Kutak Rock LLP (“Kutak,” “our,” “we,” or “us”) owns and operates the website www.kutakrock.com. These terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern all access to and use of kutakrock.com and any other websites, mobile applications, or online services where these Terms of Use are posted (each referred to herein as the “Website”) by users of the Website (“you”).

Please read these Terms of Use carefully. We may update these Terms of Use from time to time without any notice to you. It is your responsibility to monitor this Website for updates to these Terms of Use, as your use of this Website constitutes your acceptance of them.

1. No Attorney-Client Relationship.

1.1. Kutak Rock has created this Website for informational purposes only.  Nothing on this site is intended to create, and it shall not create, an attorney-client relationship with Kutak Rock.  Any information communicated to Kutak Rock through the Website may not be secure, shall not create an attorney-client relationship with Kutak Rock and any information conveyed prior to establishing an attorney-client relationship with Kutak Rock may not be privileged or confidential.

1.2. All information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. For more information, please see Section 6 below.

2. Intellectual Property Rights.

2.1. The Website and its entire contents, features and functionality (including but not limited to all information, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Kutak and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

2.2. These Terms of Use permit you to use the Website for non-commercial purposes only. You may view, save, or print any portion of the site for personal, non-commercial use only. Any other use is prohibited.

2.3. The Kutak name and all related logos and designs are trademarks of Kutak. You must not use such marks without prior written permission of Kutak. All other names, logos, and designs on this Website are trademarks of their respective owners.

3. Prohibited Uses. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to:

3.1. use the Website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data to and from the US or other countries);

3.2. use the Website to impersonate or attempt to impersonate Kutak, a Kutak employee, or any other person or entity;

3.3. use the Website to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us in our sole discretion, may harm Kutak or users of the Website, or expose them to liability;

3.4. copy, alter, modify, adapt, or create derivative works from any part of the Website;

3.5. use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage with the Website;

3.6. use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material from the Website;

3.7. use any device, software or routine that interferes with the proper working of the Website;

3.8. introduce any viruses, Trojan Horses, worms, logic bombs or other material which is malicious or technologically harmful;

3.9. probe, scan or otherwise test the vulnerability of the Website;

3.10. attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored or any server, computer or database connected to the Website;

3.11. attack the Website or Service via a denial-of-service attack or a distributed denial-of-service attack; or

3.12. otherwise attempt to interfere with the proper working of the Website.

4. Accuracy of Information. To the extent that you provide information to Kutak using the Website’s features, you agree to provide Kutak with accurate information and not to impersonate or otherwise misrepresent your association or affiliation with any person, organization or entity.

5. Disclaimer of Warranties.

5.1. YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER KUTAK NOR ANY PERSON ASSOCIATED WITH KUTAK MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER KUTAK NOR ANYONE ASSOCIATED WITH KUTAK REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

5.2. KUTAK HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

5.3. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

6. Privacy. Kutak values your privacy and is committed to protecting it. As such, all information collected on or in connection to the Website are governed by the Privacy Policy (available at [ ]). By accessing or using the Website, you consent to the collection and use of your information as described in the Privacy Policy.

7. Age Limitation. The Website is intended for use by adults age eighteen and older only. Users under the age of 13 are prohibited from using the Website.

8. Remedies.

8.1. Kutak reserves the right to take any action that it deems reasonably appropriate with regard to the Website or any content or materials that you post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) on or through the Website (collectively, “User Contributions”), including but not limited to the rights to:

8.1.1 Remove or refuse to post User Contributions for any or no reason in our sole discretion;

8.1.2 disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;

8.1.3 take appropriate legal action, including without limitation, to refer you or any other user to law enforcement or to file a claim in a court of competent jurisdiction, for any illegal or unauthorized use of the Website;

8.1.4 issue a warning to you; or

8.1.5 immediately, temporarily, or permanently terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

8.2. Without limiting the foregoing, Kutak reserves the right to cooperate fully with any law enforcement authorities or court order requesting or directing Kutak to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS KUTAK FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY KUTAK DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER KUTAK OR ANY LAW ENFORCEMENT AUTHORITY.

8.3. Kutak does not undertake to review all User Contributions before they are posted on the Website, and cannot ensure the prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

8.4. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, 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, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

8.5. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. Governing Law and Jurisdiction.

9.1. All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Nebraska without giving effect to any choice or conflict of law provision or rule whether of the State of Nebraska or any other jurisdiction.

9.2. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Nebraska, in each case located in the City of Omaha and County of Douglas, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of personal jurisdiction over you by such courts and to venue in such courts.

Severability. In the event that any court of competent jurisdiction finds any provision of these Terms of Use to be unenforceable as a matter of law for whatever reason, the enforceability of the remaining terms shall not be affected.

Copyright © 2018. Kutak Rock LLP.
All Rights Reserved.

Kutak Rock has created this Website for informational purposes only.  Nothing on this site is intended to create, and it shall not create, an attorney-client relationship with Kutak Rock.  Any information communicated to Kutak Rock through the Website may not be secure, shall not create an attorney-client relationship with Kutak Rock and any information conveyed prior to establishing an attorney-client relationship with Kutak Rock may not be privileged or confidential.