Effective Date: June 8, 2016. Last Updated: December 31, 2019.
This Privacy Statement describes information and privacy practices that apply when you use the Schwabe, Williamson & Wyatt, P.C. (“Schwabe,” “us,” “our,” and “we”) website, located at http://www.schwabe.com/ (the “Site”) and when you attend Schwabe events. This Privacy Statement applies to personal information collected when you use this Site and/or when you attend Schwabe events, and is distinct from, or where applicable, supplemental to, our practices related to the collection or use of information we may collect from you in the provision or our services to clients.
PLEASE READ THIS PRIVACY STATEMENT BEFORE YOU USE THE SITE. Your use of the Site signifies that you have read and understand all of the terms of this Privacy Statement. If you do not understand any part of this Privacy Statement, do not use the Site.
CHANGES TO THIS PRIVACY STATEMENT. We reserve the right to revise this Privacy Statement at any time. We will post any revised Privacy Statement here and provide a “Last Updated” date at the top of this Privacy Statement. In some cases, we might provide you with additional notice (such as by adding a statement to the homepage our Site). Your use of the Site following such revision signifies to us that you have read and understand all of the terms of this Privacy Statement, as amended, and the revisions will apply to the information collected on and after the date on which we post the revised Privacy Statement.
IMPORTANT NOTICE: Please see Section 3(b) below regarding our use of your personal information for marketing purposes.
1. Information Collected
(a) Personally Identifiable Information
In order to subscribe to our mailing list or to complete a form to attend a Schwabe-hosted event, you will be required to provide Personally Identifiable Information (described below). YOU ARE NEVER UNDER ANY OBLIGATION TO PROVIDE YOUR PERSONALLY IDENTIFIABLE INFORMATION. If you do not provide Personally Identifiable Information, you will not be able to use some features of the Site. When you do provide your Personally Identifiable Information, you are authorizing us to use that information in accordance with this Privacy Statement and to store your Personally Identifiable Information on our servers located in the United States (which might have less protective data protection laws than the region in which you reside).
Personally Identifiable Information collected on the Site consists of information including, but not limited to:
(i) Your full name;
(ii) Your company’s name;
(iii) Your email address;
(iv) Your phone number;
(v) Event preferences;
(vi) Information you input into any open text box or search box;
(vii) Any other information you actively enter into the Site.
Personally Identifiable Information can be provided by you to us in several ways, including but not limited to, when you subscribe to receive mailings from us, when you sign up to attend an event, or otherwise actively enter any information into the Site.
(b) Automatically Collected Information
As soon as you access and use the Site, we automatically track, collect, and store information about your visit such as:
(i) Date and time of visit and duration of visit;
(ii) Site traffic patterns and clickstreams;
(iii) Type of web browser used, operating system/platform used;
(iv) Your IP address or mobile device ID;
(v) The website from which you linked to the Site;
(vi) Other similar information about your use of the Site.
This information allows us to track what Site visitors are looking at most frequently so we can analyze trends; recognize and deliver more of the desired features; and continually improve the performance and functionality of the Site. Unless prohibited by law, this Automatically Collected Information could be combined with Personally Identifiable Information you have provided.
2. How We Collect Automatically Collected Information
We use a feature of your internet browser called a “cookie” (a small file automatically placed on your hard drive or device memory, which assigns you a unique, random number that acts as a sort of anonymous ID) to facilitate Site navigation and internet sessions. Standing alone, a cookie does not identify Personally Identifiable Information of a user; rather, it identifies the computer or device that a user uses to access the Site. Unless you choose to identify yourself to us, such as by signing up to receive mailings from us, you remain anonymous to us when browsing the Site.
Most browsers automatically accept cookies, but you can disable the acceptance of cookies at any time by changing the preferences in your browser. Please refer to your browser for information on how to disable and control cookies. If you choose to disable cookies on your browser, you might not be able to use some features of the Site.
(b) IP Addresses and Device IDs
When you visit the Site, we collect your IP address and/or mobile device ID to track and aggregate Automatically Collected Information. For example, we use IP addresses to monitor the regions from which our Site users navigate to the Site.
(c) Third Party Cookies and Website Analytics
We might engage third parties to track and analyze usage and volume statistical information from users of the Site. You might encounter cookies from these third parties on certain pages of the Site, which we have allowed. The information provided to these third parties does not include Personally Identifiable Information; rather, these third parties only collect Automatically Collected Information. We use the information collected from these service providers to find usability problems to make the Site easier to use.
3. Use of Collected Information
(a) Use of Personally Identifiable Information, Generally
We might use your Personally Identifiable Information to respond to your information requests; to register you for a Schwabe-hosted event for which you’ve signed up; to otherwise complete your actions and requests made through the Site; to notify you about changes to our services; or to provide required notices. See other sections of this Privacy Statement for more information on how we use your Personally Identifiable Information.
(b) Use of Personally Identifiable Information for Marketing Purposes
If you have subscribed to our mailing list, we will use your Personally Identifiable Information to contact you to provide information about upcoming events that could be of interest to you; to send you eblasts, blog posts, webinars, and other content; and to send you other Schwabe updates and other general information about our services. Please note that Schwabe’s existing and former clients and other contacts will also be added to Schwabe’s mailing list in other ways as well and will receive marketing communications from Schwabe even if they have not subscribed to our mailing list via this website.
With each marketing communication, you will be given the opportunity to opt-out of receiving future marketing notices. You may also opt-out of receiving future marketing notices by contacting us at firstname.lastname@example.org. If you request that we not contact you for marketing purposes (either by using the unsubscribe mechanism or by sending us an email), we reserve the right to contact you for non-marketing purposes relating to your use of the Site or our ongoing business relationship.
(c) Automatically Collected Information
We collect Automatically Collected Information in an effort to ensure that our Site will appear and function appropriately on your computer or device, to help us improve the Site, and so we can determine which website referred you to our Site. We might use Automatically Collected Information to track what our Site users are looking at most frequently so we can recognize and deliver more of the desired features. See other sections of this Privacy Statement for more information on how we use your Automatically Collected Information.
(d) General Use
We use both Automatically Collected Information and Personally Identifiable Information to help diagnose problems with the Site; to analyze statistical use patterns and demographic data; and to improve our Site and services.
4. Who Has Access to the Information We Collect?
Except in the circumstances stated in this Privacy Statement, we will not disclose your Personally Identifiable Information to any third party. Schwabe does not sell or otherwise disclose Personally Identifiable Information to any third parties for monetary or other valuable consideration, and has not done so in the preceding twelve (12) months.
(a) Third-Party Service Providers
We might provide your Personally Identifiable Information and Automatically Collected Information to third parties that provide us with services to the extent necessary and appropriate, in our discretion, to perform certain marketing or Site related services on our behalf (e.g., improving Site related services and features, hosting services, directing mailings, conducting website analytics).
(b) Merger, Acquisition, or Sale
We might transfer your Personally Identifiable Information and Automatically Collected Information to a third party (whether affiliated or not), in the event of a sale or transfer of assets or other disposition of all or any portion of our business. In this event, we will, if allowed, use reasonable efforts to notify you when your Personally Identifiable Information and Automatically Collected Information is transferred to any third party under this paragraph by posting such notice on the Site and/or by contacting you via the Personally Identifiable Information you have provided us, if any.
(c) Required by Law; Legal Protection
Notwithstanding anything to the contrary in this Privacy Statement, we might disclose Personally Identifiable Information and Automatically Collected Information to any third party, without your consent and without notice to you, if we believe we are legally obligated to do so; if we believe disclosure is necessary to protect, establish, or exercise our legal rights or defend against legal claims; or if we believe disclosure is necessary to otherwise protect our rights, property, and/or safety and/or that of others.
We might disclose your Personally Identifiable Information and Automatically Collected Information to a third party with your consent or at your direction, including if we notify you that the information you provide will be shared in a particular manner and you then provide such information.
(e) Automatically Collected Information
We reserve the right to share de-identified aggregated Automatically Collected Information without restriction.
5. Securing Collected Information
We use commercially reasonable physical, electronic, and managerial security measures to assist in protecting against the loss, misuse, and unauthorized alteration of Personally Identifiable Information and/or Automatically Collected Information that is under our control. Unfortunately, no data storage system, or system of transmitting data over the Internet, can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of our servers, the means by which Personally Identifiable Information and Automatically Collected Information is transmitted between your computer and our servers, or any Personally Identifiable Information or Automatically Collected Information provided to us or to any third party through or in connection with the Site.
6. Your Rights and Choices Regarding Your Personal Information
Certain jurisdictions provide individuals with specific rights regarding their personal information. Depending on the jurisdiction in which you reside you may have some or all of the following rights and choices regarding your Personally Identifiable Information.
Access to Specific Information and Data Portability Rights
You have the right to request that Schwabe disclose certain information to you about our collection and use of your Personally Identifiable Information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of Personally Identifiable Information we collected about you.
- The categories of sources for the Personally Identifiable Information we collected about you.
- Our business or commercial purpose for collecting or selling that Personally Identifiable Information.
- The categories of third parties with whom we share that Personally Identifiable Information.
- The specific pieces of Personally Identifiable Information we collected about you (to the extent technically feasible, this information will be provided to you in a readily useable format that allows you to transmit this information to another entity without hindrance if you desire).
- The categories of Personally Identifiable Information disclosed to third parties, and the categories of any such third party recipients, if we disclosed your Personally Identifiable Information to any third party, such as our service providers, for a business purpose.
Deletion Request Rights
You have the right to request that Schwabe delete any of your Personally Identifiable Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personally Identifiable Information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the Personally Identifiable Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with any applicable law, regulation, court order, or other legal obligation.
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please send us a verifiable consumer request via e-mail to: email@example.com
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personally Identifiable Information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personally Identifiable Information or an authorized representative. Where possible, we will attempt to verify your identity by only using Personally Identifiable Information we have previously collected from you, such as an e-mail address. DO NOT SEND US SENSITIVE PERSONAL INFORMATION, such as a social security number, in your initial request to exercise any available right(s) related to your personal information.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with Personally Identifiable Information if we cannot verify your identity or authority to make the request and confirm the Personally Identifiable Information relates to you. We will only use Personally Identifiable Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We will confirm receipt of any request to know or delete within ten (10) days of receipt, and will endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to forty-five (45) additional days), we will inform you of the reason and extension period in writing.
We will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personally Identifiable Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Personal Information Sales Opt-Out and Opt-In Rights
As stated above, Schwabe does not sell or otherwise disclose to any third parties Personally Identifiable Information for monetary or other valuable consideration, and has not done so in the preceding twelve (12) months. In the event that Schwabe were to ever sell or disclose Personally Identifiable Information for monetary or other valuable consideration, in such case, and depending on the rights provided to you based on the jurisdiction in which you reside:
- If you are 16 years of age or older, you would have the right to direct us to not sell your Personally Identifiable Information at any time (the “right to opt-out”).
- We would not sell the Personally Identifiable Information of individuals we knew to be less than 16 years of age, unless we received affirmative authorization (the “right to opt-in”) from either the individual who is between 13 and 16 years of age, or the parent or guardian of an individual less than 13 years of age.
- Individuals who opt-in to Personally Identifiable Information sales would be able to opt-out of future sales at any time.
- We would post instructions in this Privacy Statement describing how to exercise your “opt-out” rights, as well as a description of the processes we would follow in response to your request.
7. Updating and Correcting Personal Information
Notwithstanding any rights you may have under any applicable data protection laws, you may update or change your Personally Identifiable Information that we have on file (if any) at any time by sending an email request to firstname.lastname@example.org.
If you request that your Personally Identifiable Information be changed or deleted from our databases, we will use commercially-reasonable efforts to remove your Personally Identifiable Information from our databases, but see Section 8 regarding why we might still maintain some information.
8. Retention and Storage
We might retain your Personally Identifiable Information and Automatically Collected Information in our databases until you ask us to remove your information from our databases, unless applicable laws require otherwise. Note that even after you ask us to remove your information from our databases, it might not be possible or reasonably feasible to remove some information, such as information tracked in our web server log files and information that resides in backup files. We might also retain Automatically Collected Information even after you request that we remove your information from our databases, for use in the aggregate and to analyze and improve the Site. Further, even after you request that we remove your information from our databases, we might retain Personally Identifiable Information and Automatically Collected Information to comply with any applicable law, rule, regulation, or guideline; to prevent fraudulent activity; to protect ourselves against liability; and to allow us to enforce our contractual or other rights and to pursue available remedies and limit any damages we might sustain.
9. Links to Third-Party Websites, Products, and Services
This Privacy Statement applies only to the Personally Identifiable Information and Automatically Collected Information collected through the Site. The Site could contain links to other websites (“Linked Sites”), products, and services that are not owned or controlled by us. We are not responsible for and have not reviewed the privacy practices of the Linked Sites, or the owners or operators of the Linked Sites, products, or services. We shall not be responsible or liable in any way as a result of your use of any Linked Site and/or purchase and/or use of any linked products or services.
10. Social Sharing Features
The Site might enable social sharing features and other integrated tools, which let you share portions of the Site with other media. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please review the privacy statements of the entities that provide these features.
11. Intended Users of the Site
The Site is intended for adults only. By accessing, providing information through, or otherwise using the Site, you affirm (i) that you are at least eighteen (18) years old, or that you are between the age of thirteen (13) and seventeen (17) and possess legal parental or guardian consent to use the Site and provide information through the Site; and (ii) that you are competent and capable of understanding and complying with this Privacy Statement.
We will not knowingly collect Personally Identifiable Information from children under age thirteen (13) and will not knowingly contact children under age thirteen (13) for marketing purposes.
If any provision of this Privacy Statement is found to be unenforceable, then the unenforceable provision will be deemed superseded by an enforceable provision that most closely matches the intent of the original provision, and the remainder of this Privacy Statement shall continue in full force and effect.
13. Contact Us
If you have any questions about this Privacy Statement or the use of your information, please contact us at:
Schwabe, Williamson & Wyatt, P.C.
Client Relations Department
1211 SW Fifth Avenue, Suite 1900
Portland, Oregon 97204
©2016 Schwabe, Williamson & Wyatt, P.C. All Rights Reserved.
Effective Date: June 8, 2016
PLEASE READ these Terms before you use the Site. Your use of the Site signifies that you have read and agree with all of these Terms. These Terms constitute a legally-binding agreement between you and Schwabe (unless applicable law provides otherwise). These Terms do not alter in any way the terms or conditions of any other agreement you might have with Schwabe for services or otherwise. If you are a Schwabe client, different terms govern our client relationship with you, but these Terms govern your use of the Site and provision of information through the Site.
If you are using the Site on behalf of an entity, you represent and warrant that you have full authority to bind your entity to these Terms and that such entity agrees to be responsible to Schwabe for any violation of these Terms by you. If you do not have such authority, do not use the Site. You acknowledge and agree these Terms are supported by reasonable and valuable consideration (which consideration includes your use of the Site), and you acknowledge your receipt of and the sufficiency of the consideration. These Terms apply only to your use of the Site and do not apply to any of our other transactions with you.
We reserve the right to revise these Terms at any time. We will post any revised Terms here and provide a “Last Updated” date at the top of these Terms. In some cases, we might provide you with additional notice (such as by adding a statement to the homepage our Site or by sending an email notice). Your use of the Site following such revision constitutes your acceptance of and agreement to these Terms, as amended, and the revisions will apply to your use of the Site on and after the date on which we post the revised Terms.
We reserve the right to remove any content from the Site; to modify, suspend, or discontinue the Site or any portion of the Site; and/or to deny the access of any user or users to all or any part of the Site.
See important information below regarding the jurisdiction for disputes and your indemnification obligations.
Use of the Site
You may use the Site and the content, information, and materials contained on the Site for your informational and non-commercial purposes only. Users of the Site are expected to respect the rights and dignity of others. Specifically, you agree to not:
- Reproduce, modify, adapt, translate into any other language, creative derivative works based on, reverse engineer (except to the extent this restriction is prohibited by law), decompile, disassemble, rent, lease, loan, sell, offer to sell, otherwise make commercial use of, republish, transmit, display, perform, distribute, or otherwise transfer all or any part of the Site or any content, information, or materials contained on the Site.
- Use the Site for any fraudulent or unlawful purpose.
- Use the Site to violate the legal rights of others or harvest or collect information about other Site users.
- Use any data mining, robots, or similar data gathering or extraction methods.
- Impersonate any person or entity, create a false identity, falsely state or otherwise misrepresent your affiliation with any person or entity, or otherwise mislead as to the origin of any information you submit.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, policies, or regulations of our networks.
- Transmit or otherwise make available in connection with the Site any virus, worm, spyware, or other computer code, file, or application that might be harmful or invasive or might be or is actually intended to damage or overtake the operation of, or to monitor the usage of, any hardware, software, or equipment.
- Restrict or inhibit any other person from using the Site.
- Remove any copyright, trademark, or other intellectual property rights notice from the Site or content, information, or materials contained on the Site.
- Frame or mirror any part of the Site without obtaining our prior written consent.
- Create a database by downloading and saving content from the Site.
- Obtain or attempt to obtain any Site content, material, or information through any means not intentionally made available to you. You may not attempt to defeat any security measures that we take to protect the Site.
- Use any manual or automatic site search/retrieval computer hardware or application to retrieve or in any way gather Site content or reproduce or circumvent the structure or presentation of the Site without our prior written consent. Operators of search engines are hereby granted a limited permission to use retrieval applications to reproduce materials from the Site for the purpose of and only to the extent necessary for creating publicly available searchable indices of content on the Site and only in connection with each operator’s public online search service. We reserve the right to revoke this permission in whole or in part.
- Otherwise use the Site or content, information, and/or materials contained on the Site other than as expressly permitted in these Terms (unless Schwabe grants you such rights in a separate written and signed agreement).
You acknowledge the unauthorized use of the Site and/or content, information, and/or materials contained on the Site could cause irreparable harm to us and that in the event of an unauthorized use, we will be entitled to any and all remedies available at law or in equity, including, without limitation, injunctive relief, without the necessity of proving damages or posting a bond or other security.
Accuracy of Information
We attempt to ensure that information on the Site is complete, accurate, and current. Despite our efforts, the information on the Site might occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or timeliness of any information on the Site.
Our Intellectual Property Rights
We and our respective licensors and suppliers exclusively own all rights, titles, and interests in and to the content, information, and materials contained in the Site; the selection, arrangement, and presentation of all such content, information, and materials (including information in the public domain); the overall design, “look and feel,” color combinations, and other graphical elements of the Site; and all copyright, trademark, and other proprietary rights in and to the foregoing.
We grant you a non-transferable, non-assignable, non-sublicensable, non-exclusive, revocable, and limited license to access and use the Site for your informational and non-commercial purposes only, provided that you comply with these Terms. Any use of the Site and/or the content, information, and/or materials contained on the Site other than as specifically authorized in these Terms, without the prior written permission of Schwabe, is strictly prohibited and will result in the immediate and automatic termination of the license granted to you in these Terms. Such unauthorized use might also violate applicable laws including without limitation copyright and trademark laws. Except as explicitly stated, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by implication, estoppel, or otherwise.
SCHWABE; SCHWABE, WILLIAMSON & WYATT; SW&W; SWW; IDEAS FUEL INDUSTRIES; REPRESENTED BY SCHWABE (Stylized); and the other trademarks and service marks we use on the Site represent only some of the marks we currently own or have the right to use in the United States and/or in other countries. The display of these marks is not intended to be a comprehensive compilation of all of our trademark rights, and we might own and control other trademark rights in one or more countries. Your use of the marks displayed on the Site without our prior written consent is strictly prohibited. You may not use any metatags or any other “hidden text” utilizing the marks listed at the beginning of this paragraph or any other name, trademark, or service mark of Schwabe without Schwabe’s prior written permission. You may not use Schwabe trademarks or logos to link to this Site without Schwabe’s prior written permission.
All trademarks and service marks on the Site not owned by us are the property of their respective owners. Reference to any product, service, or other information by trade name, trademark, service mark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by or affiliation with Schwabe.
Links; Third-Party Products and Services
For information on how we collect, use, and store information collected through your use of the Site, view our Privacy Statement here. Your use of the Site constitutes your acknowledgment of and agreement to our Privacy Statement, and you acknowledge that you have read and understand our Privacy Statement. The Privacy Statement is incorporated into and made a part of these Terms by this reference.
While we try to maintain the security of the Site, we do not guarantee that the Site will be secure or that any use of the Site will be uninterrupted. Additionally, third parties might make unauthorized alterations to the Site. If you become aware of any unauthorized third party alterations to or use of the Site or any other breach of security, contact us at email@example.com. Additional information regarding the security of your information is included in our Privacy Statement.
Limitations of Liability and Disclaimers
THE SITE AND ALL CONTENT, INFORMATION, AND MATERIALS CONTAINED ON THE SITE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS, WARRANTIES, AND TERMS AND CONDITIONS WITH RESPECT TO THE SITE AND ALL CONTENT, INFORMATION, AND MATERIALS CONTAINED ON THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, SUITABILITY, TIMELINESS, RELIABILITY, SECURITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE SITE OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATION OR WARRANTY THAT COMMUNICATIONS THROUGH THE SITE WILL BE SECURE AND NOT INTERCEPTED. IF YOUR USE OF THE SITE OR THE CONTENT, INFORMATION, AND/OR MATERIAL CONTAINED ON THE SITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN WE WILL NOT BE LIABLE FOR THOSE COSTS. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, INFORMATION, OR MATERIALS MADE AVAILABLE THROUGH THE SITE.
WITHOUT LIMITING THE FOREGOING PARAGRAPH, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR ENHANCED DAMAGES (INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES) ARISING OUT OF (i) YOUR USE OF OR INABILITY TO USE THE SITE; AND/OR (ii) ANY CONTENT, INFORMATION, OR MATERIALS OBTAINED ON OR THROUGH THE SITE OR YOUR RELIANCE ON ANY SUCH CONTENT, INFORMATION, OR MATERIALS, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS “LIMITATIONS OF LIABILITY AND DISCLAIMERS” SECTION OF THESE TERMS ARE A MATERIAL PART OF OUR AGREEMENT. IT IS POSSIBLE THAT APPLICABLE LAW MIGHT NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES. SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. HOWEVER, IN ALL CIRCUMSTANCES, OUR MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES, AND CLAIMS, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE GREATER OF (A) THE AMOUNT YOU PAID DIRECTLY TO SCHWABE SOLELY FOR ACCESS TO AND USE OF THE SITE (IF ANY); OR (B) USD 50.00. NOTWITHSTANDING THE FOREGOING SENTENCE, IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
No statements, whether oral or written, made by any director, officer, MEMBER, PARTNER, employee, or agent of SCHWABE or made on thE site may be deemed as a representation or warranty on behalf of SCHWABE in contradiction to any provision of these terms.
You expressly waive California Civil Code Section 1542 (and any similar laws in other jurisdictions), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Except to the extent prohibited under applicable law, you agree to indemnify and hold schwabe AND OUR SUCCESSORS AND ASSIGNS (AND EACH SUCH COMPANY’S DIRECTORS, OFFICERS, MEMBERS, PARTNERS, EMPLOYEES, AND AGENTS) harmless FOR, from, and against all claims, damages, LIABILITIES, losses, judgments, demands, AWARDS, and costs and expenses (including attorneys’ fees AND COSTS) arising out of (a) your use of, or activities in connection with, the Site or CONTENT, INFORMATION, OR materials contained on the Site; (b) your INFRINGEMENT, MISAPPROPRIATION, OR OTHER violation of rights of any third party through your use of the Site or content, information, or materials contained on the site; OR (c) YOUR VIOLATION OF ANY LAW, RULE, OR REGULATION OR YOUR violation of these Terms.
We have the right, but not the obligation, at any time and with any frequency in our discretion, to audit your use of the Site to determine your compliance with these Terms. We might take steps that we believe are appropriate to enforce or verify compliance with any part of these Terms (including without limitation our right to cooperate with any legal process relating to your use of the Site or any third party claim that your use of the Site is unlawful or infringes a third party’s rights, or to enforce or defend our rights).
Modification to Site; Termination of Site or Your Access
There is no guarantee that we will continue to provide the Site, and we might suspend or discontinue the Site (or any part thereof) at any time for any reason and without notice to you. We have the right to remove any content from the Site or to modify the Site at any time, without prior notice to you.
Unless prohibited by law, we might, at any time and for any reason and in addition to all other rights and remedies, terminate and block your access to or use of the Site without prior notice to you. We shall not be liable for any termination of your access to the Site. Accessing the Site after such termination will constitute an act of trespass, among other potential claims.
Your Discontinued Use
You may discontinue use of the Site at any time. These Terms will continue to apply to all past use of the Site by you, even if you are no longer using the Site
The Site is controlled and operated from the United States, and is not intended to (and shall not be deemed to) subject us to non-U.S. jurisdiction or laws. The Site might not be appropriate or available for use in some jurisdictions outside of the United States, and use of the Site is unauthorized in any jurisdiction that does not give effect to all of the provisions of these Terms. If you access the Site, you do so at your own risk, and you agree to comply with all applicable local, state, and federal laws, rules, and regulations in connection with your use of the Site. We might limit the Site’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.
Governing Law; Disputes
You hereby agree that these Terms (and any claim or dispute arising in connection with these Terms or your use of the Site) are governed by and shall be construed in accordance with the laws of the State of Oregon, U.S.A., without regard to its principles of conflicts of law. You consent to the exclusive jurisdiction and venue of the federal and state courts located in Multnomah County, Oregon, and you waive any jurisdictional, venue, or inconvenient forum objections thereto. You agree that any dispute arising between you and us under these Terms (including without limitation relating to your use of the Site) will be filed only in the federal and state courts located in Multnomah County, Oregon, and will be conducted only on an individual basis and not in a class, consolidated, or representative action. You further agree that, regardless of any statute or law to the contrary, you must file any claim or cause of action against us arising out of or relating to these Terms or your use of the Site within one (1) year after such claim or cause of action arose, or forever be barred.
Intended Users of the Site
The Site is intended for adults only. By accessing, providing information through, or otherwise using the Site, you affirm (i) that you are at least eighteen (18) years old, or that you are between the age of thirteen (13) and seventeen (17) and possess legal parental or guardian consent to use the Site and provide information through the Site; and (ii) that you have authority to agree to this Privacy Statement and are competent and capable of understanding and complying with this Privacy Statement.
These Terms do not create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. If any provision of these Terms is found to be unenforceable, then the unenforceable provision will be deemed superseded by an enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full force and effect. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. No waiver or failure to assert any provision of the Terms shall be valid unless in writing and signed by an officer of Schwabe. No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. These Terms represent the entire agreement between you and us relating solely to your use of the Site. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings, based upon or relating to these Terms and/or your use of the Site, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. Any rights not expressly granted in these Terms are reserved by us.
If you have any questions or comments regarding the Site, please contact us at:
Schwabe, Williamson & Wyatt, P.C.
Client Relations Department
1211 SW Fifth Avenue, Suite 1900
Portland, Oregon 97204
©2016 Schwabe, Williamson & Wyatt, P.C. All Rights Reserved.