Terms of Use
1) Definitions
a) In these Terms of Use, the following words have the following meanings, unless the context requires otherwise:
i) “Akin” means Akin Gump Strauss Hauer & Feld LLP, Akin Gump Strauss Hauer & Feld, and any associated entities; “we” “us,” and “our” shall be construed accordingly.
ii) “Akin Alumni Program” means specific content, communication, and offerings provided by Akin to employees and former employees of the firm through the Website, Email, and mailings. Content, communication and offerings are subject to change at any time without prior notice, and may include an online directory, access to job opportunities, firm news, event invitations, and more.
iii) “Alumni Member” means a former Akin employee who meets all eligibility requirements of the Akin Alumni Program and has created an account on the Website and has thereby agreed to these Terms of Use, to the Privacy Notice, and to having his or her personal data and Content stored in the database of the Akin Alumni Program third-party vendor(s).
iv) “Content” means any electronic file, text, software, information, data, database, photograph or other visual or graphic image, audio file, video file, work of authorship, message, link, and any other material posted on or available from the Website, including the content of any messages sent or received using the messaging function, and posted comments;
v) "Intellectual Property Rights" means all patents, data and database rights, copyright, design rights (whether registered or unregistered), trademarks, service marks and trade dress (whether registered or unregistered), rights of publicity, moral rights, and other proprietary rights wherever existing in the world, together with the right to apply for protection of the same;
vi) "Website" shall mean the Akin Alumni Network website having a homepage at www.akingumpalumni.com, or at such other address as may apply from time to time;
vii) "You" or "your" shall mean a user of the Website;
2) Conditions of Agreement
a) These Terms of Use set out the terms and conditions upon which we will grant you the right to access and use the Website.
b) By accessing and using the Website you accept the Terms of Use, you agree to be legally bound by these Terms of Use, and you agree to your personal data being processed in accordance with the Privacy Policy. If you do not agree to these Terms of Use, then you may not access or use the Website.
c) We recommend that you print a copy of these terms for future reference.
d) Any use of the Website for purposes other than those set out in these Terms of Use is strictly prohibited constitutes a breach by you of these Terms of Use.
e) The purpose of the Website is to expand and engage the Akin alumni community, promote peer-to-peer networking and provide access to services and opportunities available from Akin and the Akin Alumni Program. Provision of the Website by Akin does not constitute financial, management or consultancy advice or any form of employment services. Our employees, sub-contractors and/or agents are not authorized to make any representations or warranties concerning the Website and you agree that you do not rely on any representation or warranty that has not been made in accordance with these Terms of Use.
f) We do not verify the information you provide for the purposes your participation in the Website, but reserve the right to monitor and, at our option, to remove for any reason any information, messages, photographs and/or other Content.
3) Access to the Website
a) The Website, www.akingumpalumni.com, is operated by IntraWorlds Inc. on behalf of Akin Gump Strauss Hauer & Feld LLP. Akin Gump Strauss Hauer & Feld LLP is registered in Texas under company number 800176698 and we have our registered office at 1700 Pacific Ave., Ste. 4100, Dallas TX, 75201. Our main trading address is 1333 New Hampshire Avenue, NW, Washington, DC, 20036. We are regulated by the respective state bars where the firm has offices and/or practices law. To contact us, please email alumni@akingump.com.
b) By accessing the Website, you agree that you will access its contents solely for your own private use.
c) Except as expressly permitted by applicable law, you may not copy, (except to the extent required in order to use the Website in accordance with these Terms of Use), store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of this Website or extract material from this Website or any document available through it or in any other way exploit commercially all or any part of this Website or any document available through it without our prior written permission.
d) Access to the Website will be provided to you subject to these Terms of Use. We cannot guarantee that the Website will operate in accordance with your expectations or will be error free or provided on an uninterrupted basis. If you are aware of any error on this website please contact us by email at alumni@akingump.com and we will endeavor to correct it. We do not guarantee the availability to you of any links that may be provided from the Website.
e) Except as expressly permitted by applicable law, you may not create, publish or distribute electronic links to any portion of the Website without our written consent. Please e-mail requests to alumni@akingump.com.
f) You are responsible for use of the Website by any person using your password. You will ensure the confidentiality of your password and prevent any unauthorized access or use of the Website through the use of your password.
g) If you know or suspect that an unauthorized person knows your password you will promptly notify us by email at alumni@akingump.com and promptly reset your password following the instructions on the Website.
h) You will comply with all applicable laws, rules and regulations relating to your use of the Website. You will also comply with all reasonable instructions we give you relating to the Website.
i) You will not use the Website to circulate, send or distribute any information or data that would be in contravention of any laws, rules and regulations, including those governing financial services, money laundering or anti-terrorism.
j) We reserve the right to update, modify, restrict or suspend access to or close the Website at any time for business and operational reasons. We will try to give you reasonable notice of any such suspension or withdrawal.
4) Intellectual Property Rights
a) The owners of the Intellectual Property Rights in the Content retain all right, title and interest in and to their respective Content, and you acknowledge and agree that you do not acquire, by virtue of your use of the Website or by these Terms of Use, any right, title or interest in or to such Intellectual Property Rights.
5) Uploading Content to the Website
a) You understand that you are solely responsible for all Content that you upload, post, input, or transmit via the Website (“your Content”). Content on the Website has not been verified or approved by us.
b) You will ensure that all of your Content will be honest and truthful and not fraudulent, false, unreliable or misleading will be in compliance with all applicable laws, rules and regulations, will not infringe or otherwise violate the Intellectual Property Rights or other rights of us or of any third party, will not be defamatory, obscene, offensive, pornographic or otherwise objectionable, and will be free of and not link to any viruses, Trojan horses, worms, spyware, malware or other software routines or harmful code. Furthermore, you will ensure that you have the lawful right to upload, post, input, or transmit via the Website all of your Content.
c) If we consider that any part of your Content does not comply with the paragraph above or exposes us to the risk of a claim or complaint by any third party, we may block your access to any or all of the Website and remove any or all of your Content. You will provide all reasonable assistance to us in this respect. We may, but shall not be required to: (a) notify you in advance of taking any such action; or (b) provide an explanation.
d) If you determine or suspect that any of your Content does not comply with these Terms of Use, you will promptly notify us at alumni@akingump.com and remove such Content. If you determine or suspect that any other Content on the Website is not in compliance with these Terms of Use, please notify use so that we may investigate whether it should be removed or edited from the Website.
e) You will not use the Website to advertise or sell any goods or services to other Website users, except as expressly permitted on any part of the Website or by us in writing, in advance.
f) You will not publish any information or personal data in relation to any third party without their express prior consent.
g) By posting, uploading, inputting, providing or submitting your Content you hereby grant Akin, its affiliated companies, sublicensees and successors and assigns a nonexclusive, worldwide, royalty free, perpetual, non-revocable license to use your Content in connection with the Website, including, without limitation, the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Content; and to publish your name in connection with your Content.
h) You acknowledge and agree that Akin may preserve and store your Content and, to the maximum extent allowable by applicable law, may also disclose your Content (including any personal data disclosed therein) if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Akin, its users and the public.
6) Posting Business and Mentoring Opportunities on the Website
a) Akin and Alumni Members may post business and mentoring opportunities via the Website. These may include details of products, mentoring, or services offered by us or Alumni Members. While we provide the functionality for Alumni Members to post business and mentoring opportunities on the Website, we do not verify business and mentoring opportunity postings by Alumni Members and have no responsibility for such postings or their authenticity.
b) If you wish to respond to any advertisement for employment, please ensure you reply to the organization as detailed in the advertisement. Responses or e-mails sent to Akin, other than for positions within Akin or secondment positions at clients of Akin where the advertisement requires the application to be made via Akin, will not be forwarded to the organization advertising the employment.
c) We may monitor Website traffic patterns, usage and related information in order to optimize the Website. We may use the information we gather to notify you about important functionality changes and alterations to the, or offers of products, services or information that might be of particular interest to you.
7) Termination
a) You agree that the Firm, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Website, and remove and discard any Content within the Website (including your Content), for any reason (or for no reason), including, without limitation, for lack of use or if Akin believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of service, may be referred to appropriate law enforcement authorities.
b) We may also in our sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that Akin may immediately deactivate or delete your account, your Content, and all related information and files in your account and/or bar any further access to such files or the Website.
8) No Warranties
a) No representation, warranty and/or condition, express or implied, statutory or otherwise, as to condition, satisfactory quality, performance, fitness for purpose or otherwise is given by us (or applicable) in respect of the Website or the Content and all such representations, warranties and/or conditions are excluded, except to the extent that their exclusion is prohibited by law.
9) Limitations and Exclusions of our Liability
a) YOU EXPRESSLY UNDERSTAND AND AGREE THAT AKIN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AKIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (v) THE CONTENT, INFORMATION, SUBMISSIONS OR DATA CONTAINED ON WEBSITE, OR (vi) ANY OTHER MATTER RELATING TO THE WEBSITE.
b) Nothing in these Terms of Use excludes or limits liability for death or personal injury due to either party’s negligence or fraud or fraudulent misrepresentation or any other loss which cannot be limited or excluded by law.
c) Content and other materials posted on the Website by us do not constitute advice and are not intended as a substitute for your own independent professional advice.
d) You may be able to obtain access to websites operated by others from the Website. We do not endorse those other websites nor do we accept any responsibility for any damage or loss you may suffer arising out of access to those websites, including, but not limited to, damage or loss arising from your use of documents, information or services offered or provided on those websites. Any such links are not monitored or maintained by us nor are we responsible for the content of any third party website. Please read all copyright and legal notices on each site prior to downloading or printing items to ensure that such actions are permitted under the third party site's copyright notices, legal notices and or terms of use.
e) Other than in relation to any marketing activity, if a partner, associate or other employee of Akin participates in the Website they do so in their personal capacity and not as a representative of Akin.
10) Indemnity
a) You agree to indemnify and hold Akin, and its officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content, your use of the Website, your connection to the Website, your violation of the Terms of Use, your violation of any rights of another person or your violation of any applicable laws or regulations.
11) Online Privacy
a) A copy of our Privacy Notice is available on the Website. You acknowledge that use of the Website results in our processing of the personal data you provide. Our Privacy Notice sets out the basis on which we will use that data and you agree to the terms of it.
b) In performing our obligations under these Terms of Use, you and we will each comply with all applicable data protection legislation.
c) By using our Website you agree to our use of cookies as described in the Privacy Notice and that we can place these types of cookies on your device.
12) General Provisions
a) We reserve the right to vary or amend these Terms of Use from time to time. We will notify you of any such amendment by posting the relevant amendment to the Website. Any changes shall take effect upon posting to the Website. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
b) Our rights under these Terms of Use:
i) may be exercised as often as necessary;
ii) are cumulative and not exclusive of rights or remedies provided by law; and
iii) may be waived only in writing.
Delay in the exercise or non-exercise of any such right is not a waiver of that right.
c) Nothing in these Terms of Use shall be deemed to constitute a partnership between us, nor constitute either of us the agent of the other for any purpose.
d) These Terms of Use constitute the entire agreement between you and us in respect of your use of the Website. If any provision of these Terms of Use shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
e) The laws of New York law, excluding New York’s conflict of laws rules, will apply to any disputes arising out of or relating to the Website or these Terms of Use will be litigated exclusively in the federal or state courts located in New York County, New York, USA, and we and you consent to personal jurisdiction in those courts.