Legal Disclaimer and Terms of Use for This Web Site

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS INTERNET SITE (“SITE”). BY USING THIS SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THIS SITE.

ACCESS TO THIS SITE
The information contained in this site is for general guidance on topics selected by Independence Counsel LLC (“Independence Counsel”). Such information is provided on a blind-basis, without any knowledge as to the reader’s industry, identity or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions, or inaccuracies in information contained in this site. The information on this site is provided with the understanding that Independence Counsel and various authors and publishers’ providing such information does not constitute the rendering of legal, accounting, tax, career or other professional advice or services. As such, information on this site should not be relied upon or used as a substitute for consultation with professional advisors.

Independence Counsel may alter, suspend, or discontinue this site at any time for any reason, without notice or cost. The site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

By using this site, you agree to indemnify, hold harmless and defend Independence Counsel from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of this site in violation of these terms.

COPYRIGHT AND TRADEMARK INFORMATION
This site and all the information it contains, or may in the future contain, including, but not limited to, articles, white papers, press releases, opinions, text, directories, guides, photographs, illustrations, trademarks, trade names, service marks and logos (collectively, the “Content”), if not so indicated is the property of Independence Counsel its parents, affiliates, subsidiaries, and licensors, and is protected from unauthorized copying and dissemination by U.S. Copyright law, trademark law, international conventions, and other intellectual property laws. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this site or any Content displayed on this site, through the use of framing or otherwise, without the prior written permission of Independence Counsel  or such third party that may own the trademark or copyright of material displayed on this site.

Subject to your full compliance with these terms, Independence Counsel authorizes you to view the Content, make a single copy of it, and print that copy, but only for your own lawful, personal, noncommercial use, provided that you maintain any and all copyright, trademark and other intellectual property notices contained in such Content, and provided that the Content, or any part thereof, is not modified.

WARRANTIES
To the fullest extent permissible pursuant to applicable law, Independence Counsel disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Specifically, but without limitation, Independence Counsel does not warrant that: (i) the information on this site is correct, accurate or reliable; (ii) the functions contained on this site will be uninterrupted or error-free; or (iii) defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components.

LIMITATION OF LIABILITY
Under no circumstances shall Independence Counsel be liable for any incidental, special, consequential or exemplary damages that result from the use of, or the inability to use, this site or the information contained on this site, even if Independence Counsel has been advised of the possibility of such damages. In no event shall Independence Counsel's total liability to you for all damages, losses, and causes of action – whether in contract, tort (including, but not limited to, negligence) or otherwise – exceed $1 [one dollar].

JURISDICTIONAL ISSUES
Independence Counsel makes no representation that information on this site is appropriate or available for use outside the United States. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

LINKS TO OTHER SITES
This site may contain links to non-Independence Counsel sites. These links are provided to you only as a convenience. Such linked sites are not under the control of Independence Counsel and Independence Counsel is not responsible for the contents of any linked site, or any link contained in a linked site. The inclusion of any link does not imply endorsement by Independence Counsel of the site, and Independence Counsel shall have no responsibility for information that is referenced by or linked to this site.

SUBMISSIONS TO Independence Counsel  AND AFFILIATED SERVERS
Any information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to Independence Counsel through this site is the exclusive property of Independence Counsel  Independence Counsel is entitled to use any information submitted for any purpose, without restriction (except as stated in the Privacy Statement below) or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to Independence Counsel and accepts responsibility for its accuracy, appropriateness, and legality.

ENFORCEMENT OF TERMS AND CONDITIONS
These terms are governed and interpreted pursuant to the laws of the State of Delaware, United States of America, notwithstanding any principles of conflicts of law.

All disputes arising out of or relating to these terms shall be finally resolved by arbitration conducted in the English language in Wilmington, Delaware, U.S.A. under the commercial arbitration rules of the American Arbitration Association in effect at the time. The parties shall appoint as sole arbitrator a retired judge who presided in the court of Chancery for State of Delaware. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, Independence Counsel shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the State of Delaware or any other court of competent jurisdiction.

If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Independence Counsel may, at its sole discretion and without notice, revise these terms at any time by updating this posting.

ENTIRE AGREEMENT
This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by Independence Counsel as described above.

PRIVACY STATEMENT
Because our site permits individuals to submit e-mail and resumes if they want to be considered for employment by Independence Counsel, its parents, subsidiaries, affiliates, licensors, licensees, and existing or prospective clients, we have developed this Privacy Statement to inform site visitors of our policies and practices regarding such information.

At some places on the site, the use of a “cookie” is offered. Most browsers now recognize when a “cookie” is offered, and permits the user to opt out of receiving it. If you are not sure whether your browser has this capability, you should check with the software manufacturer or your Internet service provider. “Cookies” are used on the Independence Counsel site to facilitate use of an area of the site. We do not use “cookies” to collect and distribute information to third parties for marketing purposes.

Visitors are able to send e-mail through this site, and their messages will contain their user’s screen name and email address, as well as any additional information the user may wish to include in the message (“Contact Information”). Users retain the right to access Contact Information submitted by them. Opportunities to send e-mail through the site are not acts of solicitation of identifying information by Independence Counsel; rather, e-mail options let individuals send comments and communications to us. These messages are forwarded through the site to the appropriate persons within Independence Counsel to respond, at their discretion, to the questions or comments. Contact Information may be used to follow up on a visitor’s interest for business-related purposes. These purposes include informing the user about Independence Counsel services that may be of interest, or to contact the user as part of the process of business development.

By providing Independence Counsel with a copy of a user’s resume, the user explicitly and unambiguously consents to the processing of such resume by Independence Counsel its subsidiaries, affiliates, licensors, licensees, and existing or prospective clients. Resumes that are submitted to Independence Counsel in response to information on this site are forwarded to the appropriate persons within Independence Counsel for consideration and response, at their discretion. E-mail and resumes are retained or disposed of at the recipient’s discretion.

Upon request, Independence Counsel will use reasonable efforts to allow users to update/correct Contact Information previously submitted which the users state is erroneous to the extent such activities will not compromise privacy or security interests. Also, upon a user’s request, Independence Counsel will use commercially reasonable efforts to functionally delete the user and his or her Contact Information from its database; however, it may be impossible to delete a user’s entry without some residual information because of backups and records of deletions. User updates of Contact Information submitted should be handled by resubmitting the e-mail.

Inquiries about the accuracy of Contact Information previously submitted to Independence Counsel through this Site, or requests to have outdated information removed, should be directed to: info@IndependenceCounsel.com.  Legal Disclaimer and Terms of Use for This Web Site.

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS INTERNET SITE (“SITE”). BY USING THIS SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THIS SITE.

ACCESS TO THIS SITE
The information contained in this site is for general guidance on topics selected by Independence Counsel (“Independence Counsel ”). Such information is provided on a blind-basis, without any knowledge as to the reader’s industry, identity or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions, or inaccuracies in information contained in this site. The information on this site is provided with the understanding that Independence Counsel  and various authors and publishers’ providing such information does not constitute the rendering of legal, accounting, tax, career or other professional advice or services. As such, information on this site should not be relied upon or used as a substitute for consultation with professional advisors.

Independence Counsel may alter, suspend, or discontinue this site at any time for any reason, without notice or cost. The site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

By using this site, you agree to indemnify, hold harmless and defend Independence Counsel  from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of this site in violation of these terms.

COPYRIGHT AND TRADEMARK INFORMATION
This site and all the information it contains, or may in the future contain, including, but not limited to, articles, white papers, press releases, opinions, text, directories, guides, photographs, illustrations, trademarks, trade names, service marks and logos (collectively, the “Content”), if not so indicated is the property of Independence Counsel its parents, affiliates, subsidiaries, and licensors, and is protected from unauthorized copying and dissemination by U.S. Copyright law, trademark law, international conventions, and other intellectual property laws. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this site or any Content displayed on this site, through the use of framing or otherwise, without the prior written permission of Independence Counsel  or such third party that may own the trademark or copyright of material displayed on this site.

Subject to your full compliance with these terms, Independence Counsel  authorizes you to view the Content, make a single copy of it, and print that copy, but only for your own lawful, personal, noncommercial use, provided that you maintain any and all copyright, trademark and other intellectual property notices contained in such Content, and provided that the Content, or any part thereof, is not modified.

WARRANTIES
To the fullest extent permissible pursuant to applicable law, Independence Counsel  disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Specifically, but without limitation, Independence Counsel  does not warrant that: (i) the information on this site is correct, accurate or reliable; (ii) the functions contained on this site will be uninterrupted or error-free; or (iii) defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components.

LIMITATION OF LIABILITY
Under no circumstances shall Independence Counsel  be liable for any incidental, special, consequential or exemplary damages that result from the use of, or the inability to use, this site or the information contained on this site, even if Independence Counsel  has been advised of the possibility of such damages. In no event shall Independence Counsel ’s total liability to you for all damages, losses, and causes of action – whether in contract, tort (including, but not limited to, negligence) or otherwise – exceed $1 [one dollar].

JURISDICTIONAL ISSUES
Independence Counsel  makes no representation that information on this site is appropriate or available for use outside the United States. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

LINKS TO OTHER SITES
This site may contain links to non-Independence Counsel  sites. These links are provided to you only as a convenience. Such linked sites are not under the control of Independence Counsel  and Independence Counsel  is not responsible for the contents of any linked site, or any link contained in a linked site. The inclusion of any link does not imply endorsement by Independence Counsel  of the site, and Independence Counsel  shall have no responsibility for information that is referenced by or linked to this site.

SUBMISSIONS TO Independence Counsel  AND AFFILIATED SERVERS
Any information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to Independence Counsel  through this site is the exclusive property of Independence Counsel  Independence Counsel  is entitled to use any information submitted for any purpose, without restriction (except as stated in the Privacy Statement below) or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to Independence Counsel  and accepts responsibility for its accuracy, appropriateness, and legality.

ENFORCEMENT OF TERMS AND CONDITIONS
These terms are governed and interpreted pursuant to the laws of the State of Delaware, United States of America, notwithstanding any principles of conflicts of law.

All disputes arising out of or relating to these terms shall be finally resolved by arbitration conducted in the English language in Wilmington, Delaware, U.S.A. under the commercial arbitration rules of the American Arbitration Association in effect at the time. The parties shall appoint as sole arbitrator a retired judge who presided in the court of Chancery for State of Delaware. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator).  All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, Independence Counsel shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the State of Delaware or any other court of competent jurisdiction.

If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Independence Counsel  may, at its sole discretion and without notice, revise these terms at any time by updating this posting.

ENTIRE AGREEMENT
This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by Independence Counsel as described above.

PRIVACY STATEMENT
Because our site permits individuals to submit e-mail and resumes if they want to be considered for employment by Independence Counsel, Inc, its parents, subsidiaries, affiliates, licensors, licensees, and existing or prospective clients, we have developed this Privacy Statement to inform site visitors of our policies and practices regarding such information.

At some places on the site, the use of a “cookie” is offered. Most browsers now recognize when a “cookie” is offered, and permits the user to opt out of receiving it. If you are not sure whether your browser has this capability, you should check with the software manufacturer or your Internet service provider. “Cookies” are used on the Independence Counsel Inc. site to facilitate use of an area of the site. We do not use “cookies” to collect and distribute information to third parties for marketing purposes.

Visitors are able to send e-mail through this site, and their messages will contain their user’s screen name and email address, as well as any additional information the user may wish to include in the message (“Contact Information”). Users retain the right to access Contact Information submitted by them. Opportunities to send e-mail through the site are not acts of solicitation of identifying information by Independence Counsel; rather, e-mail options let individuals send comments and communications to us. These messages are forwarded through the site to the appropriate persons within Independence Counsel to respond, at their discretion, to the questions or comments. Contact Information may be used to follow up on a visitor’s interest for business-related purposes. These purposes include informing the user about Independence Counsel services that may be of interest, or to contact the user as part of the process of business development.

By providing Independence Counsel  with a copy of a user’s resume, the user explicitly and unambiguously consents to the processing of such resume by Independence Counsel its subsidiaries, affiliates, licensors, licensees, and existing or prospective clients. Resumes that are submitted to Independence Counsel in response to information on this site are forwarded to the appropriate persons within Independence Counsel  for consideration and response, at their discretion. E-mail and resumes are retained or disposed of at the recipient’s discretion.

Upon request, Independence Counsel  will use reasonable efforts to allow users to update/correct Contact Information previously submitted which the users state is erroneous to the extent such activities will not compromise privacy or security interests. Also, upon a user’s request, Independence Counsel will use commercially reasonable efforts to functionally delete the user and his or her Contact Information from its database; however, it may be impossible to delete a user’s entry without some residual information because of backups and records of deletions. User updates of Contact Information submitted should be handled by resubmitting the e-mail.

Inquiries about the accuracy of Contact Information previously submitted to Independence Counsel through this Site, or requests to have outdated information removed, should be directed to: info@IndependenceCounsel.com.