Terms of Use

Last updated: January 8, 2024

Thank you for visiting the Schulte Roth & Zabel LLP (“Schulte,” “our,” or “us”) alumni network website. By accessing our website, Chat Feature and any related URLs (each and collectively, as appropriate, the “Site”), you agree to accept the following terms of use for the use of the Site (“Terms of Use”), which constitute a legal agreement between you and Schulte. If you do not accept these Terms of Use, you may not use the Site. Schulte reserves the right to modify these Terms of Use without notice, and each use of the Site constitutes your acceptance to be bound by the terms set forth in the Terms of Use as modified at the time of such use.

This Site is a platform which provides a way for you to stay connected to current and former employees of Schulte. You must be at least 18 years old and a Schulte alumnus/a or employee to use this Site.

For information about our privacy practices, please see our Privacy Policy.

Use of Site and Content
The content displayed on the Site (“Content”) is the subject of intellectual property protection, including but not limited to trademarks, service marks, trade names, and copyrights owned by Schulte or by third parties. Schulte grants you a limited, revocable, nonexclusive and nontransferable right to view, store, bookmark, download, copy, and print pages from the Site for your personal and noncommercial use only. Unless you receive written permission in advance from Schulte and/or the relevant third party owner, you may not exploit any of the Content commercially, forward it as a mass distribution, or post it on another website. Further, you may not link other websites and/or mobile applications to this Site or display this Site as “framed” within another website and/or mobile application without Schulte’s prior written consent.

Registering
To explore the Site, you must register with Schulte and select a password and user name (“User ID”). You shall not: (1) select or use as a User ID a name of another person with the intent to impersonate that person; (2) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (3) use as a User ID a name that is otherwise obscene, vulgar, and/or offensive. Schulte reserves the right to refuse registration of, or cancel, a User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of any password. You shall not: (1) impersonate or try to impersonate another person; (2) disclose your password to anyone else; (3) allow anyone else to use your account; or (4) use anyone else’s account. You will immediately notify Schulte in writing of any unauthorized use of your account, or a security breach of another related account of which you are or become aware.

Prohibited Uses of Site and Content
Schulte does not grant any license or right to use this Site or the Content other than those set forth above, and you shall not make any other use of the Site or the Content without Schulte’s prior written permission. Without limiting the foregoing: You agree not to copy large portions of the Site (such as by bots, robots, or spiders that “harvest” the Site), interfere with the functioning of the Site or restrict, or inhibit any others from using the Site. If you download any Content from the Site, you agree that you will not remove or obscure any copyright or other notices or legends contained therein. In using this Site, you shall not violate any law, regulation, or rule, or the intellectual property or contractual rights of others.  You may not attempt to violate the security of this Site or use or gain access to the identities, information, or computers of others through this Site. You may not transmit any virus, worm, or similar disabling code or system interference through this Site.  You may not decompile, reverse engineer, disassemble, or otherwise deconstruct all or any portion of the Site.  You may not recirculate, redistribute or publish any content from the Site without our prior written consent.  You may use the Site for your own internal use and may not distribute, permit other to use, sell or re-sell any part of the Site’s content or its features.

Schulte has the right (but not the obligation) to monitor and record activity on this Site, as Schulte deems appropriate, for any reason or no reason, and to take all appropriate actions in response to any unauthorized or objectionable conduct, with or without notice to you. Schulte may investigate any complaint or reported violation of its policies. Schulte may report any activity it suspects may violate any law or regulation to regulators, law enforcement officials, or other persons or entities as it deems appropriate. Schulte may issue warnings, suspend, or terminate use of the Site, deny access to all or part of the Site, or take any other action it deems appropriate.

Copyright Infringement Complaints and Notification Procedures
If you believe that any of this Site’s content violates your or a third party’s copyright, please notify our General Counsel (harry.davis@srz.com) by providing the following information:

•An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
•A description of the copyrighted work that you claim has been infringed;
•A description of where the material that you claim is infringing is located on this Site;
•Your address, telephone number, and email address;
•A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
•A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

Linked Sites; Merchants
Schulte does not review or monitor any websites linked from or to the Site and is not responsible for the content of any such websites. Accordingly, Schulte cannot be held responsible for the information, materials, products, or services obtained on or from such other websites, nor will we be liable in any respect whatsoever for any damages arising from your access to such websites. Any links from or to other websites are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply an affiliation with or endorsement, sponsorship, representation, or warranty by Schulte with respect to any such linked websites or the content, products, or services contained or accessible through such websites or their operators. Schulte disclaims responsibility for the privacy policies and customer information practices of third-party internet websites linked to or from the site. Your following links from or to such websites is at your sole risk.

Your correspondence or business dealings with, or participation in promotions of, third-party merchants or advertisers that are found on or through the Site or which provide links on or through the Site, including, for example, “click to purchase” and other similar programs, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You waive any claim against Schulte and agree to hold Schulte harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on or through the Site.

Transmission to and from the Site
Any communication or other material that you send to us through the internet or post on the Site is and will be deemed to be non-confidential as between you and us, and Schulte shall have no obligation of any kind with respect to such information. Schulte will be free to use, for any purpose, and without compensation due or payable to you, any ideas, concepts, know-how, or techniques provided by you to Schulte through the Site, excluding content communicated through the Chat Feature. Please remember your name will be attached to whatever you post on the Site and all participants in Schulte’s alumni network who are registered through the Site will be able to see all content you post excluding content communicated through the Chat Feature.

Internal Chat
Schulte offers an internal chat feature for alumni to communicate with each other (“Chat Feature”). Schulte may modify, suspend or discontinue the Chat Feature with or without notice at any time and without any liability to anyone. Schulte is not responsible for any and all information conveyed through the Chat Feature and recommends alumni refrain from using the Chat Feature to share confidential information and communicate business and financial guidance.

Passwords
You must keep your password and certain Site content confidential. You are solely responsible for maintaining the confidentiality and security of your password. You accept full responsibility for any use of your password. You must notify us immediately of any actual or suspected loss, theft, or unauthorized use of your password. You may not disclose any Site content that is contained within any password protected portion of this Site to any third party, except to your financial, legal, or tax advisors, and others with whom you share investment decisions. Schulte is not obligated to inquire as to the authority or propriety of any use of or action taken under your password. Schulte will not be responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions.

Disclaimers
Schulte, including partners, employees, affiliates, and agents (collectively “Related Persons”) make no representations or warranties of any kind, express or implied, as to the accuracy, reliability, completeness, availability or other characteristics of the information or materials presented on the Site. Such information or materials are provided “as is” and “as available” and, to the fullest extent permissible pursuant to applicable law, Schulte specifically disclaims any and all warranties of any kind, express or implied, including but not limited to all warranties of and conditions of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, or completeness. Schulte does not warrant that the information on this Site is accurate, error-free, reliable or correct, that this Site will be available at any particular time or location, or that this Site is free of viruses or other harmful components. Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the Site or made via the Site may not be secure.

Decisions based on information or materials contained on the Site are the sole responsibility of the user, and as consideration for access to the Site, you will be responsible for any liability to Schulte that arises out of your use of the Site or your breach of these Terms of Use, and you agree to indemnify and hold harmless Schulte and Related Persons from and against any claims whatsoever and of any nature for damages, losses, and causes of action, including but not limited to actions by third parties against you, Schulte or any of its Related Persons, arising out of or in connection with any decisions that you make based on such information or materials, your use of the Site, or your violation of these Terms of Use.

The information contained herein is provided for informational purposes only and is current only as of the dates indicated herein. Information that is not dated or information that is dated but viewed subsequent to its date may not be current. Schulte assumes no duty to update or correct any information for any reason, including new information, results or subsequent events.

Limitation of Liability
SCHULTE’S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SCHULTE OR ITS RELATED PERSONS BE LIABLE TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS, OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE (OR INABILITY TO USE), OR DISTRIBUTION OF THE SITE OR ANY INFORMATION OR MATERIALS OBTAINED THROUGH USE OF THE SITE. THIS IS TRUE EVEN IF SCHULTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR IF ANY REMEDY YOU HAVE FAILS IN ITS ESSENTIAL PURPOSE.

Applicable Law, Jurisdiction, and Arbitration
These Terms of Use shall be governed by the law of the State of New York, without regard to its choice of law rules.  Notwithstanding the foregoing, any issue concerning the extent to which any dispute is subject to arbitration, or concerning the applicability, interpretation, or enforceability of these procedures, including any contention that all or part of these procedures are invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators as provided herein.

YOU AGREE TO RESOLVE BY ARBITRATION ANY CONTROVERSY ARISING BETWEEN YOU AND SCHULTE AND/OR ANY OF OUR RESPECTIVE CONTROL PERSONS, PREDECESSORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, AND EMPLOYEES.

With respect to the resolution of any such controversy, you further acknowledge that:
•Arbitration is final and binding on the parties.
•The parties are waiving their right to seek remedies in court, including the right to jury trial.
•Pre-arbitration discovery is generally more limited than and different from court proceedings.
•The arbitrators’ award is not required to include factual findings or legal reasoning and any party’s right to appeal or to seek modification of rulings by the arbitrators is strictly limited.

Any arbitration under this Terms of Use shall be conducted in New York, NY before a panel of three (3) arbitrators pursuant to the Commercial Arbitration Rules of the American Arbitration Association, except to the extent that such rules are modified by this Terms of Use. Arbitration is initiated by a party serving the other party with a written demand for arbitration or a written notice of intention to arbitrate.

No person shall bring a putative or certified class action to arbitration nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated a putative class action in court or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: the class certification is denied; or the class is decertified; or the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Terms of Use except to the extent stated herein.

General
Schulte may assign the Terms of Use in whole or in part at any time without your consent. You may not assign the Terms of Use or delegate any of your obligations under the Terms of Use, and any purported assignment of the Terms of Use in violation of the Terms of Use is void. The Terms of Use constitute the entire understanding, and supersedes all other understandings, between you and Schulte concerning the subject matter hereof.

If you have any questions about this Terms of Use, please contact alumni@srz.com.

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