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February 9, 2010
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Disclaimer

The State Bar of Arizona presents the information on this web site as a service to legal consumers, our members and other Internet users. While this site does provide information on law-related topics, it does not provide legal advice. Moreover, due to the rapidly changing nature of the law and our reliance on information provided by outside sources, we make no warranty or guarantee concerning the accuracy or reliability of the content at this site or at other sites to which we link.
TERMS OF USE FOR THE ELECTRONIC SERVICES
FOR MEMBERS OF THE STATE BAR OF ARIZONA

THESE TERMS OF USE GOVERN AND CONTROL THE USE OF THE ELECTRONIC SERVICES FOR MEMBERS 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 ELECTRONIC SERVICES FOR MEMBERS OF THE STATE BAR OF ARIZONA.  BY YOUR USE OF THE ELECTRONIC SERVICES FOR MEMBERS 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 communication and exchange of information in an electronic environment (the "Service").  The Service may include without limitation the services commonly referred to as "MyAzbar" and "AZBarCalendar" and "AzBarChat" and "AzBarCLETracking" and "AzBarForms" and "AzBarListSever" and "AzBarMail".  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 governed and controlled by 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.  The rights of the User are limited to those expressly granted under these Terms of Use.  By their use of the Service, the User agrees to be bound by these Terms of Use. 

3. Information:  The Service may include the ability of the User to post, send and receive information and materials in audio, graphic, text or video formats (the "Information").  The User is exclusively responsible both for the Information they send through the Service and for their use of the Information received through the Service.  The State Bar of Arizona does not make any claims, representations or warranties as to the accuracy, adequacy, completeness or quality of the Information.

4. License:  The State Bar of Arizona hereby grants the User with a personal, nonexclusive, nontransferable and revocable license to use the Service.  The State Bar of Arizona reserves, and the User hereby disclaims, all rights to and titles in the Service including without limitation all copyrights, patents, trademarks and trade secrets.  The User hereby grants the State Bar of Arizona, and its agents, with a perpetual and irrevocable and worldwide license without charge both to copy, edit, display, distribute, perform, reformat, reproduce, translate, transmute and create derivative works in any format from the Information and to identify the User as the source of the Information. 

5. MyAzbar:  The Service may include the ability of the User to customize the appearance, content and operation of the Service (the "MyAzbar").  The State Bar of Arizona may at any time without notice amend the appearance, content and operation of the MyAzbar.  The MyAzbar may provide User with access to content and material created and developed by third-parties not under the control of the State Bar of Arizona.  The State Bar of Arizona shall not be responsible for the accuracy, adequacy, completeness or quality of the content and material available through the MyAzbar that is created and developed by third-parties not under its control.

6. Events Calendar:  The Service may include the ability of the User to schedule and track events in an electronic calendar (the "AzBarCalendar").  The User is exclusively responsible for their scheduling and tracking events in the AzBarCalendar.  The State Bar of Arizona reserves the right to schedule events in the AzBarCalendar.  The State Bar of Arizona strongly recommends that the User maintain a separate and redundant system for scheduling and tracking events.  The State Bar of Arizona shall not be responsible for the failure of the AzBarCalendar to accurately schedule and track events.   

7. AzbarChat:  The Service may include the ability of User to exchange Information in an electronic public forum (the "AzbarChat").  The State Bar of Arizona may monitor or moderate the Information exchanged through the AzbarChat including without limitation the screening of the Information for content and subject, the order and selection of the Information exchanged, and the deletion of the Information.  The State Bar of Arizona shall not be responsible for the accuracy, adequacy, completeness or quality of the Information exchanged through the AzbarChat.

8. CLE Tracking:  The Service may include the ability of the User to compile, store and track participation in continuing legal education (the "CLE Tracking").  The User is exclusively responsible for their use of the CLE Tracking.  The CLE Tracking is not a substitute for either the maintenance or preservation of records evidencing participation in continuing legal education or the timely filing of continuing legal education compliance documentation.  The State Bar of Arizona shall not be responsible for the compliance of the User with Mandatory Continuing Legal Education Requirements.

9. Forms:  The Service may include documents, forms and materials created and developed by third-parties not under the control of the State Bar of Arizona (the "Forms").  The User is exclusively responsible for their selection and use of the Forms.  The State Bar of Arizona shall not be responsible for the accuracy, adequacy, completeness or quality of the AzBarForms.

10. AzbarListServer:  The Service may include the ability of the User to send Information to a computer server that will then distribute that Information to a list of specific recipients (the "AzbarListServer").  The State Bar of Arizona at any time and without notice both may monitor and moderate the Information exchanged through the AzbarListServer and may restrict and suspend access to the AzbarListServer.  The State Bar of Arizona shall not be responsible for the accuracy, adequacy, completeness or quality of the Information exchanged through the AzbarListServer.

11. AzbarMail:    The Service may include the ability of the User to send and receive electronic mail messages (the "AzbarMail").  Electronic mail messages sent and received through the AzbarMail shall not be considered Information.  The User may be provided with an electronic mail address and other information that will enable the User to use the AzbarMail.  The State Bar of Arizona at any time without notice both may modify the electronic mail address of the User and establish and modify limits on the scope and use of the AzbarMail including without limitation the maximum number of electronic mail messages that may be sent from or received by the User and the maximum amount of computer storage space provided to the User.  The AzbarMail may include the ability of the User to forward electronic mail messages to electronic mail services provided by third-parties; however, the User is exclusively responsible for the loss or misdirection of forwarded electronic mail messages.  The State Bar of Arizona reserves the right for it and its agents to use the AzbarMail to communicate with the User. 

12. Performance:  The State Bar of Arizona does not guarantee the performance or the availability of the Service either at a particular time or for a particular purpose.  The State Bar of Arizona also does not guarantee, represent or warrant that the Service will be error-free, free of any viruses or other harmful components, or that any errors or defects in the Service 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 Service.   

13. Applications:  The Service may include certain computer software applications designed to enhance, limit or protect the Service (the "Applications").  The Applications may include without limitation a computer software application designed to prevent the unauthorized access of the Service, a computer software application designed to prevent the receipt and transmission of computer viruses or other harmful or destructive elements, and a computer software application designed to limit the receipt of unsolicited electronic mail messages.  The User both acknowledges that security is an important component of the Service and that even a comprehensive security system can not prevent a security breach incident and acknowledges that the receipt and transmission of both some or all computer viruses or other harmful or destructive elements and some or all unsolicited electronic mail messages can not be prevented.  The User both agrees to not breach, modify, attempt to breach, or attempt to modify the Applications and agrees to notify the State Bar of Arizona immediately upon the determination of a breach of the Applications.  In response to a breach or attempted breach of the Applications, the State Bar of Arizona may in its exclusive discretion at any time and without notice to restrict, suspend or terminate either the Service or the use of the Service by the User.  The User both may be provided with the ability to configure the operation of the Applications and is exclusively responsible for their configuration and use of the Applications.

14. Retention:  The Service does not include the backup, copying, retention or storage of the Information or electronic mail messages.  The State Bar of Arizona strongly recommends that the User backup, copy, retain and store all of their Information and electronic mail messages.  The State Bar of Arizona shall not be responsible for the loss, deletion or destruction of the Information or electronic mail messages of the User.

15. Advertisers:  The Service may contain Information from advertisers and sponsors.  Advertisers and sponsors of the Service are not related to the State Bar of Arizona.  The advertisers and sponsors of the Service are exclusively responsible for the accuracy, adequacy, completeness and quality of their Information. 

16. 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.  

17. 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.

18. 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 SERVICE 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.  

19. Ethics:   The User represents and warrants that they will not use the Service for any unethical, 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 regarding the solicitation of clients, 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.

20. 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 collected from their use of the Service.  Personal Information for purposes of this section shall mean that information which specifically identifies the User and the use of the Service by the User but shall not include the Information.  The State Bar of Arizona may collect and use the Personal Information to improve or modify the Service.  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 Service that is not Personal Information.

21. 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 restriction, suspension or termination of the use of the Service by the User 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. 

22. 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, 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.

23. 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.  The State Bar of Arizona reserves the right to outsource some or all of the operation of the Service and such third-party may be a beneficiary of and bound by these Terms of Use.  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.