ATTENTION: PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE.  BY USING THIS SITE YOU INDICATE  THAT YOU HAVE READ AND ACCEPT THESE TERMS.  IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS SITE.  THESE TERMS GOVERN YOUR USE OF THE SITE, ANY CONTENT (SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS, OR PHOTOGRAPHS) THAT OLENDER MAY MAKE AVAILABLE THROUGH THE SITE (COLLECTIVELY, “MATERIALS”) AND ANY SERVICES THAT OLENDER MAY PROVIDE THROUGH THE SITE (COLLECTIVELY, “SERVICES”). THE SITE, MATERIALS, AND SERVICES ARE REFERRED TO IN THESE TERMS COLLECTIVELY AS THE “OLENDER WEBSITES.”

This Web page includes disclaimers and disclosures concerning the following topics:

• No Attorney-Client Relationship
• No Legal Advice Intended
• Licensing Status of Attorneys
• Links
• Privacy Statement
• No Warranty or Liability
• Our Copyright and Intellectual Property Rights
• Additional Disclosures and Information

The term "OLENDER" or "Olender" in this website refers to Olender, a California sole proprietorship, unless the context otherwise requires.

All materials have been prepared for general information purposes only to permit you to learn more about our firm, our services and the experience of our attorneys.  The information presented is not legal advice, is not to be acted on as such, may not be current and is subject to change without notice.

No Attorney Client Relationship or Legal Advice

Communication of information on this Web site and your receipt or use of it is not provided in the course of and does not create or constitute an attorney client relationship.  The information on this website is not intended as a solicitation.  The information on this website is not intended to convey or constitute legal advice and is not a substitute for obtaining legal advice from a qualified attorney.   You should not act upon any information on this site without first seeking qualified lawyer on your specific matter.   Hiring an attorney is an important decision that should not be based solely upon website communications or advertisements.

You also should not rely upon the transmission of an e-mail message to an attorney through this website to create an attorney-client relationship.   The transmission or exchange of information will not do so.   Without an attorney client relationship, we cannot assure you that your communications will be privileged or (unless we otherwise agree in a specific case) that we will treat them as privileged.   Please do not send us any confidential or sensitive information until you speak with one of our attorneys and obtain prior written authorization to send that information to us.

Testimonials and Case Studies

Testimonials that appear on this site are actual testimonials provided by real clients.  In some testimonials to protect the identity of clients or to observe confidential settlement requirements, we changed the client's name to a nom de plume, used a stock photo of a model instead of the actual client and changed the name of the defendant or employer related to an employee (whether our client was the employee or the employer).  In some cases we edited and reprinted a review of our services originally posted on AVVO, LinkedIn, Google Places, or another website.  In each case where we edited a review, we did so only to shorten the text and we did not edit it in any way to make our performance appear better than the client originally described.

Testimonials and Case Studies describe our past work on real cases, but our past performance in a specific case is no guarantee or representation of the likelihood that you will prevail in your case if you use our services.  Every case is different and every client is different.  Just because we won a good result in the cases described in Testimonials and Case Studies does not mean that we will win a good result in your case if you hire us, or even that there is a higher likelihood that we will win a good result in your case.

Licensing Status

Unless otherwise stated, the attorneys listed in this website are not certified by, or certified as specialists or experts by, any professional or governmental agency or authority.   Designations of our firm's practice areas, or of expertise, practice concentrations or specializations of our attorneys are not intended (1) to suggest or represent the contrary, or (2) to suggest any professional or governmental standard by which such experience is measured, or (3) to denigrate other attorneys or firms in any way.

This Web site is not intended as advertising or solicitation in any jurisdiction where the site would be so characterized and fail to comply with all applicable laws and ethical rules of that jurisdiction.   Olender does not seek to represent anyone based solely upon a visit to this Web site or upon advertising, or where to do so would not comply with applicable local laws and rules.

Links

We may from time to time, directly or indirectly, provide links to or accept links from Web sites of other parties for convenience.   We do not control or maintain the material presented by other persons in their Web sites.   The inclusion of any link on our website does not imply any association or relationship between Olender and the person sponsoring the linked site and does not constitute or imply any endorsement, approval or sponsorship of the linked site by Olender, or the endorsement, approval or sponsorship of Olender by the sponsor of the linked site.   The links do not imply legal authority to use any protected rights of others reflected in the links.   We do not vouch for or assume any responsibility for the content, accuracy or completeness of material presented directly or indirectly in linked sites.   If you use any of these links, you will leave our site.

Without our prior written consent, you agree that you will not link material on our site to another Web site, or associate or frame material in this site with another Web page or materials of any other entity.   If we permit such link, association or framing, you must agree to include or link with it this Disclaimers and Terms of Use Web page and to immediately terminate the link, association or framing at our request, unless we otherwise expressly agree.

Privacy Statement

If you visit our website simply to browse, we may collect general information about the way in which you use our site, including the time and duration of visit, type of Web browser used, the operating system and computer you are using, your IP address, the websites from which you linked to us, and your CPU speed. We also may note whether and how you use the site by recording site traffic patterns and "clickstreams." We may use this information to identify levels and areas of interest in our firm and to improve and refine our site. If you choose to provide us with personal information about yourself, either through a form on our Web site or by sending us e-mail, we may collect and use that information to contact you or to send you additional information. We do not sell any personally identifiable information provided by our visitors to any unrelated third party, but we may share it with related entities or with unrelated third parties in connection with our own marketing activities or the maintenance and operation of our site, or as may be legally required. (Please also remember the additional warnings under "Disclaimers/Terms of Use" not to send confidential or sensitive information, to us through this site.) Although we use security that we believe to be appropriate to protect the limited personal identifying information disclosed to us on this Web site, we do not guarantee that our security precautions will protect against and we expressly disclaim any liability for any loss, misuse, or alteration of your information or from your access to or use of our information. We may use "cookie" technology. A cookie is a small amount of data sent by our Web site and stored on your computer's hard drive that our site can read and which helps us keep track of how you use our site. Many Web browsers automatically accept cookies by default, but contain an option for you to turn off the cookie acceptance if you prefer. If you do not want us to further use information previously given by you on or through this Web site to contact you, or if you wish to correct such information, please contact us.

No Warranty or Liability

The information presented on this Web site is provided "as is" without representation or warranty of any kind --- as to suitability, reliability, applicability, merchantability, fitness, non-infringement, result, outcome or any other matter. We do not represent or warrant that such information is or will be always up-to-date, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed. You agree that we are not liable to you or others, in any way or for any damages of any kind or under any theory, arising from this site, or your access to or use of or reliance on the information in or through this site, including but not limited to liability or damages under contract or tort theories or any damages caused by viruses contained within electronic files of this site or any linked site, regardless of prior notice to us.

Copyright and Intellectual Property Rights

Unless otherwise noted, all materials, including but not limited to images, illustrations, designs, icons, photographs, video clips, software, and written and other materials that are part of this Web site or any other Olender website are protected under copyright laws and are the trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Olender. You may download and view material on this website for your personal, temporary, non-commercial viewing only. No part of these materials may otherwise be copied, reproduced, stored, republished, uploaded, posted, transmitted, or distributed in any form or by any means, electronic or mechanical, now known or hereafter invented, without the prior written permission from Olender. Without limiting the foregoing, Olender and the stylized "Olender" block appearing on this website are trademarks of Olender.

Additional Disclosures and Information

Practice and other descriptions, including attorney biographies, on this Web site may include descriptions of successful client representations, strategies or outcomes in matters, including transactional and adversarial proceedings. The results described depended on the facts of the specific cases described. Results will differ if based on different facts. We intend no assurance and make no guarantee or prediction that we will be successful in new matters, even if they involve similar facts and circumstances. We do not intend to assure you that we are successful in all matters. Results in any matter are not necessarily indicative of or similar to results in other matters. We designate, to the extent that any jurisdiction requires designation, our San Jose, California office as our principal office and host server location and Sean Olender as the attorney responsible for this site. Any disputes concerning this Web site and the information in or use of it shall be governed by California law (without regard to conflicts of law principles), and any proceeding which may arise out of or in connection with this website shall be brought solely in a court in San Jose, California.

Use of Olender Website

Except as set forth in “other agreements; software, services or access”, below, Olender authorizes you to use the Olender websites only for your own personal, non-commercial purposes. Use of the Olender websites for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. As between you and Olender, Olender owns theOlender websites. The Olender websites is protected under United States and international copyright laws. Any unauthorized use of the Olender website may violate copyright, trademark, and other laws.

Access

You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Olender websites and for paying all charges related to accessing such sites. When you register to open an account anywhere on the Olender websites, or when you contact Olender through the website for the purpose of receiving products or services, Olender may collect certain personal information about you. Olender's use of such information is governed by the provisions of the Olender Online Privacy Statement for the website. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your Olender websites account, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your Olender websites password and you are solely responsible for all activities that occur under your password. You agree to notify Olender immediately of any unauthorized use of your password or any other breach of security related to Olender websites. Olender reserves the right to require you to change your password if Olender believes that your password no longer is secure. Access to Olender websites granted under other separately executed agreements by Olender and You shall supersede the terms contained in this Section.

Prohibited Use

You agree not to use the Olender websites (including, without limitation, any services, or products you may obtain through your use of the Olender websites): in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”); to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or to interfere with or disrupt the Olender websites or servers or networks connected to the Olender websites. You further agree not to use any data mining, robots, or similar data gathering or extraction methods in connection with the Olender websites; or attempt to gain unauthorized access to any portion of the Olender websites or any other accounts, computer systems, or networks connected to the Olender websites; whether through hacking, password mining, or any other means.

Termination

Except as set forth in “Other agreements; software, services or access”, below, Olendermay terminate, suspend, or modify your registration with, or access to, all or part of the Olender websites, without notice, at any time and for any reason. You may discontinue your participation in and access to the Olender websites at any time. If you breach any of these Terms, your authorization to use the Olender websites automatically terminates and you must immediately destroy any downloaded or printed Materials (and any copies thereof).

Disclaimers

THE OLENDER WEBSITES ARE PROVIDED "AS IS" AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE OLENDER WEBSITES IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT OLENDER, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. OLENDEREXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THEOLENDER WEBSITES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OLENDER MAKES NO WARRANTY THAT THE OLENDERWEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE OLENDER WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE WILL BE CORRECTED. OLENDERMAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OLENDERWEBSITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE OLENDER WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE OLENDERWEBSITES OR FROMOLENDER, ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, “THE OLENDER PARTIES”) SHALL CREATE ANY WARRANTY. OLENDERDISCLAIMS ALL EQUITABLE INDEMNITIES.

Limitation of Liability

IN NO EVENT WILL ANY OF THE OLENDER PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE OLENDER WEBSITES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE Olender WEBSITES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY OLENDER PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusions and limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Olender Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Olender Party’s liability shall be the minimum permitted under such applicable law.

Other Agreements, Software, Services or Access

Olender may provide products (such as video-based training, handbooks, online data services, or software) services (including, but not limited to, legal services, and business process consulting) or access to Olender under the terms of a separate agreement between you and Olender (“Other Agreement”).Olender's obligations with respect to any product, service, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements. For example, any legal services provided by Olender to its clients is governed by the terms of the attorney client agreement, if any, which we execute with the client

Modifications to Olender Websites

Olender reserves the right to modify, suspend, or discontinue the Olender websites at any time without notice to you. For example, Olender may make changes to the services, products, or to the prices described in them, at any time without notice. The Materials and Services may be out of date and Olender makes no commitment to update the Materials and Services whatsoever. Information published on a website may refer to laws, regulations, services, products, programs, or other information that is outdated, no longer correct, and no longer in effect. Consult your own attorney for information about what laws are current, and which ones apply to your specific situation. Contact Olender directly for information regarding the services, products and prices that may be available should you choose to hire Olender and should Olender agrees to such representation (which may only be with a written agreement).

User submissions

Certain areas of the Olender websites (for example, forums, or customer polls) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a “User Submission”). By submitting a User Submission, you grant to Olender an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sub-licensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (including any modification we make or authorize), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that Olender deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). Olender reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. Olender may, but is not obligated to, pre-screen User Submissions or monitor any area of the Olender websites through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. Olender is not required to host, display, or distribute any User Submissions on or through the Olender websites and may remove at any time or refuse any User Submissions for any reason. Olender is not responsible for any loss, theft, or damage of any kind to any User Submissions. Olender does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that Olender will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. Olender does not guarantee that you will have any recourse through Olender or any third party to edit or delete any User Submission you have submitted. By submitting any User Submission, you represent and warrant that: 1. you are at least 13 years old; 2. you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to Olender the rights in your User Submissions described herein; 3. you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions; 4. you are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to Olender described herein; 5. your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party; 6. you voluntarily agree to waive all "moral rights" that you may have in your User Submission; 7. any information contained in your User Submission is not known by you to be false, inaccurate, or misleading; 8. your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); 9. your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy; 10. you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission; 11. your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own); 12. your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files; 13. your User Submission does not contain any information that you consider confidential, proprietary, or personal; and 14. your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

Links to third-party websites

Links on the Olender websites to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the Olender websites. Olender is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Olender does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Olender network, you do so entirely at your own risk.

Linking to this Site

You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws. Absent Olender's written authorization otherwise, a website that links to this website: 1. may link to, but shall not replicate, any Materials (including any Olender logo); 2. shall not create a browser or border environment around any Materials; 3. shall not imply that Olender endorses such website or any products, services, or content available through such website; 4. shall not misrepresent its relationship with Olender; 5. shall not present false or misleading information about Olender, its products, or its services; 6. shall not contain content that could be construed as distasteful, offensive, or controversial; and 7. shall contain only content that is appropriate for all age groups.

Trademarks

Olender and any other product or service name or slogan or logo contained in the Olender websites are trademarks of Olender and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Olender. Ownership of all trademarks and the goodwill associated with them remains with Olender or the applicable trademark holder. You may not use any metatags or any other "hidden text" using any name, trademark, or product or service name of Olender without Olender's prior written permission. In addition, the look and feel of this website (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of Olender and may not be copied, imitated, or used (in whole or in part) without Olender's prior written permission. Reference to any services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Olender. Olender respects the intellectual property rights of others. Accordingly, we have a policy of removing User Submissions that violate copyright law, suspending access to Olender websites (or any portion thereof) to any user who uses the Olender websites in violation of copyright law and/or terminating the account of any user who uses the Olender websites in violation of copyright law. Under 17 USC Section 512, Olender has procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with federal law. If you believe your copyright or other intellectual property right is being infringed by a user of the Olender websites please provide written notice to the following Olender agent for notice of claims of infringement: Sean Olender 4030 Moorpark Avenue, Suite 234 San Jose, CA 95117 Tel: (650) 989-4209 Fax: (650) 989-4209 Email: dmca-notice@olender.pro Your written notice must: 1. contain your physical or electronic signature; 2. identify the copyrighted work or other intellectual property alleged to have been infringed; 3. identify the allegedly infringing material in a sufficiently precise manner to allow Olender to locate that material; 4. contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); 5. contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law; 6. contain a statement that the information in the written notice is accurate; and 7. contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner. 8. Please do not send notices or inquiries unrelated to alleged copyright or other intellectual property right infringement to Olender's designated agent, as they will be deleted upon receipt. When you visit the website or send e-mails to Olender, you are communicating with Olender electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that Olender provides to you electronically satisfy any legal requirement that such communications be in writing.

General

These Terms, together with any additional terms to which you agree when using particular elements of the Olender websites, constitute the entire and exclusive and final statement of the agreement between you and Olender with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Olender with respect to such subject matter. These Terms and the relationship between you and Olender shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Olender websites shall be brought in the Federal or State courts located in Orange County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Olender to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Olender and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Olender websites. These Terms will be interpreted without application of any strict construction in favor of or against you or Olender. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Olender without restriction.

Modifications to These Terms

Olender may, in its sole and absolute discretion, change these Terms from time to time. Olender will post notice of such changes on the applicable website. If you object to any such changes, your sole recourse shall be to cease using the Olender websites. Continued use of the Olender websites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Olender websites and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.