Terms of Use
PLEASE NOTE THAT YOUR (“You” “Your”) USE OF AND ACCESS TO THE WEBSITE ARE SUBJECT TO THE FOLLOWING TERMS. YOU SHOULD READ THROUGH ALL THE TERMS CAREFULLY AS THEY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE WEBSITE IN ANY MANNER.
These Terms of Use (the “Terms”) are a binding contract between you and King & Spalding LLP, a limited liability partnership under the laws of Georgia, U.S., and other affiliated limited liability entities, organized under the laws of the United Kingdom, Singapore, and Delaware, U.S. (“K&S”, “we”, “us” or “our”). The personal liability of the partners of these entities is limited as provided in such laws. By accessing or using www.justiceforlgbtqveterans.com (the "Website"), you acknowledge and agree that (i) you have read and understood and agree to comply with these Terms, and; (ii) we may collect Personal Information about you in accordance with the Privacy Notice (the “Privacy Notice”).
1. Definitions
The following capitalized terms in these Terms have the meanings ascribed next to them:
1.1. “K&S Content” means visual, numeric, graphical, text, audio or other data or content, which is displayed or made available through the Website or otherwise by us.
1.2. “Intellectual Property Rights” means all intellectual property or proprietary rights in any jurisdiction, including e.g. rights in or to patents, registered and unregistered copyrights, software, technology, domain names, trademarks, service marks, designs, and registrations and applications for any of the foregoing, data and documentation thereof, trade secrets and know-how (including but not limited to inventions, development information, specifications, plans, proposals and technical data).
1.3. “Personal Information” has the meaning ascribed to it in the Privacy Notice.
2. Lawful Use
The Website may only be used in compliance with all applicable laws and for legitimate purposes.
3. Right to Use the Website and Your Responsibility
3.1. Right to Use the Website. Subject to Your compliance with these Terms, K&S grants You a limited, non-exclusive, revocable, non-transferable, non-sublicensable right to access and use the Website. The Website may be used solely for Your personal, non-commercial purposes.
3.2. Your Responsibility. You represent and warrant that: (i) the Personal Information you provide is accurate and complete, lawful and non-infringing; (ii) your use or access of the Website will not: (a) infringe on the Intellectual Property Rights of any third party or any rights of publicity or privacy; (b) violate any law, statue, ordinance or regulation (including without limitation the laws and regulations governing export control, unfair competition, antidiscrimination or false advertising); (c) create or cause any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) create or cause situations or environments where any failure or time delays of, or errors or inaccuracies in, K&S Content, or information on any systems of any third party could lead to death, personal injury, or severe physical or environmental damage; (e) create or cause any damages, corruption, loss, interferences, security intrusions or any failure of any systems in your control, possession, or any systems of any third-party.
4. Restrictions
Except as expressly permitted in these Terms, you may not, and shall not allow any third party to: (i) rent, lease, copy, transfer, resell, sublicense, time-share, or otherwise provide access to the Website to a third party; (ii) publicly disseminate information regarding the performance of the Website (which is deemed K&S’ confidential information); (iii) modify or create a derivative work of the Website or any portion of it; (iv) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats, or non-public APIs to the Website (including K&S’ code), except to the extent expressly permitted by applicable law and then only with advance notice to K&S; (v) access the Website for the purpose of copying its features or user interface; (vi) use the Website for purposes of product evaluation, benchmarking, or other comparative analysis intended for publication without K&S’ prior written consent; (vii) remove or obscure any proprietary or other notices contained in the Website, including in any reports or output obtained from the Website (viii) upload, transmit, or submit any viruses, malware, or malicious code, or other harmful materials to the Website, or otherwise interfere with the operation of the Website; (ix) use the Website in an unlawful manner or for any unlawful purpose; (x) provide any false or misleading information or any information it does not have the right to provide; or (xi) otherwise violate any of K&S’ published rules, policies, or guidelines.
5. Informational Purposes, No Legal Advice, No Lawyer-Client Relationship
Materials on this Website are provided for informational purposes only, do not constitute legal advice, do not necessarily reflect the opinions of K&S or any of its lawyers or clients, and are not guaranteed to be complete, correct, or up to date. The Website is not intended to create a lawyer-client relationship between you and K&S. You should not act or rely on information on the Website without seeking the advice of a lawyer. We would be pleased to communicate with you concerning legal matters, but we cannot do so until we first know that doing so would not create a conflict of interest. If you are interested in having K&S represent you in a legal matter, the best way to initiate possible representation is to contact the firm at +1 404 572 4600. We will arrange to have you go through our conflict of interest procedures and following that put you directly in touch with the lawyer and practice team best suited to handle the matter. You may also communicate with K&S by e-mail through the link located in the "Contact Us" section of the Website. Please do not send us any confidential information until after you have received from us a written statement that we represent you in that matter (an "engagement letter"). If you communicate with us through this Website, by e-mail or otherwise concerning a legal matter for which we do not already represent you, your communication may not be treated as privileged or confidential. Hiring a lawyer is an important decision that should not be based solely upon written information about our qualifications and experience. K&S has endeavored to comply with all known legal and ethical requirements in compiling this Website. In some jurisdictions this Website may be considered advertising. K&S does not desire to represent clients based upon their review of portions of this Website that may not comply with legal or ethical requirements. To the extent the State Bar Rules of a jurisdiction require us to designate a principal office and/or a single lawyer responsible for this Website, K&S designates its office in Atlanta, Georgia, USA as its principal office and designates John P. Brumbaugh as the lawyer responsible for this Website. Lawyers of K&S practicing in Texas are not certified by the Texas Board of Legal Specialization, except as specifically and clearly stated.
6. Security
K&S agrees to implement reasonable security measures to protect Personal Information and will, at a minimum, utilize industry standard security procedures. However, because of the nature of the Internet, you understand and agree that K&S cannot ensure and we shall not be held liable for that the Website will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse (“Faults”) and K&S shall not be held liable for any damage caused as a result of your use of the Website, its unavailability, any error or Faults on the Website.
7. Links to Other Websites
The Website may provide links to the websites or services of other third-party sites. Links to such third-party sites do not constitute any endorsement by K&S of such third-party sites, or the quality, suitability or accuracy of the products, content, materials or information presented or made available by such sites. The links are not intended to state or imply that K&S sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected therein. You acknowledge and agree that K&S, its members, partners, directors, officers, employees, agents, service providers and representatives, other third parties, and each of their respective successors and assigns, are not responsible for any claims, damages or losses caused or alleged to have been caused by the use of any third-party sites, or from the products, content, material or information presented by or available through those sites.
8. Intellectual Property
8.1. Website and K&S Content, Feedback
Title and full, exclusive ownership rights in the Website (and all parts of either, including K&S Content), and all reproductions, corrections, modifications, enhancements and improvements, and all related Intellectual Property Rights, including data related to your use of the Website, are the exclusive property of K&S. You do not obtain any rights in K&S Content, our technology, or intellectual property. You will not remove, alter, or obscure any proprietary notices (including copyright notices) of K&S on the Website. Any suggestions, recommendations, improvements, inventions and feedback by you or by anyone on your behalf in connection with the Website, are the sole property of K&S, irrespective of the creator.
9. Warranty and Disclaimer
9.1. THE WEBSITE AND K&S CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE AND K&S CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THE CONTENT IS ACCURATE OR UP TO DATE. YOU ASSUME ALL RESPONSIBILITY FOR ACCESSING AND USING THE WEBSITE AND K&S CONTENT. K&S HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9.2. K&S DOES NOT WARRANT THAT THE ACCESS TO AND USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ALL VULNERABILITIES AND DEFECTS WILL BE DETECTED, OR THAT THE WEBSITE IS FREE FROM VIRUSES OR OTHER HARMFUL CODE. YOU AGREE THAT K&S WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
9.3. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
10. Limitation of Liability
IN NO EVENT SHALL K&S, ITS MEMBERS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND REPRESENTATIVES, OTHER THIRD PARTIES, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE CLAIMS, LOSSES, OR DAMAGES, RELATED TO OR IN CONNECTION WITH THE WEBSITE OR K&S CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, BUSINESS, OR ANTICIPATED SAVINGS, ANY LOSS OF, OR DAMAGE TO DATA, CUSTOMER CONTENT, REPUTATION, REVENUE OR GOODWILL AND/OR THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, K&S, ITS MEMBERS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES IN CONNECTION WITH ERRORS, OMISSIONS OR INACCURACIES OF K&S CONTENT, OR WEBSITE OR ANY DECISION MADE IN RELIANCE ON K&S CONTENT CONTAINED ON OR ACCESSIBLE THROUGH THE WEBSITE. YOUR SOLE REMEDY FOR ANY CLAIMS IN CONNECTION WITH THE WEBSITE IS TO DISCONTINUE USING THE WEBSITE AND THE RELATED K&S CONTENT.
THE FOREGOING EXCLUSIONS AND LIMITATIONS ON LIABILITY SET FORTH IN THIS SECTION 10 SHALL APPLY: (I) EVEN IF K&S, ITS AFFILIATES OR THIRD-PARTY PROVIDERS, HAVE BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES OR DAMAGES; (II) EVEN IF ANY REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (SUCH AS, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT).
NO ACTION, REGARDLESS OF FORM, MAY BE BROUGHT BY YOU AFTER THE EARLIER OF (A) 12 MONTHS AFTER THE DATE ON WHICH YOU BECOME AWARE THAT A CAUSE OF ACTION HAS ARISEN, OR (B) THE PERIOD SET FORTH UNDER THE APPLICABLE STATUTE OF LIMITATIONS.
11. Indemnification by User
User shall indemnify, defend and hold harmless K&S, its affiliates and its and their respective officers, directors and employees from and against any and all claims, damages, actions and causes of action by third parties in connection with the Website, or in connection with any distribution, publication, exportation, disclosure, misuse or misconduct by You, or fraudulent behavior by You.
12. Modifications to Website/Content
You acknowledge and agree that K&S reserves the right to change, modify, amend, suspend or discontinue any aspect of the Website or K&S Content at any time, or these Terms, without notice and without liability to you or any other third party. If you do not agree to the new or different terms, you should not use and are free to discontinue using the Website.
13. Termination
K&S may terminate your use of the Website at any time and without prior written notice. We shall not be liable to you or any third party for termination of your use of or access to the Website, or any portion thereof. Any provision of these Terms which is intended to survive termination shall survive termination of these Terms.
14. Severability
If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
15. Choice of Law and Venue
These Terms shall be governed by and interpreted in accordance with laws of the State of Georgia, without giving effect to any conflict of law provisions. The exclusive jurisdiction shall vest with the State and Federal courts located in Fulton County, Georgia. Notwithstanding anything to the contrary in this Section 15, K&S may file suit in any court having jurisdiction to seek injunctive or other equitable relief to prevent or address an actual or threatened breach of confidentiality obligations and/or its Intellectual Property Rights.
16. General
16.1. These Terms constitute the entire agreement concerning the Website between you and K&S.
16.2 Section headings are provided for convenience only and have no substantive effect on construction.
16.3. The failure of K&S to exercise or enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
16.4. These Terms may not be assigned by you without our prior written consent.
Last Updated: August 8, 2023