Terms of Use
Disclaimer
The State Bar of Arizona does not offer legal advice. The
information contained in the website of the State Bar of Arizona is
general in nature and may not reflect current legal developments.
The State Bar of Arizona makes no guarantees, representations or
warranties as to the accuracy or adequacy of the information
contained in its website. Do not act or rely on any information
contained in the website of the State Bar of Arizona without first
consulting with an attorney admitted to practice law in your
jurisdiction. The information contained in the website of the State
Bar of Arizona is not a substitute for obtaining competent legal
advice from an attorney. No attorney-client relationship or other
professional relationship of any nature whatsoever is created by
your use of the website of the State Bar of Arizona.
TERMS OF USE FOR THE WEBSITE
OF THE STATE BAR OF ARIZONA
THESE TERMS OF USE GOVERN AND CONTROL THE USE OF THE WEBSITE OF
THE STATE BAR OF ARIZONA. REVIEW THESE TERMS OF USE CAREFULLY. IF
YOU DO NOT ACCEPT ALL OF THESE TERMS OF USE IN THEIR ENTIRETY, THEN
DO NOT USE THE WEBSITE OF THE STATE BAR OF ARIZONA. BY YOUR USE OF
THE WEBSITE OF THE STATE BAR OF ARIZONA, YOU HEREBY AGREE TO BE
BOUND BY THE FOLLOWING TERMS OF USE:
1. Website: The website of the State Bar of Arizona (the
"Website") is provided free of charge to the public. The purpose of
the Website is to provide information that is general in nature.
The State Bar of Arizona makes no guarantees, representations or
warranties as to the accuracy, adequacy, completeness or currency
of the information provided in or linked from the Website. Any
future modifications or enhancements to the Website shall be
governed and controlled by these Terms of Use.
2. User: The user of the Website (the "User") represents and
warrants to the State Bar of Arizona that they are eighteen (18)
years of age or older, that they are competent to enter into and be
bound by these Terms of Use, and that they will use the Website
pursuant to these Terms of Use. The rights of the User are limited
to those expressly granted under these Terms of Use. By their use
of the Website, the User agrees to be bound by these Terms of
Use.
3. No Legal Advice: The information contained in the Website is
not intended to be and does not constitute legal advice, counseling
or recommendations under any circumstances. The use of the Website
does not create an attorney-client relationship or other
professional relationship between the User and the State Bar of
Arizona. The Website is not a legal referral service and the State
Bar of Arizona does not receive any fees or commissions from any
attorneys relating to the Website. The State Bar of Arizona
strongly recommends that if the User has a specific legal issue
then they engage an attorney admitted to practice law in their
jurisdiction. The User is exclusively responsible for their
selection of an attorney and for making all arrangements with that
attorney. THE WEBSITE OF THE STATE BAR OF ARIZONA IS NOT A
SUBSTITUTE FOR COMPETENT LEGAL ADVICE. RELIANCE ON AND USE OF THE
INFORMATION CONTAINED IN OR LINKED FROM THE WEBSITE OF THE STATE
BAR OF ARIZONA IS DONE AT YOUR OWN RISK.
4. Communications: All communications sent to the State Bar of
Arizona by the User including without limitation letters,
electronic mail and articles are done so publicly and are not
confidential or protected by any professional privilege or
relationship. Unless specifically agreed to in writing prior to
sending, all communications sent to the State Bar of Arizona by the
User becomes the exclusive property of the State Bar of
Arizona.
5. License: The State Bar of Arizona hereby grants the User with
a nonexclusive, nontransferable, revocable and limited license to
use the Website for their personal, informational, noncommercial
purposes provided that they do not remove or obscure the copyright
notice or any other intellectual property notices appearing
therein. The State Bar of Arizona reserves, and the User hereby
disclaims, all rights to and titles in the Website including
without limitation all copyrights, patents, trademarks and trade
secrets. All information and materials contained in the Website
including without limitation designs, documents, graphics, images,
information, logos, products, services, software and sounds are the
exclusive property of the State Bar of Arizona and may not be
copied, displayed, distributed, downloaded, linked, modified,
posted, reproduced, republished or transmitted in any form or by
any means including without limitation electronic, mechanical,
photocopying and recording without the prior written consent of the
State Bar of Arizona.
6. Third-Party Information: The State Bar of Arizona in the
Website may provide references and links to information contained
in websites owned or operated by third-parties that are not related
to the State Bar of Arizona. These references and links in the
Website are provided only for the convenience of the User and do
not imply approval, endorsement or sponsorship of such information
or websites by the State Bar of Arizona. The State Bar of Arizona
has no control over and is not responsible for the information
found in the websites of third-parties and makes no guarantees,
representations or warranties as to the accuracy, adequacy,
completeness or currency of such information.
7. Performance: The State Bar of Arizona does not guarantee the
performance or the availability of the Website either at a
particular time or for a particular purpose. The State Bar of
Arizona also does not guarantee, represent or warrant that the
Website will be error-free, free of any viruses or other harmful
components, or that any errors or defects in the Website will be
corrected. The State Bar of Arizona reserves the right in its
exclusive discretion at any time without notice to amend, limit,
modify, suspend or terminate the Website.
8. Applications: The User acknowledges that security is an
important component of the Website and that even a comprehensive
security system can not prevent a security breach incident and that
the receipt and transmission of some or all computer viruses or
other harmful or destructive elements can not be prevented. The
Website may include certain computer software applications designed
to enhance, limit or protect the Website including without
limitation a computer software application designed to prevent the
unauthorized access to the Website and a computer software
application designed to prevent the receipt and transmission of
computer viruses or other harmful or destructive elements. The User
agrees to not breach, modify, attempt to breach, or attempt to
modify the computer software applications of the Website.
9. Advertisers: The Website may contain information from
advertisers and sponsors. The advertisers and sponsors of the
Website are not related to the State Bar of Arizona and are
exclusively responsible for ensuring that all information and links
contained in the Website are accurate, complete, and comply with
any applicable laws. The User is exclusively responsible for their
business dealings with the advertisers and sponsors of the
Website.
10. WARRANTIES: THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS. THE
STATE BAR OF ARIZONA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES
INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY AND
THE WARRANTY FOR A PARTICULAR PURPOSE. THE STATE BAR OF ARIZONA
DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY
OR DAMAGE OF ANY KIND WHATSOEVER EITHER RESULTING FROM OR ARISING
OUT OF OR IN ANY WAY RELATED TO THE USE OF THE WEBSITE.
11. LIMITATION OF LIABILITY: THE STATE BAR OF ARIZONA SHALL NOT
BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY
KIND WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN ANY WAY
RELATED TO THE USE OF THE WEBSITE. THE STATE BAR OF ARIZONA SHALL
NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER (INCLUDING
WITHOUT LIMITATION ATTORNEYS' FEES) EITHER RESULTING FROM OR
ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE WEBSITE
REGARDLESS OF THE THEORY OF LIABILITY. THIS LIMITATION SHALL APPLY
EVEN IF THE STATE BAR OF ARIZONA HAS BEEN EITHER ADVISED OF OR IS
AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
12. INDEMNIFICATION: THE USER SHALL DEFEND AND INDEMNIFY AND
HOLD HARMLESS THE STATE BAR OF ARIZONA FROM ANY AND ALL CLAIMS
RESULTING FROM OR ARISING OUT OF OR IN ANY WAY RELATED TO THE USE
OF THE WEBSITE BY THE USER. THE STATE BAR OF ARIZONA RESERVES THE
RIGHT TO PARTICIPATE IN AND CONTROL ITS DEFENSE AND RESERVES THE
RIGHT TO REQUIRE REIMBURSEMENT FOR THE COSTS, EXPENSES AND FEES OF
ITS DEFENSE FROM THE USER.
13. Attorney Ethics: If the User is an attorney admitted to
practice law, whether in Arizona or elsewhere, then the attorney
acknowledges that the Rules of Professional Conduct for the
jurisdiction in which they are admitted to practice law apply to
and govern all aspects of their use of the Website. Such Rules of
Professional Conduct include without limitation the rules regarding
the solicitation of clients, the unauthorized practice of law and
the misrepresentation of fact. The State Bar of Arizona hereby
disclaims all responsibility for the compliance of an attorney with
the Rules of Professional Conduct.
14. Privacy: The State Bar of Arizona respects the privacy of
the User. Therefore, the State Bar of Arizona shall not license or
sell to third-parties the Personal Information of the User.
Personal Information for purposes of this section shall mean only
that information which specifically identifies the User and their
use of the Website. The State Bar of Arizona may collect and use
the Personal Information to improve or modify the Website. This
section shall not otherwise limit or expand the rights and
obligations of the State Bar of Arizona under these Terms of Use.
The State Bar of Arizona reserves the right to license or sell to
third-parties for commercial purposes information regarding the
Website that is not Personal Information.
15. Investigation: The State Bar of Arizona reserves the right
in its exclusive discretion to investigate complaints or reports of
any violation of these Terms of Use and to take any action it deems
appropriate in response thereto including without limitation the
reporting of such violation to law enforcement or regulatory
officials. The State Bar of Arizona further reserves the right to
provide such officials with any information it has collected in the
course of its investigation including without limitation individual
profiles, electronic mail addresses, usage histories, posted
materials and Internet Protocol addresses.
16. Law and Jurisdiction: These Terms of Use shall be governed
by and interpreted in accordance with the laws of the State of
Arizona except for any choice of law provisions. Any claims arising
out of or relating to the use of the Website shall be brought and
maintained in a court of competent jurisdiction in Maricopa County,
Arizona. All such actions shall be submitted to mandatory
nonbinding arbitration administered by either a mutually agreeable
neutral arbitrator or the American Arbitration Association in
accordance with its rules. In connection with all actions, the
parties agree that victorious party shall be awarded (either in
that action or by way of a separate action) its costs and expenses
of litigation (including without limitation attorneys' fees and
expert witness' fees), through arbitration, trial and appeal. Any
cause of action involving the Website must be commenced within one
(1) year after the claim or cause of action arises or such claim or
cause of action is barred.
17. Miscellaneous: These Terms of Use may be modified only by
the State Bar of Arizona. The headings used at the beginning of
each paragraph or section are provided only for the convenience of
the parties and are not intended to modify or supplement the terms
and conditions therein. The State Bar of Arizona reserves the right
to outsource some or all of the operation of the Website and such
third-party may be a beneficiary of and bound by these Terms of
Use. In the event any provision of these Terms of Use are
determined to be unenforceable in part or in full, that provision
will be enforced to the maximum extent permissible under applicable
law and the other provisions of these Terms of Use shall remain in
full force and effect.