Terms of Use
These terms govern your use of kdsmediations.com. By using this website, you agree to them.
1. Acceptance of These Terms
Welcome to kdsmediations.com (the “Site”). I’m Kyle D. Smith, and I operate Kyle D. Smith Mediations as a sole proprietorship. These Terms of Use (“Terms”) govern your access to and use of the Site. By accessing or using the Site, you agree to be bound by these Terms and by my Privacy Policy. If you do not agree, please do not use the Site.
2. Who I Am
I provide private employment mediation services throughout California, conducted by Zoom. Kyle D. Smith Mediations is a sole proprietorship that I operate personally. You can reach me at kyle@kdsmediations.com or (949) 545-9984.
3. No Mediator or Attorney Relationship
The Site is informational. Using the Site, contacting me through it, or submitting an inquiry does not create a mediator–client relationship. No such relationship is formed until I and all participating parties have signed a written mediation engagement agreement.
When I serve as a mediator, I act as a neutral third party. I do not represent, advocate for, or provide legal advice to any party. I am a licensed California attorney, but I am never the attorney for a party to a mediation I conduct, and contacting me or using this Site does not create an attorney–client relationship—nothing on the Site is legal advice. To protect my neutrality, I do not accept any matter in which I have a conflict of interest with a party, or any matter in which I have litigated for or against a party.
4. Informational Purpose; Not Legal Advice
Content on the Site is provided for general informational purposes only and is not legal advice. Mediation outcomes depend on the facts of each matter, and general information cannot account for your specific circumstances. You should consult a qualified attorney about your own situation. Please do not send me confidential or time-sensitive information through the Site—see my Confidentiality Statement.
5. Intellectual Property
Unless otherwise noted, all content on the Site—including text, graphics, logos, the “Kyle D. Smith Mediations” name and wordmark, icons, and overall design—is owned by me or my licensors and is protected by copyright, trademark, and other laws. You may view and print Site pages for your own non-commercial reference. You may not reproduce, distribute, modify, frame, or create derivative works from any part of the Site without my prior written permission.
6. Acceptable Use
You agree to use the Site lawfully. You will not attempt to gain unauthorized access to the Site or its underlying systems; interfere with its operation or security; use automated means to scrape, harvest, or collect data from it; or submit content that is unlawful, infringing, harmful, or misleading.
7. Third-Party Links
The Site may link to third-party websites for your convenience. I do not control and am not responsible for their content, policies, or practices. Visiting linked sites is at your own risk, and their terms and privacy policies govern your use of them.
8. Disclaimer of Warranties
The Site is provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. I do not warrant that the Site will be uninterrupted, error-free, or secure, or that any information on it is accurate, complete, or current.
9. Limitation of Liability
To the fullest extent permitted by law, I will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill, arising out of or relating to your use of (or inability to use) the Site, whether based in contract, tort, or any other legal theory, even if advised of the possibility of such damages.
10. Indemnification
You agree to indemnify and hold me harmless from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of your misuse of the Site or your violation of these Terms.
11. Privacy
Your use of the Site is also governed by my Privacy Policy, which explains what information I collect, how I use it, and the choices available to you.
12. Changes to These Terms
I may update these Terms from time to time. Changes take effect when posted, and the “Last updated” date above will reflect the most recent revision. Your continued use of the Site after changes are posted constitutes acceptance of the updated Terms.
13. Governing Law and Venue
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Site will be subject to the exclusive jurisdiction of the state and federal courts located in Orange County, California, where my practice is based in Irvine. Mediations themselves are conducted by Zoom.
14. Contact
Questions about these Terms? Email me at kyle@kdsmediations.com.