Terms of Use

COMMUNICATIONS POLICY
While we are happy to have you contact us by telephone, surface mail, electronic mail or facsimile transmission, merely communicating with Foley Hoag LLP (the “Firm”) or a Foley Hoag lawyer does not create a lawyer-client relationship unless and until an agreement has been reached between you and the firm to handle a particular matter. Please do not convey to us any information you regard as confidential until a formal lawyer-client relationship has been established. Any information we receive from you prior to the formal establishment of such a relationship will not be confidential.

Foley Hoag LLP is the sole owner of information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. Foley Hoag LLP collects information from our users at several different points on our website.

Our website (foleyhoag.com or the “Site”) offers several opportunities for visitors to register for informational update and alert mailings, events, and for assistance in using our online resources. These registration and sign-up forms are often linked to the Foley Hoag LLP mailing list and require users to give contact information (such as name and email address). We use this contact information to send users information about our Firm and their selected areas of interest when requested or necessary. Users may opt-out of receiving future mailings at any time.


TERMS OF USE STATEMENT
Please read these Terms of Use Statement carefully. By accessing or using this Site, you indicate your acceptance of the terms stated below. If you do not accept these terms, do not use this Site. These Terms of Use, the Cookie Policy, Privacy Statement, Attorney Advertising Policy and Legal Notice, individually and collectively, are referred to herein as the “Agreement”. By using the Site, you are entering into a legally binding agreement with the Firm (and you hereby represent that you are of legal age, and are otherwise fully able and competent, to enter into a binding agreement). If you are using the Site on behalf of an organization, you represent that you have the right to bind such organization to this Agreement, and “you” will include both you, the individual user, and such organization. If you do not agree to these Terms of Use, you must not use the Site.

Unless you are already a client of the Firm, nothing you send to us via the Site or e-mail will create a lawyer-client relationship with us, nor will it be treated as confidential. Any message to us should not assume that we will be able to provide you with legal representation and should not contain any information about a subject of possible representation or other confidential information.

This Site and the information and materials that it contains have been prepared by or for Foley Hoag LLP for informational purposes only. This Site is intended to provide general information about Foley Hoag LLP and not to provide legal advice. We cannot warrant that any materials or information on or obtained from this Site are current or applicable to your circumstance.

Your use of this Site or materials or information on or obtained from it does not create a lawyer-client relationship between you and Foley Hoag LLP. You should not take or refrain from taking any action based on materials or information on or obtained from this Site without obtaining legal advice tailored to your circumstance from a lawyer licensed in your jurisdiction.

This Site is not intended to constitute advertising under applicable laws and ethical rules. The Firm does not solicit anyone to seek representation based upon viewing this Site.


ACCESS TO AND USE OF THE SITE
The Firm 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.

You must not (a) except as otherwise expressly permitted by this Agreement, harvest information from the Site; (b) take any action that imposes or may impose an unreasonable or disproportionately large load on the Site or its infrastructure, or bypass any measures we may use to prevent or restrict access to any portion of the Site (or other accounts, networks or services connected thereto); (c) distribute or otherwise make available any information or other content obtained through the Site to any third party, except as expressly permitted herein; or (d) otherwise interfere in any manner with the use or operation of the Site.  


INTELLECTUAL PROPERTY RIGHTS
This Site and all the information it contains, or may in the future contain, including, but not limited to, articles, memoranda, bulletins, reports, press releases, opinions, text, images, sounds, video, directories, guides, photographs, illustrations, trademarks, trade names, service marks and logos, and other technology (collectively, the "Content"), is the property of the Firm or its 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 the Firm 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, the Firm 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 all copyright, trademark and other intellectual property notices contained in such Content, and provided that the Content, or any part thereof, is not modified.

Except as otherwise expressly permitted by this Agreement, any use, copying, making derivative works, transmitting, posting, linking, deep linking, framing, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of the Site is prohibited. You acknowledge that misappropriation or unauthorized disclosure or use of the Site by others for commercial gain would unfairly and irreparably harm us in a manner for which damages would not be an adequate remedy, and you consent to our obtaining injunctive relief to restrain any breach or threatened breach of this Agreement, without any requirement to post bond.  You may be subject to criminal or civil penalties for violation of this paragraph.

All names, logos and trademarks on the Site are owned by or licensed to Foley Hoag LLP, whether or not they are set off from surrounding text, or are referred to with a ™ or ® symbol or appear in italics or all capital letters. Third party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of Foley Hoag LLP should be inferred from the use of these trademarks. Nothing contained in the Site should be construed as granting any license or right of use of any trademark displayed on the Site without the express written permission of Foley Hoag LLP or the third party owner.

If you provide to us (directly or indirectly, and by any means) any comments, feedback, suggestions, ideas, or other submissions related to the Site (collectively "Feedback"), the Feedback will be the sole property of the Firm. We will be entitled to use, reproduce, disclose, publish, distribute, and otherwise exploit in any manner, all Feedback, without restriction and without compensating you in any way. We are and shall be under no obligation to maintain any Feedback in confidence, or to respond to any Feedback.


DISCLAIMER OF WARRANTIES
You acknowledge and agree that this Site is provided on an “as is” and “as available” basis. None of Foley Hoag, its affiliates, subsidiaries or its or their officers, directors, employees or agents (collectively the “Foley Hoag Parties”) guarantees the accuracy, completeness, timeliness, reliability, suitability or usefulness of any portion of the Site, that this Site will be uninterrupted or error free, that any specific information that is requested will be provided or that this Site or its server are or will be free of computer viruses or other harmful elements. You expressly agree that the entire risk as to the quality and performance of this Site and the accuracy, timeliness or completeness of the content or services is assumed solely by you. None of the Foley Hoag Parties makes any, and the Foley Hoag Parties hereby specifically disclaim any and all, representations, endorsements, guarantees, and warranties, express or implied, regarding this Site, including without limitation, the implied warranties of merchantability and fitness for a particular purpose, title and non-infringement of third-party rights.


LIMITATION OF LIABILITY
Under no circumstances will any of the Foley Hoag Parties be liable for any loss or damage caused by your reliance on information obtained through this Site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of this Site. In no event shall any of the Foley Hoag Parties be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or relating to the Site or this Agreement, whether based on warranty, contract, tort, or any other legal theory. Because some jurisdictions do not allow the exclusion or limitation of liability for negligence, consequential, incidental or other damages, in such jurisdictions the Foley Hoag Parties’ liability is limited to the greatest extent permitted by law. Your sole remedy for dissatisfaction with this Site is to stop using this Site.


RESPONSE TO ONLINE REQUESTS
From time to time, Foley Hoag LLP may offer to provide information or materials via electronic mail or otherwise to interested persons. Foley Hoag LLP reserves the right, in its absolute discretion, to reject any requests for such information or materials, or to discontinue the provision of such information or materials to any person, for any reason whatsoever.


LINKS TO OTHER SITES
This Site may contain links to non-Firm sites. These links are provided to you only as a convenience. Such linked sites are not under the control of the Firm and the Firm 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 the Firm of the site, and the Firm shall have no responsibility for information which is referenced by or linked to this site.


PRIVACY STATEMENT
Because our Site permits individuals to submit electronic mail, we have developed our 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" may be offered. "Cookies" are used on the Firm 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. For the Firm's full Privacy Statement, please click here.


ELECTRONIC CORRESPONDENCE TO THE FIRM AND AFFILIATED SERVERS
While we are happy to have you contact us by telephone, surface mail, electronic mail or facsimile transmission, merely communicating with Foley Hoag LLP or a Foley Hoag lawyer does not create a lawyer-client relationship unless and until an agreement has been reached between you and the firm to handle a particular matter. Please do not convey to us any information you regard as confidential until a formal lawyer-client relationship has been established. Any information you convey to Foley Hoag LLP via the internet may not be secure, and information conveyed prior to establishing a lawyer-client relationship may not be privileged or confidential.


INDEMNIFICATION
You agree to indemnify and hold harmless the Foley Hoag Parties from and against any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site or any violation of this Agreement.


MISCELLANEOUS
In the event that any portion of this Agreement is held to be invalid or unenforceable, such portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. We reserve the right to suspend your access to the Site at any time if we believe you are in breach of this Agreement. The sections of this Agreement entitled Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Miscellaneous shall survive the termination of this Agreement or your access to the Site. Foley Hoag reserves the right to change, suspend, or discontinue all or any part of this Site or the Content at any time without prior notice or liability. We may also from time to time amend this Agreement prospectively. You agree that your continued use of the Site constitutes your agreement to the amended Agreement. If you do not agree to any amended Agreement that we publish, you must cease using the Site.  The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. You expressly absolve and release the Foley Hoag Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course or conduct between the parties nor trade practice shall act to modify any provision of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, except with regard to its conflicts or choice of law rules. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Site. Without limiting the generality of the foregoing, you expressly agree to comply with such restrictions including without limitation the export control laws of the United States. We provide the Site from the United States and make no claims that the Site or any of its content is accessible or appropriate outside of the United States You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by Foley Hoag. This Agreement contains the entire agreement of the parties concerning your use of this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.

Foley Hoag® is a registered trademark of Foley Hoag LLP.

Last Updated: September 1, 2022