TERMS OF USE and PRIVACY POLICY

THESE TERMS OF USE constitute an agreement (“Agreement”) made between Greenberg Glusker Fields Claman & Machtinger LLP (“Greenberg Glusker”) and any person accessing this website operated by Greenberg Glusker (“You”) with respect to your use of Greenberg Glusker’s website, GreenbergGlusker.com, or any successor website (the “Site”).  You agree to abide by all of the terms of this Agreement as a condition of your continuing to access, view or use the Site.  Greenberg Glusker and You may be referred to as “parties” (or individually as a “party”) in this Agreement.

1. Site.  The Site is proprietary to Greenberg Glusker and is protected by copyright and other intellectual property laws and international intellectual property treaties.  Your access to the Site is by license or permission.  Subject to the terms and limitations set forth in this Agreement, Greenberg Glusker agrees to provide You with a personal and non-exclusive right to access, view and use the Site.

You agree that from time to time the Site may be inaccessible or inoperable for any reason, including, without limitation:  (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Greenberg Glusker may undertake from time to time; or (iii) causes beyond the control of Greenberg Glusker, whether or not foreseeable.
 
You shall be solely responsible for providing, maintaining and ensuring compatibility with the Site, all hardware, software, electrical and other physical requirements for your use of the Site, including, without limitation, telecommunications and Internet access connections and links, web browsers or other equipment, programs and services required to access and use the Site.
 
2. Security and Privacy.  You shall be solely responsible for the security, confidentiality, integrity, and use of all messages and/or the content that You transmit to the Site.  Except as otherwise indicated below, Greenberg Glusker will use commercially reasonable efforts to not monitor, edit, or disclose any personal information about You, including your use of the Site, without your prior consent unless Greenberg Glusker has a good faith belief that such action is necessary to:  (i) comply with legal process or other legal requirements of any governmental authority; (ii) protect and defend the rights or property of Greenberg Glusker; (iii) enforce this Agreement; (iv) protect the interests of users of the Site other than You or any other person; or (v) operate or conduct maintenance and repair of Greenberg Glusker’s services or equipment, including the Site as authorized by law.  Nonetheless, You have no expectation of privacy with respect to the Internet generally or this Site in particular, and Greenberg Glusker reserves the right, to the extent permitted by applicable law, to gather necessary information about You and your use of the Site.  Such personal information that is voluntarily submitted to Greenberg Glusker is not sold, and is not shared with entities outside of the firm other than appropriate service providers who assist the firm in carrying out its marketing and business functions. In general, Greenberg Glusker provides You with the right to opt-out of receiving marketing and other discretionary communications, and to update, supplement or delete your own voluntarily submitted personal information which Greenberg Glusker uses for the previously noted business purposes.
 
3. No Attorney-Client Relationship.  Simply contacting Greenberg Glusker by email or otherwise will not establish an attorney-client relationship between You and Greenberg Glusker.  Transmission of information between Greenberg Glusker and You is not intended to, and will not create, an attorney-client relationship between Greenberg Glusker and You.  No such relationship will exist unless and until a partner in Greenberg Glusker expressly and explicitly agrees in a written engagement letter with You that the firm will undertake an attorney-client relationship with You.  As a result, You should not transmit any confidential or sensitive information to us until a formal attorney-client relationship has been established.  Greenberg Glusker does not agree to accept and/or maintain the secrecy of any unsolicited information You send to us unless an attorney-client relationship currently exists between us.  Greenberg Glusker cannot permit an attorney-client relationship to exist until we have obtained all necessary information and evaluated all relevant information concerning potential conflicts of interest.  Even in the absence of a conflict of interest, Greenberg Glusker, in its sole discretion, may decide not to enter into an attorney-client relationship with You.  The information and content contained on this Site is not intended to constitute legal advice, and You should contact an attorney before relying on any such information or content.  
 
4.   Compliance/Attorney Advertising.  The contents of this Site may constitute advertising under the applicable laws, regulations and ethical rules (the “Bar Rules”) of some jurisdictions.  If this Site fails to comply with the Bar Rules of the state from which You access or view this Site, Greenberg Glusker does not wish to represent You.  Unless otherwise noted, Greenberg Glusker attorneys are NOT certified by the boards of legal specialization of any state.

5.   Content Restrictions.  All materials included on this Site, including without limitation text, graphics, images, logos and other materials (collectively, “Content”), and all related intellectual property rights (including without limitation trademarks, service marks, logos, copyrights, trade dress and the “look and feel” of the Site), are owned by Greenberg Glusker (or are displayed by Greenberg Glusker with permission of its owners or as permitted by applicable law).  You agree not to copy, reproduce, display, modify, transmit or distribute such Content, except printing copies for your own, non-commercial use, without the prior written consent of Greenberg Glusker.  These restrictions apply to such Content in all adaptations or transformations and in all media and forms, now existing or hereafter developed. 

6. Content Disclaimer.  All Content is provided “AS IS”.  Greenberg Glusker does not ensure that the Content is timely or accurate, or will remain accurate or is complete.  Content may be correct when published and later become obsolete or incorrect.  Greenberg Glusker does not represent that the Content will be free of errors, defects or viruses, or that any such errors, defects or viruses will be corrected.  Greenberg Glusker expressly disclaims all implied warranties, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

7. Changes.  Greenberg Glusker reserves the right to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time in our sole and absolute discretion.  Changes in this Agreement will be posted on this Site.  Your continued use of this Site after any changes are made shall be deemed your acceptance of the changes.

8. Prohibited Uses.  You are solely responsible for your acts and omissions when using the Site, and You agree not to engage in unacceptable use of the Site, including without limitation use of the Site to: (a) transmit unsolicited messages, chain letters or unsolicited commercial email; (b) transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, offensive, vulgar, threatening or malicious; (c) transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) transmit viruses, trojan horses or any other malicious code or programs; (e) engage in systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Greenberg Glusker by use of scrapers, spiders or other tools; or (f) engage in any other activity deemed by Greenberg Glusker to be in conflict with this Agreement.

9. Links to Other Sites.  This Site may contain links to other websites for your convenience.  These sites are not under the control of Greenberg Glusker, and Greenberg Glusker has no responsibility for the content contained on any linked site and disclaims all liability for anything contained on a linked site.  If You link to any sites from the Site, You do so entirely at your own risk.  You should review the terms of use and privacy policy of any site to which You link from the Site.

10. Site Contact Information.  Greenberg Glusker is located at 1900 Avenue of the Stars, 21st Floor, Los Angeles, California 90067.  Feel free to write to us, to the attention of Jonathan Fitzgarrald.  Alternatively, you can email us at JFitzgarrald@greenbergglusker.com.

Copyright 2008-2012 Greenberg Glusker Fields Claman & Machtinger LLP.  All Rights Reserved.

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