RegSpot Legal Notices
Conditions of Use of RegSpot Website
Last updated: March 18, 2021
These Conditions of Use of RegSpot Website, along with all other agreements, disclaimers and disclosures referenced herein or displayed on the RegSpot.com website (collectively, the “Agreement”) states the terms and conditions under which you may use the website located at www.RegSpot.com, all applications, tools, platforms, their associated URL links, and content (including Third Party Content, as defined below) available therein (the “Site”). Please read this Agreement carefully. By using the Site or by clicking [“Accept”] to agree to this Agreement when this option is made available to you, you accept and agree to be bound and abide by this Agreement and any additional terms and policies incorporated herein by reference.
1. The Site is operated by Akin Gump Strauss Hauer & Feld LLP, which operates as a limited liability partnership under the laws and regulations of numerous jurisdictions both inside and outside the United States. For the purposes of these Conditions of Use of RegSpot.com Website, “Akin Gump” or “we” means Akin Gump Strauss Hauer & Feld LLP, Akin Gump Strauss Hauer & Feld and Akin Gump LLP, a limited liability partnership under the laws of New York and operating in the United Kingdom. Please see Akin Gump’s Legal Notices, at https://www.akingump.com/en/legal-notices.html, for additional disclaimers and information on associated entities under which the Akin Gump network operates worldwide.
2. These terms are applicable to all use of the Site. Any use by you of the Site must be in accordance with the terms and conditions stated in this Agreement. By accessing, browsing and/or using this Site and its content, you acknowledge that you have read, understood and agree to be legally bound by this Agreement. Subject to and conditioned on your full and ongoing compliance with this Agreement, Akin Gump hereby grants you the limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use those portions of the Site for which you registered, solely for their intended purposes, and solely for your internal referential business purposes.
We reserve the right to amend, update, or modify this Agreement at any time on a going forward basis, with or without prior notice, by publishing a fully amended version of this Agreement on the Site. You are responsible for regularly reviewing the Site to obtain timely notice of such amendments. Notwithstanding the foregoing, in the event of any material amendment to this Agreement, we will make reasonable efforts to provide you with written notice of such material amendment via email and such amendment shall take affect three (3) days after such email is sent. If you continue to use the Site after the effective date of each amendment, you will be conclusively deemed to have accepted such amended version of this Agreement.
If you use or access the Site on behalf of a business or other entity, you must have authority to bind that business/entity. In such case, the term “you” includes the business/entity and any of its affiliates and their respective employees, contractors, representatives or agents that use or access the Site. By using or accessing the Site, you represent and warrant that you are of legal age to accept these Conditions of Use (including being over eighteen (18) years of age if you are accessing this Site from the United States) and have legal authority to form a binding contract with Akin Gump.
Certain portions of the Site may require the use of third party software and content (“Third Party Content”), which are subject to additional terms and conditions imposed by the third party licensors of such Third Party Content. You acknowledge and agree that prior to using any Third Party Content, you shall agree to all terms and conditions required for such Third Party Content required by the applicable licensor, and shall further comply with such terms and conditions in connection with your use of the Third Party Content. The protections provided to Akin Gump under this Agreement shall also apply, as applicable, to such licensors.
3. No lawyer-client relationship created. Your use of the Site does not create a lawyer-client relationship between you and Akin Gump or any Akin Gump lawyer. The Site is not an invitation to form an attorney-client relationship. None of the materials or information provided herein are legal advice, and are not intended to be treated as legal advice or to create an attorney-client relationship. Information provided by you to use the Site is not protected by privileges afforded to clients receiving legal services from Akin Gump, including the attorney-client privilege or work product protection. If you wish to become a client of Akin Gump for the provision of legal services, then you must contact an appropriate Akin Gump attorney, and explicitly negotiate a retention.
Although the Site provides information concerning potential legal issues, it is not a substitute for legal advice from qualified counsel. Content provided and documents generated through the Site are for your informational purposes only, and may not be suitable for your unique business, tax, or other specific circumstances. The risk assessment portion of the Site is based solely on the public information reviewed in the Site and does not consider any other facts or information that may be relevant to your specific circumstances. It does not constitute a recommendation or a guarantee. The materials on this Site might not reflect all current updates to the law or applicable interpretive guidance and Akin Gump disclaims any obligation to continuously update the Site in real time. We strongly urge you to contact a reputable attorney in your jurisdiction for any questions or concerns. You should not and are not authorized to rely on the Site as a source of legal or tax advice. You should not act or refrain from acting on the basis of any content included in the Site without seeking the appropriate legal or professional advice on the particular facts and circumstances at issue. Your use of information on the Site or materials linked to the Site is entirely at your own risk.
Under the rules of certain jurisdictions, this Site or certain portions of the information herein may be considered attorney advertising. Prior results do not guarantee a similar outcome.
Unless you are already a client of Akin Gump, no communication with Akin Gump or any Akin Gump lawyer that is made by use of the Site (including electronic mail received or sent through this website), or information from it, is a privileged or confidential communication. Akin Gump is not required to respond to or to maintain any such communication. You should not send us any confidential information in response to this Site. Such communications will not create a lawyer-client relationship, and whatever you disclose to us will not be privileged or confidential unless we have agreed to act as your legal counsel and you have executed a written engagement agreement with Akin Gump. The transmission and receipt of information contained on the Site, in whole or in part, or communication with Akin Gump via the Internet or e-mail through this Site is not intended to create and does not constitute a lawyer-client relationship between you and Akin Gump.
Please be advised that we cannot guarantee the confidentiality of any communication or material transmitted to us via the Site or via electronic mail. Accordingly, we suggest that you use caution when transmitting any information to us via the Internet. Akin Gump expressly disclaims any liability for damages resulting from third party interception of your communications with us via the Internet. If you choose to send us any information via the Site or via e-mail, you do so solely at your own risk.
Existing clients of Akin Gump are welcome to use the Site; provided, however, that by using the Site, you agree that: (a) the content contained on the Site and the documents generated through the Site are not legal or tax advice; (b) your use of this Site is entirely at your own risk, is based solely on the information you provide to the Site and is no substitute for contacting your attorneys at Akin Gump and obtaining legal advice; and (c) you irrevocably waive any right to claim that the content provided on the Site or any documents generated through the Site constitute legal services or legal advice.
For purposes of clarity, this Agreement relates solely to your use of the Site and, to the extent you have entered into an engagement letter with Akin Gump for the provision of legal services to you, this Agreement will not affect such engagement letter and such engagement letter will apply to Akin Gump’s provision of such legal services.
4. Copyright. Akin Gump and its licensors or other providers own all intellectual property on the Site, including all of their content, features, and functionality--including any information, software code, text, displays, images, video and audio, and the design, selection and arrangement of such material, and any documents, resources, recommendations, guidance, forms, policies, or other materials provided or generated through the Site (“Site Content”). Some of the Site Content may be the copyrighted work of third parties. The Site and all such Site Content are protected by United States and international copyright, trademark, and other laws and treaties, and may not be used except as permitted by this Agreement. No right, title, or interest in or to the Site is transferred to you, and all rights not expressly granted are reserved by Akin Gump. Any use of the Site not expressly permitted by this Agreement is a breach of its terms and may violate copyright, trademark, and other laws.
You may access and use the Site solely for its intended purpose, and not for any further reproduction or distribution, or use in connection with or on behalf of any other person or such person’s compliance obligations, or to provide advice or services of any kind.
Except to the extent such restrictions are prohibited by applicable law, you may not copy, reproduce, modify, adapt, disassemble, reverse engineer, decompile, distribute, sell, resell, lease, license, perform, display, transfer, transmit, stream, broadcast, create derivate works, translate, circumvent any anti-piracy technology or features that enforce limitations on use of, otherwise alter or attempt to discover the source code, object code, or other portion of, or otherwise use or exploit the Site, except as expressly permitted in this Agreement. You may not remove any copyright, trademark, or other intellectual property or other proprietary notices from any portion of the Site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of this Agreement, your right to use the Site will cease immediately and you must destroy any copies of the materials you have made.
Akin Gump respects the intellectual property rights of others and is committed to complying with United States copyright laws. Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). The DMCA provides recourse for owners of copyrighted material who believe their rights under United States copyright law have been infringed on the Internet.
If you believe that material available on the Site or residing on our system or network infringes a copyright of yours or a third party for whom you are authorized to act, please notify our Designated Agent by using the procedures described in the DMCA and below. After receiving notice, we may remove or disable access to any infringing material as provided for in the DMCA. Our Designated Agent under the DMCA may be contacted by email at dataprivacy@akingump.com.
5. Trademarks: Akin Gump owns and retains all rights in its trademarks, trade names, and trade dress which may be used on the Site, including company and product names, logos, slogans, and designs, which are registered and/or common law trademarks of Akin Gump and are protected by United States and international laws and treaties. No license to use such items is granted to you under this Agreement or by your use of the Site. Akin Gump will aggressively enforce its intellectual property rights to the fullest extent of the law.
All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners and are used in accordance with law and/or license or other agreement.
6. DISCLAIMER OF WARRANTIES: THE SITE AND SERVICES ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AKIN GUMP NOR ANY PERSON OR ENTITY AFFILIATED OR ASSOCIATED WITH IT (INCLUDING THE LICENSORS OF ANY THIRD PARTY CONTENT) MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SITE OR ITS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER AKIN GUMP NOR ANYONE ASSOCIATED WITH IT REPRESENTS OR WARRANTS THAT THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR EXPECTATIONS OR NEEDS.
AKIN GUMP DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, INCLUDING ESTABLISHING, PERFECTING, OR MAINTAINING COMPLIANCE WITH ANY PARTICULAR LAW OR LEGAL REQUIREMENT.
THE FOREGOING APPLY TO THE GREATEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND DOES NOT EXCLUDE OR LIMIT ANY WARRANTIES TO THE EXTENT THAT THEY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, IN WHICH CASE THE FOREGOING LIMITATIONS WILL APPLY SOLELY TO THE EXTENT LEGALLY PERMISSIBLE.
7. LIMITATION ON LIABILITY AND TIME TO FILE CLAIMS: AKIN GUMP’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH AKIN GUMP RELATING TO THIS AGREEMENT (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SITE AND ANYTHING RELATED TO, DONE, OR NOT DONE IN WHOLE OR IN PART IN RELIANCE UPON THE WHOLE OR ANY PART OF THE SITE) IS TO DISCONTINUE YOUR USE OF THE SITE. IN NO EVENT WILL AKIN GUMP, ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, OR DIRECTORS, OR AFFILIATES OR THEIR LICENSORS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO THE SITE, ANY TOOLS, PLATFORMS, APPLICATIONS OR OTHER CONTENT ON THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES. THIS LIMITATION INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF AKIN GUMP HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AKIN GUMP WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SITE OR THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
YOU UNDERSTAND AND ACKNOWLEDGE THAT AKIN GUMP WOULD NOT BE ABLE TO PROVIDE THE SITE AND CONTENT ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THE FOREGOING EXCLUSIONS, LIMITATIONS, AND DISCLAIMERS OF WARRANTIES LIABILITY, AND THAT ACCORDINGLY, SUCH EXCLUSIONS, LIMITATIONS, AND DISCLAIMERS REFLECT A REASONABLE ALLOCATION OF RISK UNDER THE CIRCUMSTANCES, AND WILL APPLY TO THE GREATEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.
8. Indemnification: You agree to defend, indemnify and hold harmless Akin Gump, its affiliates, licensors and service providers, and its and their respective officers, directors, partners, managers, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your use of the Site, including any violation of this Agreement or applicable law in connection therewith, infringement of any intellectual property rights or other proprietary rights, or dealings or transactions with other persons resulting from your use of this Site.
9. Linking and Framing. Akin Gump may provide links to certain Internet sites (the “Third Party Sites”) sponsored and maintained by third parties. Akin Gump is providing such links solely as a convenience to you. Accordingly, Akin Gump makes no representations concerning the content of the Third Party Sites. The fact that Akin Gump has provided a link to a Third Party Site does not constitute an endorsement, recommendation, authorization, sponsorship, or affiliation by Akin Gump with respect to the Third Party Site, its owners, or its providers. Akin Gump has not tested any information, software, or products found on any of the Third Party Sites and does not make any representations with respect thereto, including any representations regarding the content or sponsors of the Third Party Sites, or the suitability or appropriateness of the products or transactions described therein.
You shall not mirror, or frame the Site or any part of it. You shall not link to the Site on any other site, service or product which, as determined by Akin Gump in its sole discretion, (i) publishes, contains, broadcasts or promotes libelous, abusive, offensive, harassing, violent, inflammatory, threatening, defamatory, obscene, indecent, sexually explicit, pornographic, or otherwise objectionable materials (ii) promotes discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, age, or (iii) publishes, contains, broadcasts or promotes materials that could give rise to any civil or criminal liability under U.S. or international law. You also shall not link to the Site in such a way as to suggest any form of association, approval, or endorsement on Akin Gump’s or its licensors’ part. If Akin Gump notifies you of a violation of the foregoing sentence, you shall immediately take down the link to the Site.
10. Geographic Restrictions: We provide the Site for use only by parties located in the United States. We make no claims that the Site or any of their content is accessible or appropriate outside of the United States. Access to the Site by certain persons or in certain countries may not be legal. If you access the Site from outside the United States, you do so on your own initiative, at your own risk, and are responsible for compliance with local laws.
11. Use of “cookies.” This Site uses “cookies” to facilitate the Site user’s use of the Site. These are “session cookies” and are erased when you close your browser (unless the user clicks the “remember me” box so that the Site will remember the user on a later occasion). Akin Gump uses Google Analytics, which also sets cookies to gather information about how our site is used. We do not receive information about individual site users from Google Analytics. Google advises that Google Analytics cookies “do not collect personal data about website visitors.” https://developers.google.com/analytics/resources/concepts/gaConceptsCookies. For detailed information on the cookies used and the purposes for which they are used, see our Cookie Notice at https://www.akingump.com/en/cookie-notice.html. Other personal data from Site visitors is voluntarily provided.
12. Account Access & Security: You may be enabled or required to register and create an account in order to access certain content and functionality of the Site. If you choose to create an account, you must provide an email address and password and may be required to provide additional personal information. To protect your account security, you should choose a username and password that are not associated with your personal information.
You are responsible for maintaining the confidentiality of any password(s) you are given to access this Site or any portion hereof, and you are fully responsible for all activities that occur under your password(s). You agree to notify us immediately of any unauthorized use of your password(s). We reserve the absolute right not to issue a password to any person or entity. Any account you create is personal to you and you agree not to provide any other person with access to it. You should use caution when accessing your account from a public or shared computer so that others are not able to view or access your information. Akin Gump may disable an account at any time in its sole discretion.
Any information you provide to Akin Gump or input via the Site must be correct, current, and complete. You may be prompted to provide certain information on the Site to use the RegSpot tool. By submitting such information to the Site, you represent and warrant that you have all necessary right and authority to provide such information and that such information is not confidential. Our use of any such information is subject to our Privacy and Cookies Policy. Akin Gump cannot guarantee the security of any such information or the materials generated by the Site, and we cannot guarantee that such information or materials will not be deleted, lost or error free. By providing or submitting your information to the Site, you hereby grant Akin Gump, a nonexclusive, worldwide, royalty free, perpetual, non-revocable license to use your information in connection with the Site, including, without limitation, the right to: copy, transmit, edit, translate and reformat your information. You acknowledge and agree that Akin Gump may preserve and store your information and, to the maximum extent allowable by applicable law, may also disclose your information (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 Conditions of Use; (c) respond to claims that any information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Akin Gump, its users and the public.
Furthermore, Akin Gump may automatically collect information about you and your use and navigation of the Site. Akin Gump’s use of such information is governed by the Privacy Policy located at https://www.akingump.com/en/privacy-policy.html. You consent to Akin Gump’s use of such information consistent with the Privacy Policy.
Akin Gump reserves the right to withdraw or amend the Site, and any service or material provided on the Site, in its sole discretion without notice. Akin Gump will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, Akin Gump may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
13. Prohibited Uses. You may use the Site only for lawful purposes and in accordance with this Agreement. You agree not to use the Site: (a) in any way that violates any applicable law or regulation (including any laws regarding export of data or software to and from the United States or other countries); (b) for the purpose of exploiting, harming, or attempting to exploit or harm minors or any other person in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (c) to transmit, or procure the transmission of, any advertising or promotional material except as expressly permitted on the Site; (d) to impersonate or attempt to impersonate an employee of Akin Gump, another user, or any other person or entity; (e) to send, knowingly receive, upload, download, use, or re-use any material that (i) is libelous, abusive, offensive, harassing, violent, inflammatory, threatening, defamatory, obscene, indecent, sexually explicit, pornographic, or otherwise objectionable, (ii) promotes discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, age, or (iii) publishes, contains, broadcasts or promotes materials that could give rise to any civil or criminal liability under law; (f) to infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (g) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by Akin Gump, may harm Akin Gump or users of the Site, expose them to liability, or threaten the security of their personally identifiable information; or (h) to provide services, information, materials, resources or advice, including legal advice to any third person, directly or indirectly.
Additionally, you agree not to: (a) use the Site in any manner that could disable, overburden, damage, or impair the Site; (b) use any manual process or robot, spider or other automatic device, process or means to access, monitor, or copy all or any part of the Site for any purpose; (c) use any device, software, or routine that interferes with the proper working of the Site, including by the introduction of or attempted introduction of logic bombs, trojan horses, viruses, worms, or other malicious or harmful material or code to the Site or any server, computer, software, or database connected to the Site; (d) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site are stored, or any server, computer, or database connected to the Site, attack the Site via any denial-of-service attack; or (e) otherwise attempt to interfere with the proper working of the Site.
14. Termination. You agree that Akin Gump, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any of your information within the Site, for any reason (or for no reason), including, without limitation, for lack of use or if Akin Gump believes that you have violated or acted inconsistently with the letter or spirit of the Conditions 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. Akin Gump may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of these Conditions of Use may be effected without prior notice, and acknowledge and agree that Akin Gump may immediately deactivate or delete your account, and all related information and files in your account and/or bar any further access to such files or the Site.
15. Arbitration; Jury Trial Waiver: Any legal controversy or legal claim arising out of or relating to this Agreement, the Site, or any use thereof, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement, shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York City, New York, and in accordance with the “Governing Law” Section below. To the extent permitted by law, each party shall bear one-half of the arbitration fees and costs incurred through JAMS, and each party shall bear its own attorneys’ fees.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SITE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
16. Governing law: This Agreement shall be governed by the laws of the State of New York as applied to agreements made, entered into, and performed entirely in New York by New York residents, notwithstanding your actual place of residence.
17. Miscellaneous: In the event that any portion of this Agreement is held to be invalid or unenforceable, the such portion shall be construed in accordance with the 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. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Neither the course of conduct between you and Akin Gump, nor trade practice, shall act to modify any provision of this Agreement. This Agreement is not assignable, transferable or sublicensable by you. This Agreement comprises the entire and exclusive agreement between you and Akin Gump with respect to your use of the Site, superseding any prior agreements or negotiations between you and Akin Gump with respect to your use of the Site.