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Terms & conditions.

The rules for using swainsugarman.com and booking a call with us, in plain language.

Last updated

These terms apply when you use swainsugarman.com, the website of Swain-Sugarman LLC ("we," "us," "our"). By using the site, you agree to them. If you do not agree, please do not use the site.

The short version

  • You may browse, share, and link to the site freely. Please do not misuse it.
  • The first call is free and carries no commitment, and we keep what you share private.
  • Client work runs under its own signed agreement, not these terms.
  • California law applies, and disputes go to arbitration instead of court.

Using this site

You may use the site to learn about our work and to book a call with us. Please do not:

  • Try to break into, overload, or disrupt the site or the systems behind it.
  • Book a call with false details or with someone else's details.
  • Use the site to send spam, malware, or anything unlawful.

Booking a call

No commitment. The booking form and the first call help us both see whether we are a good fit. The call is free, and booking it does not commit you or us to any work.

What you share. We keep what you share in the booking form and on the call private. We use it only to prepare for the call and to talk about working together. Our privacy policy explains how we handle it. Until we both sign an agreement, there is no formal confidentiality agreement between us. If something must stay secret, please wait to share it until we have signed one.

Not professional advice. What we say on the call is general guidance about your project. It is not legal, financial, tax, or other professional advice.

Scheduling. We schedule calls with Cal.com. When you pick a time, Cal.com's own terms apply to its calendar.

Client work

When we work together, we both sign a written agreement. It sets the scope, the fees, the schedule, and who owns the finished work. That agreement governs the work. Where it differs from these terms, the agreement wins.

Our content

The words, drawings, photographs, design, logo, and code on this site belong to Swain-Sugarman LLC or to the people who license them to us. Our clients' logos belong to those organizations.

You may link to any page, share it, and quote short passages with credit. For anything more, such as reusing our drawings or text, please ask us first.

No warranties

We work to keep the site accurate and available, but we provide it "as is." We do not promise that it will always be available, free of errors, or up to date.

To the extent the law allows, we disclaim all warranties about the site, express or implied. These include the warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limits on our liability

To the extent the law allows, we are not liable for indirect, incidental, or consequential losses that come from using the site, such as lost data or lost profits. Our total liability for any claim about the site is limited to $100.

These limits do not apply to client work, which its own agreement covers. They also do not apply where the law does not allow them.

Resolving disputes

California law. The laws of the State of California govern these terms, without regard to their conflict-of-law rules.

Talk to us first. If you have a concern about the site, please email us. We will try to resolve it with you informally within 30 days.

Arbitration. If we cannot resolve it, either of us may start binding arbitration with the American Arbitration Association (AAA), under its rules. One arbitrator decides the dispute. The hearing can take place by video or in Nevada County, California. Either of us may instead bring a claim in small claims court if it qualifies there.

One case at a time. Each dispute is resolved individually. Neither of us may bring or join a class action or a class arbitration about the site.

The rest still applies. If an arbitrator or a court finds part of these terms unenforceable, the rest of the terms still apply.

Changes to these terms

We may update these terms. When we do, we will change the "Last updated" date at the top of this page. The terms in place when you use the site are the ones that apply.

Contact

If you have a question about these terms, email us.

contact@swainsugarman.com

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