Our Terms of Service
Unlike many firms, our practice focuses primarily on Internet law, and on handling the transactions, disputes and legal compliance work for our clients’ Internet ventures.
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Contact: 150 Post Street, Suite 520, San Francisco, CA 94108-4707 (415) 955-1155
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© Kronenberger Rosenfeld, LLP 2006-2010
Terms & Conditions of Use of Our Website
1. This Agreement
Kronenberger Rosenfeld also may, at any time and without notice, modify or discontinue the Website. You agree that Kronenberger Rosenfeld shall have no obligation of any sort in connection with any modification or discontinuance of the Website.
3. Informational Purposes Only
Kronenberger Rosenfeld hereby grants You a nonexclusive license to download and display the Website, and to reproduce the content located thereon, in each case solely for Your personal, non-commercial use. Kronenberger Rosenfeld provides the Website for information purposes only. THE WEBSITE DOES NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, LEGAL ADVICE OR OPINION.
4. No Attorney-Client Relationship
YOUR USE OF THE WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND KRONENBERGER Rosenfeld. SIMILARLY, THE TRANSMISSION OF INFORMATION TO AND FROM KRONENBERGER Rosenfeld BY MEANS OF THE WEBSITE IS NOT AN ATTORNEY-CLIENT COMMUNICATION. If You would like Kronenberger Rosenfeld to represent You, You should complete our online case submission form. If the matter in connection with which You seek representation involves other parties, be sure to list each and every one of them on the online case submission form. If Kronenberger Rosenfeld agrees to represent You, it will inform You by email or telephone, and will provide an engagement agreement setting forth the basis of the representation. Unless and until You have executed and returned that engagement agreement, and Kronenberger Rosenfeld has confirmed its receipt, no attorney-client relationship exists.
Unless an attorney-client relationship exists between You and Kronenberger Rosenfeld, You shall not represent to any third party, either directly or by implication, that You are represented by the Kronenberger Rosenfeld, or that Kronenberger Rosenfeld is in any way involved in Your matter. Without limiting the foregoing, unless an attorney-client relationship exists between You and the Kronenberger Rosenfeld, You shall not copy Kronenberger Rosenfeld, or any attorney or employee of Kronenberger Rosenfeld, on any emails or letters in a manner that could reasonably be interpreted by any third party to mean that You are represented by Kronenberger Rosenfeld.
5. No Attorney-Client Privilege
BECAUSE YOU ARE NOT A CLIENT OF KRONENBERGER Rosenfeld, INFORMATION PROVIDED BY YOU TO KRONENBERGER Rosenfeld MAY NOT BE PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE. It is possible that Kronenberger Rosenfeld already represents, or in the future may represent, a party whose interests are adverse to Yours. In that case, Kronenberger Rosenfeld may not be able to treat information received from You as privileged.
6. Communications Made to Third Parties by Means of the Website; Share this Page Feature
You acknowledge that any communications sent by You to third parties by means of the Website (for e.g. through a "tell-a-friend" form), whether by email or otherwise, are not private, and such communications may be read by third parties with or without your knowledge. Further, You agree that the content of any communications that you send to third parties by means of the Website shall be non-confidential and non-proprietary. Kronenberger Rosenfeld reserves the right to use such communication for any purpose.
The "Share this Page" feature of the Website allows you to share information about Kronenberger Rosenfeld by sending emails containing links to certain Website pages. If You choose the "Send this Page" feature, or similar feature, Kronenberger Rosenfeld will automatically send an email on Your behalf to the indicated recipient. Your name and email address will appear in the "From" line of such email, while the "Subject" line and body of the email message will explain the email's contents.
7. Prohibited Uses
You represent and warrant that You will not use the Website to:
a. Upload or transmit content that violates the privacy, intellectual property or other proprietary rights of any third party;
b. Transmit viruses, Trojan horses, worms, malicious code or other harmful or destructive content;
d. Harm the goodwill or standing of Kronenberger Rosenfeld or any of its clients, partners, employees, affiliates, agents, contractors or representatives;
e. Attempt to probe, scan, test or violate the security features of the Website or of any associated system or network, or to obtain unauthorized access to materials or other information stored thereon;
f. Attempt to interfere with the use of the Website by any other user.
Kronenberger Rosenfeld reserves the right to cooperate fully in any investigation by law enforcement officials of any violation of this Agreement.
8. Third-Party Websites
9. Consent to Receive Email from Kronenberger Rosenfeld
By becoming a client of Kronenberger Rosenfeld, You consent to receive Kronenberger Rosenfeld's periodic newsletter (the "Newsletter"), which Kronenberger Rosenfeld distributes by email to Your address on file with Kronenberger Rosenfeld. When You complete Kronenberger Rosenfeld's online case submission form, You may also choose to be added to Kronenberger Rosenfeld's newsletter emailing list. If You are not a client and would like to stop receiving Kronenberger Rosenfeld's newsletter or other automated follow-up emails, You should click on the opt-out link contained in any of the email newsletters or other automated follow-up emails.
10. Intellectual Property
The content located on the Website, including without limitation this Agreement, is the copyrighted property of Kronenberger Rosenfeld or its licensors. Similarly, the Kronenberger Rosenfeld name, the KRInternetLaw.com domain name, the registered service mark, "Pioneering the Internet Law Frontier," and all other names and logos used by Kronenberger Rosenfeld in connection with the offering of Kronenberger Rosenfeld's goods and services are the trademarks and service marks, or registered trademarks or registered service marks, of Kronenberger Rosenfeld or its licensors. Except as explicitly permitted, neither Your use of the Website nor this Agreement grants You any right, title or interest in or to Kronenberger Rosenfeld and Kronenberger Rosenfeld's licensors' copyrights, trademarks and service marks. Copyright © 2006 to the present, Kronenberger Rosenfeld, LLP. ALL RIGHTS RESERVED.
If You believe that material located on or linked to by the Website infringes one or more of Your copyrights, please immediately notify Kronenberger Rosenfeld by means of a fax to 415-955-1158. Your fax should include: a signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf; an identification of the copyright claimed to have been infringed; a description of the nature and location of the material that You claim to infringe Your copyright, in sufficient detail to permit Kronenberger Rosenfeld to find and positively identify that material; Your name, address, telephone number and email address; and a statement by You (i) that You believe in good faith that the use of Your copyrighted material is not authorized by law, or by the copyright owner or such owner's agent and, (ii) under penalty of perjury, that all of the information contained in Your faxed notice is accurate, and that You are either the copyright owner or a person authorized to act on their behalf.
11. DISCLAIMER OF WARRANTIES
KRONENBERGER Rosenfeld HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, KRONENBERGER Rosenfeld EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. OPERATION OF THE WEBSITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ALL HARMS, WHETHER TO YOU OR TO ANY THIRD PARTY, ARISING OR RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION AS RELATE TO ANY DAMAGE TO YOUR SYSTEMS OR DATA.
12. LIMITATION OF LIABILITY
THE LIABILITY OF KRONENBERGER Rosenfeld IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KRONENBERGER Rosenfeld SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF ANY ADVICE OR NOTICE GIVEN TO KRONENBERGER Rosenfeld, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE. ADDITIONALLY, THE MAXIMUM LIABILITY OF KRONENBERGER Rosenfeld UNDER ALL CIRCUMSTANCES WILL BE THE AMOUNT PAID BY YOU TO KRONENBERGER Rosenfeld IN CONSIDERATION OF YOUR USE OF THE WEBSITE OR $25, WHICHEVER IS LESS. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN KRONENBERGER Rosenfeld AND YOU. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
You agree to defend, indemnify and hold harmless Kronenberger Rosenfeld and its partners, employees, affiliates, agents, contractors and representatives (the "Kronenberger Rosenfeld Parties") from and against all claims, losses, costs, damages, liabilities, and expenses (including without limitation attorneys' fees) arising out of or relating to: (i) Your use of the Website; (ii) any violation by You of this Agreement; or (iii) Your submission to Kronenberger Rosenfeld by means of the Website of incomplete, inaccurate or untimely information or other data. The Kronenberger Rosenfeld Parties shall have the right, but not the obligation, to participate through counsel of their choice in any defense by You under this Section.
In the event of a breach by You, this Agreement and all licenses granted thereunder shall automatically terminate, except that the following provisions will survive: 4-5, 9-12 and 15. Any termination of this Agreement terminates all of Your rights to use the Website, including Your license to the content located thereon.
Without limiting any other provision of this Agreement, Kronenberger Rosenfeld reserves the right to, in its sole discretion and without notice or liability, deny use of the Website to any person for any reason or no reason at all.
15. Communication Concerning Availability of Professional Employment
The Website and certain issues of the Newsletter are "communications" within the meaning of Rule 1-400 of the California Rules of Professional Conduct. Neither this Website nor the Newsletter is intended as, nor should they in any way be construed as, "Solicitations" as also defined by that rule. If You believe that the Website violates any applicable ethical rule, whether in Your jurisdiction or elsewhere, You should immediately leave the Website, and should disregard all information and other materials available thereon.
16. Choice of Law; Jurisdiction and Venue
The Website is located and operated by Kronenberger Rosenfeld in San Francisco, California. This Agreement shall be interpreted and enforced as though executed in San Francisco, and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THE WEBSITE OR THIS AGREEMENT WILL BE THE STATE AND FEDERAL COURTS LOCATED IN SAN FRANCISCO, CALIFORNIA. THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.
17. Entire Agreement; Amendment
This Agreement constitutes the entire agreement between Kronenberger Rosenfeld and You concerning Your use of the Website. This Agreement may only be modified as stated in Section 2, above, or by amendment signed by an authorized representative of Kronenberger Rosenfeld.
18. Severability; Waiver
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of Kronenberger Rosenfeld. Notwithstanding the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Without limiting any other provision of this Agreement, this Agreement creates no agency, partnership, joint venture or employee-employer relationship between You and Kronenberger Rosenfeld.