Terms of use

IOLTA.org TERMS OF USE

By accessing or using IOLTA.org you agree to comply with and be bound by these Terms of Use ("Terms of Use"). Please read these Terms of Use carefully as well as IOLTA.org’s Privacy Policy. If you do not agree to the Terms of Use and the Privacy Policy, you must immediately terminate use of the Site.

 

1. License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Site conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the Site and the Content (as defined below, Section 9) for your noncommercial personal use and for no other purpose. The National Association of IOLTA Programs (NAIP) and the ABA Commission on IOLTA (COMMISSION) reserves the right to bar, restrict or suspend any user's access to the Site, and/or to terminate this license at any time for any reason. NAIP AND THE COMMISSION reserve any rights not explicitly granted in these Terms of Use.

 

2. License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive NAIP’s AND THE COMMISSION's prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the Site, any IOLTA.org content (as defined below, Section 9), or any portion thereof. Further, you may not (i) use the Site for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Site, including NAIP AND THE COMMISSION Content; (ii) interfere with the proper working of the Site including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design; or (iii) interfere with any other person's use and enjoyment of the Site.

 

3. Your Acceptance; Revisions to Terms of Use. The Site is available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and NAIP AND THE COMMISSION regarding your use and access to the Site. By using the Site you agree to the Terms of Use.

 

 NAIP AND THE COMMISSION reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the Site. Your use of the Site signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the Site. No revision to these Terms of Use, including to the Arbitration provision set forth in Section 22, shall apply to a controversy or claim of which had actual notice on or before the date of any such revision.

 

4. Policies; Additional Terms and Conditions.  This site's Privacy Policy, as well as other additional terms and conditions applicable to certain portions of the Site (collectively "Additional Terms and Conditions") are incorporated herein by reference. For instance, the Terms of Use for Site which allow users to post comments and participate in discussion boards will apply to users of those services in addition to these Terms of Use. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.

 

5. Click-Through Agreements. Before using certain areas of the Site you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked "I Accept" "I Agree" "Okay" "I Consent" or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.

 

6. Personal Login Information. Certain features and areas of the Site are available only with registration, login If you are required to register and select a unique login and password ("Personal Login Information"), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. NAIP AND THE COMMISSION are not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact This email address is being protected from spambots. You need JavaScript enabled to view it.immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.

 

7. Privacy Policy. For information about this Site’s data protection practices and it’s use and protection of your personal information, please read this Site’s Privacy Policy which is incorporated into and made a part of these Terms of Use.

 

8. User Obligations. You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Site and not interfere with the use and enjoyment of the Site by other users or with NAIP AND THE COMMISSION’s operation and management of the Site. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Site. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, reserves the right to terminate your access and use of the Site. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Site, or defame or otherwise harm any party through your use of the Site. 

9. Proprietary Rights. The content of the Site includes, without limitation, (i)  NAIP AND THE COMMISSION’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification; and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Site (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as " IOLTA.org content").  IOLTA.org content is the property of the NAIP AND THE COMMISSION, its licensors, sponsors, partners, advertisers, content providers or other third PARTIES and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any  IOLTA.org content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the or the owner of such content if the is not the owner. For reprints, This email address is being protected from spambots. You need JavaScript enabled to view it.. Any use of the NAIP AND THE COMMISSION Marks without NAIP AND THE COMMISSION’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the IOLTA.orgcontent, including any such notices appearing on any IOLTA.org content you are permitted to download, transmit, display, print, or reproduce from the Site.

 

10. Responsibility for Use of the Internet and Website and Exclusion of Liability. Use of the internet and the Site is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, the does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Site over the Internet or other communication network.  NAIP AND THE COMMISSION shall not be obligated to correct or update the Site or the IOLTA.org content and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the Site.

 

11. No Legal Advice and Disclaimer as to Accuracy of Information. The information on the Site and IOLTA.org content are for informational purposes only, and is not legal advice or a substitute for legal counsel.


The information contained in the Site and ILOTA.org content may or may not reflect the most current legal developments; accordingly, information on the Site is not promised or guaranteed to be correct or complete, and should not be relied upon as such. As legal advice must be tailored to the specific circumstances of each case, nothing provided on the Site or the IOLTA.org content should be used as a substitute for advice of competent counsel. The materials on the Site and IOLTA.org content do not constitute legal advice and do not necessarily reflect the opinions of the NAIP AND THE COMMISSION.

 

12. Third Party Information. The Site may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the Site are those of the respective third party and not of  NAIP AND THE COMMISSION or its affiliates.  NAIP AND THE COMMISSION make no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.

 

13. Notice For Claims Of Intellectual Property Or Copyright Infringement; Agent For Notice Of Infringement. NAIP AND THE COMMISSION respect the intellectual property of others, and, particularly as to user generated content in comments, discussion boards or in other user contributed content, as applicable, we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Assistant Counsel to the COMMISSION the following information:

 

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(c) a description of where the material that you claim is infringing is located on the site;

(d) your address, telephone number, and email address;

(e) a 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; and

(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

 

 Assistant Counsel to the COMMISSION for notice of claims of copyright or other intellectual property infringement can be reached as follows:



By mail:
Office of the
American Bar Association
Attn: Susan Updike
321 N. Clark Street, 19th Floor
Chicago, IL 60654

By phone: (312) 988-5744
By fax: (312) 988-5217

 

14. Advertisers. The Site may contain advertisements. The inclusion of advertisements on the Site does not imply endorsement of the advertised products or services.  NAIP AND THE COMMISSION shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Site. Further, shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the Site. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.

 

15. Links to Third Party Websites. The Site may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which exercises no control. The appearance of any such third party links is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk.

 

16. Links to Websites, Content, Sharing of Content. Links posted by third parties to the Site and/or IOLTA.org content may not use the  NAIP AND/OR THE COMMISSION trademark or logo and shall not suggest that  NAIP and/or THE COMMISSION promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, Websites, content, or information. Any links to any portion of the Site shall be the responsibility of the linking party.  NAIP AND THE COMMISSION reserves the right to require any linking party to disable or remove any link that violates NAIP AND THE COMMISSION's policies, rights or causes interruption or deterioration of IOLTA.org content.

 

Sharing of Content. You may download copy or embed IOLTA.org content and other downloadable items displayed on the Site for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any IOLTA.org content for other than personal use is expressly prohibited without prior This email address is being protected from spambots. You need JavaScript enabled to view it. NAIP AND THE COMMISSION, or the copyright holder identified in the copyright notice contained in the IOLTA.org content.  NAIP AND THE COMMISSION reserves the right to require any party sharing IOLTA.org content to disable or remove the content should its use violate NAIP AND THE Commission’s policies, rights or causes interruption or deterioration of IOLTA.org content.

 

17. Warranties Disclaimed. THE WEBSITE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER NAIP or THE COMMISSION, ITS SPONSORS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY "NAIP AND  THE COMMISSION PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE SITE OR IOLTA.ORG CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (iv) IOLTA.ORG CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE SITE. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

 

18. Exclusion of and Limitation of Liability. THE NAIP AND THE COMMISSION PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE SITE AND/OR ANY IOLTA.ORG CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE SITE AND/OR IOLTA.org CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE SITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (vii) FROM ANY DELAY OR FAILURE OF THE SITE ARISING OUT OF CAUSES BEYOND NAIP AND THE COMMISSION'S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, IOLTA.ORG CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE SITE (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE SITE OR IOLTA.ORG CONTENT.

 

IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS OF USE, THE SITE AND/OR THE IOLTA.ORG CONTENT, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE SITE, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT HAS NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY.

 

19. Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 17 AND 18 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND 'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

20. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the NAIP AND THE COMMISSION PARTIES from and against all claims arising from or in any way related to your use of the Site and/or IOLTA.org content, a violation by you of these Terms of Use, or any other actions connected with your use of the Site and/or IOLTA.org content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney’s fees. NAIP AND/OR THE COMMISSION will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the NAIP AND THE COMMISSION PARTIES other than under this Section.

 

21. Term and Termination. These Terms of Use will take effect at the time you begin using the Site.  NAIP AND THE COMMISSION reserves the right, with or without notice, at any time and for any reason to deny you access to the Site or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use the IOLTA.org Website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the Site, including any IOLTA.org content, in your possession.

 

22. Arbitration; Venue. Any controversy or claim (“Claim") you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Chicago, IL. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of Illinois and/or the United States District Court for the Northern District of Illinois shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. NAIP AND THE COMMISSION reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.

 

Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class wide arbitration shall be brought only in the United States District Court for the Northern District of Illinois or any State of court located in Cook County, Illinois.

 

23. Governing Law. These Terms of Use and all matters regarding your use of the Site shall be governed by, construed in accordance with, and enforced under the laws of the State of applicable to contracts made and executed and wholly performed in the State of Illinois, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.

 

24. Waiver and Severability. The failure of to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

 

25. Complete Agreement. These Terms of Use, together with any revision, any Additional Terms or Conditions incorporated by reference constitutes the entire agreement between you and NAIP AND THE COMMISSION relating to the Site and its use by you, and supersedes any previous written or oral communication regarding use of the Site. 

26. Contact Information. If you have any questions or concerns regarding these Terms of Use or the Site, please visit our "Contact Us" page.

 

27. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

 

28. Use of Website and Content outside of the United States. NAIP AND THE COMMISSION makes no claims regarding access or use of the Site or the IOLTA.org content outside of the United States. If you use or access the Site or the IOLTA.org content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.

 

29.  NAIP AND THE COMMISSION provide opportunities for user interaction within its Site and social media profiles on sites such as Facebook, Twitter, LinkedIn, and various blogging sites. On those social media profiles, content and links to other Internet sites should not be construed as an endorsement of the organizations, entities, views or content contained therein.  NAIP AND THE COMMISSION are not responsible for content or links posted by others.

 

We welcome your views, comments and other communications, pictures, trackback URLs, or videos ("User Content"). By contributing User Content to any of the Site or social media profiles, users understand and acknowledge that this information is available to the public, and that NAIP AND THE COMMISSION may use this information for internal and external marketing purposes. You are solely responsible for the User Content you submit, NAIP AND THE COMMISSION assumes no liability for any User Content submitted by you or others. You agree to indemnify NAIP AND THE COMMISSION against all claims and liabilities resulting from User Content. Users who do not wish to have information they have made available via these sites used, published, copied and/or reprinted, should not post on the social media profiles. Please note that other participants may use posted information beyond the control of NAIP AND THE COMMISSION. All user content is read at your own risk, and NAIP AND THE COMMISSION recommends that you not rely on the information or advice in any of these postings.

 NAIP AND THE COMMISSION retains the right to remove any content for any reason, including but not limited to, content that it deems threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial or promotion of organizations or programs, or otherwise injurious or illegal. NAIP AND THE COMMISSION also retains the right to ban or block a user from posting on NAIP AND THE COMMISSION social media profiles without notice for a pattern of inappropriate postings or as it deems necessary. 

You are subject to the Terms of Service (TOS) of the host site. Information (photos, videos, etc.) you share with or post to NAIP AND THE COMMISSION social media profiles is also subject to the TOS of the host site and may be used by the owners of the host site for their own purposes. For more information, consult the host website's TOS.

 

This statement is subject to amendment or modification at any time.

 

 

Revised November 2013

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