Last modified on February 14, 2012.
A. USE CONSTITUES AGREEMENT AND CONSENT
B. NO LEGAL ADVICE
The information contained on the Website is not legal advice and should not be construed as legal advice on any specific facts or circumstances. Users should not act upon the information contained in the Website without professional counsel. The contents are intended for general information purposes only. The information contained in the Website is not intended to create or constitute an attorney-client relationship. All views and opinions expressed on this Website are those of the Operator and do not necessarily reflect the views of Skadden, Arps, Slate, Meagher & Flom LLP.
D. RELIANCE ON INFORMATION POSTED
The information presented on or through the Website is made available solely for general information purposes. The Operator does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Operator disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
E. ACCESSING THE WEBSITE
Access to the Website is permitted on a temporary basis, and the Operator reserves the right at its sole discretion to withdraw or amend any service provided on the Website without notice to users. The Operator will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, the Operator may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
F. PERSONAL INFORMATION PROVIDED BY YOU
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information such as your name, address, phone number, e-mail address, etc. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
This information may be used to enable the Operator to contact you, to allow you to use specific features of the Website, or for other reasons permitted by law. If you do not provide the requested information, you may not be able to access all of the features of the Website.
The Operator may use your personal information to contact and communicate with you, to reply to your questions, to provide you with information or services or as applicable law otherwise permits. All communications/information may be kept on file for such period of time as deemed appropriate by the Operator, subject to applicable law.
G. AUTOMATIC COLLECTION OF INFORMATION
The Operator may collect information regarding Website users, including but not limited to your IP address and Internet Service Provider (ISP), when you used the Website, your computer’s operating system, what parts of the Website you visit, operating system you are using, the sections of the Website you visit, pages accessed and any material you may post or retrieve off the site. This type of information is used in connection with system administration, and may be used to make changes to the Website. This type of information may be disclosed to others and chronicled for later purposes.
H. PERSONAL INFORMATION PROVIDED TO OTHER PARTIES
The Operator may only disclose your personal information: (a) to persons you have authorized the Operator to provide such information; (b) to affiliated business entities, subsidiaries, etc. for reasons regarding your use of the Website; (c) to another business entity in the event of a sale, transfer, or merger provided the other entity agrees to keep all such information confidential according to terms at least as strict as this policy; (d) as required by law to comply with a warrant, subpoena, an order of a court, or government investigation.
I. LOGON/REGISTRATION INFORMATION
If you choose, or you are provided with, a user name, password or any other piece of information as part of the Website’s security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify Company of any unauthorized use of your user name or password or any other breach of security, and ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
J. RECORD RETENTION AND SECURITY
The Operator maintains all information provided by you at locations deemed appropriate by the Operator for the storage of such information. The Operator uses security measures applicable to the nature of the information provided. Bear in mind that risks cannot ever be completely eliminated and the Operator is unable to guarantee that your personal information will not be disclosed contrary to this policy. The Operator will comply with all applicable laws upon the occurrence of any unauthorized disclosure of personally identifiable information.
K. ENTITLEMENT TO ACCESS YOUR PERSONAL INFORMATION
You are entitled to request access to your personal information, as well as the Operator’s collection, disclosure, and use of such information you have provided. To request access, please contact the Operator at email@example.com. You will then be eligible to review such information in accordance with law, to dispute the accuracy or completeness of such information, or to request changes to such information.
L. WEBSITE E-MAIL
The Operator may send you email or other communication containing information about the Website or other entities. You may request the Operator to discontinue sending you e-mails at any time by sending an e-mail to firstname.lastname@example.org.
M. LINKS TO OTHER WEBSITES
The Website contains links to unassociated third party websites. These links are provided for your convenience only. The Website may also contain advertiser links. The Operator has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. By using the Website, you are agreeing to hold the Operator harmless for any claims or causes of action that may arise due to the other websites’ collection, use or disclosure of your personal information.
N. LINKING TO THE WEBSITE
You may link only to the homepage of the Website, provided you do so in a way that is fair and does not damage the Operator’s reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement by the Operator where none exists. You must not establish a link from any website that is not owned by you. The Website must not be framed on any other site.
O. INTELLECTUAL PROPERTY RIGHTS
The entire contents of the Website (including all information, software, text, displays, images, video and audio) and the design, selection, and arrangement thereof, are owned by the Operator and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other intellectual property or proprietary rights.
You are permitted to use the Website for your personal, non-commercial use only or legitimate business purposes related to your role as a current or prospective client of the Operator. You must not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any of the material on our site without the prior written consent of the Operator, except to:
• Store copies of such materials temporarily in RAM.
• Store files that are automatically cached by your Web browser for display enhancement purposes.
• Print a reasonable number of pages of the Website for a permitted use.
You must not:
• Modify the paper or digital copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark and other proprietary notices appearing on such materials.
You must not reproduce, sell, or exploit for any commercial purposes any part of the Website, access to the Website, or use of the Website or any services or materials available through the Website without obtaining a license to do so from the Operator. If you wish to make any use of material on the Website other than that set out above, please address your request to: email@example.com
The Website name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Operator. You must not use such marks without the prior written permission of the Operator.
P. ATTORNEY ADVERTISING
Portions of the Website contain attorney advertising under applicable rules of professional conduct. Prior results do not guarantee a similar outcome. Each representation has unique facts and circumstances that may impact results.
Q. PROHIBITED USES
• in any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
• to procure the sending of, any advertising or promotional material without prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
• to impersonate or attempt to impersonate another user, person, or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing); or
• to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by the Operator, may harm the Operator or users of the Website or expose them to liability.
Additionally, you agree not to:
• use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website;
• use any robot, spider, or other automatic device, process or means to access the Website;
• use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without prior written consent of the Operator;
• use any device, software or routine that interferes with the proper working of the Website;
• introduce any viruses or other technologically harmful or malicious material;
• attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
• attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
• otherwise attempt to interfere with the proper working of the Website.
R. USER CONTRIBUTIONS
The Website may contain posts, message boards, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display or transmit to other users (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary, and the Operator reserves the right to use, copy, distribute, and disclose to third parties any such material for any purpose.
You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the Operator any necessary licenses.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Operator, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
Any content and/or opinions uploaded, expressed or submitted to the Website, and all articles and responses to questions and other content, other than the content provided by the Operator, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of the Operator. The Operator is not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.
S. MONITORING AND ENFORCEMENT; TERMINATION
The Operator has the right to:
• remove or refuse to post any User Contributions for any reason;
• disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
• take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and
The Operator can neither review all material before it is posted on the Website nor ensure prompt removal of objectionable material after it has been posted. Accordingly, the Operator assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third parties. The Operator has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
T. CONTENT STANDARDS
These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
• contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
• promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person;
• be likely to deceive any person;
• promote any illegal activity, or advocate, promote or assist any unlawful act;
• cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
• be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization;
• involve commercial activities and/or sales without our prior written consent, such as contests, sweepstakes and other sales promotions, barter, advertising or pyramid schemes; or
• give the impression that they emanate from the Operator, if this is not the case.
U. DISCLAIMER OF WARRANTIES
You understand that the Operator cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. THE OPERATOR WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE OPERATOR NOR ANY PERSON ASSOCIATED WITH THE OPERATOR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE OPERATOR NOR ANYONE ASSOCIATED WITH THE OPERATOR REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE OPERATOR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
V. LIMITATION ON LIABILITY
IN NO EVENT WILL THE WEBSITE, ITS AUTHOR, AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
X. GOVERNING LAW AND JURISDICTION
Y. LIMITATION ON TIME TO FILE CLAIMS
Z. WAIVER AND SEVERABILITY
AA. ENTIRE AGREEMENT