FLEX by Fenwick Copyright Policy
FLEX BY FENWICK COPYRIGHT POLICY
Notification of Copyright Infringement:
Fenwick and West LLP ("Fenwick") respects the intellectual property rights of others and expects its users to do the same.
It is Fenwick's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or
are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Fenwick will respond expeditiously to claims of copyright infringement committed using the
Flex by Fenwick website (the "Site") that are reported to Fenwick's Designated Copyright Agent, identified in the sample notice
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report
alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to
Fenwick's Designated Copyright Agent. Upon receipt of the Notice as described below, Fenwick will take whatever action, in its sole discretion, it deems
appropriate, including removal of the challenged material from the Site.
DMCA Notice of Alleged Infringement ("Notice")
1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a
representative list of the copyrighted works that you claim have been infringed.
2. Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to
be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on
the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be
removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum,
if applicable, the URL of the link shown on the Site where such reference or link may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not
authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner of the copyright that is allegedly
infringed, or authorized to act on behalf of the owner of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Fenwick's Designated Copyright Agent:
Copyright Agent - Alexandra Smith
c/o Fenwick and West LLP
555 California St.
San Francisco, CA 94104
Effective October 1, 2010
As used in this policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or
other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using,
combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
Information Collection and Use
Our primary goals in collecting information are to collect information from visitors to the Site interested in the FLEX by Fenwick service and provide and
improve our Site and content (together, the "Service") and to enable users to enjoy and easily navigate the Site.
Personally Identifiable Information
When you select the "Contact Us" link or button on the Site, we will ask you for personally identifiable information. This refers to information about
you that can be used to contact or identify you ("Personal Information"). Personal Information includes, but is not limited
to, your name, phone number, and email address. We use your Personal Information mainly to provide the Service and administer your inquiries.
If you are an attorney visiting the Site and are interested in applying for a position as a FLEX by Fenwick attorney, we will ask you for Personal
Information when you submit your resume to Fenwick at email@example.com.
We also collect other information (e.g., without limitation, your company (on its own)) (" Non-Identifying Information").
We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service and administer
Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example,
combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are
considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing
preferences). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other visitors
to the Site to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our
Site and Service are used.
We also use your Personal Information to contact you with Fenwick newsletters, marketing or promotional materials and other information that may be of
interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions
provided in any of the communications or contact us at firstname.lastname@example.org. (See " Changing or Deleting Information," below.)
When you visit the Site, our servers automatically record information that your browser sends whenever you visit a website ( "Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, pages of our Site
that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. We use this
information to monitor and analyze use of the Site and the Service and for the Site's technical administration, to increase our Site's functionality and
user-friendliness, and to better tailor it to our visitors' needs. We also use this information to verify that visitors to the Site meet the criteria
required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we
may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.
Like many websites, we use "cookies" to collect information. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping
purposes. We utilize session ID cookies to enable certain features of the Site, to better understand how you interact with the Site and to monitor
aggregate usage visitors to the Site and web traffic routing on the Site. Session cookies are deleted from your computer when you log off from the Site and
Service and then close your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a
cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the
Identity theft and the practice currently known as "phishing" are of great concern to Fenwick. Safeguarding information to help protect you from identity
theft is a top priority. We do not and will not, at any time, request your credit card information or national identification numbers in a non-secure or
unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission's website.
Information Sharing and Disclosure
. We may share your Personal Information with attorneys who are part of the FLEX by Fenwick service. We may share your Person Information with FLEX
attorneys in connection with finding a FLEX by Fenwick attorney to meet your needs.
Aggregate Information and Non-Identifying Information
. We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data
with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain
your Personal Information.
. We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site-related services ( e.g., without limitation, maintenance services, database management, web analytics and improvement of the Site's features) or to assist us in
analyzing how our Site and Service are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are
obligated not to disclose or use it for any other purpose.
Compliance with Laws and Law Enforcement
. Fenwick cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information
about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to
claims and legal process (including but not limited to subpoenas), to protect the property and rights of Fenwick or a third party, to protect the safety of
the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable
. Fenwick may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition,
reorganization or sale of assets or in the event of bankruptcy.
Changing or Deleting Your Information
All visitors to the Site who provide Personal Information may review, update, correct or delete the Personal Information provided to Fenwick by contacting
us. If you would like us to delete your record in our system, please contact us at email@example.com with a request that we delete your Personal Information from our database. We
will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored
"personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site in the most
expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures
necessary to determine the scope of the breach and restore the reasonable integrity of the data system
Your information may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction
where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide
submission of such information represents your agreement to that transfer.
Links to Other Websites
Our Site contain links to other websites. If you click on a third party link, you will be directed to that third party's website. The fact that we link to
a website is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or
information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other
files on your computer, collect data or solicit personal information from you. Other websites follow different rules regarding the use or disclosure of the
personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
Our Policy Toward Children
The Site are not directed to children under 13. We do not knowingly collect personally identifiable information from children under 13. If a parent or
guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at
firstname.lastname@example.org. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.
Last Updated Date: October 1, 2010
Fenwick & West LLP ("Fenwick" or "we") offers a service to clients to provide clients access to
experienced attorneys for temporary part- or full-time projects ("FLEX") and provides information for corporate entities,
individuals and attorneys interested in FLEX through our website, accessible at http://flex.fenwick.com and www.flexbyfenwick.com (the "Site"). Please read carefully the following terms and
Terms govern your access to and use of the Site, and except as otherwise provided in these Terms, all text, graphics, images, information or other
materials available through the Site ("Content"), and constitute a binding legal agreement between you and Fenwick.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS,
WHETHER OR NOT YOU PROVIDE ANY INFORMATION TO FENWICK. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR CONTENT. If
you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company
or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Fenwick reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or FLEX, or to modify these Terms, at any time and without
prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the
"Last Updated Date" at the top of the homepage of the Site. By continuing to access or use the Site after we have posted a modification on the Site or have
provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable
to you, your only recourse is to cease using the Site.
The Site is intended solely for persons who are 18 or older. Any access to or use of the Site by anyone under 18 is expressly prohibited. By accessing or
using the Site you represent and warrant that you are 18 or older.
of your personal information.
The Site and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Fenwick and its licensors
exclusively own all right, title and interest in and to the Site and Content, including all associated intellectual property rights. You will not remove,
alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or Content.
Subject to your compliance with the terms and conditions of these Terms, Fenwick grants you a limited, non-exclusive, non-transferable license, without the
right to sublicense, to access and view Content solely for your non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works
based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site or Content,
except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights
owned or controlled by Fenwick or its licensors, except for the licenses and rights expressly granted in these Terms.
You may submit text, information or other materials to us through the Site ("User Content"). By submitting such User Content to
us, you hereby grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use,
copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User
Content only on, through or by means of the Site. We do not claim any ownership rights in any such User Content and nothing in these Terms will be deemed
to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content. Accordingly, you represent and warrant that: (i) you either are the sole
and exclusive owner of all User Content that you make available through the Site or you have all rights, licenses, consents and releases that are necessary
to grant to us the rights in such User Content, as contemplated under these Terms; and (ii) the User Content will not infringe, misappropriate or violate a
third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result
in the violation of any applicable law or regulation.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site ("Feedback"). You may
submit Feedback by emailing us at email@example.com. You acknowledge and agree that all Feedback
will be the sole and exclusive property of Fenwick and you hereby irrevocably assign to Fenwick and agree to irrevocably assign to Fenwick all of your
right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and
other proprietary or intellectual property rights therein. At Fenwick's request and expense, you will execute documents and take such further acts as
Fenwick may reasonably request to assist Fenwick to acquire, perfect, and maintain its intellectual property rights and other legal protections for the
You agree not to do any of the following:
Submit or transmit any text, information or other material that: (i) infringes, misappropriates or violates a third party's patent, copyright,
trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any
conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or
deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm
against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii)
promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Site, or any individual element within the Site, Fenwick's name, any Fenwick trademark, logo or other proprietary
information, or the layout and design of any page or form contained on a page, without Fenwick's express written consent;
Access, tamper with, or use non-public areas of the Site, Fenwick's computer systems, or the technical delivery systems of Fenwick's providers;
Attempt to probe, scan, or test the vulnerability of any Fenwick system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Fenwick or any of Fenwick's
providers or any other third party (including another user) to protect the Site or Content;
Attempt to access or search the Site or Content or download Content from the Site through the use of any engine, software, tool, agent, device or
mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Fenwick or
other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Fenwick trademark, logo URL or product name without Fenwick's express written consent;
Use the Site or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Content to send
altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading,
flooding, spamming, or mail-bombing the Site;
Collect or store any personally identifiable information from the Site from other users of the Site without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Fenwick will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Fenwick may involve and cooperate
with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Fenwick has no obligation to monitor your access to or
use of the Site or Content , but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms, or to comply
with applicable law or the order or requirement of a court, administrative agency or other governmental body. Fenwick reserves the right, at any time and
without prior notice, to remove or disable access to any Content, including User Content, that Fenwick, at its sole discretion, considers to be in
violation of these Terms or otherwise harmful to the Site.
Fenwick respects copyright law and expects its users to do the same. Fenwick has adopted and implemented a policy that provides for the termination in
appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of
copyright holders. Please see Fenwick's Copyright Policy above for further information.
The Site may contain links to third-party website or resources. You acknowledge and agree that Fenwick is not responsible or liable for: (i) the
availability or accuracy of such website or resources; or (ii) the content, products, or services on or available from such website or resources. Links to
such website or resources do not imply any endorsement by Fenwick of such website or resources or the content, products, or services available from such
website or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such website or resources.
Termination and Cancellation
If you breach any of these Terms, Fenwick will have the right to terminate these Terms without prior notice to you. Fenwick reserves the right to revoke
your access to and use of the Site and Content at any time, with or without cause.
THE SITE AND CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FENWICK EXPLICITLY
DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF
COURSE OF DEALING OR USAGE OF TRADE. FENWICK MAKES NO WARRANTY THAT THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED,
SECURE, OR ERROR-FREE BASIS. FENWICK MAKES NO WARRANTY REGARDING THE QUALITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR THE ACCURACY, TIMELINESS,
TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FENWICK OR THROUGH THE SITE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE
You agree to defend, indemnify, and hold Fenwick, its officers, directors, employees and agents, harmless from and against any claims, liabilities,
damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access
to or use of the Site or Content, or your violation of these Terms.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND CONTENT
REMAINS WITH YOU. NEITHER FENWICK NOR ANY OTHER party involved in creating, producing, or delivering the Site or Content will be liable for any incidental,
special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM
FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, arising ouT of or in connection with thESE TERMS or from the use OF or inability to use the SITE OR
CONTENT, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not FENWICK has been
informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
In no event will FENWICK'S aggregate liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR CONTENT
EXCEED FIFTY DOLLARS ($50). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FENWICK AND YOU. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Fenwick used herein are trademarks or registered trademarks of
Fenwick. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of
their respective parties.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The
exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the
Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms constitute the entire and exclusive understanding and agreement between Fenwick and you regarding the Site and Content, and these Terms
supersede and replace any and all prior oral or written understandings or agreements between Fenwick and you regarding the Site and Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Fenwick's prior written consent. Any attempt by you to assign or
transfer these Terms, without such consent, will be null and of no effect. Fenwick may assign or transfer these Terms, at its sole discretion, without
restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given:
(i) by Fenwick via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt
will be deemed the date on which such notice is transmitted.
The failure of Fenwick to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The
waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Fenwick. Except as expressly
set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these
Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be
enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact Fenwick at firstname.lastname@example.org.