Littler Mendelson P.C. ("Littler") provides this website (the "Site") subject to your compliance with the terms and conditions set forth in these Terms of Use.  By using the Site, you agree to be bound by these Terms of Use.  If you do not agree to these Terms of Use, you must not use the Site.  Littler may at any time, in its sole discretion, revise or otherwise update these Terms of Use by posting amended Terms of Use on the Site, and unless otherwise mentioned, any changes will be effective immediately upon posting.  Your use of the Site following the posting of updated Terms of Use constitutes acceptance of those terms.  Further, Littler reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice, as set forth below.

  1. 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 lawyer in your jurisdiction.

    No attorney-client relationship is created between you and Littler because of your use of the Site or your receipt of the Materials.  Littler accepts clients only in accordance with certain formal procedures, and renders legal advice only after completion of those procedures.  Littler 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, Littler's attorneys do not seek to practice law in states, territories or foreign countries where they are not properly authorized to do so.

  2. No Automatic Attorney-Client Relationship

    Littler 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.  Unless you are already a client of Littler’s, no attorney-client relationship is created between you and Littler by virtue of your initial or continued use of this Site, including your submission of any unsolicited email or other communication or information to Littler via this Site.  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 Policy.

  3. No Advertisement

    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.

  4. Intellectual Property Rights

    1. Ownership

      All content, text, images, graphics, data, information, and other material displayed on the Site, as well as the original selection, arrangement, and presentation of such material displayed, available or present on this Site (“Content”), and all intellectual property rights in such Content (including without limitation trademarks and copyrights) (hereinafter “Intellectual Property Rights”), are the sole property of Littler, 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 Littler or its licensors and is protected by copyright, trademark, and other proprietary rights and laws unless otherwise noted and may not be used without Littler’s written permission, except as otherwise provided in these Terms of Use.  All Marks on the Site that are not owned by Littler are the property of their respective owners.  Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any of the Marks without Littler's prior express written permission.

    2. 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 Terms of Use and applicable laws.  Except as may otherwise be expressly authorized by these Terms of Use, 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 Littler’s prior written permission.  If this Site permits the emailing or sharing of certain Content or a link through the use of an “email” (or similar) icon or a share this using Facebook, Twitter, LinkedIn, or Google+ option, you may send that particular Content or link to others as indicated.  You agree not to and not to assist any third party, including Facebook, Twitter, LinkedIn, or Google+, to infringe upon any of Littler’s Intellectual Property Rights or remove or modify related proprietary notices contained in this Site, the Materials or the Content.

    3. User Content

      As further described in our Site’s Privacy Policy, any Content that you submit to or through this Site (“User Content”) will be deemed non-confidential and may be disclosed through this Site to third parties on a worldwide basis, including for browsing, downloading, printing and other uses by such third parties.  You agree not to submit User Content via this Site except for Content that is fully authorized for purposes of this Site and these Terms of Use, and you will not infringe upon any person’s privacy or intellectual property rights in connection with such submissions.  It is your obligation to determine the extent to which User Content you submit is protected by applicable privacy or intellectual property laws.  You agree that Littler shall have, and hereby grant to Littler, a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to or use, in any form or media, any User Content that you submit to this Site or to us. Littler does not endorse any User Content, or third party product or service that may appear on this Site. Nothing in these Terms of Use shall obligate Littler to use any User Content you submit or permit the posting of such Content on this Site.

    4. Registration and Passwords

      At times, we may or may not require you to have a password and provide authentication details to access this Site or portions of this Site. If we do require a password and other authentication 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 to refuse to issue a password to any person or entity.

    5. Compliance With the Digital Millennium Copyright Act

      Littler respects the rights of all copyright holders, and it is Littler’s policy to respond to notices of alleged copyright infringement in compliance with the Digital Millennium Copyright Act and other applicable laws.  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:

      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      2. 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;
      3. 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;
      4. Information reasonably sufficient to permit us to contact the complaining party;
      5. 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;
      6. 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 Littler’s Copyright Agent as follows:

      Copyright Agent
      Kavya Mohankumar
      333 Bush Street, 34th Floor
      San Francisco, CA 94014
      Email: KMohankumar@littler.com

  5. Warranty Disclaimers

    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.  LITTLER, 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.

  6. Limitations on Liability and Remedies

    EXCEPT IN SITUATIONS WHERE AN ATTORNEY-CLIENT RELATIONSHIP EXISTS BETWEEN YOU AND LITTLER, LITTLER’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH LITTLER AND OR ITS AFFILIATES (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SITE) IS TO DISCONTINUE YOUR USE OF THE SITE.  LITTLER, 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 LITTLER.  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 LITTLER 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 LITTLER’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 LITTLER WILL BE LIMITED TO, IN THE SOLE DISCRETION OF LITTLER, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK, OR (2) REFUND OF ANY FEES FOR THIS SITE RECEIVED BY LITTLER FROM YOU.

  7. Indemnification

    Except in situations where an attorney-client relationship exists between you and Littler, You agree to defend, indemnify and hold harmless Littler, 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, User Content, improper or unauthorized use of the Materials or Content, breach of these Terms of Use, infringement of any privacy obligations, Intellectual Property Rights or other proprietary rights, or dealings or transactions with other persons resulting from your use of this Site.

  8. Dispute Resolution; Applicable Law and Forum

    With respect to any and all disputes arising form or in connection with this Site or these Terms of Use (including without limitation the Privacy Policy), Littler and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another to achieve a mutually satisfactory resolution.  These Terms of Use shall be governed by the laws of the State of California.  Except as specifically provided in this Agreement or in any other agreement between Littler and you that supersedes these Terms of Use, Littler and you agree that any dispute or controversy arising out of, relating to or in connection with this Site shall be submitted to binding arbitration to be held in San Francisco, California in accordance with the rules of the American Arbitration Association.  A single arbitrator will make a determination and render an award within thirty (30) days of the close of evidence in such arbitration proceeding but will have no authority to award costs or punitive damages unless the Parties so agree in writing.  The Parties waive right to jury trial and agree that the arbitration award will be final and binding and that judgment will be entered thereon in any court of competent jurisdiction.  Notwithstanding the foregoing, any Party may seek immediate judicial intervention to prevent any unauthorized use or disclosure of the Confidential or Proprietary Information of the Party (or those to whom it owes a duty of confidentiality) bringing any such action.  The failure of Littler to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

  9. 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 Terms of Use.  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 Terms of Use regarding any use of this Site, unless otherwise expressly stated.

  10. Privacy Statement

    Littler is concerned about privacy and has developed a policy to address privacy concerns. You can find the current privacy policy at Privacy Policy (the “Privacy Policy”). The Privacy Policy is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use. Please read Littler’s Privacy Policy to better understand what information we collect from you and how we use your information. By using this Site you are consenting to the terms of Littler’s Privacy Policy.

  11. Miscellaneous

    The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.  Neither the course of conduct between you and Littler, nor trade practice, shall act to modify any provision of these Terms of Use.  These Terms of Use are not assignable, transferable or sub-licensable by you. Except in situations where an attorney-client relationship exists between you and Littler, these Terms of Use comprise the entire and exclusive agreement between you and Littler with respect to your use of the Site and Materials, superseding any prior agreements or negotiations between you and Littler with respect to your use of the Site.

    1. Linking

      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 Littler via email at info@littler.com.  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 Littler relating thereto.  Please use an official Littler Web banner when linking to this Site.  You may use such Web banner solely in connection with the link unless and until Littler gives notice that you must stop using the Web banner and/or discontinue linking to this Site.

    2. Authority of Website Administrator

      Littler may in its discretion modify, edit, translate, suspend, restrict access to or terminate this Site, these Terms of Use, the Content, the Materials or any other link at any time without liability or prior notice.  Littler 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 Terms of Use.

    3. Good Samaritan Policy

      It is Littler’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 Littler any contractual obligation to undertake, or refrain from undertaking, any particular course of conduct, or to monitor the Site.  If you believe that someone has violated this policy, we ask you to promptly notify us by email at info@littler.com.

    4. Import/Export Control

      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.

  12. Your Obligations

    1. Compliance

      You agree to comply with the conditions in these Terms of Use and all applicable laws in connection with your use of this Site.

    2. 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 Littler.

    3. 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 Littler with a virus or other malicious computer program.  You will only use this Site for the permitted purposes stated in these Terms of Use 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, Littler reserves the right to release your details to system administrators at other sites and law enforcement authorities to assist them in resolving security incidents.

    4. Your Cooperation and Notification

      You agree to cooperate with all reasonable requests of Littler and will notify us promptly upon learning of any actual or suspected breach of these Terms of Use by you or any unauthorized use or abuse of this Site. 

  13. Third Party Sites and Other Information

    This Site may contain Content, links and other information submitted by third parties over whom Littler has no control or responsibility, as well as translations thereof that we may arrange.  These third party sites are not under our control, and you acknowledge that (whether or not such sites are affiliated in any way with Littler) Littler 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 Littler or any association with its operators. 

  14. Modification of Terms of Use

    These Terms of Use are subject to change from time to time, and Littler will post an updated version of these Terms of Use.  Therefore, you are advised to review these Terms of Use occasionally, or at least every thirty (30) days.  Your continued use of this Site subsequent to our modification of these Terms of Use shall constitute your acceptance of the modified Terms of Use.  If any term or provision of these Terms of Use shall be found to be invalid, illegal or otherwise unenforceable, such finding shall not affect the other terms or provisions herein or the whole of these Terms of Use, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of you and Littler shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms of Use.  Your obligations pursuant to these Terms of Use shall survive termination of this Site, any use by you of this Site, any User Content on this Site or these Terms of Use.

  15. Contact Information

    If you have any questions regarding these Terms of Use or this Site, please contact us at info@littler.com or via our toll-free number: (888) 548-8537.

  16. Last updated May 2018