- On certain sites operated by the ABA, the ABA provides (i) Users the capability to provide commentary on articles and news events; (ii) Users the capability to post messages on discussion boards (“Discussion Boards”) (iii) directories and search engines for blogs; and (iv) proprietary intranet services for certain ABA employees and staff (the “Services”). The ABA may provide other Services to Users on its websites not described above. You understand that your use of the Services provided by the ABA on its websites is subject to this TOU. You understand that the ABA provides only the facilities for the operation of the Services. The ABA does not approve or endorse any message posted by Users from the use of the Services. The ABA does not review the background of any User of the Services, including whether an attorney may or may not be in good standing in any jurisdiction.
- In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from using the Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the ABA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the ABA has the right to suspend or terminate your account and refuse any and all current or future use of its Services.
- For certain Services (for example, participation in a Discussion Board), you may receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. For other Services (for example, commenting on ABA articles and news events), you are required to register your name and email address prior to posting messages. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You also agree that you will provide truthful information during the registration process and that you are the author of any message you post. The ABA cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
- You understand that any message posted by a User of our Services expresses only the views of the User and does not reflect the views of the ABA. From time to time, the ABA may use moderators and administrators (“Administrators”) to monitor the content and appearance of posted messages. Considering the real-time nature of the Services, it is impossible for us to monitor or review every message.
- You understand that all information: data, text, software, music, sound, photographs, graphics, video, messages, tags, links or other materials placed by Users using the Services, including by way of any attachment thereto (the “Content”) are the sole responsibility of the person from whom such Content originated. This means that you, and not the Administrators and/or the ABA, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through use of the Services.
- The ABA does not control the Content posted by Users of its Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, defamatory or otherwise objectionable. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE ABA BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY OFFENSIVE, INDECENT, DEFAMATORY OR OTHERWISE OBJECTIONABLE NATURE OF ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OR VIEWING OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY USERS OF THE SERVICES.
- You agree that you will not use our Services to:
(a) upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(c) upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(d) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(e) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and
(f) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
- You acknowledge that the Administrators and/or the ABA may or may not pre-screen the Content provided by Users of its Services. You acknowledge that the Administrators or their designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content from the use of its Services. Without limiting the foregoing, the Administrators and their designee shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
- You acknowledge, consent and agree that the Administrators may access, preserve and disclose your account information and the Content you have posted by Users of the Services if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in the sole opinion of the Administrators to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the Administrators, its Users and the public.
- YOU AGREE TO INDEMNIFY AND HOLD THE ABA AND ITS ASSOCIATED ENTITIES (INCLUDING WITHOUT LIMITATION, THE ABA FUND FOR JUSTICE AND EDUCATION, THE AMERICAN BAR FOUNDATION, THE AMERICAN BAR ENDOWMENT, THE ABA MUSEUM OF LAW, AMERICAN BAR INSURANCE PLANS CONSULTANTS, AND THE ABA’S SECTIONS, FORUMS, COMMISSIONS, DIVISIONS, COMMITTEES, BOARDS) THE ABA’S OFFICERS, EMPLOYEES, MEMBERS AND ITS AGENTS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (I) CONTENT YOU MADE AVAILABLE THROUGH YOUR USE OF THE SERVICES; (II) YOUR VIOLATION OF THE TOU; OR (III) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
- You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any purpose, any portion or information from your use of the Services, including member names and email addresses, or access to the Services.
- You agree that the ABA may, under certain circumstances and without prior notice, immediately terminate your access to the Services and/or impose disciplinary action up to and including termination of employment, if applicable. Cause for such measures shall include, but not be limited to: (a) breaches or violations of the TOU or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Services; (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; and/or (g) engagement by you in fraudulent or illegal activities. You further agree that all such measures shall be made in the ABA’s sole discretion and that the ABA shall not be liable to you or any third party for any measure taken concerning your account access and/or disciplinary action, up to and including termination of employment, if applicable.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE ABA AND ITS ASSOCIATED ENTITIES (INCLUDING WITHOUT LIMITATION, THE ABA FUND FOR JUSTICE AND EDUCATION, THE AMERICAN BAR FOUNDATION, THE AMERICAN BAR ENDOWMENT, THE ABA MUSEUM OF LAW, AMERICAN BAR INSURANCE PLANS CONSULTANTS, AND THE ABA’S SECTIONS, FORUMS, COMMISSIONS, DIVISIONS, COMMITTEES, BOARDS) THE ABA’S OFFICERS, EMPLOYEES, MEMBERS AND ITS AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE ABA AND ITS ASSOCIATED ENTITIES (INCLUDING WITHOUT LIMITATION, THE ABA FUND FOR JUSTICE AND EDUCATION, THE AMERICAN BAR FOUNDATION, THE AMERICAN BAR ENDOWMENT, THE ABA MUSEUM OF LAW, AMERICAN BAR INSURANCE PLANS CONSULTANTS, AND THE ABA’S SECTIONS, FORUMS, COMMISSIONS, DIVISIONS, COMMITTEES, BOARDS) THE ABA’S OFFICERS, EMPLOYEES, MEMBERS AND ITS AGENTS MAKE NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (IV) ANY ERRORS IN THE SOFTWARE USED TO PROVIDE THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY WHATSOVER.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ABA AND ITS ASSOCIATED ENTITIES (INCLUDING WITHOUT LIMITATION, THE ABA FUND FOR JUSTICE AND EDUCATION, THE AMERICAN BAR FOUNDATION, THE AMERICAN BAR ENDOWMENT, THE ABA MUSEUM OF LAW, AMERICAN BAR INSURANCE PLANS CONSULTANTS, AND THE ABA’S SECTIONS, FORUMS, COMMISSIONS, DIVISIONS, COMMITTEES, BOARDS) THE ABA’S OFFICERS, EMPLOYEES, MEMBERS AND ITS AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE ABA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE USE OF THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.
- EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- COPYRIGHT AND INTELLECTUAL PROPERTY POLICY
It is the ABA’s policy in appropriate circumstances and at its discretion to disable and/or terminate the accounts of Users who may be repeat infringers of the copyright and intellectual property rights of others.
Notice For Claims Of Intellectual Property Or Copyright Infringement; Agent For Notice Of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the ABA’s Copyright Agent the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the ABA site;
(d) your address, telephone number, and email address;
(e) 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
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
The ABA’s Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Office of the General Counsel
American Bar Association
Attn: Thomas Howell
321 N. Clark Street, 21st Floor
Chicago, IL 60654
By phone: (312) 988-5215
By fax: (312) 988-5217
By email: firstname.lastname@example.org
- GENERAL INFORMATION
The TOU constitutes the entire agreement between you and the ABA and governs your use of the Services.
Choice of Law and Forum.
The TOU and the relationship between you and the ABA shall be governed by the laws of the State of Illinois without regard to any conflict of law provisions. You and the ABA agree to submit to the personal and exclusive jurisdiction of the courts located within Cook County, Illinois.
Waiver and Severability of Terms.
The failure of the ABA to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
Please report any violations of the TOU (other than a violation concerning copyright or intellectual property infringement which is governed by Paragraph 16) to our Customer Care group: email@example.com
- ABA’S INTELLECTUAL PROPERTY
Users of the Services acknowledge and agree that the ABA has the exclusive rights and privileges in and to the intellectual property rights of and with respect to providing the Services. Users acknowledge and agree that the Services are protected by U.S. Copyright laws, other intellectual property laws, international treaty provisions, and must be treated like any other material protected by intellectual property laws. Use of the material contained in the Services is intended solely for the individual and private use of the User. ABA grants you a license to use the Services solely for your own private, non-commercial purposes. You agree that you will not download, rent, lease, sell, license, sublicense, reverse engineer, reverse assemble, distribute, transmit, or otherwise transfer all or any portions of the Services or otherwise take any other action in violation of the ABA’s copyright or intellectual property rights other than those expressly authorized by the ABA.
Users of the Services acknowledge and agree the ABA has proprietary rights to its name, the American Bar Association, its logo and service marks (the “ABA Marks”) and that the User will not use the ABA Marks without the ABA’s express written permission.