By accessing or using the Website, as defined herein, you or the organization that you represent (“You”) hereby agree to the following license terms and conditions. This is an agreement (“Agreement”) with Arizona Foundation for Legal Services & Education, with a principal place of business at 4201 N. 24th St. Suite 210, Phoenix, Arizona, 85016 (“AZBARFDN”), and You should not, and are not permitted to, access or use the Website unless You agree to the terms set forth herein. Further, AZBARFDN may update this Agreement from time to time and it is Your responsibility to check for and review any updates to the Agreement. Your use of the Website after any updates constitutes Your acceptance of the updated Agreement.
1. DEFINITIONS.
1.1 “Website” shall mean any and all (i) source code and object code provided to You on the Law For Seniors website (https://lawforseniors.org), or LawforVeterans.org, AZCourtHelp.org, LawforKids.org, AZFLSE.org, AZLawHelp.org, KidsVotingUSA.org, LegalLegacy.org, (together with all subdomains and related websites and applications) relating to legal resources or educational resources regarding to the law, (ii) Website content and intellectual property embodied therein, such as patentable subject matter, whether or not set forth in a patent application, patents, trademarks, copyrightable subject matter and copyrights, trade secrets, and other intellectual property rights associated therewith (collectively “Intellectual Property”), and (iii) any copies (both electronic and paper) of the foregoing.
2. YOUR RIGHTS AND RESTRICTIONS.
2.1 Grant of License.
2.1.1 Subject to Your strict compliance with the terms and conditions of this Agreement, AZBARFDN hereby grants to You a non-exclusive, non-transferable, revocable limited license to access and use the Website for the sole purposes of accessing the information presented on the Website for educational use. Nothing on the Website shall be used for monetary gain for You or anyone else, unless AZBARFDN has provided its prior written consent.
2.2 Restrictions and Requirements of Use.
2.2.1 Except as expressly provided in Section 2.1, no other license or right in the Website is granted to You under this Agreement directly or by implication or otherwise. Without limiting the generality of the foregoing and notwithstanding anything to the contrary in this Agreement, You may not:
· Remove any copyright notice, proprietary information notices, or other notice;
· Assign, sublicense, lease, or in any other way transfer or disclose the Website or any content thereon to any third party;
· Use the Website for any commercial purpose, including advertising;
· Use the Website, or create, post, or use content through the Website, that violates any applicable law, including the intellectual property laws or privacy or publicity laws of the United States and foreign jurisdictions;
· Use the Website, or create, post, or use content through the Website, in a way that violates the rights of others, such as, without limitation, for bullying, harassment, defamation, libel, slander, or the like.
· Use the Website, or create, post, or use content through the Website, that contains vulgar, obscene, explicit, sexually explicit, lewd, offensive, profane, disparaging, or defamatory material, as determined in AZBARFDN’s sole discretion.
· Reproduce, copy, modify, use, or distribute any part of the Website or Website content without prior written consent of AZBARFDN, unless otherwise indicated in this Agreement;
· Reproduce, modify, decompile, reverse engineer, disassemble, or otherwise reduce the Website and its software to a human-readable form;
· Do anything that inhibits, impedes, slows, or otherwise modifies operation of the Website or the use of the Website by others; or
· Otherwise do anything that is not expressly permitted by these terms.
2.2.2 The restrictions set forth in Section 2.2 shall apply equally to attempts to perform the restricted activities, regardless of whether or not any such attempt is successful.
2.2.3. You agree that You will report to AZBARFDN any violation of the restrictions set forth in Section 2.2, or any violation of this Agreement, by another user of which You become aware.
2.2.4. You must be over 18 years old to use the “Parents” section of the Website and you expressly agree that you will not allow person under the age of 18 to use, have access to, or receive copies of the content from the “Parents” section of the Website.
2.3 Confidentiality and Passwords.
2.3.1 You agree and acknowledge that the Website is: (i) proprietary to AZBARFDN; (ii) is of significant value to AZBARFDN; (iii) contains trade secrets of AZBARFDN; and (v) constitutes the confidential information of AZBARFDN. You shall not disclose how the Website operates, or any data associated with the Website.
2.3.2 You acknowledge that access to portions of the Website not otherwise available to the public will be obtained by creating a user account with AZBARFDN, and receiving a unique username and/or password (collectively “Password”) that will be assigned to You upon download of and/or registration with the Website. To create a user account with the Website, You must be at least 18 years of age. Persons under 18 years old are prohibited from using the Website. If AZBARFDN believes or receives information that a user is under 13 years of age, AZBARFDN will take commercially reasonable actions to delete the associated user account and any information associated therewith. You agree to not share the Password with any third party and not provide any third party access to the Website with Your Password. You are solely responsible for any and all activity that occurs through Your user account, and it is your responsibility not to leave your user account logged in and/or unattended such that third parties may access Website content to which they otherwise would not have access. It is also your responsibility to make sure that any contact information AZBARFDN has for You is current and accurate. Should You become aware that Your Password has become lost or is otherwise in the public domain, You will provide notice to AZBARFDN as soon as possible and change Your username and/or password. You will not create more than one user account, nor create a user account if Your user account has been deactivated by AZBARFDN.
3. INTELLECTUAL PROPERTY.
3.1 Existing Intellectual Property. As between the parties, AZBARFDN and/or its affiliates are and shall be the exclusive owner of all right, title, and interest in and to the Website (including source code and object code), including all Website content and Intellectual Property embodied therein and proprietary rights existing now and in the future, whether or not registered or perfected (but to the extent existing, all registrations, applications, renewals, extensions, continuations, divisions, or reissues thereof now or hereafter in force), and whether arising by operation of law, contract, or otherwise (collectively, “Intellectual Property Rights”) in and to the foregoing. The Website is protected by copyright and other applicable laws, including, without limitation, by United States Copyright Law, international treaty provisions, and applicable laws in the country in which it is being used. You may not copy or use the Website or any content thereon except with the prior written permission from AZBARFDN. You agree not to modify, adapt, or translate the Website or its content except as permitted herein. Any information or documentation supplied by AZBARFDN or otherwise obtained by You in connection with or as a result of this Agreement may only be used by You for the purpose described herein and may not be disclosed to any third party (except as permitted herein) or used to create any software or content which is substantially similar to the Website.
3.2 Your Content. Any and all data, inputs, notes, or content you create or post on the Website, or any other information that You input into or create using the Website (“User Content”), to the extent You own and have rights in such User Content, You expressly grant to the AZBARFDN, a world-wide, royalty-free, perpetual, irrevocable, transferable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (in whole or part), and/or to incorporate such User Content in other works in any form, media, or technology now known or later developed and agree to take further actions as needed to effectuate this license. Any User Content may be removed or modified by AZBARFDN at any time without notice to you in AZBARFDN’s sole discretion.
3.3. Injunctive Relief. You acknowledge and agree that AZBARFDN will suffer irreparable damage in the event of a breach by You of any of the provisions of Sections 2 or 3 of this Agreement, and that AZBARFDN will be entitled to injunctive relief in the event such breach can be proven by AZBARFDN to have caused actual damages to AZBARFDN.
4. WARRANTY, WARRANTY DISCLAIMER, AND LIMITATION OF LIABILITY.
4.1 Warranty Disclaimer. Except as specifically set forth above and as between the parties, no further warranty of any kind is being provided by AZBARFDN, including, without limitation, any warranty that the Website shall be free from defects in design, material, or workmanship. YOU ASSUME TOTAL RESPONSIBILITY FOR THE USE OF THE WEBSITE, AND THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WHETHER ARISING UNDER LAW OR FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE (COLLECTIVELY, “DISCLAIMED WARRANTIES”), INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED BY AZBARFDN AND FOREVER WAIVED BY YOU. NO ADVICE OR INFORMATION GIVEN BY AZBARFDN, ITS AFFILIATES, OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY OR OBLIGATION OF AZBARFDN.
NOTHING ON THE WEBSITE IS, OR IS TO BE CONSIDERED, LEGAL, MEDICAL, OR COUNSELING ADVICE, OR ANY OTHER PROFESSION SERVICE OR ADVICE.
4.2 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AZBARFDN SHALL NOT BE LIABLE TO YOU, AND YOU COVENANT THAT YOU WILL NOT ASSERT A CLAIM AGAINST AZBARFDN, UNDER ANY LEGAL THEORY, WHETHER IN AN ACTION BASED ON A CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE PROVIDED BY STATUTE OR LAW, FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR STATUTORY DAMAGES, OR ANY DAMAGES RESULTING FROM LOST PROFITS, OR INTERRUPTION OF BUSINESS, EVEN IF AZBARFDN HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY WAIVE ANY CLAIM THAT THESE EXCLUSIONS DEPRIVE YOU OF AN ADEQUATE REMEDY OR CAUSE THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE.
5. TERM AND TERMINATION.
5.1 AZBARFDN reserves the right to modify or discontinue operation of the Website or any portion thereof or services related thereto at any time, without notice to You. Such modifications may include, without limitation, changes to available content, required software or hardware for Website operation, or any other aspect of or relating to the Website. AZBARFDN reserves the right to refuse to provide services to anyone, in our sole discretion. AZBARFDN reserves the right to reject Your user account by disabling Your user account, and AZBARFDN will notify the You of the decision to reject Your registration. Even after acceptance, AZBARFDN may suspend, restrict, or terminate Your user account and ability to use the Website in our sole discretion, with or without cause and without prior notice to You. If AZBARFDN believes Your actions may cause AZBARFDN or other users legal liability, harm, or loss, AZBARFDN reserves the right to notify other users of Your actions. Should You object to any of the terms in this Agreement or any subsequent modifications thereto, or become dissatisfied with the Website and related services in any way, Your only recourse is to immediately: (i) discontinue use of the Website and any related services; and (ii) terminate Your membership in the Website by providing AZBARFDN written notice of termination. AZBARFDN reserves the right to deem Your user account inactive and close it if there is no activity on Your account for one year.
6. COPYRIGHT INFRINGEMENT.
6.1 If You believe that any portion of the Website infringes Your copyrights, You may send a written notification of such infringement to our designated agent identified below. Such notification is provided under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3) and must contain substantially the following information:
1. Identification in sufficient detail of the copyrighted work or intellectual property that You claim has been infringed so that AZBARFDN can locate the material.
2. Identification of the URL or other specific location on website that contains the material that You claim infringes Your copyright described in item 1 above.
3. Provision of the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
4. Statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
5. Statement by You that the information contained in Your notice is accurate and that You attest under the penalty of perjury that You are the copyright owner or that You are authorized to act on the copyright owner’s behalf.
6. Provision to AZBARFDN of Your name, mailing address, telephone number, and email address. You may send your Notification of Alleged Copyright Infringement to our designated agent by fax, mail, or E-Mail as set forth below:
Kevin Ruegg,
4210 N 24th Street Phoenix, Arizona 85016
602-340-7356,
7. MISCELLANEOUS.
7.1 Indemnification. You shall, except to the extent caused by AZBARFDN’s gross negligence or willful misconduct, indemnify and hold harmless AZBARFDN, and all its officers, directors, employees, and agents, for any losses, claims, damages, judgments, assessments, costs, and other liabilities, including reasonable out-of-pocket costs and expenses as they are incurred by AZBARFDN in connection with any demands, law suits, and other legal actions by third parties against AZBARFDN arising out of or alleged to arise out of (i) any gross negligence or willful misconduct by or of You or Your agents, or (ii) any breach by You of any term or provision of this Agreement.
7.2 Assignment. You may not assign this Agreement or any of its rights or obligations hereunder without the prior written consent of AZBARFDN. Any attempted assignment without such prior written consent shall be void. AZBARFDN may assign all or part of this Agreement immediately, without the prior written consent of You.
7.3 Dispute Resolution. The parties agree to attempt to resolve any dispute concerning this Agreement through good faith negotiations and mediation. In the event that the parties cannot resolve the dispute through such mediation, the parties agree to submit their dispute to binding arbitration before a single arbitrator, pursuant to the existing rules of the American Arbitration Association, with procedures to be mutually agreed upon by the parties. The arbitration shall take place in or around Phoenix, Arizona.
7.4 Severability. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be amended to reflect, to the greatest extent permitted under applicable law, the original intent of the parties, and the remainder of the provisions shall remain in full force and effect.
7.5 Waiver. Either party’s failure to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of that or any other of its rights hereunder at any later date or time.
7.6 Survival. All terms and provisions of this Agreement that should by their nature survive termination of this Agreement shall so survive.
7.7 Entire Agreement. This Agreement constitutes the entire agreement between You and AZBARFDN with respect to the subject matter hereof. This Agreement supersedes any prior agreements, representations, or dealings between the parties.
7.8 Headings. The section headings herein are for convenience and reference purposes only and shall not serve as a basis for construction or interpretation.
Last Modified: August 30, 2018
