warranties: The Site and the services provided by Stonebrook Firm are provided “as is” and “as available.” We make no warranties, express or implied, about the accuracy, completeness, security, or availability of the Site or services. We do not warrant that:

The Site will meet your specific requirements.
The Site will be available uninterrupted or error-free.
Any errors on the Site will be corrected.

Legal Outcome Disclaimer: Stonebrook Firm does not guarantee specific results in any legal matter. Legal outcomes are dependent on the facts and circumstances of each individual case, and we cannot promise any specific outcome based on initial assessments.

10. Limitation of Liability

To the fullest extent permitted by applicable law, Stonebrook Firm, its partners, attorneys, employees, agents, consultants, contractors, or affiliates shall not be liable for any:

Indirect, Incidental, Special, Punitive, or Consequential Damages, including but not limited to loss of profits, loss of data, business interruptions, loss of goodwill, or any other intangible losses arising out of or in connection with:
- The use of or inability to use our website, services, or products.
- Unauthorized access to or alteration of your transmissions or data, whether such unauthorized access occurs as a result of security vulnerabilities, hacking, or other malicious actions.
- Any errors or omissions in the content or services provided, including, but not limited to, legal guidance, representations, or case outcomes.
- Delays in communication, service provision, or consultation due to circumstances beyond our reasonable control, including but not limited to technological failures, acts of God, or force majeure events.

Stonebrook Firm is not responsible for any damages resulting from the use of third-party services, applications, or websites that are linked to or integrated with our Site or services. This includes, but is not limited to, damages related to:

The security or privacy practices of third-party providers.
The performance or non-performance of third-party services or software that integrate with our legal platforms.

No Guarantees on Case Outcomes: Legal outcomes are inherently unpredictable, and while we strive to provide the highest quality legal representation and counsel, Stonebrook Firm cannot and does not guarantee specific results in any case or legal matter. Any suggestions, predictions, or assessments provided during consultations are based on our professional judgment and experience, but they are not assurances of any particular result or resolution.

Data Security Disclaimer: While we employ industry-standard security practices and technologies to protect your personal and legal information, no system is completely invulnerable to breaches or unauthorized access. As such, Stonebrook Firm disclaims any liability for damages arising from breaches of data security, hacking, cyberattacks, or unauthorized access to sensitive information despite reasonable preventive measures.

Total Liability Cap: In no event shall Stonebrook Firm's total cumulative liability to you for any claims arising out of or related to the services provided, the use of this website, or any related materials exceed the total amount of fees paid by you to Stonebrook Firm in the twelve (12) months preceding the date on which the liability arose. This limitation applies regardless of whether the claim is based on contract, tort, warranty, negligence, or any other legal theory. Additionally, to the extent permitted by law, you agree that Stonebrook Firm will not be liable for any damages related to:

Acts of negligence or misconduct by third parties, including but not limited to investigators, consultants, expert witnesses, or any other vendors or contractors employed during the course of your legal matter.
Any reliance you place on any information received through the Site, social media, newsletters, or marketing materials, which are provided for informational purposes only and do not constitute legal advice.
Losses arising from inaccurate, incomplete, or outdated information provided by you that may affect the legal services rendered, including missed deadlines or misfiled documents.

No Liability for Third-Party Websites or Services: The Site may contain links to other websites or services that are not owned or controlled by Stonebrook Firm. We are not responsible for the availability, content, accuracy, or practices of third-party websites. If you choose to access any third-party website linked from our Site, you do so at your own risk, and you acknowledge that these Terms of Service do not apply to any third-party services.

Acknowledgment of Risk: By engaging with Stonebrook Firm and using our services, you acknowledge and accept that legal matters, in general, carry risks, including but not limited to uncertainties in outcomes, time delays, and the potential for financial losses. While we are committed to providing skilled legal representation, you acknowledge that the legal process is inherently complex and that we cannot control all factors that may affect the resolution of your matter.

You also agree that Stonebrook Firm is not liable for any delays or disruptions in service due to circumstances beyond our reasonable control, such as court closures, government shutdowns, pandemics, labor strikes, or natural disasters. In the event of any such occurrences, we will make every effort to continue representation, but certain delays may be unavoidable.

This Limitation of Liability section survives the termination of the attorney-client relationship or any agreement between you and Stonebrook Firm.

12. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. By using our Site or engaging in our legal services, you agree that any dispute arising from these Terms or the services provided by Stonebrook Firm shall be governed by California law. Any legal action, lawsuit, or proceeding arising from or related to these Terms or the services provided by Stonebrook Firm will be brought exclusively in the state or federal courts located in San Francisco, California. Both parties consent to the exclusive jurisdiction of these courts and waive any objection to the venue of such courts on grounds of inconvenience or otherwise.

13. Dispute Resolution

In the event of a dispute between you and Stonebrook Firm, both parties agree to pursue a resolution through mediation before initiating formal litigation. Mediation is a voluntary, non-binding process that allows both parties to resolve conflicts with the help of an impartial mediator. Mediation may be initiated by either party, and both parties must agree on a mutually acceptable mediator. If mediation is unsuccessful, and the dispute cannot be resolved, the parties agree that the matter will be resolved exclusively in the state or federal courts of San Francisco, California. Both parties waive any right to trial by jury and agree that all claims will be decided by a judge in a court of law. The prevailing party in any litigation or arbitration shall be entitled to recover reasonable attorneys' fees and costs incurred during the dispute.

14. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable. The invalid or unenforceable provision will be replaced by a valid provision that reflects the intent of the original provision as closely as possible.

16. Changes to These Terms

Stonebrook Firm reserves the right to modify or update these Terms at any time. We will notify users of any significant changes by posting a notice on the Site. Your continued use of the Site and services after changes to the Terms constitutes your acceptance of those changes.

15. Entire Agreement

These Terms, along with any engagement letter or agreement, represent the entire agreement between Stonebrook Firm and the client regarding the use of the Site and services. Any previous agreements, oral or written, are superseded by these Terms.

4. Fees and Payments

At Stonebrook Firm, legal fees are detailed in the engagement letter provided at the outset of our representation. The type of fee arrangement—whether hourly rates, flat fees, or contingency fees—will depend on the specific nature of your case and the services required. The fee structure will be agreed upon before we commence any substantive work on your behalf to ensure transparency and clarity.

Hourly Rates: For matters billed on an hourly basis, you will be charged for the actual time spent on your case. This may include attorney time, paralegal time, and other billable activities such as legal research, drafting documents, court appearances, and consultations. The hourly rates of each team member involved will be disclosed in the engagement letter.
Flat Fees: For some matters, we may offer a flat fee arrangement, meaning you pay a single, predetermined amount for a specific legal service, such as contract drafting, trademark registration, or an initial consultation. This allows for predictability in costs and is typically used for straightforward legal tasks.
Contingency Fees: In certain types of cases, such as personal injury or litigation involving damages, we may offer a contingency fee arrangement. In these cases, our fees will be a percentage of the recovery obtained, and you will not be charged any legal fees unless a successful outcome is achieved. The specific percentage and conditions will be outlined in the engagement agreement.

Retainer Payments

For most legal services, an initial retainer may be required before we begin work on your matter. The retainer acts as an advance payment toward the total legal fees, which will be drawn down as services are provided. Depending on the complexity and duration of the case, you may be required to replenish the retainer as it becomes depleted. The amount of the retainer and the procedures for replenishment will be specified in your engagement letter. If the total legal fees incurred are less than the amount of the retainer, the unused portion will be refunded to you at the conclusion of our representation.

Billing Cycle

Clients will be billed on a regular basis, typically on a [monthly/bi-monthly] cycle, for the legal services rendered. Each invoice will provide a detailed description of the work performed, the time spent, and any associated expenses. We aim to provide clear, transparent billing, so you have a complete understanding of the fees incurred throughout the representation.

Payment Terms and Late Fees

Payment is expected within 30 days of receiving the invoice. If full payment is not made within this period, a late fee of [1.5% per month] may be applied to the outstanding balance. Late payments may also result in the suspension or termination of legal services until the balance is cleared. If financial difficulties arise, we encourage clients to reach out to us promptly so we can discuss alternative arrangements. Failure to make payments without communication could result in additional legal actions, including collections, and any associated costs will be borne by the client.

Payment Methods

We offer a variety of convenient payment methods to suit your needs. Payments can be made via:

Credit Card: We accept most major credit cards. Information on how to process a credit card payment will be provided in each invoice.
Electronic Transfer: For larger payments, we recommend electronic bank transfers for secure and efficient payment.
Check: Checks should be made payable to Stonebrook Firm and mailed to the address provided on your invoice or engagement letter.

Please note that any fees associated with payment methods, such as bank transfer fees or foreign transaction fees, will be the responsibility of the client.