Terms of use

Welcome to the PensionLitigationData.com website. These terms of use (“Terms of Use”) govern your use of the website (“website” or “site”) and all content available on the website. Please read these terms carefully. By using this website, you agree to be bound by the terms below. You are agreeing to these terms in your individual capacity. If you are using this site as a representative of a company, then you are also agreeing to these terms on behalf of your company.

The material provided by Pension Litigation Data (“PensionLitigationData.com”, “PLD”, “we” or “us”) on its website is for informational purposes only, and is subject to change. Information, services and products available through the site are offered only in jurisdictions in which they may be lawfully offered. PLD does not warrant the accuracy of the information it provides. You are encouraged to review the official record of any cases or decisions reported by PLD.

Please note that PLD may modify these Terms of Use at any time by posting notice of such changes online or by notifying you by e-mail, and that all such modifications shall apply to you commencing on the date of such notice.

You agree that all information you provide to PLD about yourself or otherwise will be accurate and not misleading. This includes, without limitation, information you provide in any registration process.

Copyright and Trademark Claims; License to Use Material PLD does not claim a copyright as to any part of an original work prepared by a U.S. federal or state government officer or employee as part of that person’s official duties. Otherwise, PLD is the owner of all content on this website. All rights are hereby reserved. No part of a PLD transmission may be copied, downloaded, stored in a retrieval system, further transmitted, or otherwise reproduced, stored, disseminated, transferred, or used, in any form or by any means, except as permitted herein. Any permitted reproduction by you of content on this website, including without limitation our case summaries, must contain notice of PLD’s copyright.

PensionLitigationData.com, PLD and Pension Litigation Data are trademarks of Pension Governance, LLC and The Michel-Shaked Group.

You may use PLD’s content solely in the regular course of your business, research and other related work, such as your review of the content or the incorporation of portions of PLD’s content in your own work product. You must retain the copyright and other source-identification notices included with the content. You may not copy or distribute the content nor may you sell or license the content or use the content as a component of any commercial material. If you are interested in obtaining permission to use PLD’s content for commercial purposes, please contact PLD for pricing information.

User Name and Password.

In the event that your use of the site requires a user name and password, you are solely responsible for maintaining the confidentiality of your user name and password. You agree not to provide third parties with access to your account and that you will be responsible for any activities that occur on your account. You will immediately notify us in the event of any unauthorized use of your account or other security breach of which you become aware.

Interference with Site.

You may not use any device, software or routine that could interfere with the proper working of this site. You may not take any action that imposes an unreasonable or disproportionately large load on PLD’s or its web hosting company’s infrastructure. PLD reserves the right to deny you access to its site if you cause unreasonable interference, such decision to be made in PLD’s sole and absolute discretion.

Protection of Content.

The burden of determining whether any information or other content on the service is subject to any copyright, right of privacy or other proprietary right rests with you. You acknowledge that the content available through this site remains the property of its owners and you do not acquire any ownership rights by accessing or downloading materials from this site. You further agree not to remove any copyright or other proprietary rights notice from any material that you obtain from the site. In addition, you may not frame any of the pages on this site, display this site or use the content on this site in any way that is disparaging to this site, its owners or any third party or use any trademark displayed on this site without our written consent. You may, however, create hyperlinks to this site, provided that such links redirect the user to the appropriate location on this site. Further, PLD has the right to require that you remove your hyperlinks, at any time.

LIMITATIONS OF WARRANTY.

YOU AGREE THAT USE OF THE SITE AND THE CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. THE SITE, CONTENT, PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES CONCERNING THE AVAILABILITY OR ACCURACY OF THE SITE OR ANY CONTENT, AND ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PLD SPECIFICALLY DOES NOT WARRANT THAT ITS CASE SUMMARIES AND ANALYSES ARE ACCURATE AND COMPLETE.

LIMITATIONS OF LIABILITY.

NEITHER PLD NOR ANY OF ITS EMPLOYEES, OFFICERS, DIRECTORS, ADVISORS, SUPPLIERS, AGENTS OR AFFILIATES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SITE OR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE, OR OTHERWISE ARISING IN CONNECTION WITH THE SUBJECT MATTER OF THESE TERMS OF USE. IF, NOTWITHSTANDING THE FOREGOING, PLD OR ANY OF ITS EMPLOYEES, OFFICERS, DIRECTORS, ADVISORS, SUPPLIERS, AGENTS OR AFFILIATES IS FOUND LIABLE FOR DAMAGES, IT IS AGREED THAT SUCH LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00), IN THE AGGREGATE.

WITHOUT LIMITING ANYTHING IN THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER PLD NOR ANY OF ITS EMPLOYEES, OFFICERS, DIRECTORS, ADVISORS, SUPPLIERS, AGENTS OR AFFILIATES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR UNLAWFUL CONDUCT OF OTHER USERS OF THE SITE. FURTHER, NOTHING ON THIS SITE IS INTENDED TO SERVE AS INVESTMENT, FINANCIAL, ACCOUNTING OR LEGAL ADVICE. YOU ARE URGED TO SEEK YOUR OWN INVESTMENT, FINANCIAL, ACCOUNTING OR LEGAL ADVICE FROM A QUALIFIED PROFESSIONAL ADVISOR.

ANY LINKS TO OTHER WEB SITES OR ANY THIRD PARTY PRODUCTS OR SERVICES AVAILABLE THROUGH THE PLD SITE OR A LINKED SITE ARE PROVIDED FOR YOUR CONVENIENCE ONLY. PLD DOES NOT MONITOR OR ENDORSE ANY WEB SITES LINKED TO THIS SITE OR ANY THIRD PARTY PRODUCTS OR SERVICES. WITHOUT LIMITING ANYTHING IN THE FOREGOING, PLD SHALL HAVE NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO LINKED SITES OR THIRD PARTY PRODUCTS OR SERVICES.

THESE LIMITATIONS OF LIABILITY APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

Indemnification.

You agree to indemnify PLD and its employees, officers, directors, advisors, suppliers, agents and affiliates from and against all liabilities, losses, costs and expenses (including reasonable attorneys’ fees) arising from your use of the site in violation of these Terms of Use.

Termination or Suspension.

PLD may terminate your account or terminate or suspend your access to the site at any time, without notice, for conduct that PLD believes violates these Terms of Use or is harmful to other users, to PLD business or to other information providers, for failure to pay subscription fees, where applicable, or other non-payment of amounts owed to PLD or if PLD elects to terminate the accounts of users, generally. In addition, PLD reserves the right to restrict, suspend, terminate or modify the site with or without notice. Termination of your access to the site will automatically terminate any license granted under these Terms of Use. The Limitations of Warranty, Limitations of Liability and Indemnification provisions shall survive any termination of your account or of these Terms of Use.

Choice of Law.

These Terms of Use shall be constructed in accordance with and controlled by the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws provisions. You agree to submit to personal jurisdiction and venue exclusively in the state and federal courts located in the Commonwealth ofMassachusetts.

Merger Clause.

These Terms of Use and, if you are a Subscriber, the Subscriber Agreement, constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede all previous and contemporaneous agreements, proposals and communications, written or oral, between PLD and you.

No Assignment; Waiver.

The rights granted under these Terms of Use are personal in nature and you may not assign, sublicense or otherwise transfer them to any third party. PLD’s failure to exercise any right under these Terms of Use will not be construed as a waiver of such right, nor will it in any way affect PLD’s other rights hereunder.