TERMS OF USE

Last updated: August 1, 2016



Pro Bono Net: Closing the Gap Terms of Use

 

Pro Bono Net, Inc. (PBN, for short) is a New York non-profit corporation that provides the website, https://www.remotelegalservices.org/ctg, (the "Site") as a free platform for individuals to remotely connect with attorneys. PBN also offers certain features of the Site as a service to legal service organizations ("LSOs") giving not-for-profit legal assistance to such individuals.

When you use this Site you agree to all of the terms listed below. Please read them carefully. Also, check these Terms of Use periodically because PBN updates them from time to time. All updates become effective when posted.

Using this site means you agree to review and follow these:


Together, these terms, updates, and other policies and rules form the complete agreement between you and PBN. The most recent version always supersedes any previous version, whether oral or written.

Click on any section:


Legal Claims and Procedures


Additional Terms for LSOs and Advocates



 

1. Use of this Site does not make you PBN's client

By using this Site, you agree that your use of this Site does not create any attorney-client relationship or any other fiduciary relationship between you and PBN. The Site may provide information for your reference, but it does not give you legal advice.

Because this Site and PBN’s support staff are not lawyers, they cannot:


This Site will allow you to communicate with attorneys ("Advocates”) at LSOs. These LSOs and Advocates are not affiliated with or controlled by PBN, and PBN does not approve, endorse or recommend any particular LSO or Advocate. Any attorney-client relationship you enter into with the LSO is strictly between you and the LSO.

By using this Site to interact with an Advocate assigned to you by an LSO, you agree to share any information you submit to the website with the Advocate and LSO. Any advice given to you by an LSO or an Advocate through the Site (for example, through a videoconference through the Site) reflects solely the opinion and advice of that LSO or Advocate, and not PBN’s.

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2. Who May Use This Site

To use any part of this Site, you must be:


You may use this Site if you:


By using this Site, you further agree that:


Warning! PBN can cancel your account at any time if you do not follow these Terms of Use.

* Additional Terms of Use for Advocates appear below.

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3. Not for Commercial Use

This Site was created for:

You may not use this Site for any commercial purpose.

Unless PBN gives you its written permission, you may not reproduce, copy, change, publish, display, or distribute any part of this Site, except as allowed by the terms of this agreement.

Warning! Do not use this Site to practice law if you are not a lawyer. If you do, you may face criminal and civil charges for practicing law without a license.

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4. User information

To use certain parts of this Site, you must provide your registration information, including a username (your mobile number or e-mail) and password. The information you provide must be correct and complete, and you must update it if any of that information changes.

To use this Site, you must agree to:


Protect Your Password: To protect your information, your password should not use your name, birthday, address, street name, Social Security number, alien registration number, driver’s license number, a single word, or other information that is easy to guess. A strong password should include a combination of capital and lowercase letters, numbers, and symbols and should be at least 8 characters long.

If you suspect someone is using your login information, contact us right away at: CTG@probono.net.

This Site also may collect certain personal information from you. For information regarding your rights and PBN’s use of this information, please review our privacy policy.

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5. No Illegal Activity

PBN may investigate complaints and reported violations. If we suspect illegal or inappropriate activity, we may report it to law enforcement officials, regulators, or other parties. We may disclose user information of anyone or any entity involved in that activity to the extent necessary, including: user profiles, e-mail addresses, usage history, submitted or uploaded materials, IP addresses, and traffic information. If possible, we will take reasonable steps to minimize the disclosure of confidential information of users who are not the target of the investigations, such as by redacting confidential information.

You must not use this Site in any way that would be considered illegal under New York law, U.S. law, or the laws of your state.
Do not use this Site to:



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6. PBN's Ownership Rights

This Site is protected by copyrights, trademarks, trade dress, service marks, patents and other proprietary rights and laws. PBN alone owns its copyrights to this Site’s layout, graphics, navigation design, source code, the collective and compiled copyrights in its databases, and all other content created by PBN employees, contractors, consultants, and contributors to this Site.

You may not use or alter any of the information or content on this Site in any way, except that you may use the Site and print copies of it for personal, non-commercial use. Any print-outs from this Site must retain all copyright, trademark and other proprietary notices.

You may not use PBN’s trademarks, service marks, or trade dress in any way, including in:



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7. Follow PBN's Rules

To use this Site you must follow these Terms unless you get PBN’s express written permission to do otherwise.

Do not:


You must not use any part of this Site, its content, or its underlying programs to:


You must not use any material owned by PBN or licensed to PBN by a third party for any use, especially not for any commercial use. This includes:



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8. Communications with PBN

You may communicate with PBN by e-mail at CTG@probono.net.

If you send us an e-mail, please be advised that the Internet is not a secure method of transmitting the information. We shall have no liability for any loss or damage that results from interception and/or unauthorized use by third parties of any information you send by e-mail. For information regarding our use of your e-mail address and other personal information, please review our privacy policy.

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9. Privacy

To use this site you must agree to PBN’s privacy policy.

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10. Confidentiality

PBN takes reasonable steps to keep your information confidential. Please be aware: If you are working with a LSO through the Site, your Advocate and administrators from the LSO may be able to access the information you provide at this Site. Only your assigned Advocate and the administrators from the LSO and PBN can access your information, and if you choose to end your relationship with an Advocate, he or she will no longer have any access to your information. For additional information, please review our privacy policy.

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11. Closing Your Account

You may:


To request deletion of your information, please contact CTG@probono.net. Send your request from the email address you used to register. If you registered using a mobile phone number, you may send your request by first-class mail, return receipt requested, to the following address: Closing the Gap NY Project Coordinator, c/o Pro Bono Net, Inc., 151 West 30th Street, 6th Floor, New York, NY 10001.

PBN may terminate or suspend your account and license to this Site at any time for any reason, without notice to you. If you do not access your account for 180 days, your account and any information you have entered may be deleted.

PBN may also close this Site at any time for any reason, without notice to you.

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12. Links

Links to other websites

This Site may list links to other websites. We do this for your convenience only. When you click on a link to another website, you leave this Site. Those links are not a recommendation or approval of those sites or their owners, and those websites are not under PBN’s control. PBN is not responsible for those websites, the information, services or products they may offer, or any loss or damage you may have at those sites.

Links to this Site

You may not link to this Site from another website for commercial purposes. Any links to this Site from other sites do not imply any affiliation between PBN and those other sites.

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13. Disclaimer

We do not warrant or guarantee that the information on this Site or provided by PBN’s support staff is accurate or up-to-date. We do not warrant or guarantee any results based on your use of this Site. When you use this Site, you do so at your own risk.

PBN does not guarantee any support to users of this Site. This Site is provided to you "as is, and as available."

PBN does not guarantee or warrant this Site or its content to be always available, correct, up-to-date, reliable, free of viruses or other defects, or that any problems or inaccuracies will be corrected.

PBN is not responsible for any loss, injury, claim, liability, or damage related to:


PBN makes no guarantee that any material on this Site is


PBN DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

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Legal Claims and Procedures

14. Limited Liability

BY YOUR USE OF THIS SITE, YOU AGREE TO WAIVE ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE OR ITS CONTENT, WHETHER SUCH CLAIMS ARE AGAINST PBN OR ANY OTHER PERSON WHO HAS SUPPLIED CONTENT TO THE SITE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL PBN OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE 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, THIS SITE. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, THE SOLE OBLIGATION OF PBN OR ANY OTHER PERSON WHO HAS SUPPLIED CONTENT TO THE SITE TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.

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15. Indemnification

You agree to indemnify and hold harmless PBN and any third party providing content to this Site, including LSOs and Advocates, from any and all claims, losses, expenses, damages and costs, including but not limited to reasonable attorneys' fees, arising as a result of your use of this Site.

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16. Arbitration

Any claims made related to this Site must be settled in New York by binding arbitration. The arbitration will be conducted in accordance with the then applicable Commercial Arbitration Rules of the American Arbitration Association. Each side will pay for its own costs, including attorney fees and costs.

If you go to arbitration, your claim will be decided by one arbitrator selected by PBN who is knowledgeable about computer and Internet law.

The arbitrator’s award will be binding and conclusive, and a judgment on any award may be entered in any court having jurisdiction. The arbitrator may not award punitive damages.

Any claim made related to this Site will be arbitrated (or litigated, as the case may be) on an individual basis and shall not be consolidated with any claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.

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17. Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State 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.

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18. Enforcing PBN's Rights

When you use this Site, you agree that any use that violates these Terms of Use may cause irreparable injury to PBN. If you do not follow these terms, you agree that PBN will:



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19. Third Party Rights

PBN and any LSO or other contributor or third party submitting materials to this Site have the right to enforce this agreement’s provisions for Disclaimer (13), Liability (14), Arbitration (16), Indemnification (15), and Enforcement (18) against you on its own behalf.

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20. Severability

If any part of these Terms of Use is found invalid or unenforceable, PBN and you agree that:


Even if a term of this agreement goes unenforced, PBN does not waive any part of this agreement, unless it does so in writing.

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21. Notification of Alleged Copyright Infringement

PBN reserves the rights to remove any content that allegedly infringes a third party's copyright or otherwise violates the rights of any third party, or for any reason whatsoever, and to prohibit further use of this Site by the individuals responsible for said infringement or violation. PBN also reserves the right to pursue any party that submits an erroneous declaration. If you believe that any content appears on this Site in violation of your copyright or other proprietary rights, you should send a notice to PBN by first-class mail, return receipt requested, at the following address: Closing the Gap NY Project Coordinator, c/o Pro Bono Net, Inc., 151 West 30th Street, 6th Floor, New York, NY 10001. Such notice should include the following:

  1. Identification of the copyrighted work claimed to have been infringed.
  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit PBN to locate the material.
  3. Information reasonably sufficient to permit PBN to contact you, such as an address, telephone number, and, if available, an e-mail address.
  4. The signature of the complaining party.
  5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
  6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."



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22. Integration

The version of these Terms of Use currently available at this Site, incorporating by reference any supplemental rules or terms posted on this Site, constitutes the complete statement of the agreement between you and PBN. 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.

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23. Modification to Terms of Use

Updated versions of the Terms of Use will appear on this Site and are effective immediately. Your continued use of this 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.

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Additional Terms for LSOs and Advocates

24. Not-for-Profit Use by LSOs and Advocates

If not used for profit, this Site may be used by LSOs.

      o An organization giving not-for-profit legal assistance and their staff

      o Volunteer lawyers who are providing pro bono legal assistance on behalf of an LSO

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25. LSO and Advocate Responsibilities

When you use this Site, you agree that you alone are responsible for:


Parts of this website use embedded content built on the LawHelp Interactive platform, and your use of this tool is conditioned on your agreement to the LawHelp Interactive Terms of Use. If these Terms of Use and LawHelp Interactive's Terms of Use conflict, the LawHelp Interactive Terms of Use control with respect to your use of the LawHelp Interactive embedded content, and these Terms of Use control with respect to your use of the remainder of the Site.

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26. Ethics Notice for LSOs and Advocates

When you use this Site, you must follow all applicable ethical rules and standards, including for:


PBN is not responsible for your compliance with these rules.

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27. Confidentiality and Attorney-Client Privilege

When you use this Site, you do not have an attorney-client relationship or other fiduciary relationship with PBN.


Caution! Before using email, videoconferencing, or this Site to communicate confidential case or client information, consult your local ethics rules for communicating privileged information via email and the Internet.

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