Terms of Use

TERMS OF USE FOR THE STATE BAR OF ARIZONA ELECTRONIC MAIL SERVICE

THESE TERMS OF USE GOVERN AND CONTROL THE USE OF THE ELECTRONIC MAIL SERVICE PROVIDED BY 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 ELECTRONIC MAIL SERVICE OF THE STATE BAR OF ARIZONA. BY YOUR USE OF THE ELECTRONIC MAIL SERVICE OF THE STATE BAR OF ARIZONA, YOU HEREBY AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE:

1. Service: The State Bar of Arizona provides its members without charge with services related to the receipt, storage and transmission of electronic mail messages (the "Service"). The use of the Service is voluntary and is governed and controlled by these Terms of Use. Any future modifications or enhancements to the Service shall be subject to theses Terms of Use.

2. User: The Service is provided to the individual members of the State Bar of Arizona for their personal use (the "User"). The User is solely responsible for their use of the Service and for any person or entity the User permits to use the Service on their behalf. By their use of the Service, the User agrees to be bound by these Terms of Use.

3. Account: The State Bar of Arizona will provide the User with an electronic mail address and other identifying account information that will enable the User to use the Service (the "Account"). The State Bar of Arizona reserves the right in its sole discretion at any time to modify the Account without prior notice.

4. License: The State Bar of Arizona hereby grants the User with a personal, nonexclusive, nontransferable and revocable license to use the Service and the Account. The State Bar of Arizona reserves, and the User hereby disclaims, all rights to and titles in the Service and the Account including without limitation any and all copyrights, patents, trademarks and trade secrets.

5. Scope: The State Bar of Arizona reserves the right to establish terms, limitations, restrictions and scope of the Service (the "Scope"). The Scope includes without limitation the maximum number of electronic mail messages that may be sent from or received by the Account, the maximum size of an electronic mail message that may be sent from or received by the Account, the maximum amount of computer data storage space provided to the Account, and the maximum amount of time that an electronic mail messages may be stored in the Account. The State Bar of Arizona may modify the Scope at any time without prior notice. Violation of the Scope may result in the restriction or suspension or termination of the Account.

6. Performance: The State Bar of Arizona does not guarantee either the performance or the availability of the Service either at a particular time or for a particular purpose. The State Bar of Arizona reserves the right in its sole discretion to amend, limit, modify, suspend or terminate the Service at any time without prior notice.

7. Storage: The User is exclusively responsible for the retention and storage of all electronic mail messages sent from and received by the Account. The Service and the Scope do not include the backup, copying, retention or storage of electronic mail messages sent from and received by the Account. The State Bar of Arizona is not responsible for the loss, deletion, or destruction of electronic mail messages stored in the Account.

8. Security: The User acknowledges that security is an important component of the Service and that even a comprehensive security system does not guarantee either the security of the Account or prevent a security breach incident. The Service may include a computer software application designed to prevent the unauthorized access of the Account (the "Security"). The User agrees to not breach or attempt to breach the Security and agrees to notify the State Bar of Arizona immediately upon the determination of a breach of the Security. In response to a breach or attempted breach of the Security, the State Bar of Arizona may in its sole discretion restrict, suspend or terminate the Service or the Account without notice.

9. Safeguards: The User acknowledges that the receipt and transmission of some or all computer viruses or other harmful or destructive elements can not be prevented. The Service may include a computer software application designed to scan for, contain and prevent the receipt and transmission of computer viruses or other harmful or destructive elements (the "Safeguards"). The User is exclusively responsible for the use and configuration of the Safeguards and for the failure to receive electronic mail messages that result from the use of the Safeguards.

10. Forwarding: The Service may include a computer software application designed to send electronic mail messages received by the Account to another electronic mail address selected by the User (the "Forwarding"). The State Bar of Arizona does not backup, copy, retain or store electronic mail messages that are subject to the Forwarding. The User is exclusively responsible for the use and configuration of the Forwarding and for the loss or misdirection of electronic mail messages that are subject to the Forwarding.

11. Filter: The User acknowledges that the receipt of some or all unsolicited electronic mail messages can not be prevented. The Service may include a computer software application designed to filter or limit the receipt of unsolicited electronic mail messages by the Account (the "Filter"). The User is exclusively responsible for the use and configuration of the Filter and for the failure to receive electronic mail messages that result from the use of the Filter. Electronic mail messages, announcements, and solicitations from the State Bar of Arizona or its agents or its partners are not subject to the Filters.

12. Calendar. The Service may include a computer software application designed to schedule and track events in an electronic calendar (the "Calendar"). The User is exclusively responsible for scheduling and tracking events in the Calendar and for maintaining a separate and redundant system for scheduling and tracking events. The Calendar may not store expired events. The Service does not include the backup, copying, retention or storage of the Calendar. The State Bar of Arizona is not responsible for the failure of the Calendar to accurately schedule or store or track events.

13. WARRANTIES. THE SERVICE 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 SERVICE.

14. 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 SERVICE. 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 SERVICE 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.

15. Ethics: The User represents and warrants that they will not use the Service for any unethical or unlawful or unauthorized purpose. The conduct of the User and their use of the Service are governed and controlled by the Rules of Professional Conduct. Such Rules of Professional Conduct include without limitation the rules relating to the solicitation of clients and the unauthorized practice of law and the misrepresentation of fact. The State Bar of Arizona hereby disclaims any and all responsibility for the compliance of the User with the Rules of Professional Conduct.

16. Investigation: The State Bar of Arizona reserves the right in its sole 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 restriction, suspension or termination of the Account and 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.

17. 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 resulting from or arising out of or in any way related to the Service 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. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction over thereof. 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 reasonable attorneys' fees and expert witness' fees) through arbitration and trial and appeal. Any cause of action involving the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

18. Miscellaneous: These Terms of Use may be modified only by the State Bar of Arizona. The headings used at the beginning of each paragraph are provided only for the convenience of the parties and are not intended to modify or supplement the terms and conditions therein. In the event that 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.