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Website Terms of Use

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1. Overview

These terms of use (“Terms of Use”) are entered into between you (“you” and “your”) and Miller Nash LLP (“Miller Nash” or “we”). The Terms of Use govern your access to and use of the Miller Nash website at https://www.millernash.com, and any other website, social media pages, apps, or other digital medium owned or operated by Miller Nash, including any content, functionality and services offered on or through it (the “Site”). By using the Site, you agree to be bound and abide by these Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Site.

Miller Nash reserves the right to make changes to the Site and to the Terms of Use at any time. All changes are effective immediately when posted. Your continued use of the Site following the posting of the revised Terms of Use means that you accept and agree to the changes.

All Site Content (as defined below) is current as of the date it is posted on the Site to the best of Miller Nash’s knowledge.

2. No Legal Advice

The materials on the Site are for informational purposes only and not for the purpose of providing legal advice. You should not consider any information on the Site as legal advice. You should consult an attorney with respect to advice applicable to your particular situation or issue. Opinions expressed on or through the Site are the opinions of the individual author only and may not reflect the opinion of the firm, its attorneys, or its clients.

Use of the Site is not intended to create an attorney-client relationship between Miller Nash and users of this Site. Please do not send us any information you regard as confidential because we do not have a duty to treat non-client information as confidential and will not do so, except as described in our Privacy Notice.

3. Privacy Notice

All Personal Information Miller Nash collects on the Site is subject to our Privacy Notice. By using the Site, you acknowledge having read the Privacy Notice. To the extent there is a conflict, the Terms of Use supersede the Privacy Notice. Terms like “Personal Information” that are in these Terms of Use, but not defined here, are defined in the Privacy Notice.

4. Eligibility

You must be at least 18 years of age to use the Site. If you are under 18 years of age (or the age of legal majority where you live), you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to the Site. If you use the Site on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

5. Intellectual Property

The Site and its entire contents, data, features, and functionality (including but not limited to text, graphics, video, logos, button icons, databases and images) (“Site Content”) are the property of Miller Nash or its licensors and are protected by copyright, trademark, and other intellectual property laws, except as indicated below.

The Miller Nash name and related logos are trademarks and service marks (“Marks”) of Miller Nash. Miller Nash's Marks may not be used without advance written permission of Miller Nash, including in connection with any product or service that is not Miller Nash's, in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Miller Nash. Other products or company names mentioned on the Site may be trademarks or service marks of their respective owners.

If you believe that any content on the Site violates your intellectual property rights, please notify Miller Nash as described in Section 19.

6. Limited License And Prohibited Uses

Miller Nash grants you a personal, royalty-free, non-assignable, and non-exclusive license to access and use the Site Content in the United States only as an informative resource while using the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display, or performance of Site Content without prior permission of Miller Nash is strictly prohibited. You may not download, print, copy, distribute, or otherwise use Site Content for commercial purposes, including publication, sale, or personal gain. You may not remove any Mark or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Site Content.

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree that you will not:

  • Use the Site in any way that violates any applicable federal, state, local or international law or regulation.
  • Use the Site for the purpose of exploiting, harming, or attempting to exploit or harm anyone in any way.
  • Send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Terms of Use.
  • Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” or “spam,” or any other similar solicitation.
  • Impersonate or attempt to impersonate Miller Nash, a Miller Nash employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by Miller Nash, may harm Miller Nash or users of the Site or expose them to liability.
  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider, or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without Miller Nash’s prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

7. Account Registration

To apply for a job through the Site, you may be asked to provide registration details or other Personal Information. It is a condition of your use of the Site that all Personal Information you provide is complete, current, and accurate. All Personal Information you provide to register with the Site or otherwise is governed by our Privacy Notice, and you consent to all actions Miller Nash takes with respect to your Personal Information consistent with our Privacy Notice.

8. Use and Protection of Login Credentials

You are responsible for maintaining the confidentiality of your user name and password (“Login Credentials”), if applicable. You are responsible for all uses of your account and Login Credentials, whether or not authorized by you. You agree to notify Miller Nash immediately of any unauthorized access to or use of your account or Login Credentials or any other breach of security. Miller Nash reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in Miller Nash’s opinion, you have violated any provision of these Terms of Use.

9. User Contributions

The Site may contain comment sections, message boards, forums, bulletin boards, and other interactive features (“Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (“User Contributions”) on or through the Site.

All User Contributions must comply with the content standards set out below.

Any User Contributions you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contributions on the Site, you grant us and our affiliates and service providers, and each of their and our licensees, successors, and assigns the perpetual right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.
  • You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Miller Nash, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

10. Disclaimer And Limitation of Liability

WHILE MILLER NASH ATTEMPTS TO PRESENT ACCURATE INFORMATION ON THE SITE, THIS SITE IS PROVIDED ON AN “AS-IS” BASIS. MILLER NASH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR CONTENT OF THIS SITE OR ANY OTHER SITE TO WHICH IT IS LINKED. TO THE EXTENT PERMITTED BY LAW, MILLER NASH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MILLER NASH, ITS ATTORNEYS, AND ITS EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR ANY SITE FOR WHICH IT PROVIDES LINKS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOUR SOLE REMEDY UNDER THESE TERMS OF USE IS TO STOP USING THE SITE. FROM TIME TO TIME, MILLER NASH MAY RESTRICT YOUR ACCESS TO SOME PARTS OF THE SITE, OR THE ENTIRE SITE, FOR ANY REASON. MILLER NASH WILL NOT BE LIABLE FOR ANY REASON IF ALL OR ANY PART OF THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY, WHETHER BY STATUTE, IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO USE OF THIS SITE EXCEED THE GREATER OF ANY COMPENSATION YOU PAY US, IF ANY, FOR ACCESS TO OR USE OF THIS SITE, OR FIFTY DOLLARS ($50.00).

11. Links To Other Web Sites

Miller Nash may provide links to external websites for the convenience of Site users. The inclusion of an external link on the Site does not constitute or imply support or endorsement of any kind. Miller Nash does not control those websites, is not responsible for their content or function, and is not responsible for any loss or damage that may arise from your use of them. If you decide to access the third party sites linked to the Site, you do so entirely at your own risk and are subject to the terms and conditions of use for such sites.

12. International Access

The Site may be accessed from countries other than the United States. The Site may only be available for use in certain international locations. If you access and use this Site outside the United States, you are responsible for complying with your local laws and regulations. We make no representation that any part of the Site is appropriate or available for use in other locations. Users may not download, use, export, or re-export any Site Content on or through the Site in violation of any applicable laws or regulations, including, without limitation, United States export laws, regulations, and controls.

13. Indemnification

You agree to defend, indemnify, and hold harmless Miller Nash, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any liabilities, damages, judgments, awards, losses, costs, third-party claims, expenses and fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your content, any use of the Site Content, and services and products other than as expressly authorized in these Terms of Use.

14. Limitation On Time To File Claims

ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED.

15. Injunctive Relief

You agree that a breach of these Terms of Use will cause irreparable injury to Miller Nash for which monetary damages would not be an adequate remedy and Miller Nash shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security or prove damages.

16. Waiver And Severability

No waiver by Miller Nash of a term or condition set forth in these Terms of Use shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Miller Nash to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

17. Entire Agreement

The Terms of Use constitute the sole and entire agreement between you and Miller Nash with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.

18. Applicable Law, Binding Arbitration, and Class Action and Jury Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

Any claim arising out of or relating to this agreement, the Site or Terms of Use shall be settled by binding arbitration under the rules of the Arbitration Service of Portland, Inc. then in effect. Judgment may be entered on an arbitration award by any court with jurisdiction. This arbitration provision is governed by the Federal Arbitration Act.

Any claim subject to arbitration must be arbitrated on an individual basis and not on a class or consolidated basis. Claims of more than one user may not be arbitrated jointly or consolidated with those of any other user.

To the extent any claim is determined to not be subject to arbitration, the claim shall be tried to a court situated in Multnomah County, Oregon on an individual basis and not on a class or consolidated basis AND ANY RIGHT TO A JURY TRIAL IS WAIVED.

The laws of the State of Oregon govern these Terms of Use and any disputes under them, without giving effect to any principles of conflicts of laws.

19. Communications and Contact Information

Miller Nash may contact you regarding these Terms of Use or the Privacy Notice using any Personal Information you provide, or by any other means if you do not provide contact information. If you no longer wish to receive communications from Miller Nash, you can click on the “unsubscribe link” provided in such communications.

For all other feedback, comments, requests for technical support, and other communications relating to the Site, these Terms of Use, and the Privacy Notice, please contact us at privacy@millernash.com or by mail at:

Miller Nash LLP
ATTN: GENERAL COUNSEL
3400 US Bancorp Tower
111 SW Fifth Avenue
Portland, OR 97204

EFFECTIVE DATE: February 2, 2024

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