To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Daily Harvest, and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the «Daily Harvest Parties»), from and against all actual or
alleged Daily Harvest Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys» fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of
pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, «Claims»), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your
violation of these Terms, (e) your
violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided to you.
«This is in no way meant to say that other states or other businesses or individuals immediately affected by the same sort of
violations alleged in the case at bar, e.g., a major hotel competitor in Palm Beach (near Mar - a-Lago) or indeed a hotel anywhere in the state of Florida, might not have standing to
pursue litigation similar to that which is in process here,» he wrote.
Mr. Whitney's representative work includes a series of successful outcomes
pursuing false advertising claims against product review websites, a landmark victory clarifying copyright fair use and parody on behalf of several well - known musicians; a defense win dismissing copyright infringement claims brought by a putative class of attorneys against the leading legal research websites; a favorable outcome for a high - end beauty products company in a trademark and trade dress action against a manufacturer of knock - off products; a district and appellate court decision dismissing all claims by a proposed class against an international bank for
alleged violations of, among other things, the Federal False Marking Act, RICO and the CAN - SPAM Act; and counseling prominent art museums and galleries on domestic and international copyright issues.
Representation of a public telecommunications company in an SEC investigation
alleging FCPA and revenue recognition
violations, at the conclusion of which (after an investigation spanning three years and four continents), the SEC declined to
pursue an enforcement action against our client