Introduction
The ConsortiumInfo.org website (“Website”) provides a broad and detailed source of information regarding standard setting, consortia and open source development for the convenience of interested users. This “Terms of Use and Privacy Statement” (referred to below as the “Terms of Use”) has been written to describe the conditions under which this Website is being made available to you. The Terms of Use discuss, among other things, how data obtained during your visit to this Website may be collected and used. The Terms of Use also discuss important limitations about the way you may use materials you find on the Website. Please read the Terms of Use carefully. By using this Website, you will be deemed to have accepted these terms. If you do not accept the Terms of Use, you are directed to discontinue accessing or otherwise using the Website or any materials obtained from it.
Advertising disclaimer
The materials on this Website may constitute advertising under various state legal ethics rules.
Site owner and Affiliates
This Website is owned by Gesmer Updegrove LLP, a Boston law firm (the “Firm”). When we use the words “we” or “us” below, they refer to the Firm and its partners, employees, agents, information providers and licensors; and any other sponsor of this Website; unless otherwise specifically stated.
Some parts of this Website discuss legal matters. The Firm is providing the information on the Website for informational purposes only; the Website is not intended to provide any legal advice, and all information displayed at this site is presented “as is”. Accordingly, neither the Firm makes no representation that any of the information at this Website is complete, up-to-date, error-free, or applicable to your situation. For example, an article published on the Website may not cover all aspects of a given topic, may not reflect recent developments in the law, or may otherwise fail to give an accurate picture of how the law relates to your particular circumstance. Therefore, you should not rely on any of the materials in the Website when making decisions with legal implications. Before making such decisions, you should consult with a qualified legal professional, who can provide advice tailored to your individual situation.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS WEBSITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF ANY OF US EXCEED $10.00.
You are not entering into an attorney-client relationship by using the Website
Your use of the Website does not create an attorney-client relationship between you and the Firm or any of its attorneys. If you wish to engage the Firm, or if you have legal questions, please contact the Firm directly at the address below. Please do not send us confidential information without first receiving the Firm’s permission. Otherwise, the information you convey may no longer be deemed confidential and may, among other things, be subject to discovery by third parties.
You may reach the Firm at:
Andrew Updegrove
Gesmer Updegrove LLP
40 Broad Street
Boston, MA 02109
Telephone: (617) 350-6800
Email: Andrew.updegrove@gesmer.com
We are not responsible for third-party websites
This Website includes links to a very large number of third-party websites (“Third Party Links”) for the convenience of users. However, we not endorsing any of these third-party sites and do not intend to imply any association between any of us and any party or parties running any of these sites. In addition, we do not control these third-party websites and cannot represent that their policies and practices will be consistent with these Terms of Use.
For example, other websites may collect or use personal information about you in a manner different from that described in these Terms of Use. Finally, materials available through Third Party Links may be protected from unauthorized copying and dissemination by U.S. copyright law, trademark law, international conventions, and other intellectual property laws and the usage of such materials may be subject to limitations which are more or less restrictive than those expressed herein. Therefore, you should use other websites with caution, and you do so at your own risk.
We may modify these Terms of Use at any time
The process of maintaining a website is an evolving one, and we may decide at some point in the future to modify these Terms of Use. Your use of the Website, or materials obtained from the Website, indicates your assent to the Terms of Use effective at the time of such use. The effective Terms of Use will be posted on the Website, and therefore, you should check the Website regularly for any changes.
This Website uses cookies for internal purposes related to its operation
This Website uses small files called “cookies” to track information useful in the operation of the Website. Specifically, the Website uses cookies to gather data regarding Website usage, such as the number of users who have visited individual Website pages. While your numeric “IP address” is available to these cookies, the cookies have no way of associating any data collected with your name, email address, or information that identifies you personally. No cookie used by the Website collects or distributes personal information to third parties for marketing purposes.
The Firm does not sell any personal information that you may submit to the Website to any third parties.
The only personal information that the Website regularly collects is your name and email address if you choose to fill in a subscription form on our Website (e.g., subscribing to our newsletter and receiving notices of new blog posts). The Website does not collect any of your personal information without your knowledge or consent.
Information received from Website users may be incorporated into a ConsortiumInfo.org database both to keep track of users and for any other purpose to which you consent. This information will not be sold to third parties for marketing purposes or otherwise disclosed to third parties; however, if this Website is sold in the future, or is conveyed to another organization to continue ConsortiumInfo.org’s mission, all databases would be included in such a sale or conveyance. Further, at your request, the Firm will remove your subscription information from our database or correct any inaccuracies in that information. To do so, either respond to the “unsubscribe” link in a ConsortiumInfo.org mailing, or email your request to the Firm directly at Andrew.updegrove@gesmer.com.
Unless otherwise specifically provided in these Terms of Use or elsewhere at this Website, we have no obligation of any kind with respect to any communication, material, or feedback (e.g., comments that you might enter in relation to a blog post) with regard to the content of this Website you submit, and the Firm will be free to display, reproduce, use, disclose and distribute the content to others without limitation and without obligation to compensate you.
Finally, please be aware that under certain circumstances, it is possible that your personal information may be subject to disclosure pursuant to judicial or other government subpoenas, warrants, or orders. We may also disclose your personal information if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Gesmer Updegrove, our clients, or others.
Website security
The Firm makes prudent efforts to protect personal information submitted by users of the Website, including using firewalls and other security measures on its servers. However, no server is 100% secure, and you should take this into account when submitting personal or confidential data about yourself on any website, including this Website.
Children’s privacy
The Children’s Online Privacy Protection Act (COPPA), which went into effect in April 2000,
requires operators of certain web sites to do several things before collecting information from children under the age of 13. Neither this Website nor the Firm provide services to individuals under thirteen years of age, nor do we intend to collect any Private Information from such individuals.
Digital Millennium Copyright Act
The Firm’s Copyright Agent under the Digital Millennium Copyright Act for notice of claims of copyright infringement on or regarding this Website can be reached as follows:
Copyright Agent:
Gesmer Updegrove LLP
Attn: Andrew Updegrove
40 Broad Street
Boston, MA 02109
Tel: (617) 350-6800
Fax: (617) 350-6878
Email: Andrew.updegrove@gesmer.com
You can use materials authored by us which you find on this Website, with certain restrictions
There are two types of materials which are accessible through this site: materials hosted at this site, and materials which you view as a result of following the links which exist at this site. The rules are different for each type of material, as follows:
Information hosted at Linked Sites. We do not have the right to grant you permission of any kind with respect to materials found at linked sites. All materials found at such sites can be assumed to be protected from unauthorized copying and dissemination by U.S. Copyright law, trademark law, international conventions, and other intellectual property laws, unless clearly indicated to the contrary. Any rights that you may have to make any use of materials found at linked sites, other than viewing the material through your web browser, will be only as provided at the linked site.
Information hosted at our Website. This Website and all content (including, but not limited to the text, information, software, code, images, and any other content) owned by, or licensed to the Firm are also protected from unauthorized copying and dissemination by U.S. Copyright law, trademark law, international conventions, and other intellectual property laws. Subject to your full compliance with these Terms of Use and any applicable further restrictions contained in the materials in question, however, you are allowed to view, copy and print the materials hosted at this Website for your own personal, legal, non-commercial use, as long as you retain any copyright, trademark and other similar notices on the materials and do not modify them in any way. We are generally happy to provide permission to republish material found in this site upon prior request. If you wish to republish any content, please contact Andrew Updegrove by email at Andrew.updegrove@gesmer.com.
Governing Law
You agree that these Terms of Use and Privacy Policy and any dispute arising out of or related to your use of this Website will be governed by the laws of the Commonwealth of Massachusetts, without regard to any choice-of-law provision that could otherwise cause the laws of any other jurisdiction to be applied. You also agree that state or federal courts located in Boston, Massachusetts will have exclusive jurisdiction and venue over any action arising out of or relating to your use of this Website. You waive any claim that a court located in Boston, Massachusetts lacks personal jurisdiction over you, is an improper venue, or is an inconvenient forum. Moreover, you must bring any action you may have against the Firm within one year after the cause of action arises.