Foley Alumni Network

Alumni Portal

Portal Terms of Use

Last Modified: [January 9, 2024]

Acceptance of the Portal Terms of Use

These terms of use are entered into by and between you and Foley & Lardner LLP (“Foley”, “we” or “us”). The following terms and conditions (these “Portal Terms of Use”), govern your access to and use of alumni.foley.com, including any content, functionality and services offered on or through alumni.foley.com (the “Portal”), which enables our Foley alumni to view provide updates regarding their careers and connect with Foley and other users of the Portal.

By Using this Portal, You and Foley & Lardner LLP Are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.

Please read the Portal Terms of Use carefully before you start to use the Portal. By using the Portal, you accept and agree to be bound and abide by these Portal Terms of Use and our Portal Privacy Notice, which is incorporated herein by reference. If you do not want to agree to these Portal Terms of Use or the Portal Privacy Notice, you must not access or use the Portal.

This Portal is offered and available to users who are 18 years of age or older that are current or former attorneys, contractors, staff, or other employees of Foley. Further, by using this Portal, you represent and warrant that you are of legal age to form a binding contract with Foley in your jurisdiction and meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Portal.

No Attorney-Client Relationship

We provide this Portal for general informational purposes only. Transmission and receipt of materials provided by the Portal is not intended to create an attorney-client relationship. Please be further advised that the act of sending e-mail to anyone at Foley or any of its alumni will not create an attorney-client relationship. If you are not currently a client of Foley on an individual basis, your e-mail will not be privileged and may be disclosed to other persons. Foley does not wish to represent anyone desiring representation based upon viewing this Portal in a jurisdiction where this Portal fails to comply with all laws and ethical rules of that jurisdiction. This Portal is meant to be informational only, in the nature of providing a way for Foley alumni to continue to connect with Foley as well as other Foley alumni.

Legal Advertising

The content of this Portal may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. If you have questions, for purposes of attorney advertising rules, please contact Foley at the contact information provided in the Your Comments and Concerns section below. Prior results described on this Portal do not guarantee a similar outcome. Images of people may not be Foley personnel.

Many of our attorneys have been Peer Review Rated as AV® Preeminent™ or BV® Distinguished™, which are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies.

Changes to the Portal Terms of Use

We may revise and update these Portal Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Portal thereafter.

Your continued use of the Portal following the posting of revised Portal Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Portal and Account Security

We reserve the right to withdraw or amend this Portal, and any service or material we provide on or through the Portal, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Portal is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Portal, or the entire Portal, to users, including to users who are previously attorneys, contractors, staff, or other employees at Foley and have joined the Foley alumni network.

You are responsible for:

Making all arrangements necessary for you to have access to the Portal.
Ensuring that all persons who access the Portal through your internet connection are aware of these Portal Terms of Use and comply with them.

To access the Portal or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Portal that all the information you provide on the Portal is correct, current and complete. You agree that all information you provide to register with this Portal or otherwise is governed by our Portal Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Portal Privacy Notice.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Portal or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Portal Terms of Use.

Intellectual Property Rights

The Portal and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Foley & Lardner LLP, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Portal Terms of Use permit you to use the Portal for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Portal, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print a reasonable number of copies from pages of the Portal for your own or your company’s internal use and not for further reproduction, publication or distribution without Foley’s permission.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Portal in breach of the Portal Terms of Use, your right to use the Portal will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Portal or any content on the Portal is transferred to you, and all rights not expressly granted are reserved by Foley. Any use of the Portal not expressly permitted by these Portal Terms of Use is a breach of these Portal Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Foley name, our logo, and all related names, logos, product and service names, designs and slogans are trademarks of Foley & Lardner LLP or its affiliates or licensors. You must not use such marks without the prior written permission of Foley. All other names, logos, product and service names, designs and slogans on this Portal are the trademarks of their respective owners.

Prohibited Uses

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

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 or software to and from the US or other countries);
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Portal Terms of Use;
To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate Foley, a Foley attorney, contractor, staff, other employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Portal, or which, as determined by us, may harm Foley or users of the Portal or expose them to liability.

Additionally, you agree not to:

Use the Portal in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Portal, including their ability to engage in real time activities through the Portal.
Use any robot, spider or other automatic device, process or means to access the Portal for any purpose, including monitoring or copying any of the material on the Portal.
Use any manual process to monitor or copy any of the material on the Portal or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Portal.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Portal, the server on which the Portal is stored, or any server, computer or database connected to the Portal.
Attack the Portal via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Portal.

Member Contributions

The Portal may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “Member Contributions”) on or through the Portal.

All Member Contributions must comply with the Content Standards set out in these Portal Terms of Use.

Any Member Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any Member Contribution on the Portal, you grant us and our affiliates and service providers, and each of their and] our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material according to your account settings.

You represent and warrant that:

You own or control all rights in and to the Member Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
All of your Member Contributions do and will comply with these Portal Terms of Use.

You understand and acknowledge that you are responsible for any Member Contributions you submit or contribute, and you, not Foley, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any Member Contributions posted by you or any other user of the Portal.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any Member Contributions for any or no reason in or sole discretion;
Take any action with respect to any Member Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such Member Contribution violates these Portal Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Portal or the public or could create liability for Foley;
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;
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Portal; and/or
Terminate or suspend your access to all or part of the Portal for any or no reason, including without limitation, any violation of these Portal Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Portal. YOU WAIVE AND HOLD HARMLESS FOLEY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot and do not undertake to review material before it is posted on the Portal, and cannot ensure 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. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all Member Contributions and use of Interactive Services. member Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Member Contributions must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Portal Terms of Use and our Portal Privacy Notice;
Be likely to deceive any person;
Promote any illegal activity, or advocate, promote or assist any unlawful act;
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Portal infringes your copyright, you may request removal of those materials (or access to them) from the Portal by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Portal, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
Include both of the following statements in the body of the DMCA Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Our designated Copyright Agent to receive DMCA Notices is:

Office of the General Counsel/Privacy Officer

Foley & Lardner LLP

321 N. Clark Street, Suite 2800

Chicago, IL 60654

1-(312) 832-4500

CopyrightAgent@foley.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Portal is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Offenders: Please note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Reliance on Information Posted

The information presented on or through the Portal 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 Portal, or by anyone who may be informed of any of its contents.

The Portal includes content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Foley, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Foley. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Portal

We may update the content on this Portal from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Portal may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Portal

All information we collect on this Portal is subject to our Alumni Portal Privacy Notice. By using the Portal, you consent to all actions taken by us with respect to your information in compliance with the Portal Privacy Notice.

Linking to the Portal

You may link to public pages of our Portal, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express consent.

Links from the Portal

The Portal may contain links to other websites that provides client services and our other social media sites, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Portal, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Portal is based in the State of Wisconsin in the United States. We provide this Portal for use only by persons located in countries in which we have offices. We make no claims that the Portal or any of its content is accessible or appropriate outside of such countries. Access to the Portal may not be legal by certain persons or in certain countries. If you access the Portal from outside of the countries in which we have offices, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Portal will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. IN NO EVENT WILL FOLEY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, PARTNERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PORTAL OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PORTAL LINKED TO IT.

YOUR USE OF THE PORTAL, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE PORTAL IS AT YOUR OWN RISK. THE PORTAL, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE PORTAL ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FOLEY NOR ANY PERSON ASSOCIATED WITH FOLEY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PORTAL. WITHOUT LIMITING THE FOREGOING, NEITHER FOLEY NOR ANYONE ASSOCIATED WITH FOLEY REPRESENTS OR WARRANTS THAT THE PORTAL, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE PORTAL 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 PORTAL OR ANY SERVICES OBTAINED THROUGH THE PORTAL WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

FOLEY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

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

Limitation on Liability

IN NO EVENT WILL FOLEY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, PARTNERS, 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 PORTAL, ANY PORTALS LINKED TO IT, ANY CONTENT ON THE PORTAL OR SUCH OTHER PORTALS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL OR SUCH OTHER PORTALS, 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.

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

Indemnification

You agree to defend, indemnify and hold harmless Foley, its affiliates, licensors and service providers, and its and their respective officers, directors, partners, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Portal Terms of Use or your use of the Portal, including, but not limited to any use of the Portal’s content, services and products other than as expressly authorized in these Portal Terms of Use or your use of any information obtained from the Portal.

Arbitration

If a dispute arises between you and the Firm related in any way to the interpretation, application, or enforcement of these Portal Terms of Use, any acts or omissions related to or arising from the Firm’s Portal or your access or use of the Portal, the issue of arbitrability of the dispute, or any other dispute in any way relating to the Portal, you and the Firm agree that the dispute will be resolved solely through confidential binding arbitration.

The Federal Arbitration Act (“FAA”) shall govern the interpretation and enforcement of the arbitration, and, to the extent not inconsistent with the FAA, the arbitrator(s) shall apply the law of Wisconsin to any claims or defenses thereto. The arbitration shall be held in a city in the United States in which the Firm has an office. JAMS will serve as the arbitration administrator, and the arbitration shall proceed pursuant to the JAMS Comprehensive Arbitration Rules and Procedures (the “Rules”) as they exist on the effective date of this Agreement, except to the extent provided for herein or otherwise agreed to in writing. In the event of a conflict between the terms set forth herein and the Rules, these terms shall govern.

If the amount in dispute is less than $1 million, the dispute will be resolved by one neutral arbitrator who is a former judge and affiliated with JAMS. The parties will mutually select the arbitrator, but if they are unable to agree, the arbitrator will be selected pursuant to the procedures set forth in the Rules. If the amount in dispute is $1 million or more, the dispute will be resolved by a panel of three (3) neutral arbitrators, with the chairperson being a former judge and affiliated with JAMS. The parties will mutually select the panel, but if the parties are unable to agree on a panel, the arbitrators will be selected pursuant to the procedures set forth in the Rules.

Notwithstanding any limitations in the Rules to the contrary, the parties shall be entitled to conduct discovery in accordance with the Federal Rules of Civil Procedure (“FRCP”), including but not limited to (and to the extent in accordance with the FRCP) depositions and written discovery of the parties and third parties, and shall be permitted to file partially or fully-dispositive motions prior to a full arbitration hearing, on which the arbitrator or panel of arbitrators shall issue a ruling prior to said hearing. The parties agree that the arbitrator(s) can render any such dispositive rulings, should the arbitrator(s) deem appropriate, without a hearing. No demand for arbitration may be sustained after the date on which the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statutes of limitation or statute of repose if the dispute was filed in court. The arbitrator(s) are 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. Each party is limited to pursuing its own individual claims and shall not pursue class or collective action.

If the net amount of the final arbitration award is $1million or more, inclusive of interest, any party shall have the right to appeal the award pursuant to the JAMS Optional Arbitration Appeal Procedure, as it exists on the date of this Agreement. Notwithstanding any Appeal Procedure to the contrary, the three neutral members of the Appeal Panel shall consist of: (a) a chairperson having served at least five years as a judge or justice on federal or state appellate courts, (b) one member having served at least five years as a judge or justice on a federal or state trial or appellate court or as a federal magistrate judge; and (c) one member with 10 or more years of recent private appellate practice.

The costs of arbitration, including the arbitrator(s)’ fees and administrative expenses, shall be paid as follows: fifty percent (50%) by the claimant(s) and fifty percent (50%) by the respondent(s), such that no side shall bear more than half the costs of the arbitration. If the respondent(s) also assert a claim or counterclaim against the claimant(s), the respondent(s) asserting that claim or counterclaim shall be deemed to be the respondent(s) for purposes of the division of the costs. Each party will bear that party’s own attorneys’ fees and costs, and the prevailing party will not be entitled to reimbursement by the other party of any of its fees or costs incurred in connection with the arbitration, regardless of any rule to the contrary. The arbitration proceedings, including but not limited to partial and final awards, shall be maintained by the arbitrator(s), parties, and witnesses as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate, or enforce the award(s) and for disclosure in confidence to the parties’ respective attorneys, tax advisors, insurers, and senior management. Any action or proceeding preliminary or ancillary to an arbitration, including to confirm, vacate, or enforce the award(s), shall be brought in the state trial court (subject to removal) or the federal district court serving the city in which the arbitration is held.

If any portion of this arbitration provision is held to be illegal or otherwise unenforceable, the remainder of this arbitration provision will still apply.

Governing Law and Jurisdiction

All matters relating to the Portal and these Portal 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 Wisconsin without giving effect to any choice or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction).

In the event that the above arbitration provision is held to be illegal or otherwise unenforceable such that the dispute cannot resolved through confidential binding arbitration, such disputes shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin in each case located in the City of Milwaukee and County of Milwaukee although we retain the right to bring any suit, action or proceeding against you for breach of these Portal Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PORTAL MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Foley of any term or condition set forth in these Portal Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Foley to assert a right or provision under these Portal Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Portal Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Portal Terms of Use will continue in full force and effect.

Entire Agreement

The Portal Terms of Use and our Portal Privacy Notice constitute the sole and entire agreement between you and Foley with respect to the Portal and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Portal.

Your Comments and Concerns

This website is operated by Foley & Lardner LLP which is located at 321 N. Clark Street, Suite 2800, Chicago, IL 60654.

All feedback, comments, requests for technical support and other communications relating to the Portal should be directed to: FoleyAlumniAdmin@foley.com or 312.832.4500.