|
DISCLAIMER
The State Bar of Arizona does not offer legal advice. The information
provided by the State Bar of Arizona through the Electronic Newsletter,
and any related information on the website of the State Bar of Arizona,
is general in nature and may not reflect current legal developments.
No guarantees, representations or warranties are made by the State
Bar of Arizona as to the accuracy or adequacy of the information
provided in the Electronic Newsletter. Do not act or rely on any
information contained in the Electronic Newsletter of the State
Bar of Arizona without first consulting with an attorney admitted
to practice law in your jurisdiction. The information contained
in the Electronic Newsletter 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 receipt or use of the
Electronic Newsletter of the State Bar of Arizona.
TERMS OF USE
THESE TERMS OF USE GOVERN AND CONTROL THE USE OF THE ELECTRONIC NEWSLETTER OF THE STATE BAR OF ARIZONA AND THE INFORMATION CONTAINED THEREIN. PLEASE 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 NEWSLETTER OF THE STATE BAR OF ARIZONA. BY YOUR USE OF THE ELECTRONIC NEWSLETTER OF THE STATE BAR OF ARIZONA, YOU HEREBY AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE:
- Purpose. The State Bar of Arizona provides the Electronic Newsletter
of the State Bar of Arizona (the "Newsletter") free of charge
to members of the State Bar of Arizona. The Newsletter is designed
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 Newsletter. THE ELECTRONIC
NEWSLETTER OF THE STATE BAR OF ARIZONA IS NOT A SUBSTITUTE FOR
COMPETENT LEGAL ADVICE.
- No Legal Advice. The information contained in the Newsletter
is not intended and does not constitute legal advice, counseling
or recommendations under any circumstances. The Newsletter 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 Newsletter. RELIANCE ON AND USE OF THE INFORMATION CONTAINED
IN OR LINKED FROM THE ELECTRONIC NEWSLETTER OF THE STATE BAR OF
ARIZONA IS DONE AT YOUR OWN RISK.
- No Relationship. The receipt and use of the Newsletter does
not create an attorney-client relationship or other professional
relationship between the recipient or user of the Newsletter and
the State Bar of Arizona. The State Bar of Arizona strongly recommends
that if the recipient or user of the Newsletter has a specific
legal issue they engage an attorney admitted to practice law in
their jurisdiction. The recipient or user of the Newsletter is
fully responsible for their selection of an attorney and for making
all arrangements with that attorney.
- Communications. All communications sent to the State Bar of
Arizona regarding the Newsletter including, without limitation,
letters, electronic mail, and articles are done so publicly and
are not confidential or protected by any professional relationship
or privilege. Unless specifically agreed to in writing prior to
sending, all communications with the State Bar of Arizona regarding
the Newsletter becomes the sole and exclusive property of the
State Bar of Arizona.
- Limited License. Subject to the terms and conditions of these
Terms of Use, the recipient or user of the Newsletter is granted
a nonexclusive, nontransferable, revocable and limited license
to access and use the Newsletter for their personal, informational,
non-commercial purposes provided that they do not remove or obscure
the copyright notice or any other intellectual property notices
appearing thereon. Nothing contained herein shall be construed
as conferring any license or right by implication, estoppel or
otherwise, under any copyright or other intellectual property
right to the recipient or user of the Newsletter. Except for the
forwarding of the Newsletter in its entirety and without modification
to third-parties who have given the sender their prior written
consent to receive the Newsletter, the Newsletter in whole or
in part may not be copied, distributed, reproduced, republished,
or transmitted in any form or by any means without the express
prior written consent of the State Bar of Arizona. Use of any
manual process or automatic device, software application to monitor
or copy any part of the Newsletter is strictly prohibited.
- Intellectual Property. The State Bar of Arizona reserves all
rights, titles and interests in the Newsletter not expressly granted
herein. All information and materials contained in the Newsletter
including, without limitation, designs, documents, graphics, images,
information, logos, products, services, software and sounds, are
the sole and exclusive property of the State Bar of Arizona and
may not be copied, displayed, distributed, downloaded, linked,
modified, posted, reproduced, republished, or otherwise transmitted
in any form or by any means including, without limitation, electronic,
mechanical, photocopying and recording, without the prior express
written consent of the State Bar of Arizona except as expressly
provided for herein.
- Third-Party Content. The State Bar of Arizona in the Newsletter
may provide references and links to information contained on websites
owned or operated by third-parties that are not related to the
State Bar of Arizona. These references and links in the Newsletter
are provided for the convenience of the user only 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 on the websites
of third-parties and makes no guarantees, representations or warranties
as to the accuracy, adequacy, completeness or currency of such
information.
- Attorney Ethics Notice. If the recipient or user of the Newsletter
is an attorney admitted to practice law, whether in the State
of 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 Newsletter. Such Rules of Professional Conduct
include, without limitation, rules relating to advertising, solicitation
of clients, the unauthorized practice of law, and misrepresentation
of fact. The State Bar of Arizona hereby disclaims all responsibility
for the compliance of an attorney with the Rules of Professional
Conduct.
- Investigations. The State Bar of Arizona reserves the right
to investigate complaints or reports of any violation of these
Terms of Use and to take any action it deems appropriate including,
without limitation, reporting any suspected prohibited activity
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 individual profiles, electronic mail addresses, usage
histories, posted materials and Internet Protocol addresses.
- Advertisers. The Newsletter may contain information from advertisers
and sponsors. Such advertisers and sponsors are solely responsible
for ensuring that all information and links contained in the Newsletter
are accurate, complete, and comply with any applicable laws. The
State Bar of Arizona hereby disclaims all responsibility for the
information contained in the Newsletter from advertisers and sponsors.
- Errors. The State Bar of Arizona does not guarantee, represent
or warrant that the Newsletter will be error-free, free of any
viruses or other harmful components, or that any errors or defects
in the Newsletter will be corrected.
- WARRANTIES. THE ELECTRONIC NEWSLETTER OF THE STATE BAR OF ARIZONA
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
RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (i) ANY
ERRORS IN OR OMMISIONS FROM THE ELECTRONIC NEWSLETTER, INCLUDING,
WITHOUT LIMITATION, SUBSTANTIVE ERRORS, TECHNICAL ERRORS AND TYPOGRAPHICAL
ERRORS, (ii) ANY INFORMATION PROVIDED BY THIRD-PARTIES THAT APPEARS
IN OR IS LINKED FROM THE ELECTRONIC NEWSLETTER, (iii) THE RECEIPT
AND USE OF THE ELECTRONIC NEWSLETTER, AND (iv) THE USE OF ANY
EQUIPMENT OR SOFTWARE USED IN CONNECTION WITH THE ELECTRONIC NEWSLETTER.
- 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 THE RECEIPT OR USE OF THE ELECTRONIC
NEWSLETTER. 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) RELATING TO OR RESULTING FROM OR ARISING IN CONNECTION WITH
THE RECEIPT OR USE OF THE ELECTRONIC NEWSLETTER.
- 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 receipt or use of the Newsletter 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 a 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 Newsletter must be commenced within one
(1) year after the claim or cause of action arises or such claim
or cause of action is barred.
- 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. 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.
|  |