Website Terms of Use

Last Updated: November 12, 2024

  1. Acceptance of Terms

    These Website Terms of Use (these “Terms”) govern your access to websites and related services
    operated by or on behalf of Snell & Wilmer L.L.P. (“Snell,” “we,” or “us”). These Terms are important
    and affect your legal rights, so please read them carefully (including the arbitration and class action
    waiver provisions). Note that Section 14 of these Terms contains a mandatory arbitration provision that
    requires the use of arbitration on an individual basis and limits the remedies available to you in the event
    of certain disputes.
    By accessing or using swlaw.com and our various related websites (collectively, the “Services”), you
    agree to be bound by these Terms and all of the terms incorporated herein by reference.
    The Services are not directed towards and not meant to be accessed or utilized by children. You must be
    18 years of age or older and reside in the United States or any of its territories to use the Services. By
    accepting these Terms, you represent that you have the legal authority to do so, and that, if you have
    accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do
    so and that such person or entity agrees to be responsible to us if you or such person or entity violates
    these Terms. If you do not agree to every provision of these Terms, you may not, and we do not authorize
    you to, access or use the Services or any features provided therein.
    You should not construe Snell’s publication of any content found on the Services as an endorsement by us
    of the views expressed therein, or any warranty or guarantee of any strategy, recommendation, treatment
    or action made by the author of such content.
    We may revise these Terms at any time for any reason and may provide you notice of these changes by
    any reasonable means, including through the Services. You can determine when we last updated these
    Terms by referring to the “Last Updated” legend at the top of these Terms. Except to the extent that your
    express consent to any revised Terms is required under applicable law, by continuing to access, browse,
    or use the Services, you agree to any revised Terms. If you do not agree to any revised Terms, you may
    not, and we do not authorize you to use the Services. We strongly recommend that you periodically visit
    this page to review these Terms.

  2. User Provided Data

    In order to access and use certain areas or features of the Services, such as the Contact Us page as an
    example, you may need to provide certain information and/or answer certain questions.
    You agree to (a) provide accurate, current, and complete information; (b) maintain and promptly update,
    as necessary, your information; (c) be responsible for the acts or omissions of any third party who has
    authority to access or use the Services on your behalf; and (d) immediately notify us if you discover or
    otherwise suspect any security breaches related to the Services. If you provide information that is untrue,
    inaccurate, not current or incomplete, we may suspend and/or terminate your current or future use of the
    Services.
    By providing information and/or answering questions, you consent to receive electronic communications
    from Snell (e.g., via email or by posting notices to the Services). You should maintain copies of
    electronic communications from us for this purpose by printing a paper copy or saving an electronic copy.

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    We may also send you promotional communications via email, including, but not limited to, newsletters,
    special offers, surveys, and other news and information we think will be of interest to you. You may opt
    out of receiving these promotional communications at any time by following the unsubscribe instructions
    provided therein.

  3. Right to Access and Use the Services and Content

    Unless otherwise indicated in writing by us, the Services and all content and other materials contained
    therein, including, without limitation, any service mark, logo, all designs, text, graphics, pictures,
    information, data, software, other files, and the selection and arrangement thereof (collectively,
    “Content”) are the property of or our licensors or users, as applicable, and are protected by U.S. and
    international copyright and other laws.
    Subject to these Terms, you are hereby granted a limited personal, revocable, non-exclusive, non-
    transferable, non-sublicensable right to access, view, and make personal, non-commercial use of the
    Services and Content. All rights not expressly granted herein are reserved. You do not acquire any
    ownership interest in the Services or Content under these Terms, or any other rights thereto, other than to
    use the Services in accordance with the rights granted by, and subject to all terms, conditions, and
    restrictions of these Terms.
    You do not have any right to, and you shall not, directly or indirectly: (a) sell, resell, or use commercially
    the Services or Content; (b) distribute, publicly perform, or publicly display the Services or any Content;
    (c) modify or otherwise make any derivative uses of the Services or Content, or any portion thereof; (d)
    use any data mining, robots, or similar data gathering or extraction methods; (e) download (other than
    page caching) any portion of the Services or Content, except as expressly permitted by us; (f) use the
    Services to stalk, threaten, or otherwise violate the rights of others, including without limitation others’
    privacy rights or rights of publicity; (g) interfere with the Services or servers or networks used in
    connection with the Services; or (h) use the Services or Content other than for their intended purposes.
    Any use of the Services or Content other than as specifically authorized herein, without our prior written
    permission, is strictly prohibited and will terminate the right of access and use granted herein. Such
    unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark
    laws, and applicable communications regulations and statutes. Except as expressly permitted herein,
    nothing in these Terms shall be construed as conferring any right or license to any patent, trademark,
    copyright, or other proprietary rights of Snell or any third party, whether by estoppel, implication, or
    otherwise.
    You will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights
    notices incorporated in or accompanying any Content and you will not reproduce, modify, adapt, prepare
    derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or
    otherwise exploit any Content.
    We reserve the right in our sole discretion to modify, suspend, or discontinue, temporarily or
    permanently, the Services (or any features or parts thereof) at any time.

  4. Trademarks

    The logo, and any other product or service names, trademarks, logos, or other indicia that may appear on
    the Services (“Marks”) are the property of Snell and/or its subsidiaries, affiliates, or third parties, and
    may not be copied, imitated, or used, in whole or in part, without our prior written permission. Nothing
    contained in these Terms and/or the Services shall be construed as granting, by implication or otherwise,

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    any license or right to use any such Marks without the prior written permission of Snell or such third
    party that may own such Marks.

  5. Legal Requirements; Privacy Policy

    Our Privacy Policy describes how we handle the personal information you provide to us when you use the
    Services. For an explanation of our privacy practices, please visit our Privacy Policy located at
    https://www.swlaw.com/privacy-policy/.

  6. User Content

    You are solely responsible and liable for all data, information, and other materials (“User Content”) that
    you submit, upload, post, email, or otherwise transmit (“Transmit”) in connection with the Services. In
    addition, we have no control over, and shall have no liability for, any damages resulting from the use
    (including without limitation, republication) or misuse by any third party of information made public
    through the Services. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER
    CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE
    NO LIABILITY THEREFOR.
    You agree that you will not, and will not permit anyone else to, directly or indirectly: (a) Transmit any
    User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious,
    defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s
    privacy, racially, ethnically, or otherwise objectionable; (b) Transmit any User Content: (i) that you do
    not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without
    limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent,
    copyright, trademark, or other intellectual property right or misappropriates any trade secret or right of
    privacy of any third party; (iii) that constitutes unsolicited or unauthorized advertising or promotional
    materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code,
    instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or
    data; or (c) forge headers or otherwise manipulate identifiers in order to disguise any User Content
    Transmitted through the Services.
    Although we have no obligation to screen, edit, or monitor User Content, we reserve the right, and have
    absolute discretion, to remove, screen, or edit User Content posted or stored on the Services at any time
    and for any reason, and you are solely responsible for creating backup copies of and replacing any User
    Content you post or store on the Services at your sole cost and expense.

  7. Rights in User Content

    We do not claim any ownership interest in User Content. However, by uploading, posting, or submitting
    User Content to the Services or to our pages or feeds on third-party social media platforms (e.g.,
    Facebook page, LinkedIn page or X formerly Twitter feed), you hereby grant a nonexclusive, royalty-
    free, worldwide, perpetual, irrevocable, and fully sublicensable right and license to use, reproduce,
    modify, adapt, publish, translate, create derivative works from, distribute, perform, and publicly display
    your User Content, in whole or in part, in any manner or media and for any purpose whatsoever at our
    sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business,
    illustration, artistic, and other commercial and noncommercial purposes. However, Snell will only share
    personal information that you provide in accordance with our Privacy Policy.
    You agree that Snell may disclose or use any User Content for any purposes permitted under applicable
    law, including, but not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations, or

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    rules of any federal, state or local government or agency; (c) responding to claims that any User Content
    violates the rights of third parties; or (d) protecting the rights or property of its customers or the public.

  8. Feedback

    Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original
    or creative materials, or other information about Snell, or the Services (collectively, “Feedback”).
    Feedback shall become the sole property of Snell. Snell shall own exclusive rights, including, without
    limitation, all intellectual property rights, in and to Feedback and shall be entitled to the unrestricted use
    and dissemination of Feedback for any purpose, commercial, or otherwise, without acknowledgment or
    compensation to you.

  9. Third-Party Sites

    We have not reviewed all the websites linked to the Services and are not responsible for the content of
    any third-party pages, any other websites linked to the Services, or any products or services offered by
    third parties. Nothing in the Services, including, without limitation, any links to other websites, should be
    construed as an endorsement by Snell of any products, services, or information of any other persons or
    companies. Your choice to access a link to any other website is at your own risk, and you agree to
    comply with all terms and conditions relating to such websites. Snell reserves the right not to link, or to
    remove the link, to a particular website at any time.
    Any links to third-party websites are provided as a convenience to you and are neither owned nor
    operated by Snell. We have no control over these linked websites and make no representations or
    warranties with respect to these linked websites or third-party products or services. Your viewing and use
    of any third-party websites is at your sole discretion and risk.

  10. Indemnification

    You shall indemnify, hold harmless, and, at Snell’s option, defend its affiliates and subsidiaries from and
    against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) (“Losses”)
    incurred by Snell resulting from any third-party claim, suit, action, or proceeding relating to or arising
    from your use of the Services, any User Content, any Feedback you provide, any violation of these Terms
    by you, or any other act or omission by you, including your violation of any rights of another, arising
    from your use of the Services or any of its features. You further agree that Snell shall have control of the
    defense or settlement of any third-party claims unless Snell exercises its option to require you to defend
    Snell. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written
    agreement between you and Snell.

  11. General Disclaimers

    THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND
    “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SNELL
    DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY
    KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICES; (B) CONTENT; (C)
    USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF
    INFORMATION TO OR FROM THE SERVICES. SNELL HEREBY DISCLAIMS ALL
    WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
    WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY
    RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET
    ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

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    SNELL DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR-FREE
    OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR
    THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL
    COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. SNELL DOES NOT MAKE
    ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY
    INSTRUCTIONS) ON THE SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU
    ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. SNELL DOES
    NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR
    JURISDICTION. SNELL SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES. SOME
    JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER
    WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT
    SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.
    BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR
    ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE
    SERVICES.

  12. Limitation of Liability; Waiver

    TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SNELL BE LIABLE
    FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
    KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS
    OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR
    DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO
    THE ACCESS TO OR USE OF THE SERVICES (INCLUDING, BUT NOT LIMITED TO, USER
    CONTENT AND LINKS TO THIRD-PARTY WEBSITES), OR THE ORDER, RECEIPT, OR USE OF
    ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING,
    BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON
    ANY INFORMATION OBTAINED FROM SNELL, OR FROM EVENTS BEYOND SNELL’S
    REASONABLE CONTROL, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN
    CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER
    ACTIVE, PASSIVE, OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF
    SNELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS
    OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE
    MAXIMUM AGGREGATE LIABILITY OF SNELL ARISING OUT OF OR IN ANY WAY
    RELATED TO THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING
    LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF
    THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE SNELL’S SOLE
    LIABILITY AND OBLIGATION IN RESPECT HEREOF.
    IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER
    CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND
    TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT
    TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT,
    IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER
    SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

  13. Arbitration

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    PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO
    ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH SNELL AND LIMITS THE MANNER IN
    WHICH YOU CAN SEEK RELIEF FROM US.
    YOU AND SNELL AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF
    OR RELATING IN ANY WAY TO THESE TERMS OR THE SERVICES SHALL BE FINALLY
    DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN
    ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES.
    Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration
    allows for more limited discovery than in a court case; and the arbitration process and result is subject to
    very limited review by courts. In an arbitration you have the right, at your expense, to be represented by
    an attorney of your choosing. Arbitrators can award the same damages and relief under these Terms that
    a court can award under these Terms. You and Snell agree that any in-person arbitral hearing would
    occur in the United States in the same county and state as your billing address. Snell further agrees that
    your filing fee for an arbitration will be capped at the amount set by the American Arbitration
    Association. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the
    interpretation and enforcement of this provision, and that you and Snell are each waiving the right to a
    trial by jury and/or to participate in a class action. No demand for arbitration may be sustained after the
    date when the institution of legal or equitable proceedings based on such claim or dispute would be barred
    by the applicable statutes of limitation if this matter was filed in court. The arbitrator is authorized to
    dismiss the arbitration at any stage based on a determination that the claim is time barred or for any other
    legally or factually supported reason. This arbitration provision shall survive termination of these Terms
    and the termination of your use of the Services. Further, unless both you and Snell agree otherwise, the
    arbitrator may not join or consolidate more than one person’s claims with your claims and may not
    otherwise preside over any form of a representative or class proceeding. If this specific provision is found
    to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator
    may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to
    the extent necessary to provide relief warranted by that party’s individual claim.

  14. Class Action Waiver

    REGARDLESS OF THE FORUM, YOU AND SNELL AGREE THAT EACH MAY BRING CLAIMS
    AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A
    PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
    PROCEEDING.

  15. Termination

    Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole
    discretion, to terminate your right to access or use the Services at any time and for any or no reason, and
    you acknowledge and agree that in such event we shall have no liability or obligation to you.

  16. Governing Law and Jurisdiction

    Snell operates the Services from Arizona, U.S.A. These Terms and the transactions they contemplate,
    including without limitation their interpretation, construction, performance, and enforcement, shall be
    governed by the laws of the State of Arizona, U.S.A., including its statutes of limitations, but without
    reference to conflict or choice of law provisions. The International Convention on the Sale of Goods, and
    other international treaties that are not mandatory with respect to contracts made and performed entirely
    in Arizona shall not apply. The sole and exclusive jurisdiction and venue for any litigation arising out of

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    this Agreement shall be state and federal courts sitting in Phoenix, Arizona and the parties agree not to
    raise, and waive, any objections or defenses based upon venue or forum non conveniens with respect to
    such courts.

  17. Notice

    All notices, demands, or consents given by you under these Terms will be in writing and will be deemed
    given when delivered to Snell at the following contact: legal@swlaw.com. Any notices to you may be
    made via either email or postal mail to the address in Snell’s records or via posting on the Services. You
    agree that any notices, agreements, disclosures, or other communications that we send to you
    electronically will satisfy any legal communication requirements, including, but not limited to, that such
    communications be in writing.
    Persons with disabilities who need assistance accessing these Terms may contact us as provided for in
    this Section, and depending on your individual needs, we will grant reasonable requests to furnish these
    Terms in an alternative format.

  18. Severability

    If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or
    provision will be severable from these Terms and will not affect the validity or enforceability of any
    remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.

  19. Miscellaneous

    The Services are hosted in the United States of America. If you are located outside of the United States
    of America and you contact us, please be advised that any information you provide to us will be
    transferred to the United States of America and that by submitting information, you explicitly authorize
    such transfer. These Terms constitute the entire agreement between you and Snell relating to your access
    to and use of the Services. These Terms, and any rights granted hereunder, may not be transferred, or
    assigned by you without the prior written consent of Snell. No waiver of any provision of these Terms
    will constitute a waiver of such provision in any prior, concurrent, or subsequent circumstance, and
    Snell’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right
    or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the
    parties and are not intended to confer third party beneficiary rights upon any other person or entity.