1. Acceptance of Agreement.
You agree to the terms and conditions set forth in this Agreement with respect to the Site. If you do not agree to these terms, you should not use the Site. This Agreement constitutes the entire and only agreement between you and Rostow & Auster LLP, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the subject matter of this Agreement.
Rostow & Auster LLP reserves the right to change this Agreement at any time, effective immediately upon posting on the Site. If you violate the terms of this Agreement, Rostow & Auster LLP may terminate your use of the Site, bar you from future use of the Site and/or take appropriate legal action against you.
2. No Legal Advice or Attorney-Client Relationship.
Information found in the Site s for general informational purposes only and should not be construed as legal advice or legal opinion on specific facts or circumstances nor as a solicitation of legal business under any circumstance. The Site, and your use thereof, does not create an attorney-client relationship. The transmission of electronic mail to Rostow & Auster LLP, or any of its attorneys, does not alone create an attorney-client relationship. We do not accept requests for legal advice or provide legal advice over the Internet. You should consult an experienced lawyer concerning your particular factual situation and any specific legal questions you may have.
3. Nonreliance.
The Site is not intended to be an advertisement, though the State Bar of California may view it as such. Online readers should not act or decline to act, based on content from this site, without first consulting an attorney or other appropriate professional. Nothing on this site predicts or guarantees future results. Rostow & Auster LLP is not liable for the use or interpretation of information contained on the Site, and expressly disclaims all liability for any actions you take or do not take, based on the Site’s content.
4. Use In Other Jurisdictions.
Rostow & Auster LLP practices law only in jurisdictions in which Rostow & Auster LLP is properly authorized to do so. Rostow & Auster LLP does not seek to represent anyone in any jurisdiction where the Site does not comply or is in any way inconsistent with the rules governing communication of legal services in a particular state. Rostow & Auster LLP is unwilling to assume the representation.
5. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials or documents therein (collectively defined as “Content and Materials”) are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 3 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials; (d) use any Content and Materials in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Rostow & Auster, LLP or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse-engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial e-mail; (2) e-mail that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating e-mail, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.
6. Designation.
To the extent the Bar Rules in your jurisdiction require Rostow & Auster LLP to designate a single attorney responsible for this site, Rostow & Auster LLP designates Reza I. Gharakhani, e-mail: gharakhani@rostow.com
7. Errors, Corrections and Changes.
Rostow & Auster LLP does not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. Rostow & Auster LLP does not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. The law is constantly changing and the information may not be complete or accurate depending on your particular legal issue. Each legal issue depends on its individual facts and different jurisdictions have different laws and regulations. Rostow & Auster LLP may make changes to the features, functionality or content of the Site at any time. Rostow & Auster LLP reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site.
8. Indemnification.
You agree to indemnify, defend and hold Rostow & Auster LLP and its partners, associates, agents, attorneys, employees, subcontractors, successors, assigns, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Site.
9. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. MANATT AND MANATT’S AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER, EXCEPT AS PROVIDED IN SECTION 19(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, MANATT AND MANATT’S AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MANATT AND YOU. THIS SITE AND THE INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MANATT THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
10. Use of Information/Privacy Policy.
Rostow & Auster LLP reserves the right, and you authorize Rostow & Auster LLP, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner.
11. Venue and Statute of Limitations.
This Agreement shall be treated as though it were executed and performed in Los Angeles, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision of this Agreement nor affect any of the rights or obligations of the parties to this Agreement. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed as much as possibly consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Rostow & Auster LLP’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Rostow & Auster LLP’s rights under this Agreement shall survive any termination of this Agreement.
12. Arbitration.
Any legal controversy or legal claim arising out of or relating to this Agreement or the Site (excluding legal action taken by Rostow & Auster LLP or you to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement), shall be settled solely by confidential binding arbitration before a single retired judge under the auspices of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in accordance with commercial arbitration rules of 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 Los Angeles, California. Each party shall bear one-half of the arbitration fees and costs incurred, and each party shall bear its own attorneys’ fees.