Pro Bono Institute – Website Terms and Conditions
THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF THIS WEB SITE. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THIS WEB SITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU ARE NOT GRANTED PERMISSION BY PBI TO ACCESS OR OTHERWISE USE THIS WEB SITE. BY PROCEEDING TO ACCESS THIS WEB SITE, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THESE TERMS.
The Pro Bono Institute User Agreement
Welcome to the Pro Bono Institute (PBI) web site (also referred to as the “Site”). This Agreement contains the terms, covenants, conditions, and provisions (the “Terms and Conditions”) upon which You (the “User”, “You” or “Your”) may access and use this Site.
Last Updated: July 1, 2013
Terms and Conditions
By accessing, viewing, or using this Site, You indicate that You understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract and equally binding, and that You accept such Terms and Conditions and agree to be legally bound by them. Please note that PBI reserves the right to change the Terms and Conditions under which this Site and its offerings are extended to You. Your continued use of this Site following such modifications will be conclusively deemed acceptance by You of any changes to these Terms and Conditions. PBI will provide reasonable notice that these Terms and Conditions have been changed on our web site; please watch for such notices as individual email notice may not be provided.
As used in these Terms and Conditions, PBI’s “Affiliates” refers to PBI’s host organization, affiliated organizations and companies, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Site and/or its contents.
1. License Grant
These Terms and Conditions provide You with a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on Your continued compliance with these Terms and Conditions. You may print and download materials and information on this Site solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. As a further condition of use of this Site, You warrant to PBI that You will not use this Site for any purpose that is unlawful or otherwise prohibited by these Terms and Conditions.
2. No Legal Advice
Please note that the information presented on this Site is provided for informational purposes only. No information presented on this Site is intended as legal advice, nor does it create an attorney-client relationship between You and PBI, its Affiliates or any other party.
3. Corrections and Changes
While PBI endeavors to keep the materials on the Site up to date, PBI cannot and does not assume responsibility for any errors or omissions in these materials. PBI further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. PBI may make changes to these materials, or to the products or services described herein, at any time without notice, and makes no commitment to update the information contained herein. If You do become aware of an error, please contact us.
4. Confidentiality of Site
While PBI has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, PBI and its Affiliates are not responsible for the security of any information transmitted via the Internet.
5. Intellectual Property Rights
All material contained on this Site, unless otherwise indicated, is protected by law including, but not limited to, United States copyright and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, PBI does not grant any express or implied right to You. The contents of this Site are Copyright© 2000-2013 Pro Bono Institute. All rights reserved. Law Firm Pro Bono Challenge©, Law Firm Pro Bono Project, Corporate Pro Bono, Corporate Pro Bono Challenge and all other names, logos, and icons identifying PBI and its services are proprietary marks of PBI, and, in the case of Corporate Pro Bono, ACC. All other product names, company names and other marks are trademarks of their respective owners. Nothing in these Terms and Conditions grants You any right to use any trademark, service mark, logo, and/or trade name of PBI or its Affiliates.
6. Copyright Owners’ Rights Under the Digital Millennium Copyright Act Of 1998
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law.
If You believe in good faith that materials hosted by PBI infringe Your copyright, You (or Your agent) may send us a notice requesting that the materials be removed, or access to them blocked. If You believe in good faith that a notice of copyright infringement has been wrongly filed against You, the DMCA permits You to send us a counter-notice.
Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information on the DMCA is the U.S. Copyright Office web site. Notices and counter-notices for the Site should be sent to: Pro Bono Institute, 1001 G St., NW, Suite 305 West, Washington, DC 20001.
We suggest that You consult Your legal advisor before filing a notice or counter-notice. Also, be aware that there can be substantial penalties for false claims.
7. Disclaimer of Warranty and Limitation of Liability
Use of this Site is entirely at Your own risk and is subject to all applicable state, national and international laws and regulations. ALL MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You.
NEITHER PBI NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO, OR USE OF, THE SITE; (B) ANY PRODUCTS, SERVICES, INFORMATION, ACTIVITIES, AND/OR MATERIALS AVAILABLE ON OR THROUGH THE SITE; (C) ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, OR INACCURACY FOUND IN OR THROUGH THE SITE, REGARDLESS OF ITS ORIGIN; (D) ANY BREACHES OF SECURITY INVOLVING THE SITE OR YOUR ACCOUNT, OR ANY LACK OF AVAILABILITY OR OPERATIONAL PROBLEM OF, THE SITE; OR (E) ANY VIRUSES OR OTHER CODE THAT MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR USE OF THE SITE. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
8. Third Party Information
Certain information from third parties, such as information relating to the available corporate pro bono opportunities, may be made available on the Site. Such information is provided “as is” and on an “as available” basis. PBI makes no representation about, nor does PBI guarantee or endorse the reliability of the information. Likewise, PBI does not endorse, oppose or edit any opinion or analysis expressed by any third party information provider.
9. Third Party Web Sites
PBI may provide links, in its sole discretion, to other sites on the World Wide Web for Your convenience in locating related information and services. These sites have not necessarily been reviewed by PBI and are maintained by third parties over which PBI exercises no control.
PBI MAKES NO WARRANTY OF ANY KIND IN CONNECTION WITH ANY THIRD-PARTY SITE OR ANY INFORMATION, PRODUCTS, SERVICES, OR MATERIALS AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITE.
PBI does not endorse, and shall not be liable in connection with, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third party web sites. Use of third-party sites is at Your own risk.
10. Advertisers on this Site
PBI, in its sole discretion, may post the advertisements of third parties on this Site. Your correspondence or any other dealings with advertisers found on this Site are solely between You and such advertiser. You agree that PBI shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site. Moreover, PBI shall not be responsible or liable for the statements or conduct of any third party on this Site. You shall not knowingly or intentionally interfere with the display of such advertisements.
11. Code of Conduct
You agree not to do the following:
a. Restrict or inhibit any other user from using and enjoying the Site. This includes, without limitation: (1) using, or attempting to use, any account without the owner’s permission, (2) obtaining or soliciting another person’s password or other personal information under false pretenses, or (3) impersonating another user or otherwise misrepresenting Yourself to PBI, our Affiliates, the Site’s systems, or other entities.
b. Interfere (or attempt to interfere) with the operation of the Site. This includes, without limitation, (1) interfering with, defeating, or circumventing any security function of the Site, or attempting to do so, or (2) accessing, or attempting to access, any portion of the Site that You are not authorized to access. Unauthorized access (or attempts) may subject You to civil and/or criminal penalties.
c. Post, store, or transmit any unlawful, threatening, defamatory, obscene, inflammatory, pornographic, profane, or otherwise objectionable (as determined by PBI) information or material.
d. Post, store, or transmit any information or material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
e. Post, store, or transmit any advertising, promotion, or solicitation of goods or services for commercial purposes except in any areas of the Site specifically designated for such purpose (and subject to applicable Site rules).
f. Misuse any e-mail function available on or through the Site. This includes, without limitation, (1) sending unsolicited commercial e-mail to any account that causes complaints from the recipients, (2) continuing to send commercial e-mail to a recipient if recipient has requested that You discontinue such communication, (3) sending bulk e-mails, “spam,” chain letters, “mail bombs,” or other disruptive transmissions, or (4) forging message headers or otherwise concealing an e-mail address or preventing others from responding to a message, or attempting to do so.
g. Use the Site to post, store, or transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component.
h. Use the Site to post, store, or transmit materials in violation of another party’s copyright or other intellectual property rights. You are solely responsible for determining whether any material You post, store, or transmit is subject to a third party’s rights;
i. Use the Site for any unlawful purposes.
j. Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Site.
12. Enforcing Security
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For Your protection, PBI reserves the right to view, monitor, and record activity on the Site without notice or permission from You. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Site. PBI will also comply with all court orders involving requests for such information.
13. Term and Termination
This Agreement will take effect at the time You begin using this Site (thereby indicating acceptance of these Terms and Conditions). PBI reserves the right at any time and for any reason to deny You access to the Site or any portion thereof, and to terminate this Agreement. Termination will be effective without notice.
PBI welcomes Your feedback and suggestions about how to improve this Site. Any ideas, suggestions, information, know-how, material, or other content (collectively, “content”) received through this Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, transferable, worldwide, nonexclusive right and license for PBI to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part), or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content.
PBI may refuse to post, or may remove at any time, any content received through this Site for any reason.
As a charitable 501(c)(3) organization, PBI invites You to provide charitable donations to PBI. Donations help support the goals and mission of PBI.
17. Password Policy
Your use of certain portions of this Site may require a password. Anyone with knowledge of Your password can gain access to the restricted portions of this Site and the information available to You. Accordingly, You must keep Your password secret. By agreeing to these Terms and Conditions, You agree to be solely responsible for the confidentiality and use of Your respective password, as well as for any communications entered through the Site using Your password. You must also immediately notify PBI if You become aware of any loss or theft of Your password or any unauthorized use of Your password. PBI reserves the right to delete or change a password at any time and for any reason.
PBI may employ automated monitoring devices or techniques to protect our systems and/or users from mass unsolicited mailings (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our organizational purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any undesired communication that is not blocked.
19. Limitation of Service
PBI reserves the right to limit, in its sole discretion, the availability of the Site and/or the provision and quantity of any product, service, and/or information to any person, geographic area, or jurisdiction it so desires. Any offer for any service, and/or information made in connection with the Site is void where prohibited.
You agree to defend, indemnify, and hold harmless PBI and its Affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from Your use of the Site, any breach by You of these Terms and Conditions, or any other matter for which You are responsible hereunder or under law.
21. Restricted Rights Legend
Use, duplication or disclosure by the Government is subject to the restriction as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software Clause as DFARS 252.227-7013 and FAR 52.227-19, as applicable. Supplier is PBI, 1001 G St., NW, Suite 305 West, Washington, DC 20001.
Failure to insist on strict performance of any of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by PBI of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
23. Governing Law & Dispute Resolution
Any disputes arising in connection with these Terms and Conditions shall be resolved by binding arbitration in the District of Columbia by a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association. The award shall be enforceable in any court having jurisdiction thereof. The validity, construction, and performance of these Terms and Conditions shall be construed in accordance with the laws of the District of Columbia.
This Site is controlled and operated by PBI from its offices within the United States. PBI makes no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. If You choose to access this Site from other locations, You do so on Your own volition and are responsible for compliance with any applicable local laws.
24. Costs & Attorneys’ Fees
In any action to enforce these Terms and Conditions, the prevailing party will be entitled to reasonable costs and attorneys’ fees.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
26. Entire Agreement/Reservation of Rights