Effective Date: February 20, 2014
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. YOUR USE OF ANY PART OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO THESE TERMS AND CONDITIONS.
Volunteers of Legal Service (“VOLS”) is an independent organization that is committed to leveraging the good will, resources, and talents of New York City’s best law firms to provide pro bono legal assistance to low-income New Yorkers.
These Terms and Conditions (these “Terms and Conditions”) constitute a binding agreement between you (as an individual user of the site, “User,” and together with all end users of the Site, “Users”) and VOLS governing your use of the website [http://www.volsprobono.org] (the “Site”), and all content on the Site such as text, captions, articles, information, images, photos, graphs, video, sound, music, links, comments and other information, services and materials (collectively, “Content”) made available to Users by VOLS and/or third parties.
If User does not accept and agree to these Terms and Conditions, do not use the Site. Please note that these Terms and Conditions only apply to the Site. If User has further questions about the Terms and Conditions, please contact VOLS at firstname.lastname@example.org.
All rights, including without limitation intellectual property rights (including without limitation copyrights, trademarks, trade secrets and patents), in the Content are the property of VOLS or their respective holders unless indicated otherwise. VOLS retains all rights in the individual pages, and their components, and collective works available on the Site. The Content is protected by state, federal, international and worldwide intellectual property laws and treaty provisions, and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, except as stated below or as otherwise agreed by VOLS in writing. VOLS, the Site, and the logos associated with these properties are trademarks and the property of VOLS. All other names and trademarks on the Site are the property of their respective holders. User shall not modify, license, publish, participate in the licensing or sale of, create derivative works of, or in any way exploit any of the Content or other property interests of VOLS, in whole or in part, unless expressly authorized in writing to do so by VOLS.
Notwithstanding the foregoing, VOLS hereby grants User a personal, non-exclusive license to personally and not for any commercial purpose or for the benefit of any other entity, corporation, organization or person, use the Site, subject to the conditions that (1) User may not modify, copy, distribute, display, reproduce, publish, license, create derivative works from, sell or transfer any Content, information, or services obtained or accessed from the Site unless the law otherwise provides or VOLS grants User prior written permission; (2) in no circumstance shall title to any Content found on the Site be transferred to User by function of this license; and (3) User may not use the Site or any Content for any purpose that is unlawful or to solicit the performance of any illegal activity that infringes upon the rights of VOLS or others. Any unauthorized use of any Content or information on the Site may violate patent, copyright, trademark, and other laws.
VOLS may terminate this license at any time if User is in breach of any of the terms of these Terms and Conditions. Upon termination, User shall immediately destroy any and all Content in User’s possession, if any, and cease use of the Site. VOLS reserves the right, in its sole discretion, to discontinue or make changes to the Site and/or Content at any time.
VOLS may restrict access to certain areas of the Site (“Secure Areas”). Only those Users to whom VOLS provides or enables to create a username and password (individually and collectively, “Username”) will be able to access certain Secure Areas. In the event that VOLS provides User with a Username, User is solely responsible for (1) not allowing another person to use User’s Username to access any of the Secure Areas; and (2) promptly informing VOLS by e-mail addressed to email@example.com of (i) any suspected or unauthorized use of User’s Username; (ii) the intentional or inadvertent disclosure of User’s Username or any portion thereof; or (iii) any other need to deactivate User’s Username or remove any Content due to potential or actual security concerns. User agrees to indemnify and hold VOLS harmless for any claims, damages or losses that may be incurred or suffered by any party, including but not limited to VOLS and other Users of the Site, as a result of User or User’s failure to maintain the integrity of User’s Username. Any attempt to obtain unauthorized access or to exceed authorized access to the Site will be considered trespass and computer fraud and abuse, punishable under state and federal laws.
To use the Site, Users must be thirteen (13) years of age or older. Use of the Site is void where prohibited. The Site is intended solely for Users who are 13 years of age or older, and VOLS does not knowingly collect personally identifiable information (including User Information) from any person VOLS actually knows is a child under the age of 13. Any use of or access to the Site by anyone under the age of 13 is unauthorized, unlicensed and in violation of these Terms and Conditions. Any User who is at least 13 years of age but under eighteen (18) years of age (or the age of legal majority under applicable law) may only use the Site with legal parental or guardian consent. By using the Site, User represents and warrants that User is at least 18 years of age (or the age of legal majority under applicable law) or older or possesses legal parental or guardian consent, and that User agrees to abide by all terms, conditions and limitations set forth in these Terms and Conditions. If a parent or guardian of a User under the age of 18 (or the age of legal majority under applicable law) becomes aware that such User is using the Site without their consent, such parent or guardian should contact VOLS at firstname.lastname@example.org.
THE SITE AND ANY INFORMATION AND CONTENT PROVIDED AT OR THROUGH THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT LEGAL ADVICE, NOR IS IT INTENDED TO BE LEGAL ADVICE. INFORMATION AND CONTENT ON THE SITE IS NOT INTENDED AS A SUBSTITUTE FOR LEGAL COUNSEL AND IS NOT INTENDED TO CREATE, AND NEITHER USE OF THE SITE NOR RECEIPT OF ANY CONTENT FROM THE SITE SHALL CONSTITUTE OR CREATE, ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN USER, ON THE ONE HAND, AND VOLS OR ANY ATTORNEY THAT PROVIDES LEGAL SERVICES TO, THROUGH, OR IN CONNECTION WITH VOLS, ON THE OTHER HAND. SIMILARLY, SENDING OR SUBMITTING ANY CONFIDENTIAL OR OTHER INFORMATION THROUGH OR USING THE SITE DOES NOT CREATE, AND RECEIPT OF IT BY VOLS DOES NOT CREATE OR CONSTIUTE, ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN USER, ON THE ONE HAND, AND VOLS OR ANY ATTORNEY THAT PROVIDES LEGAL SERVICES TO, THROUGH, OR IN CONNECTION WITH VOLS, ON THE OTHER HAND. INFORMATION AVAILABLE ON THE SITE IS GENERAL IN NATURE, AND MAY NOT APPLY TO PARTICULAR FACTUAL OR LEGAL CIRCUMSTANCES. THEREFORE, USERS SHOULD NOT ACT UPON ANY CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE SITE WITHOUT FIRST SEEKING PROFESSIONAL LEGAL COUNSEL.
THE SITE AND ANY INFORMATION AND CONTENT PROVIDED AT OR THROUGH THE SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL VOLS, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, DONORS, ATTORNEYS AND AGENTS BE LIABLE TO USER OR ANY OTHER ENTITY FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE CONTENT; (2) RELIANCE ON THE CONTENT; (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR DISCLOSURES; (4) THE SATISFACTION OF ANY GOVERNMENT REGULATION REQUIRING DISCLOSURE OF INFORMATION CONTAINED WITHIN THE SITE; (5) ANY OTHER FAILURE TO PERFORM BY VOLS OR VOLS’ CONTENT PROVIDERS, VENDORS, OR ORGANIZATIONS WITH WHICH VOLS CONDUCTS BUSINESS, OR (6) INFORMATION COMMUNICATED THROUGH FORUMS, CHAT ROOMS, MESSAGE BOARDS, COMMENTS OR OTHER SOCIAL NETWORKING FUNCTIONS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER VOLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOREOVER, VOLS IS NOT RESPONSIBLE FOR THE ACTIONS OR MATERIALS OF THIRD PARTIES, AND USER RELEASES VOLS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, DONORS, ATTORNEYS AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIMS USER HAS OR MAY HAVE AGAINST ANY SUCH THIRD PARTIES. VOLS ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT USER’S ACCESS TO AND USE OF THE SITE, CONTENT, OR THIRD PARTY SITES (1) WILL BE UNINTERRUPTED OR ERROR-FREE; (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS; (3) IS SECURE; OR (4) WILL MEET USER’S SATISFACTION. USER IS RESPONSIBLE FOR TAKING ALL PRECAUTIONS USER BELIEVES ARE NECESSARY OR ADVISABLE TO PROTECT USER AGAINST ANY CLAIM, DAMAGE, LOSS, LIABILITY OR HAZARD THAT MAY ARISE BY VIRTUE OF USER’S USE OF THE SITE.
Because some jurisdictions may not permit each of these disclaimers and limitations, some or all of these limitations may not apply to User. VOLS and its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders, donors, attorneys and agents further do not warrant the accuracy or completeness of any of the information, text, graphics, links or other items contained within the Content. VOLS may make changes to the Content, or to the Site or the services and/or materials described therein, at any time without notice to User. VOLS makes no commitment to update the Content. Any description of Content is not a representation that any such Content is available for distribution in User’s location.
IF, NOTWITHSTANDING THE OTHER TERMS OF THESE TERMS AND CONDITIONS, VOLS SHOULD HAVE ANY LIABILITY TO USER OR ANY THIRD PARTY FOR ANY CLAIM, LOSS, HARM OR DAMAGE, USER AGREES THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE VALUE OF $1.00. USER AND VOLS AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN USER AND VOLS. USER ACKNOWLEDGES THAT ABSENT USER’S AGREEMENT TO THIS LIMITATION OF LIABILITY, VOLS WOULD NOT PROVIDE ACCESS TO THE SITE TO USER. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO USER. IN SUCH CASES, VOLS’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
User agrees to defend, indemnify and hold VOLS, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders, donors, attorneys and agents harmless against any claims, losses, expenses, liabilities, costs or damages (including VOLS’ reasonable attorneys’ fees, expert fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) User’s breach of these Terms and Conditions; (2) User’s unauthorized, unlawful, fraudulent, or abusive use of the Site and/or the Content; and/or (3) the unauthorized, unlawful, fraudulent, or abusive use of the Site by any other person using your Username.
USER HEREBY GRANTS VOLS AND OUR AFFILIATES, VENDORS, SERVICE PROVIDERS, AND ORGANIZATIONS WITH WHICH VOLS WORKS (1) A WORLD-WIDE, NON-EXCLUSIVE, PERPETUAL, IRREVOCABLE, TRANSFERRABLE, FULLY-PAID AND ROYALTY-FREE LICENSE TO USE, COPY, REPRODUCE, MODIFY, PROMOTE, PUBLISH, TRANSLATE, ADAPT, PREPARE DERIVATIVE WORKS BASED UPON, DISTRIBUTE, PERFORM, DISPLAY, MAKE COMMERCIAL USE, OFFER FOR SALE, SELL, PROFIT FROM, STORE, TRANSMIT OR OTHERWISE EXPLOIT USER’S COMMUNICATIONS, IN WHOLE OR IN PART (INCLUDING BUT NOT LIMITED TO ANY AND ALL DATA, IMAGES, VIDEOS, SOUNDS, TEXT, CAPTIONS, AND OTHER THINGS EMBODIED THEREIN), IN ANY FORM, MEDIA OR TECHNOLOGY KNOWN OR HEREAFTER DEVELOPED FOR ANY PURPOSE, INCLUDING, BUT NOT LIMITED TO ADVERTISING AND PROMOTIONAL PURPOSES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND (2) THE ABILITY TO GRANT OTHER USERS OF THE SITE, WITHOUT USER’S FURTHER PERMISSION OR APPROVAL, A LICENSE WITH RESPECT TO USER’S COMMUNICATIONS AS SET FORTH IN SECTION 2 OF THESE TERMS OF SERVICE.
User hereby waives any and all claims against VOLS for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with VOLS’ use, dissemination and publication of User’s Communications. VOLS shall be free to use any information, ideas, concepts, know-how or techniques contained in such Communications for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, offering for sale, and selling products and services incorporating such information.
User is prohibited from posting or transmitting to or from the Site any unlawful, infringing, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law in the United States or in the country in which User is located. User specifically agrees that User is solely responsible for User’s conduct on the Site. User represents and warrants that: (i) User owns the Communications posted by User or User otherwise has the right to grant the license set forth in this section, and (ii) the posting and submission of Communications by User does not violate the privacy rights, publicity rights, copyrights, intellectual property rights, contract rights or any other rights of any person or entity. User agrees to pay for all royalties, fees, and any other monies owed to any person by reason of any Communications posted by User.
User is solely responsible for the Communications that User posts, and any material or information that User transmits to VOLS, the Site, other Users and for User’s interactions with other Users. VOLS does not endorse and cannot control the Communications. VOLS does not necessarily review Communications prior to posting and the Communications may not reflect VOLS’ opinions or policies. VOLS makes no warranties, express or implied, as to the Communications or to the accuracy and reliability of the Communications or any material or information that User transmits to VOLS or other Users.
User agrees that User will not post, submit, email or make available any Communications or other content such as text, information, images, software and other information, services and materials on the Site, using or through the Site, or to any users of the Site:
Additionally, User agrees not to:
User agrees not to authorize or encourage any third party to use the Site to facilitate any of the foregoing prohibited conduct. User also agrees to immediately notify the VOLS in the event of an actual or threatened claim that User has violated any of the covenants and agreements contained in these Terms and Conditions.
User is prohibited from revealing the name or other personally identifying information of any other Users unless that other individual User has previously revealed his or her own name or personally identifying information in Communications sent by that user to the Site. Any attempt to obtain unauthorized access or to exceed authorized access to the Site shall be considered trespass and computer fraud and abuse, punishable under state and federal laws.
VOLS reserves the right to remove any material alleged to be infringing any third-party rights pending further investigation.
If necessary and in accordance with applicable law, VOLS will cooperate with local, state, federal, international and/or worldwide government authorities to protect this Site, visitors, customers, members, VOLS, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders, donors, attorneys and agents in order to: (1) prevent unauthorized use of this Site; and/or (2) comply with any requirements of law or judicial process that are applicable to VOLS.
Other websites, materials, or locations that may be linked to or from the Site (“Linked Sites”) are not necessarily under the control of VOLS and VOLS is not responsible for, nor does it certify, the content of any Linked Sites or any link contained in a non-affiliated Linked Site. VOLS reserves the right to terminate any link or linking program at any time. The inclusion or omission of Linked Sites is not intended to endorse any particular companies or services. If User decides to access a Linked Site, User does so entirely at User’s own risk. Any links to any portion of the Site are the responsibility of the linking party, and VOLS is not be responsible for notification of any change in name or location of any information on the Site. VOLS reserves the right to request any web site administrator to disable or remove any link that violates any rights of VOLS or causes interruption or deterioration of Content provided by VOLS.
If User believes that User’s work has been copied in a way that constitutes copyright infringement, please provide VOLS’ Copyright Agent the written information specified below:
Please note that this procedure is exclusively for notifying VOLS that User’s copyrighted material has been infringed. VOLS’ Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
Volunteers of Legal Services
281 Park Avenue South
New York, New York 10010
Attn: Copyright Agent
13. Applicable Laws
The Site is controlled by VOLS from its offices in New York, United States. VOLS makes no representation that Content on the Site is appropriate or available for use in other locations; access to the Site and/or Content from territories where such access and Content is illegal is prohibited. Users accessing the Site from other locations do so on their own initiative and are responsible for compliance with all applicable local laws. User may not use or export any Content in violation of United States export laws or regulations.
14. Dispute Resolution
Any dispute between User and VOLS arising out of these Terms and Conditions shall be resolved first by direct communication with one or more of VOLS’ management team members. Should User and VOLS be unable to resolve the dispute by communication and both User and VOLS jointly agree to do so, User or VOLS may submit any dispute arising out of or relating to these Terms and Conditions, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association nearest the place of VOLS’ headquarters. The arbitrator shall fully implement the intent and purposes of these Terms and Conditions and indemnify non-breaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys’ fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded. Each User expressly waives his or her right to sue in court and WAIVES HIS OR HER RIGHT TO PROCEED BEFORE A JURY. Each User also agrees that arbitration under this provision shall be solely between VOLS and that User on an individual basis and there can be no class or other representative arbitration. This means User shall have no right to represent anyone but himself or herself in any arbitration.
15. Entire Terms and Conditions and Amendment of Terms and Conditions
VOLS may occasionally, and reserves the right at any time, to amend these Terms and Conditions. If VOLS does update these Terms and Conditions, VOLS will update the “Effective Date” at the top of these Terms and Conditions. VOLS encourages Users to periodically review these Terms and Conditions to stay informed about VOLS’ Terms and Conditions.
USER’S CONTINUED USE OF THE SITE CONSTITUTES USER’S AGREEMENT TO THESE TERMS AND CONDITIONS AND ANY UPDATES TO THESE TERMS AND CONDITIONS.
User’s right to access and use the Site and/or Content immediately terminates without further notice upon User’s breach of these Terms and Conditions. VOLS may terminate these Terms and Conditions and/or User’s right to use the Site at any time, with or without cause. Sections 1, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, and 22 of these Terms and Conditions shall survive the expiration or termination of these Terms and Conditions for any reason whatsoever.
VOLS may assign these Terms and Conditions, in whole or in part, in its sole discretion. User may not assign User’s rights under these Terms and Conditions without VOLS’ prior written permission. Any attempt by User to assign User’s rights under these Terms and Conditions without VOLS’ permission shall be void and non-binding on VOLS.
Any failure to enforce any term or provision of these Terms and Conditions shall not be deemed a waiver of that or any other breach of that or any other term or provision of these Terms and Conditions. In addition, any failure to enforce any term or provision of these Terms and Conditions shall not constitute a waiver of a future breach of that or any other term or provision of these Terms and Conditions.
VOLS shall not be liable for any failure or unavailability of the Site and/or Content as a result of strikes, lockouts, calamities, acts of God, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond VOLS’ control.
User agrees that, where VOLS is required to provide User with notice under these Terms and Conditions, acceptable and sufficient forms of notice include, but are not limited to, the following:
(i) e-mail to the most recent e-mail address that User has provided to VOLS, regardless of the current status of that e-mail address;
(ii) written communication delivered by first class U.S. mail to the most recent physical address that User has provided to VOLS, regardless of the current status of that physical address; or
(iii) such other method of communication as User specifically requests in writing that VOLS use.
VOLS shall have sole discretion to select which of the above methods of notice that it shall use, and shall not be required to use more than one of these methods to provide notice.
User accepts sole responsibility for providing VOLS with notice of changes to User’s physical address and/or User’s e-mail address.
Except as otherwise set forth above, User may give notice to VOLS at any time via electronic mail to email@example.com or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:
Volunteers of Legal Services
40 Worth Street, Suite 820
New York, NY 10013-2904
Attn: Bill Lienhard
The headings of articles and sections contained in these Terms and Conditions are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms and Conditions.
If any provision of these Terms and Conditions shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.