Welcome to the MorganLewis.com website provided by Morgan, Lewis & Bockius LLP. This Agreement contains the terms, covenants, conditions, and provisions upon which you may access and use this Site and the information and materials found on this Site. This Agreement also contains the privacy policy applicable to your use of this Site. This Agreement is effective as of May 30, 2007.
By accessing, viewing, or using this Site, you, the User, indicate that you understand and intend these Terms of Use and Privacy Policy to be the legal equivalent of a signed, written contract and equally binding, and that you agree to such Terms of Use and Privacy Policy. Please note that Morgan Lewis reserves the right to change the Terms of Use and Privacy Policy under which this Site and its many offerings are extended to you. Your continued use of this Site following reasonable notice of such modifications will constitute your acceptance of such changes. You also agree that notices we may provide on the Site itself shall be deemed reasonable notice for this purpose.
1. Disclaimer.
Materials on this Site have been prepared by Morgan Lewis for general informational purposes only. These materials do not, and are not intended to, constitute legal advice. These materials may be considered advertising in your state. Morgan Lewis does not wish to represent anyone desiring representation based upon viewing this Site in a state where this Site fails to comply with all laws and ethical rules of that state. The information provided at this website is not privileged and does not create an attorney-client relationship with Morgan Lewis or any of the firm's lawyers. The act of sending an e-mail to Morgan Lewis or any attorney at Morgan Lewis, or submitting a form response or other materials through the Site, will not create an attorney-client relationship. If you are not currently a client of Morgan Lewis, your e-mail will not be privileged and may be disclosed to third persons. This website is not an offer to represent you. You should not act, or refrain from acting, based upon any information at this website.
Morgan Lewis maintains offices in Pennsylvania, New York, the District of Columbia, California, Florida, New Jersey, Illinois, Massachusetts, Texas, Minnesota, France, England, Belgium, the Federal Republic of Germany, Japan, and China and has lawyers licensed to practice in many jurisdictions. The firm does not intend to practice law in any jurisdiction where the firm does not have licensed attorneys. The name of the lawyer responsible for this website is Thomas J. Sharbaugh.
2. Grant of License.
This Agreement provides you, the User, with a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with the Terms of Use of this Agreement. Users may print and download materials and information on this Site solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing and except as otherwise expressly permitted herein, a User may not modify, copy, distribute, broadcast, transmit, reproduce, publish, mirror, frame, license, transfer, sell, or otherwise use any information or material obtained from or through this Site. As a further condition of use of this Site, all Users warrant to Morgan Lewis that they will not use this Site for any purpose that is unlawful or otherwise prohibited by these Terms of Use. To seek permission to use materials and information (including screenshots of this Site) beyond the scope of the foregoing license, please contact the Communications Department at Morgan Lewis (215.963.5000, info@morganlewis.com). Any rights not expressly granted herein are reserved.
3. Intellectual Property Rights.
All material contained on this Site, unless otherwise indicated, is protected by law, including, but not limited to, United States copyright, trade secret (for password-protected areas), and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Morgan Lewis does not grant any express or implied right(s) to Users of this Site. Please be aware that Morgan Lewis actively and aggressively enforces its intellectual property rights to the fullest extent of the law. The contents of this Site are © 2004-2007 Morgan, Lewis & Bockius LLP. All Rights Reserved. Removing or altering the copyright notice on any material on this Site is prohibited. Morgan Lewis also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination and arrangement of the Site's content.
The trademarks MORGAN LEWIS®; MORGAN, LEWIS & BOCKIUS®; HSRSCAN®; RODSCAN®; and RCRASCAN®; and all other names, logos, and icons identifying Morgan Lewis and/or Morgan Lewis' products and services are proprietary marks of Morgan Lewis. Other product and company names mentioned herein may be the trademarks of their respective owners.
4. Copyright and Intellectual Property Agent for Notice.
The Site may contain materials posted by third parties. If you believe that any materials on this Site infringe any copyright or other intellectual property interest, please provide Morgan Lewis' Copyright and Intellectual Property Agent with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property interest that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf.
Morgan Lewis' Copyright and Intellectual Property Agent for Notice of claims of copyright or other intellectual property infringement on the Site is Ron N. Dreben.
Note: The contact information above is provided exclusively for notifying Morgan Lewis of copyright or other intellectual property infringement.
5. Privacy Policy.
Morgan Lewis shares your concerns about maintaining the privacy of personal information collected on the Internet. The following privacy policy discloses the information gathering and dissemination practices of Morgan Lewis in connection with the Site. See also the EU Privacy Policy. Use of this Site constitutes consent to Morgan Lewis’ collection and use of personal data as outlined therein.
(a) Collection of Personal Information from Site Users; Cookies. Morgan Lewis may collect and/or track (1) the home server domain names, e-mail addresses, type of computer, and type of Web browser of users to the Site, (2) the e-mail addresses of users that communicate with Morgan Lewis or the Site via e-mail, (3) information knowingly provided by the user in online forms, registration forms, surveys, etc. (including name, address, e-mail and other personal profile data), and (4) aggregate and user-specific information on which pages users access.
Morgan Lewis may place Internet “cookies” on users’ hard drives. Internet cookies can save data about individual users, such as the user’s name, password, user-name, screen preferences, the pages of a site viewed by the user, and the advertisements viewed or clicked by the user. When the user revisits the Site, Morgan Lewis may recognize the visitor by the Internet cookie and customize the user’s experience accordingly. Users may decline Internet cookies, if any, by using the appropriate feature of their Web client software, if available. However, declining to use cookies may impede the ability of the Site to function properly.
When a user performs a search within the Site, Morgan Lewis may record information identifying the user or linking the user to the search performed. Morgan Lewis may also record limited information associated with every search request made by the user and use that information to, among other things, solve technical problems with the service and to calculate overall usage statistics.
(b) Use of Personal Data Collected. Morgan Lewis may use the personal data it collects for internal purposes, namely, for solving technical problems, calculating overall usage statistics, for internal marketing and promotional purposes, product development, and content improvement. Morgan Lewis will not disclose to third parties any individually identifying information, such as names, postal and e-mail addresses, telephone numbers, and other personal information which users voluntarily provide to Morgan Lewis, except to the extent necessary to comply with applicable laws or legal processes (e.g., subpoenas), or to protect the rights or property of Morgan Lewis. Morgan Lewis will cooperate with law enforcement authorities.
(c) Security Measures. Morgan Lewis may implement security features to prevent the unauthorized release of or access to personal information. Please note, however, that Morgan Lewis cannot guarantee the confidentiality of any communication or material transmitted to/from Morgan Lewis via the Site or e-mail. Accordingly, Morgan Lewis is not responsible for the security of information transmitted via the Internet. For more private communication, users can contact Morgan Lewis by telephone at the main office and direct line telephone numbers provided on the Site.
(d) Opt-Out Right. Users may at any time opt out of having their personal information used by Morgan Lewis to send promotional correspondence to the user, by contacting Morgan Lewis via telephone, email, or postal mail at the address(es) below:
Phone: 215-963-5000
E-mail: publications@morganlewis.info
Mailing address:
1701 Market Street
Philadelphia, PA 19103
(e) Access to and Ability to Correct Personal Data. Upon request via postal mail, e-mail, or telephone, Morgan Lewis will provide to users a summary of any personally identifiable information retained by Morgan Lewis regarding the user. Users may modify, correct, change or update personally identifiable information that Morgan Lewis has collected by the Site or may cause their personal record to be removed from Morgan Lewis’ database by contacting Morgan Lewis via postal mail, e-mail, or the telephone number indicated in paragraph 5d above.
(f) Collection of Personal Data from Children. Morgan Lewis does not knowingly solicit information from children and we do not knowingly market the Site or its services to children. No one under the age of 13 should submit any personal information to Morgan Lewis and/or the Site.
(g) Morgan Lewis’ Right to Contact Visitor/Subscriber. Morgan Lewis reserves the right to contact users of the Site regarding changes to the Terms of Use generally, this Privacy Policy specifically, or any other policies or agreements relevant to website users.
6. Links to Other Sites.
Morgan Lewis may provide links, in its sole discretion, to other sites on the Internet for the convenience of its Users in locating related information and services. These sites have not necessarily been reviewed by Morgan Lewis and are maintained by third parties over which Morgan Lewis exercises no control. Accordingly, Morgan Lewis expressly disclaims any responsibility for the privacy policies, information collection practices, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
7. DISCLAIMERS.
WHILE MORGAN LEWIS ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AND MATERIALS AVAILABLE, THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, MORGAN LEWIS MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE AT ANY TIME, FOR ANY REASON.
YOU, THE USER, ASSUME THE SOLE RISK OF MAKING USE OF, AND/OR RELYING ON, THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE. MORGAN LEWIS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IN NO EVENT SHALL MORGAN LEWIS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION AND MATERIALS AVAILABLE ON THIS SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF MORGAN LEWIS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
8. Governing Law.
This Agreement will be governed by the laws of the Commonwealth of Pennsylvania without giving effect to the choice of law provisions thereof and all parties to this Agreement expressly agree to be subject to the jurisdiction of courts in the City of Philadelphia, Commonwealth of Pennsylvania.