Legal Terms and Conditions of Use

The following Terms and Conditions (“Terms”) govern the use of Robbins Geller Rudman & Dowd LLP’s (“Robbins Geller”) extranet service (“extranet”).  Robbins Geller provides the extranet to facilitate legal work for you, our client (“you” or “your”). These Terms also apply to any of your employees or agents who use and/or have access to the extranet without regard to whether such user gains access from your place of business, a user’s home, or any other location.

By using Robbins Geller’s extranet, you agree to be bound by all of the Terms set forth below and agree to cause each of your agents or employees with access to the extranet to be bound by all such Terms. Your use of the extranet shall indicate your acceptance of these Terms. Robbins Geller may, in its sole discretion, change these Terms from time to time as circumstances warrant. Your use of the extranet after receiving notice of such changed Terms shall constitute your acceptance of those terms.

Robbins Geller has the right, but not the obligation, to take the following action(s) in its sole discretion at any time and for any reason:

1.  Establish general practices and limits concerning use of the extranet.

2.  Restrict, suspend or terminate your access to all or any part of the extranet.

3.  Change, suspend or discontinue all or any part of the extranet.

4.  Refuse, move or remove any material submitted to the extranet.

5.  Refuse, move or remove any content that is available on the extranet.

I. APPLICABLE PRIVILEGES

Attorney-Client Privilege

Certain communications between clients and their attorneys are protected by the attorney-client privilege. Robbins Geller intends for all communications via the extranet to have the fullest and broadest protections available pursuant to the attorney-client privilege. Consequently, you should not share documents or other information extracted from the extranet with third parties, or access such confidential information in a public forum, or take any other action that could waive the attorney-client privilege with respect to information or documents on the extranet.

Attorney Work Product Privilege

Certain documents included herein may constitute Attorney Work Product. As such, you should not share such documents or information with third parties.

II. PURPOSES

You agree to use the extranet for internal legal and business purposes only and not for any commercial use. None of the information extracted from the extranet may be used to further an interest distinct from your or Robbins Geller’s internal legal or business interests.

III. SECURITY

Access to the extranet provided to Robbins Geller clients is for that respective client only. You agree to protect passwords or other extranet authentication, which will be supplied by Robbins Geller. You may not provide third parties with access to the extranet, i.e., sharing passwords or other extranet authentication. You will not access or attempt to access, view, modify, copy, or disclose any files or data for which you do not have specific permission from Robbins Geller. You will report any unauthorized use of the extranet to Robbins Geller. You agree to comply with reasonable requests from Robbins Geller necessary to maintain the security of the extranet and its content.

IV. LIMITATION OF LIABILITY

Robbins Geller has measures in place to maintain the security of the extranet and its content. As an internet-based system, however, the extranet may be subject to viruses or unauthorized access. While Robbins Geller attempts to reduce the risk associated with the extranet, access and use of the extranet is at your own risk.

Robbins Geller does not warrant that the extranet will operate error-free or that it or any of Robbins Geller’s servers are completely free from computer viruses, contamination, or other harmful or destructive features. If your use of the extranet results in any costs or expenses, including, without limitation, the need for servicing or replacing equipment or data, Robbins Geller shall not be responsible for those costs or expenses.

While the extranet is a special service provided to Robbins Geller’s clients, the underlying software is licensed from a company distinct and separate from Robbins Geller. As such, Robbins Geller acts as a medium, and in any sense that Robbins Geller actually “provides” the extranet for your use, it is provided on an “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS” basis, without any warranties of any kind.

Robbins Geller, to the fullest extent permitted by law, DISCLAIMS ALL WARRANTIES, including, without limitation, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

Without limiting the foregoing, Robbins Geller makes no warranties as to the availability or recoverability of data, information, documents, or any other records stored on or submitted to the extranet and makes no warranty that the extranet will meet your requirements, that it will be uninterrupted, timely, service or error free, that any materials you obtain from the extranet will meet your expectations or that any errors will be corrected.

V. PROTECTION OF SOFTWARE AND TECHNOLOGY

You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying the extranet in any manner or form or to use modified versions of such software, including, without limitation, for the purpose of obtaining unauthorized access to the extranet. You agree not to access or attempt to access the extranet by any means other than through the interface provided by Robbins Geller.

VI. LIMITATION OF DAMAGES

In no event shall Robbins Geller be liable for any damages whatsoever (including, but not limited to, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES (including lost profits, opportunity costs, or damages resulting from business interruption or lost data)), arising from, relating to, or resulting from your use of, or inability to use, the extranet, whether such claim is based on contract, tort (including negligence), warranty, strict liability, or any other legal theory, and whether or not Robbins Geller is advised of the possibility of such damages.

VII. CHOICE OF LAW

The Terms shall be governed, interpreted, construed, and enforced under the internal laws of the State of California exclusive of its conflict of law provisions. Any claim or controversy arising out of or relating to these Terms or the use or lack of access to the extranet shall be settled by final and binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be held in San Diego, California. Either you or Robbins Geller may seek interim or preliminary relief from a court of competent jurisdiction in San Diego, California, necessary to protect the rights or the property of you or Robbins Geller pending initiation and/or completion of arbitration. Provided, however, that regardless of any law or statute to the contrary, any claim or cause of action arising out of or related to use of the extranet, the inability to use the extranet or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

VIII. SURVIVAL

Upon termination of your access to the extranet, in addition to any survival rights which may be expressly provided for herein, any provisions in these Terms which expressly or by implication are to be in effect after such termination also shall survive termination. All such provisions shall be binding for such period of time as may reasonably be required in order to give full effect to the intended application of such provision.

IX. PRIVACY POLICY

Robbins Geller reserves the right to change this policy at any time by posting a new privacy policy at this location.

Robbins Geller takes appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data.

Any information you submit to Robbins Geller will only be used for the specific purpose for which it was submitted.

Robbins Geller does not collect personal information from you except in the following instances:

•           Information your web browser software may automatically provide to Robbins Geller web servers, such as the address of the website you linked from, the identity of your Internet Service Provider and the type and version of the browser you are using;

•           Information you provide to Robbins Geller in an e-mail message or attachment; and

•           Information you provide to Robbins Geller in a form on its website.

Robbins Geller may share personal information that you provide to it with firm employees, contractors, or agents Robbins Geller employs in the regular course of its business. Robbins Geller may also share personal information if it has a good faith belief that access, use, preservation, or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process or enforceable governmental request.

A “cookie” is a small electronic file that may be written to your hard drive by a website you are visiting. Robbins Geller’s extranet uses cookies. The cookie contains a short unique alphanumeric string so that Robbins Geller may recognize a specific user and personalize the site for its users. No personal information is contained in Robbins Geller’s cookies. If you prefer not to receive cookies, you can change your browser settings to turn off the use of cookies. If you choose to turn off cookies, it is possible that some areas of the website will not function properly. Please refer to the Help function of your browser for specific information on how to enable or disable cookies.

X. MISCELLANEOUS

The failure of Robbins Geller to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against Robbins Geller unless made in writing and signed by Robbins Geller, and no such waiver shall be construed as a waiver in any other or subsequent instance. These Terms constitute the final and entire agreement between you and Robbins Geller with respect to the subject matter and supersede all previous or contemporaneous agreements or understandings, written or oral, between you and Robbins Geller with respect to the subject matter.