No Legal Advice
The information and materials available on the Site (the “Materials”) are for informational purposes only and are not intended to and do not constitute legal advice or a solicitation for the formation of an attorney-client relationship. The information provided on this Site may not apply to your particular facts or circumstances; therefore, you should seek legal counsel prior to relying on any information that may be found on this Site. Furthermore, information provided on this Site may not reflect the most recent developments in the law and may not be applicable in your particular jurisdiction. Therefore, you should not act on any of the information contained on this Site until you obtain legal counsel from a qualified individual in your jurisdiction.
No attorney-client relationship is created through your use of the Site or your receipt of the Materials. FSD accepts clients only in accordance with certain formal procedures, and renders legal advice only after completion of those procedures. FSD does not seek to represent anyone desiring representation based upon viewing the Site in a state, territory or foreign country where the Site fails to comply with applicable laws and ethical rules. In addition, FSD’s attorneys do not seek to practice law in states, territories or foreign countries where they are not properly authorized to do so.
No Attorney-Client Relationship
FSD has established procedures in place for accepting representation of a new client and establishing an attorney-client relationship, which include obtaining a signed copy of an engagement letter and clearing conflicts in accordance with the rules of professional ethics in each jurisdiction in which we operate. Therefore, if you submit an unsolicited email or other communication or information to FSD via this Site, understand that no attorney-client relationship is created. Because no attorney-client relationship is created in these instances, any such communications are not considered confidential and may be disclosed to third parties in the manner described in our Privacy Statement.
This Site and the information contained herein are not intended to be an advertisement or solicitation of business, but it may be considered an advertisement in some jurisdictions.
All content, text, images, graphics, data, information, and other material displayed (including without limitation The Employer handbooks and A.S.A.P. newsletters), as well as the original selection, arrangement, and presentation of such material displayed, available or present on this Site (“Content”), including any intellectual property rights in such Content (including without limitation trademarks and copyrights) (hereinafter “Intellectual Property Rights”), are the property of FSD, its affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws. You should assume that everything you see or read on this Site is the property of FSD or its licensors and is protected by copyright, trademark, and other proprietary rights and laws unless otherwise noted and may not be used without our written permission, except as otherwise provided in these Site Terms.
Authorized and Prohibited Uses
You may access, use and display this Site on a single computer only and download and print copies of the Content only for noncommercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Site Terms and applicable laws. Except as may otherwise be expressly authorized by these Site Terms, you may not otherwise reproduce, sell, publish, distribute, transmit, modify, display, use or perform or create any derivative works of any of this Site or the Content or Materials without our prior written permission.
If this Site permits the emailing of certain Content or a link through the use of an “email to a friend” (or similar) icon, you may send that particular Content or link to others by email, as indicated. You agree not to infringe upon any Intellectual Property Rights or remove or modify related proprietary notices contained in this Site, the Materials or the Content.
Registration and Passwords
At times, we may or may not require you to have a password and provide registration details to access this Site or portions of this Site. If we do require a password and registration details, the details you provide must be correct, current and complete. If we believe that the details are not correct, current and complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account, if any. You are responsible for maintaining the confidentiality of any password(s) you are given to access this Site or any portion hereof, and you are fully responsible for all activities that occur under your password(s). You agree to notify us immediately of any unauthorized use of your password(s). We reserve the absolute right not to issue a password to any person or entity.
You agree to comply with all applicable laws and regulations in connection with your use of the Site. You will not violate, attempt to violate, or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of the Site. Without limiting the foregoing, you agree not to (a) attempt or to enable others to attempt to gain unauthorized access to any other accounts, computer systems or networks connected to any FSD server or to any of the Materials or Content, through hacking, password theft or any other means; (b) attempt or enable other to attempt to obtain any Materials or Content through any means that FSD has not intentionally made available on the Site; or (c) use the Site, Content or Materials in any manner that could damage, disable, overburden, or impair any FSD server, or the network(s) connected to any FSD server, or that might interfere with any other person’s access to or use or enjoyment of any Materials or Content.
Compliance With the Digital Millennium Copyright Act
FSD respects the rights of all copyright holders, and in this regard we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of this Site who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) 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;
(c) Identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the information reasonably sufficient to permit us to locate the Content;
(d) Information reasonably sufficient to permit us to contact the complaining party;
(e) A statement that the complaining party has a good faith belief that the use of the Content in the manner complained of is not authorized by the copyright owner, its agent or the law;
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act, please contact FSD’s Copyright Agent at:
THIS SITE, ITS CONTENT, MATERIALS AND ITS LINKS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. FSD, ITS AFFILIATES AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS SITE (INCLUDING ITS CONTENT, MATERIALS, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitations on Liability and Remedies
FSD’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH FSD (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SITE) IS TO DISCONTINUE YOUR USE OF THE SITE. FSD, ITS AFFILIATES, SUPPLIERS AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THIS SITE OR MATERIALS OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH FSD. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF FSD HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS FSD’S AND ITS SUPPLIERS’ OR VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF FSD WILL BE LIMITED TO, IN THE SOLE DISCRETION OF FSD, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK, OR (2) REFUND OF ANY FEES FOR THIS SITE RECEIVED BY FSD FROM YOU.
You agree to defend, indemnify and hold harmless FSD and its affiliates and its suppliers, and each of their respective partners, officers, directors, employees, representatives, agents and contractors from and against all demands, claims, damages, liabilities, losses, costs, expenses or harms, including without limitation attorneys fees, arising in connection with your use of this Site, online conduct, improper or unauthorized use of the Materials or Content, breach of these Site Terms, infringement of any Intellectual Property Rights or other proprietary rights, or dealings or transactions with other persons resulting from your use of this Site.
Dispute Resolution; Applicable Law and Forum
These Site Terms shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Site Terms or your use of the Site or Content or Materials shall be brought exclusively in the Federal or State courts located in San Francisco County, California, and you hereby unconditionally and irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site or these Site Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of FSD to exercise or enforce any right or provision of these Site Terms shall not constitute a waiver of such right or provision.
Separate Terms and Conditions
From time to time in connection with your use of and/or access to Content or Materials contained in certain areas of this Site, it may be necessary for you to consent to policies or terms and conditions in addition to these Site Terms. You should read carefully any such additional terms and conditions before making any use of such Content or Materials or areas of this Site. Any such terms will not vary or replace these Site Terms regarding any use of this Site, unless otherwise expressly stated.
The section titles in these Site Terms are for convenience only and have no legal or contractual effect. Neither the course of conduct between you and FSD, nor trade practice, shall act to modify any provision of these Site Terms. These Site Terms are not assignable, transferable or sublicensable by you. These Site Terms comprise the entire and exclusive agreement between you and FSD with respect to your use of the Site and Materials, superseding any prior agreements or negotiations between you and FSD with respect to your use of the Site.
You may link to any page of this Site, but no framing is permitted. Any link to this Site must be immediately followed by notice to FSD.
In the event we deem your linking practices in relation to this Site to be inappropriate, we may provide you with notice concerning removal or modification of the inappropriate link, and you agree to comply with any and all requirements of FSD relating thereto. Please use an official FSD Web banner when linking to this Site. You may use such Web banner solely in connection with the link unless and until FSD gives notice that you must stop using the Web banner and/or discontinue linking to this Site.
Authority of Website Administrator
FSD may in its discretion modify, edit, translate, suspend, restrict access to or terminate this Site, these Site Terms, the Content, the Materials or any other link at any time without liability or prior notice. FSD may in its discretion terminate the browsing of, registration with and use of this Site by any user at any time without liability or prior notice for any reason, including without limitation for any breach of these Site Terms.
Good Samaritan Policy
It is FSD’s policy not to tolerate any acts of intellectual property infringement or violations of federal or state law. We will, in good faith, make our best efforts to remove, disable or restrict access to the availability of Content or Materials on the Site that, in our subjective view, is obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable, whether or not such material is constitutionally protected. This provision does not impose upon FSD any contractual obligation to undertake, or refrain from undertaking, any particular course of conduct, or to monitor the Site.
You agree not to submit any Content to this Site or commit any act involving the transfer of information relating to any Content in violation of applicable import/export control, espionage or national security laws.
You agree to comply with all applicable laws in connection with your use of this Site.
Unsuitable Content and Conduct
You will not engage in conduct or submit to this Site any Content or other material that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive or otherwise objectionable. You will not cause damage, embarrassment or adverse publicity to FSD.
Functional Compatibility and System Abuse
If any portion of the Site accepts the submission of User Content, you will submit only User Content and material that is functionally and technically compatible with this Site. You will not attempt to and will not damage, corrupt, tamper with or infect this Site, the Content, the Materials or any information or telecommunication system of FSD with a virus or other malicious computer program. You will only use this Site for the permitted purposes stated in these Site Terms and will not engage in abusive activity with respect to this Site. Without limiting the generality of the foregoing, you agree not to send, create or reply to so-called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent); engage in “spamming” (i.e., unsolicited emailing for business or other purposes); or undertake any other activity that may adversely affect the use or enjoyment of this Site by any person. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password-guessing programs, cracking tools or network-probing tools) is strictly prohibited. If you become involved in any violation of system security, FSD reserves the right to release your details to system administrators at other sites and law enforcement authorities to assist them in resolving security incidents.
Your Cooperation and Notification
You agree to cooperate with all reasonable requests of FSD and will notify us promptly upon learning of any actual or suspected breach of these Site Terms by you or unauthorized use or abuse of this Site.
Third Party Sites and Other Information
This Site may contain, as a convenience to you, Content, links and other information submitted by third parties over whom FSD has no control or responsibility, as well as translations thereof that we may arrange. FSD has no obligation to monitor, control or restrict the use of this Site or third party websites accessible via links on this Site. These third party sites are not under our control, and you acknowledge that (whether or not such sites are affiliated in any way with FSD) FSD is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by FSD or any association with its operators. Moreover, we have no obligation to verify any User Content submitted by a user or to provide any registration or other information to you concerning any Content.