These Terms and Conditions of Use apply to you when you view, access or otherwise use the blog located at www.newyorkcommercialdivroundup.com(the “blog”). The blog is owned by Sheppard Mullin Richter & Hampton LLP (“Sheppard Mullin”). We grant you a nonexclusive, nontransferable, limited right to access, use and display the blog and the materials provided hereon, provided that you comply fully with these Terms and Conditions of Use.
1. No Attorney Client Relationship. We provide this blog for general informational purposes only. Because Sheppard Mullin is a law firm and some of the information on the blog relates to legal topics, we want you to understand that we do not create an attorney client relationship with you when you use the blog. By using the blog, you agree that the information on this blog does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and Sheppard Mullin. Do not consider the blog to be a substitute for obtaining legal advice from a qualified attorney licensed in your state. The information on the blog may be changed without notice and is not guaranteed to be complete, correct or up-to-date. While we try to revise the blog on a regular basis, it may not reflect the most current legal developments. The opinions expressed at or through the blog are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
3. Copyright Notice. All materials and software published on or used on the blog are protected by copyright, and are owned or controlled by or licensed to Sheppard Mullin, or the party listed as the provider of the materials or software. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL IS PROHIBITED. You may download any downloadable materials displayed on the blog only for personal, noncommercial and informational purposes, provided that the documents are not modified and provided you maintain and abide by all copyright, trademark and other notices contained in such material or if none, you include the following copyright notice in such downloaded materials:
@Copyright 2014 Sheppard Mullin Richter & Hampton, LLP. All rights reserved. All use subject to Terms and Conditions of Use set forth here.
4. Copyright Notification. Sheppard Mullin respects the intellectual property rights of others. Upon proper notice, Sheppard Mullin will remove user posted comments, posts, messages, or other submissions on or to the Blog that violate copyright law, or suspend access to the Blog (or any portion thereof) to any user who repeatedly uses the Blog in violation of copyright law.
Pursuant to 17 U.S.C. § 512, Sheppard Mullin has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been used in a way that constitutes copyright infringement, please send Sheppard Mullin’s copyright agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit Sheppard Mullin to locate the material on the Blog; (c) information reasonably sufficient to permit Sheppard Mullin to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Please provide us with a notice that includes all of the above enumerated information (“Notice of Infringement”) and fax or mail it to the following Sheppard Mullin copyright agent:
Charles F. Barker
Sheppard, Mullin, Richter & Hampton LLP
333 South Hope Street
Los Angeles, CA 90071
By submitting a Notice of Infringement, you acknowledge and agree that Sheppard Mullin may forward your Notice of Infringement and any related communications to any users who posted the material identified in such notice.
Please do not send notices or inquiries unrelated to alleged copyright infringement to Sheppard Mullin’s designated agent.
5. Commercial Use of Sheppard Mullin blog Materials and Screen Shots. Reproduction, copying, or redistribution of materials on the Sheppard Mullin blog for commercial purposes is prohibited without the express written permission of Sheppard Mullin. Any use, reproduction, or distribution of material on this blog which constitutes the personal information, property, or photograph or other depiction of any particular Sheppard Mullin attorney may also be subject to state and federal privacy and other laws requiring the specific written consent of the individual attorney. To obtain permission to copy portions of this blog, please send email to firstname.lastname@example.org and provide the following information in the body of the email:
* the content you wish to use;
* where, when and how it will be used (for example, a seminar, newsletter or news article);
* where and how copies will be distributed and to what audience;
* how many copies will be produced and distributed;
* what other materials will be associated with the Sheppard Mullin content; and
* your name, title, company, address, email address and phone number.
We will evaluate and respond to your request as soon as possible. Sheppard Mullin reserves the right to refuse permission to copy, distribute, broadcast, or publish any of its copyrighted material, including text and images on our blog.
6. Service Mark Notice. “Sheppard Mullin,” “SMRH” and other related marks are service marks of Sheppard Mullin and are protected by law. They may be used publicly only with permission from Sheppard Mullin. Fair use of the service marks requires proper acknowledgment. ALL RIGHTS RESERVED.
7. Links to Other Blogs, websites and/or Materials. Links may appear on the blog that may be used to link to other blog(s) or websites. These links are provided solely as a courtesy to our blog visitors. Sheppard Mullin has no control over the linked sites or the materials, information, goods or services available or contained on these linked sites. Sheppard Mullin is not responsible for and does not endorse or warrant in any way any materials, information, goods or services available through such linked sites or any privacy or other practices of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. Sheppard Mullin reserves the right to terminate any link at any time.
8. Prohibited Actions. You agree not to interrupt, or attempt to interrupt, the operation of the blog in any way. Unauthorized use or modification of any information stored on the blog may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the blog for anything other than a lawful and legitimate purpose. You agree not to use the blog to carry out any unauthorized alteration of any data or information on the blog or to conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the blog. The blog is not intended for use by anyone under the age of 19. We reserve the right to limit or deny your access to the blog or take other appropriate action if you violate any provision of these Terms and Conditions of Use or if you conduct any activity that violates the rights of any person or entity, or which we in our sole discretion deem unlawful, offensive, threatening, abusive or potentially harmful or malicious.
9. Modification of Terms and Conditions of Use. Sheppard Mullin reserves the right to revise these Terms and Conditions of Use at any time by updating this posting. Your continued use of the blog constitutes your agreement to comply with such revisions, so you should visit this page from time to time.
10. Email May Not Be Used to Provide Notice. Communications made through the blog’s e-mail and messaging system shall in no way be deemed to constitute legal notice to Sheppard Mullin or any of its officers, employees, agents or representatives, such as where notice to Sheppard Mullin is required by contract, or any federal, state or local laws, rules or regulations.
11. Disclaimer; Limitation of Damages. (a) Sheppard Mullin expressly disclaims all liability for any viruses or other contamination of your computer system or other device used to access this blog as a result of your use of this blog, and expressly disclaims all liability for actions taken or not taken based on any or all of the contents of this blog. THE BLOG IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SHEPPARD MULLIN MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE BLOG WILL BE UNINTERRUPTED OR ERROR FREE.
(b) USE OF THE BLOG IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE BLOG.
12. Applicable Laws; Venue. Sheppard Mullin operates the blog from its offices in California and makes no representations that materials in the blog are appropriate or available for use in other locations. The display of the blog alone does not subject Sheppard Mullin to any specific jurisdiction. Access to the blog from any territory where the content is illegal is prohibited. If you choose to access the blog from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations. You may not use or export any of the blog materials in violation of U.S. export laws and regulations. Any claim related to the use of the blog or to the blog materials shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein. Any action arising out of or related to the access, use, content, or existence of this blog shall be filed only in the appropriate state or federal court located within the State of California. The access, viewing or use of this blog constitutes the user’s express permission and consent to the jurisdiction of the state and/or federal courts of the State of California for purposes of such actions.