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State Bar of Arizona

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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:

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  12. 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.

  13. 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.

  14. 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.

  15. 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.