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Private Surgeon General Class Action Defender

Terms of Use

This Terms of Use agreement (the “Agreement”) is between you and Morrison & Foerster LLP (“Morrison & Foerster,” “we,” “us”) concerning your use of the Private Surgeon General Class Action Defender website, currently located at www.privatesurgeongeneral.com (together with any successor site(s), the “Blog”).

1. Acceptance of Terms. We make the Blog available subject to this Agreement. By accessing or using the Blog, you agree to the terms of this Agreement. If you do not agree to this Agreement, you may not access or use the Blog. We may update or make changes to this Agreement from time to time and we may provide you notice of these changes by any reasonable means, including by posting the revised version of this Agreement on the Blog. You can determine when we last updated this Agreement by referring to the “LAST UPDATED” legend at the top of this Agreement. Accessing or using the Blog following changes to this Agreement will constitute your acceptance of those changes. When accessing or using the Blog, you are also subject to any additional posted guidelines, rules, terms and conditions applicable to the Blog or any particular content or functionality available through the Blog, which additional guidelines, rules, terms and conditions are hereby incorporated by reference into this Agreement.

2. Jurisdictional Issues. The Blog is controlled and operated from the United States, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than those of the United States. We do not represent or warrant that the Blog or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access and use the Blog, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the Blog’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

3. No Legal Advice or Attorney-Client Relationship. WHILE THE INFORMATION ON THE BLOG CONCERNS LEGAL ISSUES, IT IS NOT LEGAL ADVICE. MOREOVER, USE OF THE BLOG IS NOT INTENDED TO CONSTITUTE, AND DOES NOT CONSTITUTE, A SOLICITATION FOR THE FORMATION OF AN ATTORNEY-CLIENT RELATIONSHIP; AND NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED THROUGH YOUR USE OF THE BLOG. NEITHER YOUR RECEIPT OF INFORMATION AVAILABLE THROUGH THE BLOG NOR ANY E-MAIL OR OTHER COMMUNICATION THAT YOU SEND TO US OR POST TO THE BLOG WILL CREATE AN ATTORNEY-CLIENT RELATIONSHIP, AND NO SUCH E-MAIL OR COMMUNICATION WILL BE TREATED AS CONFIDENTIAL. YOU SHOULD NOT ACT OR REFRAIN FROM ACTING ON THE BASIS OF INFORMATION AVAILABLE THROUGH THE BLOG WITHOUT SEEKING ADVICE OF COUNSEL IN THE RELEVANT JURISDICTION. WE AND OUR AFFILIATED AND ASSOCIATED ENTITIES, AND OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, “AFFILIATED ENTITIES”) EXPRESSLY DISCLAIM ALL LIABILITY WITH RESPECT TO ACTIONS TAKEN OR NOT TAKEN BASED UPON ANY INFORMATION AVAILABLE THROUGH THE BLOG. ANY VIEWS EXPRESSED IN CONNECTION WITH THE BLOG SHALL NOT BE ATTRIBUTED TO MORRISON & FOERSTER AND ITS AFFILIATED ENTITIES, AND ITS AND THEIR ATTORNEYS AND CLIENTS.

4. Privacy Policy. Your submission of information to or through the Blog is governed by the Private Surgeon General Class Action Defender Privacy Policy, which is located at www.privatesurgeongeneral.com/privacy-policy/ (the “Privacy Policy”). You represent and warrant that any information you provide in connection with your use of the Blog is and will remain true, accurate, and complete, and that you will maintain and update such information regularly. You understand that providing any information that is false, inaccurate, obsolete or incomplete may result in termination of your access to and use of the Blog.

5. Rules of Conduct. While using the Blog you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Blog to respect the rights and dignity of others. Your use of the Blog is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to and use of the Blog. You agree that you will not:

  • Post, transmit, or otherwise make available, through or in connection with the Blog:
  • Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
  • Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
  • Any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
  • Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
  • Any material, non-public information about a company without the proper authorization to do so.
  • Use the Blog for any fraudulent or unlawful purpose.
  • Use the Blog to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Blog.
  • Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with us or the Blog or any other person or entity in connection with the Blog; or express or imply that we endorse any statement you make.
  • Interfere with or disrupt the operation of the Blog or the servers or networks used to make the Blog available; or violate any requirements, procedures, policies or regulations of such networks.
  • Restrict or inhibit any other person from using the Blog (including by hacking or defacing any portion of the Blog).
  • Use the Blog to advertise or offer to sell or buy any goods or services without our express prior written consent.
  • Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Blog
  • Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Blog.
  • Remove any copyright, trademark or other proprietary rights notice from the Blog or materials originating from the Blog.
  • Frame or mirror any part of the Blog without our express prior written consent.
  • Systematically download or store Blog content.
  • Use any robot, spider, search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Blog content or reproduce or circumvent the navigational structure or presentation of the Blog without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the Blog for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.

6. Accuracy of Information.We attempt to ensure that information on the Blog is complete, accurate and current. Despite our efforts, the information on the Blog may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Blog.

7. Registration; User Names and Passwords. You may be required to register with the Blog in order to access certain functionality or areas of the Blog. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. Your user name and password are for your personal use only. You are responsible for maintaining the confidentiality of your password and must not transfer your password or user name, or lend or otherwise transfer your use of or access to the Blog, to any third party. You are responsible for all interaction with the Blog that occurs in connection with your password or user name. You must immediately notify us of any unauthorized use of your password or user name or any other breach of security related to your account or the Blog, and to ensure that you “log off”/exit from your account with the Blog (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. Users under the age of 13 are not permitted to register with the Blog. Please do not register with the Blog if you are under 13 years of age. By registering with the Blog, you affirm that you are over the age of 13.

8. Changes to the Blog. We may, at any time and with or without notice, temporarily or permanently modify, suspend or discontinue the Blog in whole or in part; charge fees in connection with the use of the Blog; modify and/or waive any fees charged in connection with the Blog; and/or offer opportunities to some or all users of the Blog.. You agree that we are not liable to you or to any third party for any modification, suspension or discontinuance of the Blog, or of any content, feature or service offered through the Blog. Your continued use of the Blog after such changes will indicate your acceptance of such changes.

9. Submissions. You retain ownership of any intellectual property rights that you may possess in any information, content and/or materials that you submit to or through the Blog (each, a “Submission”). Please note, however, that we need certain rights to your Submissions to be able to make them available on the Blog. Accordingly, you hereby grant to us a worldwide, non-exclusive, transferable, sublicenseable (through multiple tiers), royalty-free, perpetual, irrevocable right and license, without compensation to you: to use, reproduce, distribute, adapt (including to edit, modify, translate and reformat), create derivative works of, transmit, publicly display and publicly perform such Submissions, in any media now known or hereafter developed. This license is non-exclusive (so you can license your Submissions to others), worldwide (as the Internet is global in its reach), fully-paid up and royalty-free (so that we do not have to pay you for posting your Submissions), sublicenseable through multiple tiers (so that we can use our service providers and subcontractors to provide Services).

For each Submission, you represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that such Submission complies with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. We require this waiver to help ensure that we have all the rights we may need to provide the Services available through the Blog. We may determine in our sole discretion whether or not to exercise any right granted to us under this Agreement, and we will have no obligation to (a) use or otherwise exploit any Submission or (b) include any Submission on the Blog or in any other materials.

If you make any comments or suggestions to us or any Affiliated Entity with respect to the Blog or any services that we or any Affiliates Entities provide (“Feedback”), then, notwithstanding anything herein to the contrary, you hereby assign and agree to assign to us all right, title and interest in and to the Feedback.

10. Monitoring. We reserve the right (but have no obligation) to do any or all of the following, at our discretion: (a) monitor Submissions; (b) alter, remove, or refuse to post or allow to be posted any Submission; and (c) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Blog; to protect Morrison & Foerster, the Affiliated Entities and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers, and the Blog’s users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose.

11. Our Proprietary Rights. The information, content and materials made available through the Blog are and will remain the property of Morrison & Foerster and its licensors and suppliers, and are protected by copyright, trademark, patent and other proprietary rights and laws. Subject to your compliance with this Agreement, you may access and use the Blog unless and until we terminate your use or access. Except as expressly authorized in advance by us in writing, you may not reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based (in whole or in part) on all or any part of the Blog or any information, content or materials made available through the Blog.

Trade names, trademarks and service marks of Morrison & Foerster and Affiliated Entities include Private Surgeon General Class Action Defender, MORRISON & FOERSTER, MOFO, MOFO.COM, MOFO TECH, and VIP and any associated trademarks, service marks, trade names and logos. All trademarks, service marks, trade names and logos on the Blog not owned by us are the property of their respective owners. You may not use any of our trademarks, service marks, trade names or logos in connection with any product or service that is not ours or in any manner that is likely to cause confusion. Nothing contained on the Blog should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trademarks, service marks, trade names or logos.

12. Links. The Blog may provide links to other websites, blogs, and online resources. Because we have no control over such sites, blogs and resources, you acknowledge and agree that Morrison & Foerster and the Affiliated Entities are not responsible for the availability of such sites, blogs and resources, and Morrison & Foerster and the Affiliated Entities neither endorse nor are responsible or liable for any content, information, advertising, products or other materials on or available through such sites, blogs and resources. Other websites may have provided links to the Blog with or without our authorization. You acknowledge and agree that Morrison & Foerster and the Affiliated Entities do not endorse such sites, and are not and will not be responsible or liable for any links from those sites to the Blog, any content, information, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection with any of the foregoing.

YOUR USE OF THIRD-PARTY WEBSITES, BLOGS AND RESOURCES, INCLUDING YOUR USE OF ANY CONTENT, INFORMATION, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES, BLOGS AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

We will have the right, at any time and in our sole discretion, to block links to the Blog through technological or other means with or without prior notice.

13. Disclaimer of Warranties. THE BLOG AND ANY INFORMATION, CONTENT, AND MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE BLOG ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE BLOG, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, CONTENT, AND MATERIALS AVAILABLE THROUGH THE BLOG. MORRISON & FOERSTER AND THE AFFILIATED ENTITIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE BLOG AND ANY INFORMATION, CONTENT, AND MATERIALS AVAILABLE THROUGH THE BLOG, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.

14. LIMITATION OF LIABILITY. MORRISON & FOERSTER AND THE AFFILIATED ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE BLOG, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, MORRISON & FOERSTER AND THE AFFILIATED ENTITIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE BLOG OR FROM ANY INFORMATION, CONTENT, OR MATERIALS BY US OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE BLOG IS TO STOP USING THE BLOG. THE MAXIMUM LIABILITY OF MORRISON & FOERSTER AND THE AFFILIATED ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, WILL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO MORRISON & FOERSTER TO ACCESS AND USE THE BLOG.

While we try to maintain the integrity and security of the Blog and the servers from which the Blog is operated, we do not guarantee that the Blog will be or remain secure, complete or correct, or that access to the Blog will be uninterrupted. The Blog may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Blog. If you become aware of any unauthorized third-party alteration to the Blog, contact us at mofonews@mofo.com with a description of the material(s) at issue and the URL or location on the Blog where such material(s) appear.

15. Indemnity. You agree to defend, indemnify and hold harmless Morrison & Foerster and the Affiliated Entities from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Blog; or (b) any violation or alleged violation of this Agreement by you.

16. Termination. We, in our sole discretion, may terminate your access to or use of the Blog, at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to access and use the Blog will immediately cease and the other provisions of this Agreement will continue and survive. You agree that any termination of your access to or use of the Blog may be effected without prior notice, and that we may immediately deactivate or delete your password and user name (if any), and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Morrison & Foerster and the Affiliated Entities will not be liable to you or any third party for any termination of your access to or use of the Blog or to any such information or files, and will not be required to make such information or files available to you after any such termination.

17. Governing Law; Jurisdiction. This Agreement is governed by and will be construed in accordance with the laws of the State of California, U.S.A., without regard to its principles of conflicts of law. You agree to exclusive jurisdiction of the federal and state courts located in San Francisco, California, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.

18. Contact Us. If you have any questions regarding the Blog, please direct such questions to mofonews@mofo.com. Please note that e-mail communications will not necessarily be secure; accordingly you should not include any confidential or sensitive information in your e-mail correspondence with us.

19. Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two websites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such sites.

20. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Blog, please send an e-mail to mofonews@mofo.com. You may also contact us by writing to Marketing Department, Morrison & Foerster LLP, 425 Market Street, San Francisco, California, 94105, or by calling us at (415) 268-7000. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

21. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Blog infringe your copyright, you (or your agent) may send Morrison & Foerster a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Morrison & Foerster a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: Doug Hendricks, 425 Market Street, San Francisco, CA 94105, (415) 268-7000 (office), (415) 276-7037 (fax), DHendricks@mofo.com.

We suggest that you consult your legal advisor before filing a notice or counter-notice.

22. Ability to Enter Into This Agreement. By using the Blog, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement.

23. Miscellaneous. This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Morrison & Foerster. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and Morrison & Foerster relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Morrison & Foerster relating to such subject matter. Notices to you may be made via posting to the Blog, by e-mail, or by regular mail, in our discretion. The Blog may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Morrison & Foerster will not be responsible for failures to fulfill any obligations due to causes beyond its control.

Blog © 2012 Morrison & Foerster LLP unless otherwise noted. All rights reserved.