Gunderson Dettmer Stough Villeneuve Franklin & Hachigan LLP
- Your access and use of this Site or any of its features, including without limitation any email links or any articles, descriptions, forms or templates, documents, notices, or other written content (collectively, and together with the information contained therein, “Content”) found on the Site;
- Any and all rights or obligations relating to arising from the Site, the Content, and your access or use of the Site and Content, and
- Any and all communications or transmissions of information made by (i) you to GDSVF&H, or (ii) GDSVF&H to you relating to or arising from your access or use of the Site or any of its features, until and to the extent that you are expressly informed otherwise by GDSVF&H or you and GDSVF&H have an operative, executed engagement letter in place.
These Notices and Terms, together with any disclaimers, terms, or conditions you encounter on the Site (which are incorporated into these Notices and Terms), may be amended at any time by GDSVF&H from time to time without specific notice to you. The latest version of these Notices and Terms will always be posted on the Site, and when we amend or update these Notices and Terms (as we may do from time to time), we will update the date listed above.
THESE NOTICES AND TERMS CONTAIN A MANDATORY ARBITRATION PROVISION. BY AGREEING TO THE NOTICES AND TERMS, YOU AGREE THAT ANY DISPUTES BETWEEN YOU AND GDSVF&H WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
1.1. No Legal Advice, Opinion, or Services. The Site and the Content, including without limitation Content regarding legal issues and developments, is provided for general informational purposes only, and is not intended to, and does not, constitute legal advice, legal opinion, or legal services under any circumstances. Because legal advice cannot be given without consideration of all relevant information relating to your particular circumstances, you should never consider any Content a substitute for advice from qualified counsel or a basis for any decision, action, or inaction whatsoever. Further, GDSVF&H does not guarantee that any Content is accurate, comprehensive, or up-to-date, and expressly disclaims any warranties with respect to such Content. The Content may not reflect recent developments in the law or apply to your specific jurisdiction or set of facts or circumstances. Your use of any information contained in the Content is entirely at your own risk.
1.2. No Attorney-Client Relationship or Privilege. Your access to or use of the Site or any portion thereof, including but not limited to any Content or email links or other contact information listed for GDSVF&H attorneys, does not create an attorney-client relationship between you and GDSVF&H. Your transmission or communication of any information, whatever its nature, does not create an attorney-client relationship between you and GDSVF&H and does not invoke any attorney-client privilege. GDSVF&H only enters into attorney-client relationships after undertaking certain procedures unrelated to this Site, in accordance with its own policies and the rules and regulations of the Bar Associations of the states in which it maintains offices. These procedures include, without limitation, a consultation that is understood and acknowledged by both parties to potentially lead to an attorney-client relationship, the consideration by GDSVF&H of potential conflicts of interest and professional responsibility, and the execution of a formal engagement letter between the parties memorializing and outlining the scope of the attorney-client relationship. Further, because an attorney-client relationship will not result from any access or use of the Site by you or transmission or communication of information to GDSVF&H by you, such actions shall not prevent GDSVF&H from representing any other party, including without limitation any party with business or legal interests adverse to you.
1.3. No Confidentiality. You acknowledge and agree that, unless you are an existing client of GDSVF&H, any email, voicemail, telephone call, or other communication from you to GDSVF&H or any of its attorneys or other employees, whatever the nature of such communication, shall not be treated as confidential. If you are not already an existing client of GDSVF&H, you should not communicate or transmit to us any information of a sensitive, confidential, or proprietary nature, as GDSVF&H makes no guarantees or representations regarding the security, use, disclosure, or return of any information or communication received from you, absent an independent, explicit agreement between you and GDSVF&H. In any case, given the inherent insecurity of email communication and the Internet, GDSVF&H cannot guarantee, and assumes no responsibility for, the integrity or confidentiality of any unencrypted email you send to GDSVF&H, whether in connection with an existing attorney-client relationship or otherwise.
1.4. No Advertising or Solicitation. The Site, the Content, the Attorney Information, and any other content or information on the site are intended and provided for general informational purposes only, and are not intended to be, and should not be interpreted as, advertising or solicitation. If you have any questions regarding attorney advertising rules, please contact: [designee].
1.5. No Guaranteed Outcomes. The Content may contain descriptions of matters in which GDSVF&H achieved a successful outcome for its current or former clients. Such descriptions are not intended to, and do not, predict or guarantee future successful outcomes, even in similar circumstances. Further, such descriptions should not imply GDSVF&H’s continued or current representation of, or endorsement by, any clients mentioned. Any references in any Content to past awards, designations, or rankings granted to or achieved by GDSVF&H should not imply the continued retention or future grant or achievement by GDSVF&H of such awards, designations, or rankings.
1.6. No Unauthorized Jurisdictions. If the Site or Content is in any way non-compliant or inconsistent with your jurisdiction’s rules or state bar requirements regarding communication of legal services, GDSVF&H does not seek to represent you or any other individual or entity in your jurisdiction.
1.7. No Admissions or Certifications Unless Specified. While GDSVF&H practices law in the jurisdictions in which its offices are located as well as others, each GDSVF&H attorney is licensed to practice only in those jurisdictions set forth in that attorney’s biography on the Site. Unless specifically stated in his or her biography, no GDSVF&H attorney is certified by any professional or government authority. The listing of GDSVF&H attorneys in practice groups is not intended to indicate any professional or governmental certification.
4. PERMITTED USES; LIMITED LICENSES.
4.1. Copyright in Site and Content. The Site and Content are protected by United States and international copyright laws. All rights are reserved. Subject to the terms of these Notices and Terms, GDSVF&H grants you a limited, nonexclusive, personal license to access, view, download and print the Content solely for noncommercial and informational purposes. You may not modify the Content in any way and you may not remove or obscure any copyright or permission notices provided on or in connection with the Content. GDSVF&H reserves the right in its sole discretion to edit or delete any Content or other information appearing on the Site.
4.2. Marks and Domain Name. GDSVF&H does not grant to you any rights in its marks. Although you may link to any publicly available page on the Site, you agree to immediately remove any such link upon GDSVF&H’s written request.
5. DISCLAIMER WARRANTIES. THE SITE AND CONTENT IS PROVIDED TO YOU "AS IS." YOUR ACCESS TO AND USE OF THE SITE AND CONTENT IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY THE LAW AND APPLICABLE RULES OF PROFESSIONAL RESPONSIBILITY, GDSVF&H DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF INFORMATION, TIMELINESS OF INFORMATION, SYSTEM INTEGRATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, QUIET ENJOYMENT, AND UNINTERRUPTED OR ERROR FREE OPERATION. THE SITE AND CONTENT MAY CONTAIN BUGS, ERRORS, OR OTHER LIMITATIONS. TO THE EXTENT PERMITTED BY LAW AND APPLICABLE RULES OF PROFESSIONAL RESPONSIBILITY, GDSVF&H DISCLAIMS LIABILITY FOR ANY LOST PROFITS OR INCOME, LOST BUSINESS, OR LOST DATA, OR FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THE SITE AND ANY CONTENT.
6. LIMITATION OF LIABILITY. IN NO EVENT SHALL GDSVF&H OR ITS AFFILIATED PARTIES, AGENTS, DIRECTORS, EMPLOYEES, VENDORS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING [$100.00], WHICH AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST GDSVF&H AND THE AFOREMENTIONED PERSONS AND ENTITIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
7. THIRD PARTY SITES. To the extent that GDSVF&H links to, or otherwise presents, third party websites and information on the Site, such links or presentations do not constitute an endorsement by GDSVF&H of any such third party information or such third parties. GDSVF&H does not monitor or verify, is not responsible for, and assumes no liability with respect to any third-party content.
8. ARITRATION. You agree that any legal controversy or legal claim arising out, relating to, or connected with these Notices and Terms, the Site, or any Content, other than claims brought by GDSVF&H to collect or recover damages for, or obtain an injunction relating to, intellectual property ownership or infringement, will be resolved by binding, individual arbitration pursuant to the commercial arbitration rules of Judicial Arbitration and Mediation Services (“JAMS”). Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and in accordance with the “Governing Law” Section below. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY WAIVE ANY RIGHTS YOU MAY OTHERWISE HAVE HAD TO A TRIAL BY JURY, OR TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM AGAINST GDSVF&H, INCLUDING ANY CLASS ARBITRATION, CONSOLIDATION OF INDIVIDUAL ARBITRATIONS, OR ANY PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. This arbitration provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on any award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Notices and Terms. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of these Notices and Terms, the Site, or any Content must be filed within one (1) year after such claim of action arose or be forever banned.
9. MISCELLANEOUS. You agree that any dispute arising out of or in connection with the Site, the Content, or these Notices and Terms will be governed by the laws of the State of California without reference to conflict of laws principles that would require the application of the laws of any other jurisdiction. In the event that you gain access to information not intended to be accessed by you, you agree that you will immediately notify GDSVF&H and lawfully destroy all copies of such information in your possession. You may contact GDSVF&H with questions or concerns about the Site at [email protected] These Notices and Terms are the entire agreement between you and us with respect to the Site and Content, and supersede any prior or contemporaneous communications and proposals between you and us with respect to the Site. If any provision of these Notices and Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Notices and Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. GDSVF&H shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. These Notices and Terms are not assignable, transferable or sublicensable by you except with GDSVF&H’s prior written consent. GDSVF&H may assign, transfer or delegate any of its rights and obligations hereunder without your consent. The section and paragraph headings in these Notices and Terms are for convenience only and shall not affect their interpretation.