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Disclaimer

The information contained in this website is provided solely for the general interest of the viewers hereof regarding Ellenoff Grossman & Schole LLP (the "Firm"). Such information does not constitute nor should it be construed as legal advice or advertising, and such information is not a substitute for obtaining legal advice from an attorney licensed in your state.

The information contained in this website may not reflect current legal developments and is not necessarily complete or up to date. The Firm assumes no liability or responsibility for any errors or omissions in the content of this website. The Firm is not responsible for any third party content that may be accessed through or linked to this website. Further, the viewing of this website and the sending or receipt of this information does not create an attorney-clientrelationship between the Firm and any viewer of this website. Do not send the Firm confidential information via e-mail without first speaking with one of our lawyers and obtaining authorization to do so.

For more specific, comprehensive and up-to-date information, or for help with particular factual situations, you should seek the opinion of legal counsel licensed in your state. The Firm does not desire to represent clients based upon their review of any portions of this website that do not comply with legal or ethical requirements.

Viewers of this website may view, copy, download, and print portions of this web site, subject to the following conditions:

• The material may be used solely for personal, noncommercial, and informational purposes.
• The material may not be modified.
• The following copyright notice and permission notice must appear in each document:
  "© Copyright Ellenoff Grossman & Schole LLP. All rights reserved."

The material available from this website is protected by the copyright laws of the United States and international treaties. The attorney responsible for the content of this website is Douglas S. Ellenoff, who may be reached at (212) 370-1300.

Privacy Policy

IMPORTANT PRIVACY NOTICE

AND TERMS OF USE

Ellenoff Grossman & Schole LLP (“EGS,” “us” or “we”) provides this website to advertise and promote our services to the public.  As explained below, we collect information from you when you interact with our website for marketing and advertising purposes.  By using our website, you consent to our collection and use of information as explained in this Notice.  

Collection of Information

EGS collects non-personally identifiable information from you regarding your usage of our web site (“Non-Personally Identifiable Information”). Non-Personally Identifiable Information may include, without limitation, web site pages viewed, articles, presentation and videos viewed, time spent using certain features of the web site, demographic data such as server location, cookies existing on your computer, search criteria used and results, date, time, connection speed, and other information which does not specifically identify you. EGS also collects IP addresses, which are normally associated with the place from which you enter the Internet, such as your Internet service provider, your company or your university.  We collect this information by using cookies.  “Cookies” are pieces of information that may be placed on your computer by a website for the purpose of facilitating and enhancing your communication and interaction with that website.  

EGS also collects information from you when you view and interact with our website which may enable us to identify you personally (“Personally Identifiable Information”).  We may receive this information from you directly if you send us an email through the EGS website, or through Trovus and Google, as explained below.

We use a web intelligence service, Trovus, which is provided by White Label Intelligence Limited ("WLi").  Trovus collects data about your use of the EGS website using Javascript which will be transmitted to and stored by WLi on servers, including, the IP address of the computer from which you access the EGS website, which web site pages, articles, presentation and videos you view on the website, the time you spend using certain features of the website, demographic data such as server location, cookies existing on your computer, the search criteria you use on the website and results received, the date and time that you access the website and the speed of your connection to the website.  Trovus will also attempt to determine the name of the organization from which you access the website by taking your IP address and then resolving this to an organizational name using a reverse IP lookup. 

WLi will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for us and providing us with other services relating to website activity and internet usage.  WLi may also transfer this information to third parties where required to do so by law, regulation, legal process or governmental request, or where such third parties process the information on WLi's behalf.  WLi will not associate your IP address with any other data held by WLi and does not process any Personally Identifiable Information. By using this website, you consent to the processing of data about you by Trovus in the manner and for the purposes set out above.

We use Google Analytics, which uses first party cookies to report on your interactions with the EGS website. Google Analytics collects information including, but not limited to, the time of each of your visits to the EGS website, whether you have visited the EGS website before, what site referred you to the EGS website, and what pages you viewed on the EGS website.

In addition, we employ Remarketing with Google Analytics, which uses cookies from third-party vendors such as DoubleClick to enable them to serve ads based on your past visits to our website.  Through this service, we receive a report on which websites our targeted advertising appeared (“Advertising website”) as well as the referring website.  If you click on one of our targeted advertisements, we will receive additional information about you, including but not limited to, the IP address of the computer from which you access the Advertising website and content that you viewed on the Advertising website featuring our advertisement.  

Use of Information

You consent to our use and disclosure of any information submitted to us via the EGS website, or information collected when you access the EGS website in any manner permitted by law. EGS will use Personally Identifiable Information (1) to market our products and services to you, (2) to provide services and products requested by you, (3) to enable our vendors and contractors to provide and assist us in the marketing, operation, troubleshooting and analysis of our web sites and other services, and (4) to engage in any other lawful activities we believe are consistent with the foregoing. We may provide any of these services through third parties, which may necessitate sharing Personally Identifiable Information with them.

EGS may also use and disclose Personally Identifiable Information: to investigate and help prevent potentially unlawful activity or activities that threaten the integrity of our web sites or network; to protect and defend our rights or property or the rights or property of others; as required by courts or administrative agencies; and in connection with a financing, sale, merger, or reorganization of EGS’ business or assets. Any successor EGS to ours would acquire the information we maintain, including Personally Identifiable Information, and may alter the terms of this Privacy Notice and Terms of Use.

E-Mails

Any electronic communication sent to EGS may not be secure and thus may be disclosed. Accordingly, please do not send sensitive or confidential information electronically. In addition, the sending of electronic mail to any lawyer or other contact/address identified in the site does not create a client-attorney relationship, and the contents of any such mail are not privileged, unless the sender is a current client of EGS and the communication is sent pursuant to that relationship.

Third Party Websites and Services

The EGS website may contain links to other websites and services not maintained by EGS. In addition, other websites and services may also reference or link to the EGS website. We encourage you to be aware when you enter or leave our web site, or surf the Internet, and to read the privacy statements of each website and service that you visit. We do not endorse, screen, or approve, and are not responsible for the privacy practices or the content of, other websites or services.

Opt-out Policy

To opt-out of Trovus’ collection of data, set your web browser to block Javascript within the browser options/settings. Trovus may maintain information already collected in its database for several years.

You may stop or restrict the placement of EGS’s session cookies, Google’s cookies and third party cookies on your computer by adjusting your web browser preferences.  If you do so, you may still use our website, but this may interfere with some of its functionality.  

You may also clear cookies from your computer via your web browser settings.

You may also wish to use Google Ads Preferences Manager and a Google Analytics opt-out browser add on.  Information on these options is available at:  
http://support.google.com/analytics/bin/answer.py?hl=en&answer=2700409

We are not responsible for removing your Personal Information from the lists of any third party who has previously been provided your information in accordance with this Notice.

Security

We use reasonable efforts to secure access to Personally Identifiable Information in our possession, but will not be liable for any failure to safeguard such information, whether inadvertent or otherwise. Personally Identifiable Information is also stored with third parties who have informed us that they also use reasonable efforts to secure access to Personally Identifiable Information, but we will not be liable for the failure of any third party to safeguard Personally Identifiable Information, whether inadvertent or otherwise.

Children’s Privacy Policy

The EGS website is not intended for use by children, especially those under age 13. No one under age 13 is allowed to use the site, provide any personal information or receive our email distributions. We do not knowingly solicit or collect Personally Identifiable information from children or teenagers under the age of eighteen. Minors between the ages of 13 and 17 must get the permission of their parent(s) or legal guardian(s) before viewing our web site or receiving emails. If you believe that a minor has disclosed Personal Information to EGS, please report this to us by emailing ydilone@egsllp.com.

Changes to Notice

We reserve the right, in our sole discretion, to change, modify, add, or remove portions of this Notice and Terms of Use at any time.  Any changes or updates will be effective immediately upon posting to the web site. You should review this Notice and the Terms of Use regularly for changes, and can determine if changes have been made by checking the Effective Date below. Your continued use of our web site following the posting of any changes to this Notice and Terms of Use means you accept such changes.  

Terms of Use

We reserve the right to terminate or limit your access to the EGS website for any reason and in our sole discretion.  You agree not to modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the EGS website or the rights or use and enjoyment of the EGS website by any other person or entity in any manner.

Disclaimers

Your use and browsing in the EGS website are at your own risk.  Neither EGS nor any other party involved in creating, producing, or delivering the EGS website shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the EGS website.  Without limiting the foregoing, everything on the Site is provided to you “as is” without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.  Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.  Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

EGS assumes no responsibility for, and shall not be liable for, any damage your computer or other property on account of your access to, use of, or browsing in the EGS website or your downloading of any materials, data, text, images, video, or audio from the EGS website.

While EGS uses reasonable efforts to include accurate and up-to-date information in the EGS website, it makes no warranties or representations as to its accuracy.  EGS assumes no liability or responsibility for any errors or omissions in the content of the EGS website.

Indemnification

You agree to indemnify, defend and hold EGS and any of members, managers, partners, employees, affiliates, successors and assigns harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Privacy Notice and Terms of Use by you.

EGS reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with EGS in the defense of any such claim, action, settlement or compromise negotiations, as requested by EGS.

Applicable Law and Jurisdiction

The EGS website is maintained in the United States of America. By accessing the EGS website, you authorize the export of Personally Identifiable Information to the USA and its storage and us as specified in this Privacy Notice and Terms of Use.

This Privacy Notice and Terms of Use shall be governed by, construed and entered in accordance with the laws of the State of New York applicable to contracts deemed to be made within such state, without regard to choice of law or conflict of law provisions thereof.  All disputes with respect to this Privacy Notice and Terms of Use shall be brought and heard either in the New York State Courts located in the county of New York, New York, or the federal district court for the Southern District of New York.  You consent to the in personam jurisdiction and venue of such courts.  YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.

Effective Date

This Privacy Notice and Terms of Use was last updated on November 27, 2012.

Client's Rights

• You are entitled to be treated with courtesy and consideration at all times by your lawyer and the other lawyers and personnel in your lawyer’s office.
• You are entitled to an attorney capable of handling your legal matter competently and diligently, in accordance with the highest standards of the profession. If you are not satisfied with how your matter is being handled, you have the right to withdraw from the attorney-client relationship at any time (court approval may be required in some matters and your attorney may have a claim against you for the value of services rendered to you up to the point of discharge).
• You are entitled to your lawyer’s independent professional judgment and undivided loyalty uncompromised by conflicts of interest.
• You are entitled to be charged a reasonable fee and to have your lawyer explain at the outset how the fee will be computed and the manner and frequency of billing. You are entitled to request and receive a written itemized bill from your attorney at reasonable intervals. You may refuse to enter into any fee arrangement that you find unsatisfactory.
• You are entitled to have your questions and concerns addressed in a prompt manner and to have your telephone calls returned promptly.
• You are entitled to be kept informed as to the status of your matter and to request and receive copies of papers.
• You are entitled to sufficient information to allow you to participate meaningfully in the development of your matter.
• You are entitled to have your legitimate objectives respected by your attorney, including whether or not to settle your matter (court approval of a settlement is required in some matters).
• You have the right to privacy in your dealings with your lawyer and to have your secrets and confidences preserved to the extent permitted by law.
• You are entitled to have your attorney conduct himself or herself ethically in accordance with the Code of Professional Responsibility.
• You may not be refused representation on the basis of race, creed, color, religion, sex, sexual orientation, national origin or disability.