Legal Services and Attorney Client Relationship
This Website, including the material presented on the Website, is for informational purposes only. It is not intended to be and is not considered to be legal advice. Transmission of information to you from this Website or receipt of documents or messages from you through this Website does not create or establish an attorney-client relationship between you and the Firm, nor is the information you provide through this Website considered private or privileged. You should not rely on this Website as a source of legal advice. Legal advice of any nature should be sought from legal counsel.
We make no representations or warranties, express or implied, with respect to the information provided on this Website, whether provided by the Firm, our employees, contractors, or other parties. The Firm assumes no liability or responsibility for any errors or omissions in content on the Website or sent to you as a result of your subscriptions on the Website. We may periodically add, update and delete content from this Website without notice.
Unless otherwise indicated in individual attorney biographies on our Website, lawyers resident in the Firm’s various offices are not certified by the Board of Legal Specialization or a similar body of any state in which we provide our services. The State Bar of Nevada does not certify any lawyer as a specialist or expert. Neither the State Bar of Nevada nor any agency of the State Bar has certified any lawyer identified in this Website as a specialist or as an expert. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability.
Third Party Sites and Services
Although we hope that you will find the material on this Website informative, the material and links to third-party websites and resources that may be included on this Website are provided for informational purposes only. Our Website may also feature certain services provided by third parties. The Firm’s use of third party content or services on our Website, or our links to third party content or services, should not be interpreted as endorsement or approval by the Firm of the organizations providing these sites or their content, products or services. You acknowledge and agree that we are not responsible for, and we make no representations or warranties, express or implied, regarding any third-party site, or any services provided by third parties on our Website or via links to other sites, including any representations or warranties as to accuracy or completeness. You further acknowledge that any reliance on representations and warranties provided by any party other than the Firm will be at your own risk. You expressly agree to hold us harmless for any claims of damage arising from any content, product or service provided by any third party.
Links to the Website and RSS Feeds
You acknowledge and agree that content contained in the Website or information presented to you through the Website may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Brownstein Hyatt Farber Schreck is a service mark of Brownstein Hyatt Farber Schreck, LLP. All other trademarks are the property of their respective owners.
Except as expressly authorized by the Firm, you agree not to modify, distribute, copy, reproduce or create derivative works, or exploit for any commercial purpose, any content or materials or any portion of the Website, in whole or in part. In addition, you agree that you will not (i) use the Website to allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (ii) use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Website or monitor or copy our web pages or the content contained thereon; (iii) frame the Website, place pop-up windows over its pages, or otherwise affect the display of its pages; or (iv) interfere with or disrupt the Website or services or networks connected to the Website or disobey any requirements, procedures, policies, or regulations of networks connected to the Website.
Use of Portal Tools
The alumni Portal includes a messaging and collaboration platform that allows Brownstein alumni to communicate with Brownstein and with each other. We give you tools to communicate with others one-on-one (“messaging”), and to other authorized users of the Portal (“posting”). The information you create and upload to the Portal is User Content.
Brownstein prohibits certain uses of the Portal. You may not use the Portal to send any unsolicited advertising or promotional materials or collect the email addresses or other contact information of other users from the Portal for the purpose of sending commercial messages.
Unless we have given you express written consent, you may not reverse engineer the Portal or do anything to circumvent measures employed to prevent or limit access to part of the Portal, except as expressly permitted by law. Likewise, you may not use automated means to access or manipulate the Portal or content (such as using bots, crawlers, scripts, or auto-responders), or develop any third-party application that interacts with the Portal.
We encourage users of the Portal to treat each other with respect. Ultimately, however, each user is solely responsible for their interactions with others. Brownstein has no responsibility or liability with respect to any online or offline interactions.
We reserve the right, but have no obligation, to monitor interactions between you and other users of our Portal. Please use your best judgment and keep safety in mind when you use the Portal and interact with others. We may publish additional community standards, which you agree to abide by as part of these Terms of Service. In particular, however, you agree not to:
· Engage in any discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening, physically dangerous, or otherwise objectionable conduct;
· Use the Portal to distribute, copy, or propagate content to which you have no legal right;
· Use the Portal in any manner that could inhibit other users from fully enjoying the Portal or that could damage or impair the functioning of the Portal;
Your Copyright and Intellectual Property Rights.
For Brownstein to provide the Portal, you must grant certain permissions to your User Content.
By posting to or using the Portal, you grant Brownstein a nonexclusive, royalty-free, worldwide, transferable, and fully sub-licensable right to store, reproduce (for the purposes of storage), modify (in formating or through compression), host, publish (to effectuate any sharing you specify), and distribute (to effectuate any sharing you specify) your User Content.
For User Content in messages, group discussions and posts, you grant Brownstein a nonexclusive, royalty-free, worldwide, transferable, and fully sub-licensable right to use, reproduce, modify, host, publish, translate, create derivative works from, distribute (as directed by you), publicly perform or display your User Content within the parameters of the messaging, group discussion, or posting function of the Portal.
To terminate this license, delete your User Content or your account. Please note that if your User Content was shared with and then downloaded or saved by others, those copies may still exist after deletion.
Digital Millennium Copyright Act (“DMCA”) Notice
Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), Brownstein reserves the right, but not the obligation, to terminate your right to use the Services if Brownstein determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. Brownstein accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to the Act, Brownstein has implemented or will implement procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. You may contact the designated agent of Brownstein to receive notification of claimed infringement at: email@example.com or via mail Attn: DMCA Agent, Brownstein Hyatt Farber Schreck LLP, 410 Seventeenth Street, Suite 2200, Denver, CO 80202.
Brownstein respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the designated agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) 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 (vi) 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 intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Modifications and Interruption to the Website
We reserve the right to modify or discontinue all or any portion of our Website with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous or secure access to our Website, or that operation of our Website will be uninterrupted or error free.
Disclaimer of Warranties and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE FIRM, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE PARTNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “FIRM PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR WEBSITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. OUR WEBSITE AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE FIRM PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF THE WEBSITE. UNDER NO CIRCUMSTANCES, WILL ANY OF THE FIRM PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON OUR WEBSITE OR ANY CONTENT OR SERVICE PROVIDED TO YOU THROUGH OUR WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY FIRM PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE FIRM PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.
Changes to These Terms
If you have questions, please feel free to contact us at:
Brownstein Hyatt Farber Schreck LLP
410 Seventeenth Street, Suite 2200
Denver, CO 80202