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Disclaimer

By using this site, you agree to comply with the Terms of Use and Privacy Policy.  You agree that you do not consider information on this site to be an invitation for any attorney-client relationship. The information provided on this site does not, and is not intended to constitute legal advice.  You understand each legal matter should be considered to be unique and subject to varying results.   You should not take or refrain from taking action based on any information contained on this website without first consulting legal counsel, as it is not intended to advise you on your particular matter. Further, you understand that no guarantee is given that the information contained herein is an accurate statement of the law at any given point in time, as the law is constantly changing.  By using this website, you acknowledge and agree that Jay Young and any firm he is affiliated with expressly disclaim all liability in respect to actions taken or not taken based on any content on this website. You acknowledge that Jay Young maintains an office in Nevada and is only licensed to practice law in the State of Nevada.  No statement contained herein is intended as, and you should not accept them as legal advice to you about any situation. You should not consider your visit to this site, or access to any information generated herefrom, to constitute the formation of an attorney-client relationship with Jay Young or any firm he is affiliated with.

The information on this  Page is attorney advertising and is of a general nature. The information provided herein is for educational purposes only, and does not constitute legal advice. It is sponsored by Jay Young (hereinafter “the Firm”, “we”, “us”, or “our”) solely for the convenience of our clients and the public. The opinions of the authors are not necessarily those of the Firm.

Communications sent to us via this page or via the Internet may not be secure and may be intercepted by other parties. Imparting this information does not constitute a client-attorney relationship nor does the transmission or receipt of any e-mail sent through this blog constitute or create, in any way, a client- attorney relationship or a job application.
Further, unless specifically engaged to perform a service (in writing, in a formal, signed engagement letter between us and our client) it should not be construed that the service will be performed by us. We offer multiple levels of services to our clients. Client engagements will vary with regard to depth and level of each and every service as agreed prior to performing the services. A client should always refer to the signed engagement letter to understand the specific services that we agree to provide and the scope of those services. Certain links on this blog lead to servers maintained by individuals or organizations over which we have no control. We make no representations or warranties regarding the accuracy or any other aspect of the information located on such servers.

Unless otherwise noted, all information on this Page is the property of this Firm. Unauthorized use will be subject to legal action.

IRS Circular 230 Notice
To the extent this  Page or files available within it concern tax matters, the information is not intended to be used and cannot be used by a taxpayer for the purpose of avoiding penalties that may be imposed by law or in promoting, marketing, or recommending to another party any transaction or matter addressed.

Indemnification
As a visitor to this Page, you agree to indemnify the us, and our partners, officers, directors, employees, agents, distributors, and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney fees that arise from your use or misuse of this site.

Comment Policy
We appreciate the users of and contributors to this Page, and we thank them for adding to its content. We realize that everyone may not agree with a particular post, and we welcome free and spirited debate. We are not responsible for the comments or opinions expressed by any contributor to this Page. We encourage comments including those that challenge us or offer constructive criticism, and we reserve the right to edit or remove any post, for any reason. We will delete any comments with content that:
• is abusive
• is off-topic
• contains ad-hominem attacks
• promotes hate of any kind
• uses foul language (we are a G-rated blog)
• is blatantly spam

Comments, once contributed, may be used by us at any time in any way, with attribution to the contributor.

Nonpublic Personal Information We Collect

We may collect nonpublic personal information about visitors to the site that is either provided to us by you or obtained from standard website traffic statistic gathering software.

Standard Alternative Dispute Resolution (Arbitration and Mediation) Clauses

I often hear litigators and clients complaining that the process of arbitration is flawed and does not deliver on its aspirations to provide a cheaper, quicker alternative to litigation in court.  My response is that they are not really upset with the process of arbitration or mediation, but with the person who drafted the Alternative Dispute Resolution clause in their contract.  The Arbitrator must administer the arbitration proceed pursuant to how the parties wrote the agreement.  Therefore, as I wrote in this post, if you want a better process, write a better contract.  I have endeavored to provide both my preferred standard ADR clause (with explanations), but also some alternative model arbitration, mediation, and ADR clauses from other trusted sources.  The drafter should determine the process which will best benefit each client and draft the clause accordingly.

The italicized language below explains the rationale behind clauses and why one might choose that clause over another alternative.[1] (more…)

Privacy Policy

www.alegalcheckup.com, nevadalaw.info, and/or yourlegalguides.com (collectively, the “Website”) respects the privacy of every visitor to Your privacy is a priority, and we go to great lengths to protect it.  This Privacy Policy (the “Policy”) explains our online information practices.  The use of this site is governed by the Disclaimer and Terms of Use provided for this site and the policies, terms and conditions set forth below. Please read them carefully. This Policy may be changed or updated from time to time. However, you understand that your use of this site and/or completion of the survey or any portion thereof your acceptance of these policies, terms and conditions.

Data Collection

We collect information from you when you register on our site. When registering on this site, as appropriate, you may be asked to enter, among other things, your: name, e-mail address, mailing address, phone number. You may, however, visit our site anonymously.

How The Website Uses Your Information

If you provide The Website with personal information when you visit our website, we may use the information in our programs and activities.  Your information allows The Website to personalize your experience, provide you with a written report based on your input, improve our website, improve our customer service, and to send periodic newspaper emails.  We may enter your email address into our newsletter database so we can contact you to obtain your input, or provide information about our services, programs and events.

Reviewing and Correcting the Information

Our goal is to maintain only accurate data.  Accordingly, if you find errors in any of your personal information, please notify us in one of the following ways, and we will work diligently to correct it.

  1. You may send an email with your corrections to jay@h2law.com

  2. You may mail your changes to:

Jay Young

Attn: Webmaster

3800 Howard Hughes Parkway, Ste. 1000

Las Vegas, Nevada 89169

United States

  1. You may call us at the following number: 702.667.4828

Children’s Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, and services are all directed to people who are at least 13 years old or older.

Foreign Transfer of Data

The Website is designed for use by U.S. residents. If you are not a U.S. resident, you can use this site, but you are responsible for making sure that your actions comply with the laws in your area. When you submit information through this website, we understand that your action is an affirmative act, indicating informed consent to the processing as well as informed consent to allow the transborder transfer of the data to the U.S. for the purposes outlined above. If you submit any personal information about yourself or others, including information inferring or demonstrating religious beliefs, affiliations, or practices, you alone are responsible for the consequences of making this transfer of personal information.

Third-Party Links

The Website is not responsible for the privacy practices or content of any third-party sites. For your own protection, you should review the policies of similar sites to ensure they meet your personal expectations of privacy.

Copyright and Trademark Notice

All content, including without limitation, text, data, graphics, logos, button icons, images, audio, video, software, photographs, graphs, typefaces and other materials which are or may be included on this website, is the property of The Website and is protected by copyrights, trademarks, trade secrets and/or other proprietary rights. The compilation of all the content on this site is the exclusive property of The Website and is protected by U.S. and international copyright laws.

The trademarks, service marks, and logos used and displayed on this website are registered and unregistered trademarks of The Website and its content providers. Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark or logo displayed on the website, without the written permission of the mark or logo owner. The use of any The Website trademark, service mark or logo as a link to any site is prohibited without The Website prior written approval. The unauthorized use of any trademark, service mark or logo displayed on this site is strictly prohibited

Except as described in this notice or as permitted by the fair use privilege under U.S. copyright law, you may not copy, reproduce, distribute, publish, download, display, post, create derivative works from or transmit the content in any form or by any means (including electronic, mechanical, photocopying, recording, or otherwise) without the prior written permission of The Website or the respective copyright owner. Permission is granted to display, copy, distribute and download the content on this site for personal, non-commercial use only, provided you do not modify the content and that you retain all copyright and other proprietary notices contained in the content. You also may not “mirror” any content contained on this site on any other server without express written permission from Jay Young, Business Attorney and Arbitrator. Permission for you to use the content terminates automatically if you breach any of the terms or conditions contained in this notice. Upon termination, you must immediately destroy any downloaded and printed content.

Warranty Disclaimer

The products, content, information and services included in or accessed through our website are provided on an “AS IS” basis without warranty of any kind. The Website does not represent that the information accessible on or through its website is accurate, complete or current. THE WEBSITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH PRODUCTS, CONTENT, INFORMATION OR SERVICES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

Any links or references on the The Website to any third party site are provided solely for your convenience. The Website makes no representation or warranty with respect to the content, accuracy, safety, existence or any other aspect of any third party site or any materials obtained by you from such a site. A link or reference from our website to any other site does not constitute an endorsement of that site or any of its content or of the quality or acceptability of any products or services offered through the site.

You are responsible for the use and compatibility of any hardware or software with the Internet and The Website. The Website makes no warranty that any particular device or software, even if recommended by a Website agent or employee, will function properly with our website.

The Website do not warrant that: (1) access to its website will be uninterrupted, error free or secure; (2) any materials accessible on or through its website will be free from viruses, worms or other harmful components; or (3) you will be able to connect, communicate or pass information to the website or any other site on the Internet at any particular speed or throughput. You agree that The Website is not liable for any damages to you which may result from a loss or degradation of access to the website or any loss of materials or data that you have stored on the website. The Website recommends that customers regularly backup or download important information you stored on the website.

Additional Legal Terms

The Website reserves the right to modify the terms, conditions and policies related to its website at any time without prior notice by posting the change on The Website. All changes will become effective immediately upon posting. The Website reserves the right to modify, add, or remove any service, feature, product or information from the website at any time without prior notice.

The terms, conditions and policies contained in the Disclaimer, Terms of Use, and this Privacy Policy and elsewhere on The Website contain the full and complete understanding of the parties with respect to your use of The Website. The Website will not be bound by any statements made by agents or employees of The Website which conflict with these terms, conditions and/or policies.

All terms, conditions and policies and any dispute arising from or relating to them will be governed and interpreted in accordance with the laws of the State of Nevada.  Venue for any legal action concerning the terms, conditions and policies shall lie exclusively in the Eighth Judicial District Court, Clark County, Nevada, and by accessing and using The Website you expressly consent to jurisdiction and venue in such court.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

  1. You may send an email with your corrections to jay@h2law.com

  2. You may mail your changes to:

Jay Young

Attn: Webmaster

3800 Howard Hughes Parkway, Ste. 1000

Las Vegas, Nevada 89169

United States

  1. You may call us at the following number: 702.667.4828

Effective date: December 1, 2014.

Nevada Rules of Civil Procedure

RULE 16.1.  MANDATORY PRETRIAL DISCOVERY REQUIREMENTS

[Applicable to all civil cases except proceedings in the Family Division of the Second and Eighth Judicial District Courts and domestic relations cases in the judicial districts without a family division.]

      (a) Required Disclosures.

              (1) Initial Disclosures.  Except in proceedings exempted or to the extent otherwise stipulated or directed by order, a party must, without awaiting a discovery request, provide to other parties:

                    (A) The name and, if known, the address and telephone number of each individual likely to have information discoverable under Rule 26(b), including for impeachment or rebuttal, identifying the subjects of the information;

                    (B) A copy of, or a description by category and location of, all documents, data compilations, and tangible things that are in the possession, custody, or control of the party and which are discoverable under Rule 26(b);

                    (C) A computation of any category of damages claimed by the disclosing party, making available for inspection and copying as under Rule 34 the documents or other evidentiary matter, not privileged or protected from disclosure, on which such computation is based, including materials bearing on the nature and extent of injuries suffered; and

                    (D) For inspection and copying as under Rule 34 any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment and any disclaimer or limitation of coverage or reservation of rights under any such insurance agreement.

 These disclosures must be made at or within 14 days after the Rule 16.1(b) conference unless a different time is set by stipulation or court order, or unless a party objects during the conference that initial disclosures are not appropriate in the circumstances of the action and states the objection in the Rule 16.1(c) case conference report. In ruling on the objection, the court must determine what disclosures—if any—are to be made, and set the time for disclosure. Any party first served or otherwise joined after the Rule 16.1(b) conference must make these disclosures within 30 days after being served or joined unless a different time is set by stipulation or court order. A party must make its initial disclosures based on the information then reasonably available to it and is not excused from making its disclosures because it has not fully completed its investigation of the case or because it challenges the sufficiency of another party’s disclosures or because another party has not made its disclosures.

              (2) Disclosure of Expert Testimony.

                    (A) In addition to the disclosures required by paragraph (1), a party shall disclose to other parties the identity of any person who may be used at trial to present evidence under NRS 50.275, 50.285 and 50.305.

                    (B) Except as otherwise stipulated or directed by the court, this disclosure shall, with respect to a witness who is retained or specially employed to provide expert testimony in the case or whose duties as an employee of the party regularly involve giving expert testimony, be accompanied by a written report prepared and signed by the witness. The court, upon good cause shown or by stipulation of the parties, may relieve a party of the duty to prepare a written report in an appropriate case. The report shall contain a complete statement of all opinions to be expressed and the basis and reasons therefor; the data or other information considered by the witness in forming the opinions; any exhibits to be used as a summary of or support for the opinions; the qualifications of the witness, including a list of all publications authored by the witness within the preceding 10 years; the compensation to be paid for the study and testimony; and a listing of any other cases in which the witness has testified as an expert at trial or by deposition within the preceding four years.

       Unless otherwise stipulated or ordered by the court, if the witness is not required to provide a written report, the initial disclosure must state the subject matter on which the witness is expected to present evidence under NRS 50.275, 50.285 and 50.305; a summary of the facts and opinions to which the witness is expected to testify; the qualifications of that witness to present evidence under NRS 50.275, 50.285 and 50.305, which may be satisfied by the production of a resume or curriculum vitae; and the compensation of the witness for providing testimony at deposition and trial, which is satisfied by production of a fee schedule.

                    (C) These disclosures shall be made at the times and in the sequence directed by the court.

                                 (i) In the absence of extraordinary circumstances, and except as otherwise provided in subdivision (2), the court shall direct that the disclosures shall be made at least 90 days before the discovery cut-off date.

                                 (ii) If the evidence is intended solely to contradict or rebut evidence on the same subject matter identified by another party under paragraph (2)(B), the disclosures shall be made within 30 days after the disclosure made by the other party. This later disclosure deadline does not apply to any party’s witness whose purpose is to contradict a portion of another party’s case in chief that should have been expected and anticipated by the disclosing party, or to present any opinions outside of the scope of another party’s disclosure.

                    (D) The parties must supplement these disclosures when required under Rule 26(e)(1).

              (3) Pretrial Disclosures.  In addition to the disclosures required by Rule 16.1(a)(1) and (2), a party must provide to other parties the following information regarding the evidence that it may present at trial, including impeachment and rebuttal evidence:

                    (A) The name and, if not previously provided, the address and telephone number of each witness, separately identifying those whom the party expects to present, those witnesses who have been subpoenaed for trial, and those whom the party may call if the need arises;

                    (B) The designation of those witnesses whose testimony is expected to be presented by means of a deposition and, if not taken stenographically, a transcript of the pertinent portions of the deposition testimony; and

                    (C) An appropriate identification of each document or other exhibit, including summaries of other evidence, separately identifying those which the party expects to offer and those which the party may offer if the need arises.

 Unless otherwise directed by the court, these disclosures must be made at least 30 days before trial. Within 14 days thereafter, unless a different time is specified by the court, a party may serve a list disclosing (i) any objections to the use under Rule 32(a) of a deposition designated by another party under subparagraph (B), and (ii) any objection, together with the grounds therefor, that may be made to the admissibility of materials identified under subparagraph (C). Objections not so disclosed, other than objections under NRS 48.025 and 48.035, shall be deemed waived unless excused by the court for good cause shown.

              (4) Form of Disclosures.  Unless the court orders otherwise, all disclosures under Rules 16.1(a)(1) through (3) must be made in writing, signed, and served.

      [As amended; effective October 1, 2012.]

       (b) Meet and Confer Requirements.

              (1) Attendance at Early Case Conference.  Unless the case is in the court annexed arbitration program or short trial program, within 30 days after filing of an answer by the first answering defendant, and thereafter, if requested by a subsequent appearing party, the parties shall meet in person to confer and consider the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case, to make or arrange for the disclosures required by subdivision (a)(1) of this rule and to develop a discovery plan pursuant to subdivision (b)(2). The attorney for the plaintiff shall designate the time and place of each meeting which must be held in the county where the action was filed, unless the parties agree upon a different location. The attorneys may agree to continue the time for the case conference for an additional period of not more than 90 days. The court, in its discretion and for good cause shown, may also continue the time for the conference. Absent compelling and extraordinary circumstances, neither the court nor the parties may extend the time to a day more than 180 days after an appearance is served by the defendant in question.

       Unless otherwise ordered by the court or the discovery commissioner, parties to any case wherein a timely trial de novo request has been filed subsequent to an arbitration, need not hold a further in person conference, but must file a joint case conference report pursuant to subdivision (c) of this rule within 60 days from the date of the de novo filing, said report to be prepared by the party requesting the trial de novo.

              (2) Planning for Discovery.  The parties shall develop a discovery plan which shall indicate the parties’ views and proposals concerning:

                    (A) What changes should be made in the timing, form, or requirement for disclosures under Rule 16.1(a), including a statement as to when disclosures under Rule 16.1(a)(1) were made or will be made;

                    (B) The subjects on which discovery may be needed, when discovery should be completed, and whether discovery should be conducted in phases or be limited to or focused upon particular issues;

                    (C) What changes should be made in the limitations on discovery imposed under these rules and what other limitations should be imposed;

                    (D) Any other orders that should be entered by the court under Rule 26(c) or under Rule 16(b) and (c); and

                    (E) An estimated time for trial.

      [As amended; effective January 1, 2005.]

       (c) Case Conference Report.  Within 30 days after each case conference, the parties must file a joint case conference report or, if the parties are unable to agree upon the contents of a joint report, each party must serve and file a case conference report which, either as a joint or individual report, must contain:

              (1) A brief description of the nature of the action and each claim for relief or defense;

              (2) A proposed plan and schedule of any additional discovery pursuant to subdivision (b)(2) of this rule;

              (3) A written list of names exchanged pursuant to subdivision (a)(1)(A) of this rule;

              (4) A written list of all documents provided at or as a result of the case conference pursuant to subdivision (a)(1)(B) of this rule;

              (5) A calendar date on which discovery will close;

              (6) A calendar date, not later than 90 days before the close of discovery, beyond which the parties shall be precluded from filing motions to amend the pleadings or to add parties unless by court order;

              (7) A calendar date by which the parties will make expert disclosures pursuant to subdivision (a)(2), with initial disclosures to be made not later than 90 days before the discovery cut-off date and rebuttal disclosures to be made not later than 30 days after the initial disclosure of experts;

              (8) A calendar date, not later than 30 days after the discovery cut-off date, by which dispositive motions must be filed;

              (9) An estimate of the time required for trial; and

              (10) A statement as to whether or not a jury demand has been filed.

 After any subsequent case conference, the parties must supplement, but need not repeat, the contents of prior reports. Within 7 days after service of any case conference report, any other party may file a response thereto objecting to all or a portion of the report or adding any other matter which is necessary to properly reflect the proceedings occurring at the case conference.

      [As amended; effective January 1, 2005.]

       (d) Discovery Disputes.

              (1) Where available or unless otherwise ordered by the court, all discovery disputes (except those presented at the pretrial conference or trial) must first be heard by the discovery commissioner.

             (2) Following each discovery motion before a discovery commissioner, the commissioner must prepare and file a report with the commissioner’s recommendations for a resolution of each unresolved dispute. The commissioner may direct counsel to prepare the report. The clerk of the court shall forthwith serve a copy of the report on all parties. Within 5 days after being served with a copy, any party may serve and file written objections to the recommendations. Written authorities may be filed with an objection, but are not mandatory.

              (3) Upon receipt of a discovery commissioner’s report and any objections thereto, the court may affirm, reverse or modify the commissioner’s ruling, set the matter for a hearing, or remand the matter to the commissioner for further action, if necessary.

      [As amended; effective January 1, 2005.]

       (e) Failure or Refusal to Participate in Pretrial Discovery; Sanctions.

              (1) If the conference described in Rule 16.1(b) is not held within 180 days after an appearance by a defendant, the case may be dismissed as to that defendant upon motion or on the court’s own initiative, without prejudice, unless there are compelling and extraordinary circumstances for a continuance beyond this period.

              (2) If the plaintiff does not file a case conference report within 240 days after an appearance by a defendant, the case may be dismissed as to that defendant upon motion or on the court’s own initiative, without prejudice.

              (3) If an attorney fails to reasonably comply with any provision of this rule, or if an attorney or a party fails to comply with an order entered pursuant to subsection (d) of this rule, the court, upon motion or upon its own initiative, shall impose upon a party or a party’s attorney, or both, appropriate sanctions in regard to the failure(s) as are just, including the following:

                    (A) Any of the sanctions available pursuant to Rule 37(b)(2) and Rule 37(f);

                    (B) An order prohibiting the use of any witness, document or tangible thing which should have been disclosed, produced, exhibited, or exchanged pursuant to Rule 16.1(a).

      [As amended; effective January 1, 2005.]

       (f) Complex Litigation.  In a potentially difficult or protracted action that may involve complex issues, multiple parties, difficult legal questions, or unusual proof problems, the court may, upon motion and for good cause shown, waive any or all of the requirements of this rule. If the court waives all the requirements of this rule, it shall also order a conference pursuant to Rule 16 to be conducted by the court or the discovery commissioner.

      [As amended; effective January 1, 2005.]

       (g) Proper Person Litigants.  When a party is not represented by an attorney, the party must comply with this rule.

      [As amended; effective January 1, 1988.]

Terms of Use

By using or visiting The Website, you are agreeing to the following terms and conditions as well as the Privacy Policy and Disclaimer.  If you do not agree to any of these terms, then please do not use The Website, as your continued use shall constitute your acceptance of our Terms of Use.

This website is intended for use by the public for viewing and retrieving information only.  Unauthorized attempts to upload information or change information on this service are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986. These Terms of Use apply to all users of The Website. The Website may contain links to third party websites that are not owned or controlled by alegalcheckup.com, nevadalaw.info, and/or yourlegalguides.com. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party website. By using The Website, you expressly assume individual responsibility and relieve Jay Young and/or any firm with which he is affiliated (hereinafter collectively “Jay Young Parties”) from any and all liability arising from your use of any third-party website. Jay Young Parties hereby grant you permission to use this website provided that you do not copy or distribute any part of The Website without prior written authorization from Jay Young Parties, and you otherwise comply with the terms and conditions of these Terms of Use.

Formation Of Attorney-Client Relationship

If you require legal advice, you should contact an attorney competent to render such advice within your jurisdiction. The information and materials provided by this site are not intended to be advertising.  Our transmission and your receipt of any data through The Website, or your or anyone else’s use of this website, is not intended to, and does not create, an attorney-client relationship between you and Jay Young Parties. This includes, but is not limited to, the transmission of an Email message through The Website to any attorney practicing at Jay Young Parties. By submitting information to this cite, you agree that the Jay Young Parties only form an attorney-client relationship with potential clients after conducting a thorough background check and thereafter only through the execution of engagement letters with a client, and unless and until you receive and have signed such a letter, an attorney-client relationship does not exist and you should not assume that one does. You agree that any information sent to us cannot be considered as confidential.

Intellectual Property Rights

The content on The Website, except all User Submissions (as defined herein), including without limitation, text, data, graphics, logos, button icons, images, audio, video, software, photographs, graphs, typefaces and other materials which are or may be included on this website (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are the property of Jay Young Parties and are protected by copyrights, trademarks, trade secrets and/or other proprietary rights. The compilation of all the content on this site is the exclusive property of Jay Young Parties and is protected by U.S. and international copyright laws. Content on The Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Jay Young Parties reserve all rights not expressly granted in and to The Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content or Marks other than as expressly permitted herein.

Claims of Copyright Infringement

Jay Young Parties respect the intellectual property rights of others.  Thus, if you are a copyright owner and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing sending an email to jay@h2law.com or you may mail your changes to 3800 Howard Hughes Parkway, Ste. 1000, Las Vegas, Nevada 89169 with the following information consistent with 17 U.S.C 512(c)(3):

(i)         A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii)        Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii)       Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv)       Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v)        A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi)       A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying Jay Young Parties that your copyrighted material has been infringed. The preceding requirements are intended to comply with Jay Young Parties”s rights and obligations under the DMCA, but do not constitute legal advice. In accordance with the DMCA and other applicable law, Jay Young Parties has adopted a policy of terminating, in appropriate circumstances and at Jay Young Parties’s sole discretion, members who are deemed to be repeat infringers. Jay Young Parties may also at his sole discretion limit access to and/or terminate the member accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

User Conduct

By using, viewing or accessing this website, you expressly agree to not use the website to: i) upload, post, email, transmit or otherwise make available any User Submissions that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;ii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;  iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Submissions;iv) upload, post, email, transmit or otherwise make available any User Submissions that you do not have a right to make available under any law or under any contractual or fiduciary relationship; v) upload, post, email, transmit or otherwise make available any User Submissions that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;vi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; vii) upload, post, email, transmit or otherwise make available any material that may contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; viii) interfere with or disrupt The Website, servers, or networks connected to The Website, or disobey any requirements, procedures, policies or regulations of networks connected to The Website; ix) intentionally or unintentionally violate any applicable local, state, national or international law; and/or “stalk,” “prey upon,” or otherwise harass another.

Prohibited Uses

As a condition of your use of The Website, you agree that you will not use The Website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use this website in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any site server, or interfere with any other party’s use and enjoyment of The Website. You may not attempt to gain unauthorized access to The Website, other accounts, computer systems or networks connected to any site server or The Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through The Website.

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned only by Jay Young Parties without restriction.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, JAY YOUNG PARTIES, ANY FIRM WITH WHICH HE IS AFFILIATED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. JAY YOUNG PARTIES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE JAY YOUNG PARTIES  WEBSITE. JAY YOUNG PARTIES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE JAY YOUNG PARTIES WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND JAY YOUNG PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL JAY YOUNG PARTIES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE JAY YOUNG PARTIES  WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT JAY YOUNG PARTIES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Jay Young Parties from its facilities in the State of Nevada, in the United States of America. Jay Young Parties make no representations that The Website is appropriate or available for use in other locations. Those who access or use The Website from other jurisdictions do so at their own risk and are responsible for compliance with local law.

Indemnity

By using, viewing or accessing the Jay Young Parties website, you agree to indemnify and hold Jay Young Parties and its officers, directors, agents, subsidiaries, joint ventures and/or employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use the Privacy Policy, or your violation of any law or the rights of a third-party.

Acceptance of Terms of Use

You affirm that you are: i) at least 14 years of age; ii) an emancipated minor; or iii) possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use and the Privacy Policy, and to abide by and comply with such terms, conditions and obligations.

Modifications

This site reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, The Website, or any part thereof, with or without notice. You agree that Jay Young Parties shall not be liable to you or to any third party for any modification, suspension or discontinuance of any service.

General

By using, viewing or accessing the Jay Young Parties website, you agree that: (i) The Website shall be deemed solely based in Nevada; and (ii) The Website is a passive website that does not give rise to personal jurisdiction over Jay Young Parties, either specific or general, in jurisdictions other than Nevada. These Terms of Use shall be governed by the internal substantive laws of the State of Nevada, without respect to its conflict of laws principles. Venue for any legal action concerning any claim or dispute between you and Jay Young Parties that arises in whole or in part from The Website shall lie exclusively in the Eighth Judicial District Court, Clark County, Nevada, and by using, viewing and/or accessing the Jay Young Parties website you expressly consent to jurisdiction and venue in such court. These Terms of Use, together with the Jay Young Parties Privacy Policy and any other legal notices published by Jay Young Parties on The Website, shall constitute the entire agreement between you and Jay Young Parties concerning The Website. If any provision of these Terms of Use or the Privacy Policy is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions therein, which shall remain in full force and effect. No waiver of any term of this these Terms of Use or the Jay Young Parties Privacy Policy shall be deemed a further or continuing waiver of such term or any other term, and Jay Young Parties” failure to assert any right or provision under these Terms of Use or the Privacy Policy shall not constitute a waiver of such right or provision. Jay Young Parties reserve the right to amend these Terms of Use or the Jay Young Parties Privacy Policy at any time and without notice, and it is your responsibility to review these Terms of Use or the Privacy Policy for any changes. Your use of The Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of The Website or related services must be filed within one (1) year after such claim or cause of action arose or shall be forever barred.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

Jay Young Parties

Attn: Webmaster

3800 Howard Hughes Parkway, Ste 1000

Las Vegas, Nevada 89169

United States

By email: jay@h2law.com

By phone: 702.667.4828

Effective date: December 1, 2011.

In Nevada, the elements for a claim of quiet title are:

  1. Action may be brought by any person against another who claims an estate or interest in real property, adverse to him, for the purpose of determining such adverse claims. NRS  40.010;
  2. Complaint must be verified. NRS 40.090-1;
  3. Summons must be issued within one year of filing the complaint and served per NRCP. NRS 40.100-1;
  4. Lis Pendens must be filed with the county recorder within 10 days of filing of the complaint. NRS 40.090-3;
  5. Copy of the Summons must be posted on the property within 30 days after the summons is issued, and an affidavit of posting must be filed with the court. NRS 40.100-2;
  6. Disclaimer must be filed. NRS 40.020;
  7. Affidavit to unknown heirs must be filed. NRS 14.040(3);
  8. Court must hold a hearing on the evidence in order to issue judgment. Quiet title may not be obtained through default judgment.  NRS 40.110; and
  9. Record a certified copy of the judgment quieting title. NRS 247.120(o).

Joyner v. Bank of America Home Loans, Case No. 2:09-CV-2406-RCJ-RJJ 2010 WL 2953969 (D. Nev. 2010); Kemberling v. Ocwen Loan Servicing, LLC, Case No. 2:09-CV-00567-RCJ-LRL, 2009 WL 5039495 (D. Nev. 2009); Del Webb Conservation Holding Corp. v. Tolman, 44 F. Supp. 2d 1105, 1109-10 (D. Nev. 1999); Union Mill v. Mining Co. v. Warren, 82 F. 519, 520 (D. Nev. 1897); Howell v. Ricci, 197 P.3d 1044, 1046 n. 1 (Nev. 2008); Breliant v. Preferred Equities Corp., 112 Nev. 663, 669, 918 P.2d 314, 318 (Nev. 1996); Sceirine v. Densmore, 87 Nev. 9, 12, 479 P.2d 779 (1971); MacDonald v. Krause, 77 Nev. 312, 317-18, 362 P.2d 724 (Nev. 1961); Clay v. Scheeline Banking & Trust Co., 40 Nev. 9, 159 P. 1081, 1082-83 (1916).

 

See elements for other claims at the Nevada Law Library

In Nevada, the elements for a claim of breach of an implied warranty of merchantability are:

  1. Buyer purchases goods from a seller;
  2. Seller is a merchant with respect to the goods of the type of those in question;
  3. Nevada law implies a warranty of merchantability unless specifically excluded or modified by contract with the seller (NRS 104.2314);
  4. The implied warranty is that the goods “shall be merchantable”;
  5. A disclaimer contained in a contract excludes warranty; and
  6. Causation and damages.

NRS 104.2314; NRS 104.2316; Scaffidi v. United Nissan, 425 F. Supp. 2d 1172 (D. Nev. 2005); Vacation Village, Inc. v. Hitachi Am. Ltd., 110 Nev. 481, 874 P.2d 744 (1994); Olson v. Richard, 120 Nev. 240, 247, 89 P.3d 31, 35 (2004); Sierra Creek Ranch, Inc., v. J.I. Case, 97 Nev. 457, 634 P.2d 458 (1981); “Unless excluded, or modified, a warranty of merchantability is implied in a contract if the seller is a merchant with respect to the goods in question.” Mohasco Indus., Inc. v. Anderson Halverson Corp., 90 Nev. 114, 520 P.2d 234, 235-36 (1974) (citing NRS 104.2314).

 

See elements for other claims at the Nevada Law Library

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