Blog/Website Disclaimer and Terms of Use
Last updated: April 25, 2016

This Blog/Website is sponsored by Lowenstein Sandler LLP (“Lowenstein Sandler” or “we”). By browsing the Blog/Website , you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and you represent and warrant that you are at least 18 years old or older. If you do not agree to any of these terms, then please do not access the Blog/Website. We may update these Terms of Use from time to time without notice to you.

No Legal Services or Attorney Client Relationship. Lowenstein Sandler presents the materials and information contained in this Blog/Website for informational purposes only and they do not constitute a solicitation, or legal or financial advice. The materials are not represented to be correct, complete or up-to-date. Although the Blog/Website may provide information concerning potential legal issues, it is not a substitute for legal advice from qualified counsel. You should not and are not authorized to rely on the Blog/Website as a source of legal advice.

Your use of the Blog/Website does not create any attorney-client relationship between you and Lowenstein Sandler. Lowenstein Sandler accepts clients only in accordance with certain internal procedures. If you wish to become a client of Lowenstein Sandler, you must contact an appropriate Lowenstein Sandler attorney, and explicitly negotiate a retention. The Blog/Website is not an invitation to form an attorney-client relationship.

Unless you have an attorney-client relationship with Lowenstein Sandler, we are not obligated to keep confidential information you may send us. Under no circumstances, therefore, should you send confidential information to Lowenstein Sandler unless you have been authorized to do so by a Lowenstein Sandler attorney or you have a pre-existing documented attorney-client relationship with Lowenstein Sandler. Do not include confidential information in comments or other feedback or messages left on this Blog/Website, as these are neither confidential nor secure methods of communicating with attorneys.

All comments, opinions and views expressed in all articles and other content available on this Blog/Website represent the comments, opinions and views of the individual authors and not those of Lowenstein Sandler.

Use of Personal Data. Your use of the Blog/Website may involve the transmission to us of certain personally-identifiable information (the “Personal Information”). Our policies with respect to the collection and use of Personal Information are governed according to our Privacy Policy (located at http://www.globalcapitalmarketslitigation.com/privacy-policy/), which is hereby incorporated by reference in its entirety.

Intellectual Property. The Blog/Website contains material, such as text, graphics, images, and other material provided by or on behalf of Lowenstein Sandler (collectively referred to as the “Content”). The Content may be owned by us or by third parties, and is protected under both United States and foreign laws. The Content includes, but is not limited to, the trademarks, service marks, and logos of Lowenstein Sandler, used and displayed on the Blog/Website, which are registered and unregistered trademarks or service marks of Lowenstein Sandler and/or its licensors.

You have no rights in or to the Content, and you must not:

  • Use the Content except as permitted under these Terms of Use;
  • Use our trademarks except with our permission for each use;
  • Remove any copyright or other proprietary notices contained in the original Content on any copy you make of the Content;
  • Sell, transfer, assign, license, sublicense, or modify the Content or use the Content for any public or commercial purpose;
  • Use, link or post the Content on any other website or in a networked computer environment.

Commentary. Users of this Blog/Website may elect to submit commentary to this Blog/Website including ideas, questions, and other similar communications (collectively, “Commentary“). By submitting Commentary through this Blog/Website you agree that all such Commentary will be considered NON-CONFIDENTIAL and NON-PROPRIETARY, and that we may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. You agree not to submit any information or material that is illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable.

Your submission of Commentary to this Blog/Website does not create any obligation on us to publish your Commentary or to retain your Commentary. We reserve the right to review your submittal and verify your identity prior to determining whether your Commentary will be posted to the Blog/Website. Lowenstein Sandler’s decision shall be made in its sole and absolute discretion and is final. If Lowenstein Sandler decides to post your Commentary on the Blog/Website, you acknowledge and agree that your Personal Information may also be posted. Your Commentary may currently be submitted to us through Facebook, Google, Yahoo!, Twitter, Disqus and name/e-mail accounts and, depending on your account settings, your Commentary on the Blog/Website may include your name and/or other Personal Information.

By submitting or posting Commentary to the Blog/Website, you represent and warrant that you either own or otherwise control all of the rights in that Commentary. You will indemnify and hold Lowenstein Sandler harmless from any and all claims resulting from the Commentary that you provide. You agree that you will not knowingly and with intent to defraud provide material and misleading information.

We reserve the right to remove or modify any Commentary you may submit, or that is posted, in our sole and absolute discretion, for any reason or no reason at all. We may delegate this authority or any other rights or responsibilities of this contract to third parties.

Disclaimers. This Blog/Website is provided on an “as-is” and “as available” basis. Lowenstein Sandler makes no representations or warranties regarding the suitability for any purpose of, the accuracy, the completeness, or the timeliness of any information provided in this Blog/Website. Lowenstein Sandler shall have no liability with respect to the information provided or any user’s use of the information provided on this Blog/Website or any faults, interruptions or delays in providing the information or any inaccuracies, errors or omissions in the information.

LOWENSTEIN SANDLER HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL LOWENSTEIN SANDLER BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF LOWENSTEIN SANDLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS LOWENSTEIN SANDLER’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS BLOG/WEBSITE, OR THE CONTENT IS TO STOP USING THIS BLOG/WEBSITE.

You may not use Lowenstein Sandler’s name or the name of any other author of material posted on this Blog/Website to endorse or promote any product, opinion, cause, or political candidate. Representation that your personal opinions are endorsed by Lowenstein Sandler is strictly prohibited. If you distribute any content of this Blog/Website to a third party, you agree to warrant that the third party has agreed to the terms of this Privacy Policy.

You agree that all material posted to the Blog/Website is the sole responsibility of the individual who originally posted the material. You agree that all opinions expressed by users of this Blog/Website are expressed strictly in their individual capacities, and not as representatives of Lowenstein Sandler, its owners, members or employees.

You agree that Lowenstein Sandler will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any content posted to this Blog/Website. You agree to evaluate and bear all risks associated with use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Indemnification. You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of these Terms of Use; (ii) your access to, use, or misuse of the Blog/Website, and (iii) your violation of any intellectual property or other right of any third party.

Compliance with Applicable Laws. The Blog/Website is intended to be used only by residents of the United States that are age 18 years or older. We make no claims concerning whether any Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Blog/Website from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Termination. We may terminate these Terms of Use and your access to all or any part of the Blog/Website at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Blog/Website at any time without prior notice or liability.

Copyright Infringement. If you believe this Blog/Website contains any content or material that infringes your copyright, please contact our copyright agent, Christopher M. Zegers, Chief Information Officer at: Phone: 212-419-6112, Fax: 973-597-6113, E-mail: czegers@lowenstein.com, Lowenstein Sandler LLP, 65 Livingston Avenue, Roseland, NJ 07068, with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Blog/Website;
  •  Your address, telephone number and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

Miscellaneous.
In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. This section, the section entitled Indemnification, and the sections entitled No Legal Services or Attorney Client Relationship, Disclaimer, Limitation of Liability and Intellectual Property shall survive the termination of these Terms of Use. You may not assign these Terms of Use. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use. These Terms of Use and any other agreements between the parties entered into through this Blog/Website shall be governed by and construed in accordance with the laws of the State of New Jersey. Except for proceedings commenced by Lowenstein Sandler to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of New Jersey. These Terms of Use contain the entire agreement of the parties concerning the subject matter hereof and supersede all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.

Questions or comments regarding this Blog/Website, including any reports of non-functioning links, should be submitted using our email address information@lowenstein.com.