Disclaimer

These Terms and Conditions of Use apply to you when you view, access or otherwise use the blog located at https://blogs.harvard.edu/labor (the “blog”). The blog is owned by S. A. Kohan (“Kohan”), and hosted by Harvard University. We grant you a nonexclusive, nontransferable, limited right to access, use and display the blog and the materials provided hereon, provided that you comply fully with these Terms and Conditions of Use. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Kohan’s relationship with you in relation to this blog. If you disagree with any part of these terms and conditions, please do not use our blog.

1. No Attorney Client Relationship. We provide this blog for general informational purposes only. NOTHING ON THE SITE NOR ANY PORTION THEREOF CONSTITUTES ACTUAL LEGAL, TAX, ACCOUNTING, REGULATORY OR OTHER PROFESSIONAL ADVICE, OPINION, OR RECOMMENDATION BY KOHAN, ITS AFFILIATES, OR ANY CONTENT PROVIDER. IF LEGAL OR OTHER PROFESSIONAL ASSISTANCE IS REQUIRED, THE SERVICES OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT. YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS, ADVICE, CONCLUSIONS, LEGAL OR TAX OPINIONS, RECOMMENDATIONS MADE OR GIVEN AS A RESULT OF THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON CONTENT, OR INCORPORATING OR REFERENCING THE CONTENT. NO ATTORNEY-CLIENT RELATIONSHIP IS FORMED WITH S.A. KOHAN, ITS AFFILIATES, OR ANY SUPPLIER OF CONTENT THROUGH USE OF THE SERVICES. NONE OF THE SERVICES OR CONTENT SHALL CONSTITUTE OR BE CONSTRUED AS A RECOMMENDATION, SOLICITATION, OFFER, OPINION, BY S.A. KOHAN (ITS AFFILIATES OR ANY CONTENT PROVIDER) FOR ANY LEGAL, FINANCIAL TRANSACTION, THE PURCHASE OF ANY FINANCIAL INSTRUMENT, INCLUDING BUT NOT LIMITED TO SECURITIES, OR ANY KIND OF INVESTMENT, OR LEGAL MATTER.

2. Privacy. Your use of the blog constitutes your consent to Kohan Privacy Policy.

3. Copyright Notice. All materials and software published on or used on the blog are protected by copyright, and are owned or controlled by or licensed to Kohan, or the party listed as the provider of the materials or software. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL IS PROHIBITED. You may download any downloadable materials displayed on the blog only for personal, noncommercial and informational purposes, provided that the documents are not modified and provided you maintain and abide by all copyright, trademark and other notices contained in such material or if none, you include the following copyright notice in such downloaded materials:

© Copyright 2017 S.A. Kohan. All rights reserved. All use subject to Terms and Conditions of Use set forth here.

4. Copyright Notification. S.A. Kohan respects the intellectual property rights of others. Upon proper notice, S.A. Kohan will remove user posted comments, posts, messages, or other submissions on or to the Blog that violate copyright law, or suspend access to the Blog (or any portion thereof) to any user who repeatedly uses the Blog in violation of copyright law.

Pursuant to 17 U.S.C. § 512, S.A. Kohan has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been used in a way that constitutes copyright infringement, please send S.A. Kohan’s copyright agent a notification of claimed infringement with all of the following information: (a) 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; (b) identification of the claimed infringing material and information reasonably sufficient to permit S.A. Kohan to locate the material on the Blog; (c) information reasonably sufficient to permit S.A. Kohan to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Please provide us with a notice that includes all of the above enumerated information (“Notice of Infringement”) and fax or mail it to the following S.A. Kohan copyright agent:

P.O.Box 99821, Emeryville, CA 94662

By submitting a Notice of Infringement, you acknowledge and agree that S.A. Kohan may forward your Notice of Infringement and any related communications to any users who posted the material identified in such notice.

Please do not send notices or inquiries unrelated to alleged copyright infringement to S.A. Kohan’s designated agent.

5. Commercial Use of S.A. Kohan blog Materials and Screen Shots. Reproduction, copying, or redistribution of materials on the S.A. Kohan blog for commercial purposes is prohibited without the express written permission of S.A. Kohan. Any use, reproduction, or distribution of material on this blog which constitutes the personal information, property, or photograph or other depiction of any particular S.A. Kohan agent may also be subject to state and federal privacy and other laws requiring the specific written consent of the individual. To obtain permission to copy portions of this blog, please send email to kohan @post.harvarrd.edu and provide the following information in the body of the email:

* the content you wish to use;

* where, when and how it will be used (for example, a seminar, newsletter or news article);

* where and how copies will be distributed and to what audience;

* how many copies will be produced and distributed;

* what other materials will be associated with the Sheppard Mullin content; and

* your name, title, company, address, email address and phone number.

We will evaluate and respond to your request as soon as possible. S.A. Kohan reserves the right to refuse permission to copy, distribute, broadcast, or publish any of its copyrighted material, including text and images on our blog.

6. Service Mark Notice. “S.A. Kohan,” and other related marks are service marks of S.A. Kohan and are protected by law. They may be used publicly only with permission from S.A. Kohan. Fair use of the service marks requires proper acknowledgment. ALL RIGHTS RESERVED.

7. Links to Other Blogs, websites and/or Materials. Links may appear on the blog that may be used to link to other blog(s) or websites. These links are provided solely as a courtesy to our blog visitors. S.A. Kohan has no control over the linked sites or the materials, information, goods or services available or contained on these linked sites. S.A. Kohan  is not responsible for and does not endorse or warrant in any way any materials, information, goods or services available through such linked sites or any privacy or other practices of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. S.A. Kohan reserves the right to terminate any link at any time.

8. Prohibited Actions. You agree not to interrupt, or attempt to interrupt, the operation of the blog in any way. Unauthorized use or modification of any information stored on the blog may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the blog for anything other than a lawful and legitimate purpose. You agree not to use the blog to carry out any unauthorized alteration of any data or information on the blog or to conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the blog. The blog is not intended for use by anyone under the age of 19. We reserve the right to limit or deny your access to the blog or take other appropriate action if you violate any provision of these Terms and Conditions of Use or if you conduct any activity that violates the rights of any person or entity, or which we in our sole discretion deem unlawful, offensive, threatening, abusive or potentially harmful or malicious.

9. Modification of Terms and Conditions of Use. S.A. Kohan reserves the right to revise these Terms and Conditions of Use at any time by updating this posting. Your continued use of the blog constitutes your agreement to comply with such revisions, so you should visit this page from time to time.

10. Email May Not Be Used to Provide Notice. Communications made through the blog’s e-mail and messaging system shall in no way be deemed to constitute legal notice to S.A. Kohan or any of its officers, employees, agents or representatives, such as where notice to S.A. Kohan is required by contract, or any federal, state or local laws, rules or regulations.

11. Disclaimer; Limitation of Damages. (a) S.A. Kohan expressly disclaims all liability for any viruses or other contamination of your computer system or other device used to access this blog as a result of your use of this blog, and expressly disclaims all liability for actions taken or not taken based on any or all of the contents of this blog. THE BLOG IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, S.A. KOHAN MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE BLOG WILL BE UNINTERRUPTED OR ERROR FREE.

(b) USE OF THE BLOG IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE BLOG.

(c) A COVERED PARTY (AS DEFINED HEREIN), including S.A. KOHAN, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS SITE, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. “Covered Party” means S.A. Kohan, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of S.A. Kohan or its affiliates.

12. Applicable Laws; Venue. S.A. Kohan operates the blog from its offices/ locations in California and makes no representations that materials in the blog are appropriate or available for use in other locations. The display of the blog alone does not subject S.A. Kohan to any specific jurisdiction. Access to the blog from any territory where the content is illegal is prohibited. If you choose to access the blog from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations. You may not use or export any of the blog materials in violation of U.S. export laws and regulations. Any claim related to the use of the blog or to the blog materials shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein. Any action arising out of or related to the access, use, content, or existence of this blog shall be filed only in the appropriate state or federal court located within the State of California. The access, viewing or use of this blog constitutes the user’s express permission and consent to the jurisdiction of the state and/or federal courts of the State of California for purposes of such actions.

13. ENTIRE AGREEMENT; SEVERABILITY; SURVIVAL

These Terms and Conditions incorporate by reference any notices contained on this Site and constitute the entire agreement with respect to your access to and use of this Site. If any provision of these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

14. IF YOU DO NOT AGREE

IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.

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