Our thinking terms of use

This Notice covers the following topics:

1. Who we are

2. By using Our thinking you accept these terms

3. There are other terms that may apply to you

4. We may make changes to these terms of use

5. We give no warranties in relation to Our thinking

6. We may suspend or withdraw Our thinking

7. You must keep your account details safe

8. How you may use material on Our thinking

9. The Scope of our Our thinking Services

10. We are not responsible for websites we link to

11. Our responsibility for loss or damage suffered by you

12. We are not responsible for viruses and you must not introduce them

13. Which country's laws apply to any disputes?

1. Who we are

Our thinking is operated by Hogan Lovells International LLP ("we").

Our thinking is not intended to be an advertisement for legal services or a solicitation of clients, except in those jurisdictions where specific regulations governing the practice of law define advertising to include websites.

You acknowledge that your use of Our thinking does not give rise to a lawyer-client relationship between yourself and Hogan Lovells International LLP, whether for conflict or other purposes.

You should note that communications between us by means of Our thinking will not normally be privileged from disclosure in any litigation.

2. By using Our thinking you accept these terms

By using Our thinking, you confirm that you accept these terms of use (the "terms of use") and that you agree to comply with them.

If you do not agree to these terms of use, you must not use Our thinking.

3. There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of Our thinking:

• Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.
• Our Cookie Policy, which sets out information about the cookies on our site. In addition, if you choose to tick the 'Remember me on this device' box during the login process, an additional cookie ('x-ms-cpim-sso:{Id}') with a 90 days lifespan will be dropped on the login portal to remember your login details.

4. We may make changes to these terms of use

We amend these terms of use from time to time. Every time you use Our thinking, please check these terms of use to ensure you understand the terms of use that apply at that time.

5. We give no warranties in relation to Our thinking

We make no warranties, representations or undertakings about the content of Our thinking (including, without limitation, any as to the quality, accuracy, completeness or fitness for any particular purpose of that content).

Our thinking is not intended to be a substitute for professional advice. You should seek professional advice before taking or refraining from taking any action on the basis of the content contained on Our thinking.

6. We may suspend or withdraw Our thinking

We do not guarantee that Our thinking, or any content on it, will always be available or that access to it will be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Our thinking for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are responsible for ensuring that all persons who access Our thinking through your internet connection are aware of these terms of use, and other applicable terms and conditions, and that they comply with them.

7. You must keep your account details safe

You must keep any username, password or any other piece of information we provide as part of our security procedures as confidential. You must not disclose it to any third party.

We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at Ourthinking@hoganlovells.com.

8. How you may use material on Our thinking

We are the owner or the licensee of all intellectual property rights in Our thinking, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

The content we provide is only for your internal business purposes and you must not use any part of the content on Our thinking for commercial purposes without obtaining a licence to do so from us or our licensors.

From time to time we may make content licensed by the Financial Conduct Authority available on Our thinking ("FCA Content").

You must not do any of the following in relation to any FCA Content:

(a) grant sub-licences of any intellectual property rights subsisting in the FCA Content;
(b) host the FCA Content or any part of the content on your servers or otherwise;
(c) distribute or make available the FCA Content to any third parties;
(d) make any modifications to the FCA Content;
(e) make copies of, and/or print, more than single sections of the FCA Content at a time;
(f) use any FCA trade marks which appear on Our thinking without the prior written permission of the FCA except to acknowledge the FCA as the owner of the copyright in the FCA Content;
(g) do anything to the FCA Content which may injure, damage, reduce or diminish the reputation, or name of the Financial Conduct Authority; or
(h) do anything which alters, changes or obscures the meaning conveyed by the FCA Content so that the result is to give a false representation of the FCA Content or which takes the meaning of a particular part of the FCA Content out of the context of the whole.

Any use of the FCA Content by you must, as far as reasonably practicable, be of the most up-to-date version of the FCA Content made available on Our thinking and must acknowledge ownership of the copyright in the FCA Content by inclusion of the following text "© Financial Conduct Authority" on all copies of the FCA Content.

9. The Scope of our Our thinking Services

Our thinking is intended to provide general guidance only. It is not intended to provide specific advice to you, your organisation or your particular circumstances.

We are not responsible to your organisation for any losses you may suffer having relied on this guidance and your organisation should always seek professional advice before taking or refraining from taking any action on the basis of content of Our thinking.

If you have registered for a subscription service, please refer to the enhanced terms of use that apply to your product or products.

10. We are not responsible for websites we link to

Where Our thinking contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources and have no responsibility for them.

11. Our responsibility for loss or damage suffered by you

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

To the fullest extent permitted by law, we exclude all conditions, warranties, representations and other terms which may apply to Our thinking or any content on it, whether express or implied.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

(a) Your use of, or inability to use, Our thinking; or
(b) Your use or reliance on any content on Our thinking. 

In addition, we will not be liable for any:
(c) loss of profits, sales, business or revenue;
(d) business interruption
(e) loss of damage to reputation;
(f) loss of opportunity or any anticipated savings; or
(g) indirect or consequential loss or damage.

No other part of Hogan Lovells (which includes Hogan Lovells International LLP, Hogan Lovells US LLP and their affiliated businesses) has any liability to you in respect of your use of Our thinking.

If, notwithstanding the other provisions of these terms of use, we are found to be liable to you for any damage or loss (including through negligence) which arises in any way out of, or is in any way connected with, your use of Our thinking our liability (except to the extent that limitations of liability are prohibited by applicable law) will in no event exceed £100,000.

12. We are not responsible for viruses and you must not introduce them

We do not guarantee that Our thinking will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform to access Our thinking. You should use your own virus protection software.

You must not misuse Our thinking by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our thinking, the server on which Our thinking is stored or any server, computer or database connected to Our thinking. You must not attack Our thinking via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you could commit a criminal offence under the UK Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our thinking will end immediately.

13. Which country's laws apply to any disputes?

If you are accessing Our thinking from North, South or Central America then these terms of use will be governed by and construed under the laws of the State of New York, USA (without regarding to conflict of law principles), and the courts of New York will have exclusive jurisdiction for the purposes of determining any dispute arising out of or in connection with these terms of use.

If you are accessing Our thinking from any other location then these terms of use will be governed by the laws of England & Wales, and the courts of London, England will have exclusive jurisdiction for the purposes of determining any such dispute.