Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have related to your use of the Sites on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
1. No Attorney-Client Relationship
The materials on this website are for informational and educational purposes only. They are not offered as and do not constitute legal advice or legal opinions. The materials should not be used as a substitute for seeking professional legal advice. Your use of this website does not create an attorney-client relationship between Arent Fox LLP and you.
The formation of an attorney-client relationship requires prior satisfaction of multiple factors including resolution of possible conflicts of interest, an appropriate fee arrangement and mutual agreement on the terms of the engagement. Please do not convey to us any information that you regard as confidential until a formal attorney-client relationship has been established. Any information you convey to Arent Fox LLP via the Internet may not be secure, and information conveyed prior to establishing an attorney-client relationship may not be privileged or confidential.
This website is not intended to be advertising and Arent Fox LLP does not wish to represent anyone desiring representation based upon viewing this website in a state in which this website fails to comply with all laws and ethical rules of that state.
2. Copyright Ownership
The Sites are protected by the copyright laws of the United States and other jurisdictions. You may print a copy of any part of the Sites for your personal, non-commercial use, but you may not copy any part of the Sites for any other purpose, and you may not modify any part of the Sites for any reason. Inclusion of any part of the Sites in another work, whether in printed, electronic or other form, and inclusion of any part of the Sites in another website by linking, framing or otherwise, are prohibited. Our operation of this website is not intended to create, and will not create, an attorney-client relationship with you.
3. Trademark Rights
The trademarks, service marks, and logos of Arent Fox belong exclusively to Arent Fox (“AF Marks”). The AF Marks are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on the Sites confers on you any license or right under the AF Marks or the trademarks of any third party.
4. Use Restrictions
You agree not to use the Sites for any purpose that is unlawful or that is designed or intended to interrupt, destroy or limit the functionality of the Sites. You further agree not to use the Sites in any manner that:
- copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Sites or any portion thereof;
- is intended to obtain unauthorized access to the Sites, any portion thereof, or any server(s) or devices on which the Sites or any related data or information is stored;
- infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
- consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- causes us to lose (in whole or part) the services of our internet service providers or other suppliers;
- links to materials or other content, directly or indirectly, to which you do not have a right to link;
- is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by Arent Fox in its sole discretion; or
5. Accuracy of Information
You agree, as applicable, to provide Arent Fox with accurate information and not to impersonate or otherwise misrepresent your association or affiliation with any person, organization, or entity.
6. Disclaimer of Warranties
ARENT FOX DOES NOT ENDORSE, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES OR ON ANY THIRD-PARTY WEBSITES THAT MAY BE ACCESSED BY A LINK FROM THE SITES. YOU SHOULD NOT ACT UPON THE INFORMATION SET FORTH ON THE SITES WITHOUT FIRST SEEKING PROFESSIONAL COUNSEL. UNDER NO CIRCUMSTANCES WILL ARENT FOX BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES OR ON ANY THIRD-PARTY WEBSITE THAT MAY BE ACCESSED BY A LINK FROM THE SITES.
YOU UNDERSTAND AND AGREE THAT THE SITES ARE PROVIDED TO YOU ON AN AS IS AND AS AVAILABLE BASIS. ARENT FOX DISCLAIMS IMPLIED WARRANTIES THAT THE SITES AND ALL SOFTWARE, CONTENT AND SERVICES, AND INFORMATION DISTRIBUTED THROUGH THE SITES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ARENT FOX OR A REPRESENTATIVE SHALL CREATE A WARRANTY.
7. Copyright Infringement
If you believe any content on the Sites infringes a copyrighted work, you may submit a notice to our Copyright Agent at firstname.lastname@example.org. Such notice must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- 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 us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an e-mail address at which the complaining party may be contacted;
- A statement that the complaining party has 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
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We reserve the right to restrict, modify, suspend, or terminate your access to the Sites, with or without cause or prior notice, at any time, and without any liability to you.
To the extent permitted by law, Arent Fox may sell, transfer, or otherwise share some or all of our assets, including your PII, in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In each such event, the PII we have collected from you may be one of the assets transferred.
11. Age Limitation
The Sites are not intended for use by persons under the age of 13. Arent Fox does not knowingly collect information from visitors under the age of 13 and, in the event that we learn that a person under the age of 13 has provided Arent Fox with PII, we will delete such PII.
12. Limitation of Liability
In no event shall Arent Fox or any third parties mentioned on the Sites be liable for any damages (including, without limitation, incidental, consequential or other indirect damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from your use of or inability to use the Sites, whether based on warranty, contract, tort, or any other legal theory, and whether or not Arent Fox is advised of the possibility of such damages.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH ARENT FOX IS TO DISCONTINUE YOUR USE OF THE SITES OR ANY SERVICES OFFERED BY ARENT FOX. IN NO EVENT SHALL OUR LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.
13. Dispute Resolution
By using the Sites, you and Arent Fox agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites, or the breach, enforcement, interpretation, or validity of these Terms or any part thereof (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to Arent Fox LLP at 1717 K Street NW, Washington, DC 20006.
Both you and Arent Fox agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect in the District of Columbia metropolitan area before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable.
14. Choice of Law and Forum
You agree that the laws of the District of Columbia govern the Terms and any claim or dispute that you may have against us, without regard to D.C.’s conflict of laws rules. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the foregoing with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
We reserve the right to modify these Terms at any time. Your continued use of the Sites after any such modifications have been made shall be deemed to be your conclusive acceptance of any modified version of the Terms. We will indicate that changes to the Terms have been made by updating the date indicated after “Updated ”at the beginning or end of these Terms. If you do not agree to abide by the initial version and any modified version of the Terms, then you are not authorized to use the Sites.
Last Updated: May 25, 2018