Who We Are
Tectonic, LLP is a boutique intellectual property and business law firm of two attorneys who serve clients from their office in the Heart of Noe Valley building in San Francisco, California.
Tectonic's attorneys act as counselors, negotiators, and litigators in trademark, copyright, privacy, and related business disputes. This means that we will take a fight to court, but we also know our way around intellectual property and business agreements that tend to resolve disputes, as well as dispute resolution tactics.
Brand owners in the cannabis, cryptocurrency, creative, and psychedelic industries seek out Tectonic's representation because Tectonic's attorneys specialize in counseling clients operating in liminal spaces. We fight fiercely—and win with integrity—for our clients, pushing the boundaries of culture along side them. We candidly explain to clients where their business operations brush up against laws and regulations, and work with clients to design legal strategies that reflect each client's individual business goals, priorities and limitations.
Living, working, and playing in Silicon Valley, Tectonic’s modern lawyers are tech savvy and utilize a variety of software and systems so that we always have your information securely at our fingertips. You will never have to come into a stuffy office to get answers from Tectonic's attorneys. Plus, efficiency results in faster, smoother workflows, and lower costs for our clients.
In addition to cutting-edge market experience and tech savviness, Tectonic's attorneys also have the traditional legal background qualifications to recite. That is, Tectonic’s attorneys are admitted to practice everywhere in the State of California, and in the federal district courts of California. Tectonic’s litigators also practice before administrative tribunals, like the United States Patent and Trademark Office.
Tectonic’s attorneys speak at virtual and in-person events for clients, attorneys and the general public on topics related to intellectual property law, civil and prisoner rights, the ethics of practicing law for emerging markets, and those topics as they relate specifically to the cannabis, cryptocurrency, psychedelic, and creative industries.
Send us a message to learn how to work with us.
Paige N. Pembrook
Earth Shaker / Partner
Paige provides brand protection and litigation services to clients in the cannabis and creative industries throughout California. She focuses her law practice on resolving disputes involving trademarks, trade secrets, copyrights, unfair competition law, consumer law, and data privacy.
Paige is a proud Californian and an enthusiastic supporter of California’s creative and cannabis-related businesses. She earned her Bachelor of Arts in English Literature from the University of California in Los Angeles, where she also participated in writing, acting, and art courses. Then, she earned her Juris Doctor from the University of California Hastings College of the Law in San Francisco, where she also received a certificate of concentration in intellectual property law.
Outside of her formal education, Paige’s perspective is further informed by a wide range of past experiences working on civil litigation proceedings in Bay Area and Washington D.C. law firms and legal clinics, such as the Federal Trade Commission, the California Department of Justice, the California Supreme Court, and the Electronic Frontier Foundation.
Currently, Paige keeps tabs on emerging laws affecting her clients as an Executive Committee Chair for the Bar Association of San Francisco Barrister’s Cannabis, Alcohol, and Regulated Industries section. She also is an active member of California Lawyers for the Arts and the International Association of Privacy Processionals. She also volunteers time in support of legal projects for Spread the Vote, a non-profit dedicated to spreading identification access and information needed to expand voter participation in elections.
Outside of legal endeavors, Paige also dedicates time to volunteer in a non-legal capacity. Every week, she cares for exotic animals at the Peninsula Humane Society and SPCA. She also cares for a variety of plants as a greenhouse volunteer for the San Mateo Arboretum Society.
If you are in a dispute, then Paige can help you.
University of California, Hastings College of the Law, J.D., cum laude (2015)
University of California, Los Angeles, B.A. English (2010)
Publications & Speaking Engagements
Intellectual Property Fundamentals for Cannabis Industry Founders, Success Centers, November 17, 2021
Advising California Cannabis Companies, Bar Association of San Francisco, June 16, 2020 (Moderator)
The State Bar of California Moves to Suspend Michael Avenatti’s Law License, FMG BlogLine, June 11, 2019 (Author)
Hannah M. Stitt
Mountain Mover / Partner
Hannah loves resolving her client’s intellectual property and business problems. She provides services to clients throughout California and the United States. She focuses her law practice on resolving disputes involving trademarks, trade secrets, copyrights, unfair competition law, and data privacy.
After a decade working in the California legal field and in movement lawyering, Hannah is not intimidated by the innovative or unknown. A firebrand litigator, Hannah ardently supports clients at every stage of their brand creation and development process. Her intellect, unwavering persistence, and network connections enable her to move mountains for clients.
Hannah is a San Francisco native and double graduate of the University of California system. Hannah graduated with Honors from University of California Davis in 2010, earning degrees in both Religious Studies and Film Studies while working as a litigation secretary for an expert witness and a legal intern at a law firm specializing in attorney ethics. Then, Hannah earned her J.D. from the University of California Hastings College of the Law, where she received a certificate of concentration in intellectual property.
In addition to her formal education, Hannah's perspective benefits from a wide range of experience working on civil proceedings (both transactional and litigation) in Bay Area law firms and legal clinics including Epperly & Elam LLP, Ad Astra Law Group LLP, NetSuite Inc., and the Prisoner Advocacy Network.
Hannah joined the legal community servicing the California cannabis industry in 2012, and she has educated attorneys on panels and presentations since 2018. As the cannabis industry grew and evolved, her law practice transitioned from deal-making and compliance work into complex litigation over intellectual property rights and related business claims. Her advice and counsel to both attorneys and industry operators over the years has shaped the market.
Currently, Hannah sits on the Ethics Committee for the International Cannabis Bar Association, as well as both the Barrister’s Cannabis, Alcohol and Regulated Industries committee and Intellectual Property committee for the Bar Association of San Francisco. She also works with the Prisoner Advocacy Network, where she fights alongside California prisoners to improve their living conditions and uphold their civil rights. Her committee work and pro bono work directly inform her legal practice litigating for clients in highly regulated industries.
Send Hannah a message to learn about her services.
University of California, Hastings College of the Law, J.D. (2015)
University of California, Davis, B.A. Film Studies, B.A. Religious Studies, with honors (2010)
The continuing cannabis “banking crisis” reveals, federal incentives are sweeter than the industry’s prospects for financial institutions, Daily Journal, April 17, 2020
Intellectual Property Fundamentals for Cannabis Industry Founders, Success Centers, November 17, 2021
What A Long Strange (Legal) Trip Its Been, Bar Association of San Francisco, August 17, 2021 (moderator)
What We Do
Whether you need to enforce your rights or defend them, Tectonic’s intellectual property attorneys can help you. We solve complex business and legal challenges via a client-centered approach. Our attorneys dedicate time and attention to understanding our clients’ products and services, as well as internal systems, in order help our clients fully capture and protect their full portfolio of trademarks, copyrights, privacy rights, publicity rights, and other intangible assets. Tectonic’s attorneys simplify the complex intricacies of intellectual property law into digestible, plain English that clients can easily grasp and translate into operational strategies for securing and protecting the value of their branding and creative work product.
Tectonic is a full-service litigation firm, protecting our clients’ companies and brand assets by resolving intellectual property disputes at any stage of pre-litigation negotiation, litigation, trial, or post-trial appeal. Our attorneys are experienced at litigating trademark, copyright, consumer, and competitor disputes in a variety of forums, including federal and state courts, as well as administrative agencies at the United States Patent and Trademark Office and Federal Trade Commission. Tectonic’s attorneys also understand the importance of engaging consulting and testifying experts early in the dispute resolution process, which may end a dispute before it even gets off the ground and avoid more lengthy and difficult litigation.
As legal consultants and business advisors, Tectonic's attorneys analyze clients' intellectual property strategies, licenses, and other related business and consumer agreements to identify terms and pathways to avoid and preempt future litigation. Through this holistitc approach, Tectonic helps clients’ businesses prosper in the digital age.
Learn how Tectonic can help your business thrive.
Business Advice & Counsel
Trademark and Branding Prosecution & Litigation
Copyright Prosecution & Litigation
Domain Name and Online Squatting Prosecution & Litigation
Privacy Litigation (including Celebrity Identity & Publicity rights, Cyber Security & Data Protection, and Consumer Protection claims)
Trade Secret Protection & Litigation
Tectonic's litigators are admitted to practice before the following courts:
all Superior Courts of the State of California
Northern District of California
Eastern District of California
Central District of California
Southern District of California
Tectonic’s intellectual property attorneys do not practice patent law, but we know excellent attorneys who do! We are happy to connect individuals and companies with qualified attorneys from our network.
Send us a message about your business needs today.
Tectonic, LLP will respond to your inquiry as soon as possible.
DISCLAIMER: No attorney-client relationship is created by submitting an inquiry or request for free initial consultation.
Tectonic, LLP and tectoniclaw.com (including related domains and subdomains) (collectively, the “Sites”), provide online access to information about Tectonic, LLP and the legal services that the firm’s attorneys provide.
Tectonic, LLP strives to keep the information contained on the websites current, accurate, and up-to-date, but we do not guarantee that all the information available on the Sites, or provided in documents obtained from the Sites, is current at all times or in all areas, because the law is constantly changing and varies among jurisdictions.
The information provided via the Sites is NOT legal advice and is NOT a substitute for the advice of an attorney. If you need an attorney, or if it was suggested you contact an attorney, please do so. Time is of the essence, because different areas of law have different statute of limitations which could limit your rights if you wait.
Tectonic, LLP is a firm of lawyers, but we are NOT your lawyers based on your use of the Sites. Nothing on the Sites is intended to form an attorney-client relationship. Your interaction with the Sites does not form such a relationship. If you are interested in retaining Tectonic, LLP to provide legal advice, please use the form on our "Contact Us" page to learn more about how to hire us. However, be advised that submitting this form does not create an attorney-client relationship.
If you have any questions about the nature of Tectonic, LLP and the Site’s services, or any of our terms or policies, please direct your questions to email@example.com.
This Legal Disclaimer was last updated on November 25, 2021.
Thank you for choosing to be part of our community at Tectonic, LLP ("Company," "we," "us," or "our"). We are committed to protecting your personal information and your right to privacy. The purpose of this privacy notice is to describe how we might use your information if you visit our website at http://www.tectoniclaw.com or related domain names (the "Website"), what information we collect, how we use it, and what rights you have related to it. If there are any terms in this privacy notice that you do not agree with, please immediately discontinue use of our Website, and other related services, including any sales, marketing, or events (the "Services"). If you have any questions or concerns about this privacy notice or our practices regarding your personal information, please contact us at firstname.lastname@example.org.
1. WHAT INFORMATION DO WE COLLECT?
A. WE COLLECT PERSONAL INFORMATION THAT YOU DISCLOSE TO US.
We collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us or our products and Services, when you participate in activities on the Website or otherwise when you contact us.
The personal information that we collect depends on the context of your interactions with us and the Website, the choices you make and the products and features you use. The personal information we collect may include the following:
Personal Information. We collect names; phone numbers; email addresses; mailing addresses; job titles; contact preferences; contact or authentication data; billing addresses; debit/credit card numbers; usernames; passwords; and other similar information.
Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number or wire transfer information), and the security code associated with your payment instrument. All payment data is stored by LawPay.
B. WE COLLECT PERSONAL INFORMATION THAT IS AUTOMATICALLY COLLECTED.
We automatically collect certain information when you visit, use or navigate the Website. This information may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Website and other technical information. This information is primarily needed to maintain the security and operation of our Website.
Like many businesses, we also collect information through cookies and similar technologies. The information we collect includes:
Log and Usage Data. Log and usage data is service-related, diagnostic, usage and performance information our servers automatically collect when you access or use our Website and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings, and information about your activity in the Website, device event information, error reports, and hardware settings.
Device Data. We collect device data such as information about your computer, phone, tablet or other device you use to access the Website. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system and system configuration information.
Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Website. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. Note however, if you choose to opt out, you may not be able to use certain aspects of the Website and Services.
2. HOW DO WE USE YOUR INFORMATION?
We process your information for purposes based on legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We may use the information we collect or receive: (a) to request feedback and to contact you about your use of our Website; (b) for the purposes of managing your account and keeping it in working order; (c) to send you product, service, and new feature information and/or information about changes to our terms, conditions, and policies; (d) to keep our Website safe and secure; (e) to enforce our terms, conditions, and policies for business purposes, to comply with legal and regulatory requirements, or in connection with our contract; (f) to respond to legal requests and prevent harm; (g) to provide you with the requested service; (h) to your inquiries and solve any potential issues you might have with the use of our Services; (i) to send you marketing and promotional communications, if this is in accordance with your marketing preferences; (j) for other business purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Website, products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information.
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations. We may process or share your data that we hold based on the following legal basis:
Consent. We may process your data if you have given us specific consent to use your personal information for a specific purpose.
Legitimate Interests. We may process your data when it is reasonably necessary to achieve our legitimate business interests.
Performance of a Contract. Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
Legal Obligations. We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
Vital Interests. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
More specifically, we may need to process your data or share your personal information in the following situations: (a) We may share your data with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work (i.e. payment processing, data analysis, email delivery, hosting services, customer service, and marketing efforts; (b) We may allow selected third parties to use tracking technology on the Website, which will enable them to collect data on our behalf about how you interact with our Website over time; and (c) We may share your information with our business partners to offer you certain products, services, or promotions.
4. WHO WILL YOUR INFORMATION BE SHARED WITH?
We only share and disclose your information with the following categories of third parties: (a) cloud computing services; (b) communication and collaboration tools; (c) data analytics services; (d) data storage service providers; (d) finance and accounting tools; (f) payment processors; (g) sales and marketing tools; and, (h) website hosting service providers.
If we have processed your data based on your consent and you wish to revoke your consent, please contact us using the contact details provided in the section below titled "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?".
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other similar mechanism.
6. HOW LONG DO WE KEEP YOUR INFORMATION?
We will only keep your personal information for as long as necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible, then we will securely store your personal information and isolate it from any further processing until deletion is possible.
7. HOW DO WE KEEP YOUR INFORMATION SAFE?
We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Website is at your own risk. You should only access the Website within a secure environment.
8. WHAT ARE YOUR PRIVACY RIGHTS?
You may review, change, or terminate your account at any time. Based on the applicable laws of your country, you may have the right to request access to the personal information we collect form you, change the information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request by emailing email@example.com.
9. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
A. CALIFORNIA RESIDENTS HAVE SPECIFIC RIGHTS REGARDING ACCESS TO INFORMATION.
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing by emailing firstname.lastname@example.org.
B. CCPA PRIVACY NOTICE.
The California Code of Regulations defines a "resident" as: every individual who is in the State of California for other than a temporary or transitory purpose; and, every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose. All other individuals are defined as "non-residents." If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information.
Categories of Personal Information that We Collect:
We have collected the following categories of personal information in the past twelve (12) months: (Category A) Identifiers (e.g., contact details, such as real name, alias, postal address, telephone number, unique personal identifier, online identifier, Internet Protocol address, email address and account name); (Category B) Personal information categories listed in the California Customer Records statute (e.g., name, contact information, education, employment status and history, and financial information);
(Category D) Commercial information (e.g., transaction information, purchase history, financial details, and payment information). We may also collect other personal information outside of these categories instances where you interact with us in-person, online, or by phone or mail in the context of: (i) receiving help through our customer support channels; (ii) participation in customer surveys or contests; and (iii) facilitation in the delivery of our Services and to respond to your inquiries.
How We Use and Share Your Personal Information:
More information about our data collection and sharing practices can be found in this privacy notice. We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for- profit entity that processes the information on our behalf. We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal data. We have not sold any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. Tectonic, LLP will not sell personal information in the future belonging to website visitors, users, and other consumers.
Your Rights With Respect to Your Personal Data:
You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation or any processing that may be required to protect against illegal activities.
Depending on the circumstances, you have a right to know: (i) whether we collect and use your personal information; (ii) the categories of personal information that we collect; (iii) the purposes for which the collected personal information is used; (iv) whether we sell your personal information to third parties;
(v) the categories of personal information that we sold or disclosed for a business purpose; (vi) the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and, (vii) the business or commercial purpose for collecting or selling personal information.
You have a right not to be discriminated against for your exercise or consumer privacy rights. We will not discriminate against you if you exercise your privacy rights.
You may object to the processing of your personal data.
You may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the data
You may designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.
You may request to opt-out from future selling of your personal information to third parties. Upon receiving a request to opt-out, we will act upon the request as soon as feasibly possible, but no later than 15 days from the date of the request submission.
To exercise these rights, you can contact us by email at email@example.com. Upon receiving a request from you, we will need to verify your identity to determine that you are the same person about whom we have the information in our system. This will require us to ask you to provide information so that we can match it with information you have previously provided to us. We will only use personal information provided in your request to verify your identity or authority to make the request.
10. DO WE MAKE UPDATES TO THIS NOTICE?
We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible.
11. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or comments about this notice, you may contact us at firstname.lastname@example.org.
This Privacy Notice was last updated on November 25, 2021.
1. AGREEMENT TO TERMS
2. INTELLECTUAL PROPERTY RIGHTS
posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
3. USER REPRESENTATIONS
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
4. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
A) Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
B) Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
C) Circumvent, disable, or otherwise interfere with security-related features of the Site.
D) Use any information obtained from the Site in order to harass, abuse, or harm another person.
E) Make improper use of our support services or submit false reports of abuse or misconduct.
F) Use the Site in a manner inconsistent with any applicable laws or regulations.
G) Engage in unauthorized framing of or linking to the Site.
H) Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
I) Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
J) Delete the copyright or other proprietary rights notice from any Content.
K) Attempt to impersonate another user or person or use the username of another user.
L) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
M) Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
N) Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
O) Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
P) Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Q) Use a buying agent or purchasing agent to make purchases on the Site.
R) Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
6. SITE MANAGEMENT
7. TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
8. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no
obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
9. GOVERNING LAW
These Terms shall be governed by and defined following the laws of the State of California. Tectonic, LLP and you irrevocably consent that the courts of California shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
10. DISPUTE RESOLUTION
ANY AND ALL CONTROVERSIES, CLAIMS, OR DISPUTES BETWEEN YOU AND ANYONE (INCLUDING THE COMPANY AND ANY EMPLOYEE, OFFICER, DIRECTOR, MEMBER, OR BENEFIT PLAN OF THE COMPANY IN THEIR CAPACITY AS SUCH OR OTHERWISE) ARISING OUT OF, RELATING TO, OR RESULTING FROM THIS AGREEMENT, WILL BE SUBJECT TO BINDING ARBITRATION UNDER THE ARBITRATION RULES OF, AND PURSUANT TO THE STATE LAW OF, THE STATE OF CALIFORNIA, INCLUDING THE CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1280 THROUGH 1294.2 (THE "RULES"). THE FEDERAL ARBITRATION ACT WILL CONTINUE TO APPLY WITH FULL FORCE AND EFFECT NOTWITHSTANDING THE APPLICATION OF PROCEDURAL RULES SET FORTH IN THE CALIFORNIA CODE OF CIVIL PROCEDURE.
ANY ARBITRATION WILL BE ADMINISTERED BY JAMS, THE RESOLUTION EXPERTS (“JAMS”). THE NEUTRAL ARBITRATOR WILL BE SELECTED IN A MANNER CONSISTENT WITH JAMS' COMPREHENSIVE ARBITRATION RULES AND PROCEDURES. THERE WILL BE ONLY ONE (1) NEUTRAL ARBITRATOR. THE ARBITRATOR WILL HAVE THE POWER TO DECIDE ANY MOTIONS BROUGHT BY ANY PARTY TO THE ARBITRATION, INCLUDING MOTIONS FOR SUMMARY JUDGMENT AND/OR ADJUDICATION AND MOTIONS TO DISMISS AND DEMURRERS, PRIOR TO ANY ARBITRATION HEARING. THE ARBITRATOR WILL HAVE THE POWER TO AWARD ANY REMEDIES, INCLUDING ATTORNEYS’ FEES AND COSTS, AVAILABLE UNDER APPLICABLE LAW. THE COMPANY WILL PAY FOR ANY ADMINISTRATIVE OR HEARING FEES CHARGED BY THE ARBITRATOR OR JAMS. THE ARBITRATOR WILL ADMINISTER AND CONDUCT ANY ARBITRATION IN A MANNER CONSISTENT WITH THE RULES. THE DECISION OF THE ARBITRATOR MUST BE IN WRITING.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
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13. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
15. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
16. CONTACT US
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Who We Help
California is a world economic leader and the epicenter for creative and technological innovation in the United States. Tectonic’s clients are creatives, entrepreneurs, and companies operating in or serving emerging industries throughout California and beyond. To date, those markets include creative industries, cryptocurrency, cannabis (marijuana and hemp), and psychedelics. Tectonic’s clients are performing on a global scale, where preserving and protecting intellectual property rights is essential for clients to remain competitive and thrive.
Are you operating in an emerging market or developing something new? Send us a message today.
As a reflection of their lifelong interests in the arts, Tectonic's attorneys received undergraduate degrees in Film Studies and English Literature, and then pursued concentrated studies in intellectual property law. Since entering the legal industry, Tectonic's attorneys continue to demonstrate a keen understanding of and enthusiasm for how copyright, trademark, privacy, publicity, and contract rights can help and hinder creative processes.
Tectonic’s attorneys have engaged in discourse with cryptocurrency industry thought leaders since 2011—before most current developers distinguished cryptocurrency from Bitcoin. Our attorneys’ insight into the technology and industry, familiarity with financial institution regulations, and grasp of regulatory agency politics facilitates more accurate risk assessment for clients' intellectual property management strategy.
Cannabis Industry (marijuana and hemp)
Tectonic’s intellectual property attorneys are experienced in negotiating and litigating disputes for all kinds of stakeholders in the cannabis industry. Though still a fledgling industry, there are already hundreds of regulations governing all aspects of commercial cannabis operations in California. Entrepreneurs and companies must incorporate compliance into daily operations, including their intellectual property and marketing strategies.
Immersed in the California cannabis industry before even the creation of the medical market, Tectonic’s professional network includes local and state regulators, industry leaders, politicians, activists, and journalists. Whether you are a farmer cultivating cannabis in Humboldt, dispensary owner in Alameda, manufacturer of edibles and tinctures in San Diego, laboratory in Santa Cruz or a professional services provider located in Tulare, Tectonic’s attorneys are cannabis marketplace wonks ready to help you with your branding and business needs.
The states’ operation of legal cannabis markets, coupled with the extreme conditions of the global COVID-19 pandemic, opened minds and hearts to the medical and cultural benefits of ingesting psychedelics. This seismic shift in cultural attitude is a magnitude order of tectonic proportions. Nobody can predict the future, but one fact rings true across all emerging industries: intellectual property rights accruing pursuant to common law and statute are valuable, fungible assets.
Send us a message about your business today.