LAST UPDATED: January 24, 2012
This site (together with any successor site(s) and all Services (as defined below), the "Site
") is operated by Morrison & Foerster LLP ("we
"), regardless of how you access the Site (including through the Internet, through Wireless Access Protocol (commonly referred to as "WAP"), through a mobile network, or otherwise). 1. Acceptance of Terms.
By using the Site, you agree to the terms of this Agreement and to any additional rules and guidelines that we post on the Site. We may make changes to this Agreement from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement on the Site. You can determine when we last changed this Agreement by referring to the “LAST UPDATED
” legend above. Your use of the Site following changes to this Agreement will constitute your acceptance of those changes. We may, at any time, modify or discontinue all or part of the Site; refuse to provide any user with access to the Site; charge, modify, or waive fees required to use the Site; or offer opportunities to some or all Site users. 2. Jurisdiction.
The Site is controlled and/or operated from the United States, and is not intended to subject us to non-U.S. jurisdiction or laws, except as otherwise expressly stated in this Agreement. The Site may not be appropriate or available for use in some jurisdictions outside of the United States. If you access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules, and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion. 3. Description of the Services.
We provide users of the Site with access to general information and services about us, including without limitation: (a) information such as newsletters, legal updates, articles, attorney profiles, event details, videos, photos, text, data, and other similar content and (b) services such as event registration, subscription management, research tools, video players, and links to third-party websites (such information and services, collectively, the "Services
WHILE THE INFORMATION ON THE SITE CONCERNS LEGAL ISSUES, IT IS NOT LEGAL ADVICE. MOREOVER, USE OF THE SITE IS NOT INTENDED TO CONSTITUTE, AND DOES NOT CONSTITUTE, A SOLICITATION FOR THE FORMATION OF AN ATTORNEY-CLIENT RELATIONSHIP; NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED THROUGH YOUR USE OF THE SITE. MOREOVER, neither receipt of information presented on this site nor any email or other electronic communication sent through this site will create an attorney-client relationship, and any such email or communication will not be treated as confidential. No user of this site should act or refrain from acting on the basis of information included on this site without seeking legal advice of counsel in the relevant jurisdiction. We expressly disclaim all liability in respect of actions taken or not taken based on any contents of this site. 4. Information You Submit.
”). You agree that all information you provide to us is true, accurate, and complete, and you will maintain and update such information regularly. If you choose to make any of your personally identifiable or other information publicly available on the Site, you do so at your own risk. 5. Rules of Conduct.
While using the Site you will comply with all applicable laws, rules, and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Site pursuant to Section 12 below. You agree that you will not:
- Use the Site for any fraudulent or unlawful purpose.
- Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
- Transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
- Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
- Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site.
- Remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.
- Frame or mirror any part of the Site without our express prior written consent.
- Create a database by systematically downloading and storing Site content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine," or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances.
You may need to register to use part(s) of the Site. We may reject, or require that you change, any user name, password, or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you are responsible for any use of your user name and password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your user name and password, or your Site account. 7. Accuracy of Information.
We attempt to ensure that information on this Site is complete, accurate, and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currentness of any information on this Site. 8. Our Proprietary Rights.
We and our respective licensors and suppliers own the information and materials made available through the Site. Such information and materials may be protected by copyright, trademark, patent, and/or other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Site or any information or materials made available through the Site.
Our trademarks and service marks include, without limitation, MORRISON & FOERSTER, MOFO, MOFO.COM, MOFO TECH, and VIP, and any associated trademarks, service marks, and logos. All trademarks and service marks on the Site not owned by us are the property of their respective owners. You may not use our trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any license or right to use any trademarks or service marks without express prior written consent of the owner.
PLEASE NOTE THAT UNAUTHORIZED USE OF ANY SERVICE, INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE USED BY THE SERVICES, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES (INCLUDING, WITHOUT LIMITATION, POSSIBLE MONETARY DAMAGES), INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.9. Links.
The Site may provide links to other web sites and online resources. We are not responsible for and do not endorse such external sites or resources. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK. Additionally, we may provide tools to allow you to link to the Site directly from a third-party site; if you do link to the Site (whether using such tools or otherwise), you agree that you will disable and remove any such link promptly upon our request. 10. Limitations of Liability and Disclaimers.
THE SITE AND ALL GOODS, SERVICES, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SITE AND ALL SERVICES, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SITE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SITE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE.
WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SITE OR FROM ANY INFORMATION OR MATERIALS ON THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
While we try to maintain the security of the Site, we do not guarantee that the Site will be secure or that any use of the Site will be uninterrupted. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alterations to the Site, contact us at
with a description of the material(s) at issue and the URL or location of such materials. 11. Indemnity.
Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold us or our affiliates harmless from and against all claims, losses, costs, and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site or (b) any violation of this Agreement by you. 12. Termination.
This Agreement is effective until terminated. We may, at any time and for any reason, terminate your access to or use of: (a) the Site, (b) your user name and password or (c) any files or information associated with your user name and password. If we terminate your access to the Site, you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Site or to any such information or files, and (except as may be required under mandatory applicable law) shall not be required to make such information or files available to you after any such termination. We may take steps that we believe are appropriate to enforce or verify compliance with any part of this Agreement (including our right to cooperate with any legal process relating to your use of the Site or any third-party claim that your use of the Site is unlawful or infringes such third party’s rights). Sections 2, 3, 7-13, and 18 shall survive any expiration or termination of this Agreement. 13. Governing Law; Dispute Resolution.
You hereby agree that this Agreement (and any claim or dispute arising in connection with this Agreement or your use of the Site) is governed by and shall be construed in accordance with the laws of the State of California, U.S.A., without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in San Francisco, California, U.S.A., and waive any jurisdictional, venue, or inconvenient forum objections thereto. 14. Filtering.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: http://kids.getnetwise.org/
. Please note that we do not endorse any of the products or services listed at these sites. 15. Information or Complaints.
If you have a question or complaint regarding the Site, please feel free to contact us via email at
. Email communications are not necessarily secure, so please do not include sensitive information in any email to us. You may also contact us at:
Morrison & Foerster
425 Market Street, 32nd Floor
San Francisco, California, 94105. 16. Ability to Enter Into This Agreement.
By using the Site, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement. 17. Contact Us.
If you have any questions regarding the meaning or application of this Agreement, please direct such questions to
. Email communications are not necessarily secure, so please do not include sensitive information in any email to us. 18. Miscellaneous.
We may also provide notice of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. You agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings, based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
All materials © 2005-2012 Morrison & Foerster LLP unless otherwise noted. All rights reserved.
EUROPEAN OFFICES BRUSSELS
Information as per Article 7 of the Belgian Law of March 11, 2003:
The partners of the Belgian office of Morrison & Foerster LLP practice from the following address:
Morrison & Foerster LLP
Boulevard Louis Schmidt 29
Phone: 32 2 347 0400
The Belgian office is comprised of lawyers who are admitted within Belgium to practice as lawyers and are members of the Brussels Bar, List E and/or are members of foreign Bars or Law Societies. Regulatory provisions applicable to members of the Brussels Bar are available from the Brussels Bar Associations at: www.baliebrussel.be
(Dutch-language Order) or www.barreaudebruxelles.be
We practise law in the UK through Morrison & Foerster (UK) LLP, a limited liability partnership registered in Delaware with registered number 4569482 and registered office at c/o Corporation Service Company, 2711 Centreville Road Suite 400, Wilmington, New Castle, Delaware 19808 USA.
Any reference on this website to the term 'partner' in connection to Morrison & Foerster (UK) LLP is a reference to a member of Morrison & Foerster (UK) LLP or an employee of equivalent status. A list of the members of Morrison & Foerster (UK) LLP, and their professional qualifications, is available at the London office at CityPoint, One Ropemaker Street, London EC2Y 9AW.
Morrison & Foerster (UK) LLP is not authorised by the Financial Services Authority (FSA) in the United Kingdom but it is able in certain circumstances to offer a limited range of investment services to clients because it is a member of the Solicitors Regulation Authority. Morrison & Foerster (UK) LLP can provide these investment services in the United Kingdom if they are an incidental part of the professional services it has been engaged to provide. We are however included on the register maintained by the Financial Services Authority so that we can carry on insurance mediation activity, which is broadly advising on, selling and administration of insurance contracts. The register can be accessed at www.fsa.gov.uk/register
. The Solicitors Regulation Authority regulates this part of our business, including arrangements for complaints or redress if something goes wrong.
Information pursuant to the Electronic Commerce (EC Directive) Regulations 2002 (SI 2002 No 2013) and the Provision of Services Regulations 2009 (the "Services Regulations")
To contact the London office of Morrison & Foerster (UK) LLP write to: Morrison & Foerster (UK) LLP at CityPoint, One Ropemaker Street London EC2Y 9AW or telephone 020 7920 4000.
This internet site is provided by Morrison & Foerster (UK) LLP.
Morrison & Foerster (UK) LLP's London office is regulated by The Solicitors Regulation Authority. The firm's registration number is 288135.
The Solicitors Regulation Authority regulations can be found at http://www.sra.org.uk/code-of-conduct/
page. These regulations should be read in conjunction with the various legislative instruments of the UK Parliament (to which the regulations make reference) which also govern the conduct of the firm.
Except as indicated below, all partners practising in Morrison & Foerster (UK) LLP's London office are admitted as Solicitors of the Supreme Court of England and Wales and registered with The Solicitors Regulation Authority.
Brian Bates and Daniel Leventhal are US-qualified attorneys and are registered with The Solicitors Regulation Authority as Registered Foreign Lawyers.
Professional indemnity insurance
In accordance with Regulations 8(1)(n) and 8(2) of the Services Regulations, Morrison & Foerster (UK) LLP, as a "recognised body" regulated by the Solicitors Regulation Authority, has in place indemnity insurance (the "Mandatory Policy") which complies with the requirements of the Solicitor's Indemnity Insurance Rules 2009 (the "SII Rules"). The insurer under the mandatory policy is Liberty Mutual Insurance Europe Limited, a "Qualifying Insurer" for the purposes of the SII Rules, whose registered office is at Third Floor, Minster Court, London EC3R 7YE. The Mandatory Policy provides insurance coverage of £3 million for each and every claim. The territorial coverage will extend to acts or omissions arising out of the professional business of Morrison & Foerster (UK) LLP wherever they occur.
Our interest policy is designed to treat our clients fairly and transparently. We currently hold General client bank accounts in Sterling, US Dollars and Euros. In accordance with the Solicitors Accounts Rules, it is the firm's policy to account to its clients for a sum in lieu of interest on a fair and reasonable basis. In particular:
- The firm will normally hold Client Funds in our general client bank accounts, in which amounts for different matters and clients are pooled.
- A sum in lieu of interest will be payable on amounts held in our general client bank accounts on the following basis:
- Interest will be calculated on an interim basis on matters that have intermittent movements, or when payments are made from client funds or at the end of a matter, whichever is sooner; interest rate will be calculated based on the applicable interest rates payable by our principal bank during the course of the transactions that we hold client's funds.
- In normal circumstances, if the total amount of interest calculated over the course of a transaction is less than £20, no interest will be paid.
- Client monies held in a separated designated deposit account will have all interest earned on that account credited to the designated account and paid to the client in full.
- Client monies will normally be held in an instant access bank account to facilitate transactions, however, if specific instructions are received from the client requesting that funds be placed on a fixed term deposit, interest earned on such term deposits shall be paid to the client in full.
If you fail to present a cheque drawn on a Morrison & Foerster (UK) LLP Client Bank Account, we reserve the right not to recalculate the interest.
We are committed to providing the highest quality of service. If you are a client and you have any concerns or complaints about any of the services we provide to you, we would like to discuss them with you and try to resolve them as soon as possible. Initially, we suggest that you contact the person responsible for the particular matter. However, if you do not want to do that or if your discussions with that person do not resolve your issues, you should feel free to contact the person managing the overall relationship with you or the person managing the department or office concerned.
Value Added Tax Identification Number
GB935 683 685
© 2012 Morrison & Foerster LLP