TERMS OF USE APPLICABLE TO:
Day Pitney LLP Website (www.daypitney.com)
The Employer’s Law Blog (www.employerslawblog.com)
(collectively, the “Day Pitney Sites”)

Each of the Day Pitney Sites identified above is owned and controlled by Day Pitney LLP (“Day Pitney,” “we” or “us”) , a law firm with offices in Massachusetts, Connecticut, New York, New Jersey, Washington, D.C., and Belgium, and attorneys licensed to practice in many jurisdictions.

By using any Day Pitney Site, you acknowledge that you have reviewed to your full satisfaction and understood these Terms of Use and the Day Pitney Privacy Policy, and you accept and are subject to these Terms of Use and the Day Pitney Privacy Policy. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE DAY PITNEY PRIVACY POLICY, DO NOT USE ANY OF THE DAY PITNEY SITES. If you breach any of the Terms of Use, your authorization to use the Day Pitney Sites automatically terminates, and you must immediately cease using any downloaded or printed materials. Day Pitney reserves the right to change the Terms of Use by posting new Terms of Use here and by changing the “Effective Date” at the end of the Terms of Use. Your use of the Day Pitney Sites is subject to the version of the Terms of Use posted here at the time of such use.

1. PURPOSE OF THIS SITE AND DISCLAIMER OF ATTORNEY-CLIENT RELATIONSHIP
The content published on the Day Pitney Sites is for educational and general informational purposes, only, and is not intended and should not be construed as legal advice. The Day Pitney Sites may be deemed advertising under applicable state laws. Text that Day Pitney publishes on the Day Pitney Sites may contain references or cross references to Day Pitney legal services that are not available in your jurisdiction. Such references do not imply that Day Pitney intends to offer services in your jurisdiction. If you have any questions, for the purpose of the attorney advertising rules or the availability of Day Pitney legal services in your jurisdiction, please contact Day Pitney LLP at 7 Times Square, New York, NY 10036, T: (212) 297 5800.

Day Pitney’s publication of content on the Day Pitney Sites does not constitute an offer to represent You, and you should not act, or refrain from acting, based on any information contained on any Day Pitney Site. The exchange of information through any Day Pitney Site does not create an attorney-client relationship with the Firm. New clients may only retain the Firm pursuant to a written retention agreement prepared for that company or individual. If you have not received from the Firm a written retention agreement, you are not a client of the Firm.

2. INTELLECTUAL PROPERTY RIGHTS
Day Pitney owns or licenses all materials available through the Day Pitney Sites, including all text, downloadable files, RSS feeds, HTML code, multimedia clips, images, graphics, icons, programming code, and the selection and arrangement of the contents of the Day Pitney Sites (collectively, the “Materials”). Unless otherwise indicated, all Materials are copyrighted © 2000-2010 and any unauthorized use of the Materials may violate copyright and other laws.

Subject to your agreement to abide by these Terms of Use, Day Pitney hereby grants to you a limited, non-transferable, non-exclusive right and license solely to:
  • display and reproduce (in printed form only) unaltered Materials published on any Day Pitney Site, for your personal, non-commercial, educational purposes, only;
  • if you are a prospective client of services offered by Day Pitney, display, reproduce and distribute within a single business organization unaltered Materials, or portions thereof, solely to the limited extent reasonably necessary to facilitate a decision of whether or not to transact business with Day Pitney; and 
  • if you are a news reporting organization, display, reproduce, modify and distribute limited portions of Materials published on any Day Pitney Site, as reasonably necessary for legitimate news reporting and commentary activities.
Except as expressly described in the limited license above, without the express written consent of Day Pitney, you may not modify, copy, distribute, transmit, display, publish, or create derivative works from the Materials or use the Materials for any purpose whatsoever. For consent to reuse any Materials, other than as expressly provided by the limited license above, please contact Day Pitney at Webmaster. Except for the limited license expressly granted to you in these Terms of Use or otherwise in writing, Day Pitney reserves for itself all other right, title and interest in and to the Materials.

To the extent reproduction of Materials is permitted, the following notice shall appear on all reproductions of such Material: "© 2000-2011 Day Pitney LLP. All Rights Reserved." All authorized reproduction of multimedia clips, images, graphics, or icons comprising a part of the Material must be executed to assure that such Materials are not distorted, modified or altered in any way whatsoever.

3. DISCLAIMERS AND LIMITATION OF LIABILITY
Your use of the Day Pitney Sites is exclusively at your own risk.

MATERIALS ON THE DAY PITNEY SITES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Materials on the Day Pitney Sites may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Day Pitney may also make improvements and/or changes to, or remove Materials at any time without notice. Notwithstanding the foregoing, Day Pitney assumes no obligation to update any information or Materials hosted on the Day Pitney Sites.

Day Pitney makes no representations whatsoever about any other web site which you may access through any Day Pitney Site. When you access a non-Day Pitney web site, please understand that it is independent from Day Pitney, and that Day Pitney has no control over the content on that web site. In addition, a link to a non-Day Pitney web site does not mean that Day Pitney endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

IN NO EVENT WILL DAY PITNEY BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF ANY DAY PITNEY SITE, OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, DAY PITNEY EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS YOU ACCESS OR DOWNLOAD MATERIALS FROM ANY DAY PITNEY SITE OR ANY HYPERLINKED WEB SITE.

4. NON-PROPRIETARY AND NON-CONFIDENTIAL TREATMENT OF INFORMATION YOU PROVIDE.
Day Pitney does not want to receive confidential or proprietary information from you through any Day Pitney Site.
Communications by You to Day Pitney or any of its attorneys or other professionals made through any Day Pitney Site may not be protected by the attorney client privilege. While communications from existing clients may be privileged, we recommend that You do not transmit confidential information to us via any Day Pitney Site. Such communications should be directed through appropriate email exchanges directly with the attorney at the Firm representing You or through other methods of communication.

Except for information that is received from existing clients of Day Pitney and protected by the attorney client privilege, please note that any information or material sent to Day Pitney through any Day Pitney Site will be deemed NOT to be confidential. By sending Day Pitney any information or material through a Day Pitney Site, you grant Day Pitney an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Day Pitney is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we ask your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law.

5. LINKS TO THIRD PARTY SITES
The Day Pitney Sites may contain links to other web sites or frame information from other web sites that are not under the control of Day Pitney. Day Pitney is providing these links and/or frames to You only as a convenience.

DAY PITNEY MAKES NO ENDORSEMENTS, WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER REGARDING THOSE SITES, INCLUDING THE PRODUCTS, SOFTWARE, MATERIALS, SERVICES, CONTENT OR ACCURACY OR APPROPRIATENESS OF CONTENT ON SUCH LINKED WEB SITES. YOUR DECISION TO ACCESS ANY SUCH OTHER WEB SITES SHALL BE ENTIRELY AT YOUR OWN RISK AND DISCRETION. IN PARTICULAR, PLEASE NOTE THAT THE POLICIES OF OTHER SITES LINKED FROM A DAY PITNEY SITE MAY BE MATERIALLY DIFFERENT THAN OUR TERMS OF USE, ESPECIALLY WITH RESPECT TO THE USE AND COLLECTION OF PERSONAL INFORMATION AND WITH RESPECT TO THE USE OF PROPRIETARY INFORMATION POSTED ON THAT SITE.

6. GUEST BLOGGERS
Certain of the Day Pitney Sites may contain views and opinions of invited guest bloggers who are not affiliated or associated with Day Pitney. The views or opinions of such guest bloggers are his/her own, and do not necessarily reflect the views, opinion, choices, or input of Day Pitney. Links to the guest bloggers are provided for convenience only. Day Pitney does not endorse or sponsor guest bloggers or their services or opinions in any way.

7. COMPLIANCE WITH LAW
You shall not use and/or access any Day Pitney Site or the Materials in any manner that will violate any applicable local, state, national, international or foreign law, including, but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents. You agree not to impersonate another person in your use of any Day Pitney Site or the sending of any e-mail to an address listed on any Day Pitney Site. You may not use any Day Pitney Site in any manner that could damage, disable, overburden or impair the site, interfere with any other party's use and enjoyment of any Day Pitney Site or compromise the integrity of, or otherwise modify, the Materials.

8. INDEMNITY
You agree to defend, indemnify and hold Day Pitney, its partners, employees, and authors of Materials, harmless from and against any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these Terms of Use by you or in connection with your use of any Day Pitney Site or the Materials.

9. INTENDED AUDIENCE
The Day Pitney Sites are intended for adult individuals only. Day Pitney does not target children under the age of 18 and does not seek to collect any personally identifiable information about children under the age of 18. We encourage and support the efforts of parents and legal guardians of children to monitor their children's internet usage and to caution them against providing personally identifiable information to any website over the Internet without permission.

10. CHOICE OF LAWS; CHOICE OF VENUE
The Day Pitney Sites (excluding any linked websites) are controlled by Day Pitney from its offices within the State of New Jersey, United States. You agree and acknowledge that your use of any Day Pitney Site, and all transactions occurring in connection with such sites, shall be deemed to have occurred and taken place solely in the State of New Jersey, United States. Further, You agree that all matters relating to access to, or use of, any Day Pitney Site, shall be governed by the laws of the State of New Jersey and the laws of the United States of America, without regard to the conflicts of laws principles. You also agree that any claim or cause of action arising out of or in any way relating to the Day Pitney Sites or your use thereof will be brought and maintained exclusively in the state or federal courts located in Morris County, New Jersey. By using any Day Pitney Site you agree to submit to the personal jurisdiction of any court located in Morris County, New Jersey, and agree to waive any and all objections to the exercise of jurisdiction over you by any such court and to venue in such courts.

11. SEVERABILITY; WAIVER; ENTIRE AGREEMENT
If any provision of the Terms of Use is invalid or unenforceable under applicable law, then it shall be, to the extent invalid or unenforceable, deemed omitted and the remaining provisions will continue in full force and effect. No waiver shall be deemed a continuing waiver or a waiver of any other term.

Unless specifically provided herein, the Terms of Use constitute the entire agreement between you and Day Pitney with respect to your use of any Day Pitney Site or the Materials. These Terms of Use shall supersede all prior agreements, understanding, negotiations and discussions, either oral or written, between the parties in respect of your use of any Day Pitney Site or the Materials.

12. STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of any Day Pitney Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

13. TERMINATION
Your license to access and use the Day Pitney Sites and the Materials shall automatically terminate if you are in breach of any of the Terms of Use. Day Pitney reserves the right, in its sole discretion, to terminate your access to the Day Pitney Sites, and to terminate your use of the Materials, or any portion thereof, at any time without notice. However, the failure of Day Pitney to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Further, Day Pitney reserves the right to your limit access or use of any portion of any Day Pitney Site, including any RSS feeds.

14. MISCELLANEOUS
If you discover a link on any Day Pitney Site that is not active or other information that You believe is out-of-date, we invite you to submit this information to us webmaster@daypitney.com.

The section titles in these Terms are for convenience only and have no legal or contractual effect. Day Pitney is committed to providing the best possible experience for users of our Site.

If You observe material that You believe may be infringing another's rights, please contact Webmaster, Day Pitney LLP, One Jefferson Road, Parsippany, NJ 07054-2891 or by emailing webmaster@daypitney.com.

Effective: January 1, 2010