Terms and Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

This web site, including all of its features and content (the "Web Site"), is a service made available by Pro Bono Net, Inc. (the "Provider" or "we"). The following terms and the applicable supplemental terms (collectively, the "Terms of Use") govern your use of the content, information, services, and software provided on or through the Web Site ("Content"). Supplemental Terms of Use govern use of the Web Site: Template Providers, Advocates and Court Personnel, and Self-Help User(s).

1. Limited License to Use Web Site: The Provider grants you a nonexclusive, nontransferable, revocable, limited license to view, execute, and print the Content provided by the Web Site solely for personal and noncommercial informational purposes in accordance with these Terms of Use. Any copyright or attribution notice appearing on the original content or information must appear on all copies of the content or information. In addition, you may use the Web Site to execute the Content with information that you provide to create a document that you may, download, store, and print for your personal use. This created document is your work product, which you use at your own risk, and the Provider assumes no liability for its use.

2. Registration: The use of certain features of the Web Site requires your registration. You agree to provide accurate and complete registration information. If any of the information that you provided when you initially registered changes, you must update your registration information to reflect those changes.

3. Password: The use of certain features of the Web Site requires that you choose a user name and a password and present the user name and password in connection with your use of the Web Site. It is a violation of these Terms of Use for anyone other than you to use your user name or password in connection with the use of the Web Site. You are responsible for preventing such unauthorized use and you assume all liability for the actions of those individuals utilizing your user name and password with your permission. If you suspect the unauthorized use of your user name and password, you must immediately notify the Provider by e-mail to lhi@probono.net. You should select a password that cannot easily be guessed. For example, someone could guess a password that is a name or a birthday. A password that is a random combination of letters and numbers, or an acronym for a phrase is not as easily guessed.

4. Privacy Policy: Your use of the Web Site is subject to the Provider's Privacy Policy, which is available here.

5. No Commercial Usage: This Web Site is intended for use by: low-income individuals; lawyers and their staff providing not-for-profit or reduced fee legal assistance to low-income individuals; self-represented litigants accessing this Web Site through court web sites approved by the Provider; court personnel assisting other permitted users; and nonprofit and charitable organizations and their legal and other representatives acting on their behalf on a not-for-profit basis (the "Permitted Use"). The reproduction, copying, or redistribution of Content for commercial purposes is prohibited without the express written permission of the Provider. (Note: Arkansas, California, New Mexico and New York state court web sites have been approved by the Provider.)

6. Limitations on Use: You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Web Site except to the extent explicitly permitted in these Terms of Use or any applicable Supplemental Terms of Use. You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities, or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy the Web Site without prior written permission from the Provider. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Web Site, except to the extent explicitly permitted above. You may not use or otherwise export or re-export the Web Site or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Web Site or its Content is prohibited.

7. Unlawful Activity: It is a violation of these Terms of Use to use the Web Site in any way that violates the laws of your state, the State of New York, and the United States. The Provider reserves the right to investigate complaints or reported violations of these Terms of Use and to take any action deemed appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information.

8. Provider's Intellectual Property Rights: Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Web Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and may not be used except as provided in these Terms of Use without the express written permission of the Provider. You also agree that the Provider retains its copyrights in the layout and graphics of this site, the collective and compilation copyrights in all databases and navigation design, and all other content created by its employees, contractors, consultants, or other contributors.

9. Use of Provider's Service Marks and Trade Dress: You may use the Provider's service marks in referring to the Content without the Provider's express permission, provided that you follow standard trademark usage practices and provide proper attribution. Any other uses require the Provider's express written permission. You may not use the Provider's service marks or trade dress in a third party service name or publication title; in, as, or as part of your own service or marks; to identify products or services that are not the Provider's; in a manner likely to cause confusion; in a manner that implies inaccurately that the Provider sponsors, endorses, or is otherwise connected with, your own activities, products, and services; as hidden or embedded text in web pages; or in a manner disparaging of the Provider or the Web Site.

10. Links to and from Third Party Sites: If you use any links on the Web Site to reach other web sites not maintained by the Provider, you will leave the Web Site. The linked sites are not under the control of the Provider and the Provider is not responsible for the contents of any linked site or any link contained in a linked site. The Provider provides these links to you only as a convenience and the inclusion of any link does not imply recommendation, approval or endorsement by the Provider of the linked web site, nor does it imply that the linked web site recommends, approves of, or endorses the Provider or the Web Site. You may not link to our website from a third party website; you may not use any information, including text, forms, documents, images, graphics, logos, button icons, information obtained from Provider's licensors, and other content or any copyright material owned by Provider or Provider's licensers or any Provider trademark, service mark or logo for any purposes, including any commercial purpose, without the express written consent of Provider. We reserve the right to withdraw such permission for any link, if granted, at any time.

11. Termination: You are free to terminate your registration with the Web Site at any time for any reason by deleting any answer files you may have saved and ceasing to access the site. The Provider may terminate or suspend your license to the Web Site at any time for any reason in its sole discretion without notice to you. The Provider reserves the right to discontinue the operation of the Web Site at any time for any reason without notice to you.

12. User Conduct: You agree to not use the Web Site to:

13. DISCLAIMER: THE WEB SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. THE PROVIDER DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEB SITE, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THE WEB SITE, THE CONTENT, OR ANY PORTION THEREOF, (D) YOUR USE OF THE WEB SITE OR THE CONTENT, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEB SITE OR THE CONTENT. THE PROVIDER DOES NOT WARRANT OR REPRESENT THAT THE WEB SITE WILL BE ERROR-FREE, FREE OF VIRUSES OR OTHER COMPONENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE WILL ALWAYS BE ACCESSIBLE. THE PROVIDER DOES NOT WARRANT OR REPRESENT THAT THE WEB SITE WILL BE CORRECT, ACCURATE, TIMELY, OR OTHERWISE RELIABLE. YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK, AND THE PROVIDER WILL NOT PROVIDE ANY TECHNICAL OR OTHER SUPPORT IN CONNECTION WITH YOUR USE OF THE WEB SITE.

14. Limitation of liability: BY YOUR USE OF THE WEB SITE, YOU AGREE TO WAIVE ANY AND ALL CLAIMS RELATING TO THE USE OF THE WEB SITE OR ITS CONTENT, WHETHER SUCH CLAIMS ARE AGAINST THE PROVIDER OR ANY OTHER PERSON WHO HAS SUPPLIED CONTENT TO THE WEB SITE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL THE PROVIDER OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE CONTENT OR THE WEB SITE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION FROM YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE WEB SITE. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, THE SOLE OBLIGATION OF THE PROVIDER OR ANY OTHER PERSON WHO HAS SUPPLIED CONTENT TO THE WEB SITE TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.

15. No Technical Support: You are encouraged to bring any errors, problems, or other issues concerning the Content or Web Site to the attention of the Provider for the benefit of your fellow users. However, the Provider will not provide technical or other support in connection with the use of the Web Site and retains the right to respond to your comments in any manner or no manner at all, subject to its sole discretion.

16. Arbitration: Any controversy or claim arising out of or relating to your use of the Web Site or these Terms of Use will be settled by binding arbitration conducted before one arbitrator who is knowledgeable in computer and Internet law. The site of any such arbitration shall be in New York. The arbitration will be conducted in accordance with the then applicable Commercial Arbitration Rules of the American Arbitration Association. The award rendered by the arbitrator will be binding and conclusive on the parties and judgment upon such award may be entered in any court having jurisdiction thereof. Each party will bear its own costs and expenses, including fees and expenses of counsel, associated with the arbitration. The arbitrator will not be empowered to award punitive damages to either party.

17. Indemnification: You agree to indemnify and hold harmless the Provider and any third party providing Content to the Web Site from any and all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, arising as a result of your use of the Web Site.

18. Third Party Rights: The provisions of Sections 13 (Disclaimer), 14 (Limitation of Liability), 16 (Arbitration) and 17 (Indemnification) are for the benefit of the Provider and any third party providing Content to the Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

19. Notification of Alleged Copyright Infringement: The Provider reserves the rights to remove any Content that allegedly infringes a third party's copyright and to prohibit further use of the Web Site by the individuals responsible for said infringement. Notices to the Provider regarding any alleged copyright infringement should be sent by first-class mail, return receipt requested, to LawHelp Interactive Project Coordinator, c/o Pro Bono Net, Inc., 151 West 30th Street, 10th Floor, New York, NY 10001.

20. Choice of Forum: These Terms of Use shall be governed by and construed in accordance with the laws of New York, without giving any effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New York and you hereby consent to the personal jurisdiction of such courts for the purpose of litigating any action.

21. Remedies: You acknowledge that any use of the Web Site contrary to these Terms of Use may cause irreparable injury to the Provider and that, under such circumstances, the Provider will be entitled to equitable relief including, but not limited to, preliminary and permanent injunctive relief, without posting bond or other security.

22. Integration: The version of these Terms of Use currently available at the Web Site, incorporating by reference any supplemental rules or terms posted on the Web Site, constitutes the complete statement of the agreement between you and the Provider. That version supersedes and merges all prior proposals, understandings, and all other agreements, oral and written, between the parties relating to the subject matter of the agreement.

23. Severability and Waiver: If any part of these Terms of Use is found to be invalid, void, or unenforceable, you and the Provider agree that: the remaining parts of the Terms of Use will continue in force; the provision at issue may be replaced by the lawful provision that most nearly matches the original intention of the parties; and that these Terms of Use will in any event remain valid and enforceable. The Provider's failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Provider in writing.

24. Modifications to Terms of Use: The Provider reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on the Web Site and are effective immediately. Your continued use of the Web Site after any update constitutes your agreement to be bound by the updated Terms of Use. You are responsible for regularly reviewing the Terms of Use.

Last revised: May 27, 2010