THE STATE BAR OF ARIZONA FIND A LAWYER PROGRAM – TERMS AND CONDITIONS
These Terms and Conditions apply exclusively to Users' access to, and use of, the State Bar of Arizona's Find a Lawyer service operated by the State Bar of Arizona’s Public Service Center ("PSC"), located at https://azbar.legalserviceslink.com (the "Site") and the information and other services provided therein (the "Services").
The State Bar of Arizona reserves the right to change or modify any of the Site Terms or any policy or process of the Site at any time and in its sole discretion, and will provide notice of any and all changes by posting the revised Site Terms on the Site. Any revisions or modifications to the Site Terms will be effective immediately upon posting of the revisions or modifications on the Site. Users’ continued use of this Site following the posting of revised or modified Site Terms will constitute Users’ acceptance of such revisions or modifications. If Users do not agree to the revised or modified Site Terms, Users must stop using the Site immediately.
1. THE STATE BAR OF ARIZONA’S FIND A LAWYER SITE
"Terms and Conditions," "Site Terms," and "Agreement" all mean these Terms and Conditions;
"Public Service Center," "PSC," "State Bar of Arizona Find a Lawyer," "program," "us," "we," "our," and any other reference made in the first person means the State Bar of Arizona’s Public Service Center and Find a Lawyer referral program;
The "Site" means the webpages operated by the Public Service Center, which can be found at web address https://azbar.legalserviceslink.com;
"Services" means all services provided by the State Bar of Arizona’s Find a Lawyer program to all users of the Site;
"Attorneys" means users of the Site authorized to practice law in Arizona;
"Client" or "Clients" means those users of the Site holding themselves out on the Site as being legal persons or entities looking for and needing legal services;
"Users" or "User" means the legal persons or entities using the Site, including both Attorneys and Clients, and accepting these Site Terms and Agreement;
"Premium Subscription," "Premium Services," "Premium Membership," and "Premium Account" means the service available to Attorneys by the Site that allows Attorneys to apply directly to Clients for job postings in which Attorneys will be paid for legal services. Attorneys will pay an annual subscription fee to Find a Lawyer for this program.
Definitions of additional terms are included in throughout these Site Terms and those additional terms shall have the definitions attributed to them therein; all words, terms, and phrases not defined in these Site Terms shall be given their commonly understood meaning.
1.2 Purpose of the Find a Lawyer program
The Find a Lawyer service does not offer legal advice. The Site allows Clients and Attorneys to find and connect with one another, where the match is appropriate, and potentially form a lawyer-client relationship without the Public Service Center’s involvement. Under these Site Terms, this site provides no services to Clients other than providing them with a forum to find and initially connect with Attorneys online. Under this Agreement, Find a Lawyer provides no services to Attorneys other than providing them with a forum to find, contact, and share information with Clients online, review Client’s posted legal jobs, and, if an attorney has a "Premium Account," apply for non-pro-bono job postings. The Public Service Center is not a law firm and does not refer Clients to Attorneys or Attorneys to Clients. The Find a Lawyer program does not independently verify that the Attorneys using the Site are insured, or that attorneys are competent to practice in the areas they have listed. Attorneys have the sole responsibility to ensure that their marketing and communications are truthful. Clients should independently verify the Attorney(s) eligibility to practice law in the state, county, or court involved.
The Find a Lawyer program is available only to legal entities and persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law. User agrees that User is not (a) under the age of eighteen (18); (b) a citizen or resident of a country in which use or participation is prohibited by law, decree, regulation, treaty or administrative act; (c) or otherwise ineligible or prohibited from use of the services provided through this Site.
2. STATE BAR OF ARIZONA’S FIND A LAWYER GENERAL USER POLICIES
2.1 General User Obligations.
Users will not access or attempt to access the Site by any means other than the interface provided, and will not use information from the Site for any purpose other than the purpose for which it was made available. Users will not engage in any activity that interferes with or disrupts the functioning of the Site. Users will not upload or attach invalid, malicious, or unknown files to the Site. Users will not insert any external links that are malicious or unknown to Users, or used for offering any goods or services other than the services for which the Site is intended. Users agree not to scrape, take, or acquire data from the Site for any commercial, marketing, or data compiling or enhancing purpose, or to copy, re-post or re-use data from the Site for any other service.
2.2 Identity and Account Security
The State Bar of Arizona reserves the right, but is not obligated, to validate Users’ information at any time, including, but not limited to, validation against third party databases or the verification of one or more official government or legal documents that confirm the Users’ identity. Users authorize the program, directly or through third parties, to make any inquiries necessary to validate Users’ identity and confirm Users’ ownership of Users’ email address or financial accounts, subject to applicable laws. Users are solely responsible for ensuring and maintaining the secrecy and security of their passwords used to access their account on the Site.
2.3 Enforcement of Agreement and Policies
The State Bar of Arizona has the right, but not the obligation, to suspend or cancel Users’ access to the Site if it believes that Users have violated or acted inconsistently with the letter or intent of this Agreement, violated the rights of Users or any other party, or for other good cause. Once suspended or terminated, Users MAY NOT continue to use the Find a Lawyer program under a different account or re-register under a new account. If Users attempt to use the program under a different account, we reserve the right to take whatever steps necessary to discontinue that use.
2.4 Consent to Receive Emails
By using the Site, Users consent to receive emails from the Find a Lawyer program. Users may change such preferences by changing Users’ account settings on the Notifications page.
2.5 Copyright and Trademarks
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the State Bar of Arizona logo, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are proprietary and are protected by U.S. and international copyright laws.
The Public Service Center makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible via hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of the Find a Lawyer program and the program is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The Public Service Center provides these links to Users only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by the Find a Lawyer program of any site or any information contained therein.
2.6 Premium Services
The Public Service Center offers optional Premium Services to Attorneys including the ability to directly respond to Client’s for paid legal job postings. By selecting a Premium Service, Attorneys agree to pay the subscription or usage fees indicated for that service. Payments for subscription services will be charged on the day Attorney’s Premium Service goes into effect and will cover the use of that service for a period of one year. Premium Service fees are not prorated or refundable. If the payment method fails or the account is past due, the Public Service Center reserves the right to either suspend or terminate the Attorney’s Premium Services. Any such suspension or termination will result in the cancellation of any Attorney’s Premium Services.
2.7 Attorneys Who Become Ineligible to Practice
Attorneys who are suspended or disbarred are no longer eligible to participate in the Find a Lawyer program. They shall no longer participate in the review or response process to projects that are posted to the Site by Clients, and will have their access suspended in the due course of posting updated membership records. Clients should independently verify an Attorney’s eligibility to practice since there can be a time lag between disciplinary action and removal from eligibility status on this Site.
2.8 Third Party Services
The Site may also contain, provide information regarding, or link to certain applications and services provided or offered by third parties (collectively the "Third-Party Services"), including, without limitation, information related to professional services. The Public Service Center is merely an information provider and does not recommend or endorse any such Third-Party Services or monitor or have any control over such Third-Party Services. Therefore, the PSC makes no guarantee, representation or warranty of any kind as to the quality, competency, value, reliability, responsiveness, accuracy, or completeness of any such Third-Party Services or the results obtained therefrom.
2.9 Advertisements and Promotions
PSC may run advertisements and promotions for and from third parties on the Site. Users’ business dealings or correspondence with, or participation in promotions of advertisers other than PSC, and any terms, conditions, warranties or representations associated with such dealings, are solely between Users and such third party. PSC is not responsible or liable for any loss or damage of any sort incurred by Users as the result of any such dealings or as the result of the presence of such non-PSC advertisers on the Site.
2.10 Professional Advertising and Communications
It is solely the responsibility of Attorneys to ensure that any information or advertisements they post or place on the Site, and any communications they may have with Clients through the Site and the Services, fully comply with all applicable laws and rules of professional conduct, including t those regulating the form or content of communications with clients, advertising, or other matters.
Users acknowledge and agree that any materials, including, but not limited to, questions, comments, reviews, job or legal need postings, suggestions, ideas, feedback, plans, notes, original or creative materials, or other information provided by Users in the form of email or other submissions to or on the Site, or any postings on the Site, are not confidential. Users expressly acknowledge that the Public Service Center may modify the content of any job or legal needs postings by Clients to ensure that the postings are capable of being understood by, and are disseminated to, the appropriate Attorneys.
2.12 User Posted Content & Other Interactive Services or Areas
The Site may include areas in which Users may post content and information, including, without limitation, ratings and reviews, messages, questions and answers, guides, comments, data, text, photos, graphics or other materials (the "User Content") and may include other interactive areas or services in which Users or third parties may create, post, modify or store information, content, materials or other items on the Site ("Interactive Areas"). Users are solely responsible for Users’ use of such Interactive Areas and use them at Users’ own risk. By using any Interactive Areas, Users agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
1. User Content that is false, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable, including without limitation any recommendation, endorsement, rating, or review of Attorneys with whom Users have not had direct, personal experience in a professional context or as a client of such professional;
2. User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of professional conduct, or that would otherwise create liability or violate any local, state, national or international law;
3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, Users represent and warrant that Users have the lawful right to distribute and reproduce such User Content as provided under these Site Terms;
4. User Content that impersonates any person or entity or otherwise misrepresents Users affiliation with a person or entity;
5. Unsolicited promotions, political campaigning, advertising or solicitations, including without limitation any advertisements for professional services, professional service providers, or professional referral services;
6. Private or confidential information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
7. Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files;
8. Any answers, responses, comments, opinions, analysis or recommendations that Users are not properly licensed or otherwise qualified to provide; and
9. User Content that, in the sole judgment of the Public Service Center, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose the Public Service Center or its Users to any harm or liability of any type.
The State Bar of Arizona takes no responsibility and assumes no liability for any User Content posted, stored, or uploaded by Users or any third party, or for any loss or damage thereto, nor is the State Bar of Arizona liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity Users may encounter or post on the Site. Users’ use of Interactive Areas is at Users’ own risk. Enforcement of the User Content or conduct rules set forth in these Site Terms is solely at the State Bar of Arizona’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on behalf of Users or any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such terms, conditions, policies, and rules. As a provider of interactive services, the State Bar of Arizona is not liable for any statements, representations, responses, comments or other User Content provided by its Users in any review, rating, forum, question, answer, guide or other Interactive Area. Although the State Bar of Arizona has no obligation to screen, edit, or monitor any of the User Content posted in any Interactive Area, the State Bar of Arizona reserves the right, and has absolute discretion, to remove, screen, or edit any User Content posted or stored on the Site at any time and for any reason without notice. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of Users’ rights to use the Interactive Areas and/or the Site.
If Users post User Content to the Site, Users grant the State Bar of Arizona and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any media. Users grant the State Bar of Arizona and its affiliates and sub-licensees the right to use the name that Users submit in connection with such User Content, if they choose. Users represent and warrant that: (a) Users own and control all of the rights to the User Content that Users post or Users otherwise have the right to post such User Content to the Site and to grant the rights granted herein; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content Users supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
2.13 Registration Data; Account Security
In consideration of Users’ use of the Site, Users agree to: (a) provide accurate, current and complete information about Users as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of Users’ password and identification; (c) maintain and promptly update the Registration Data and to keep all other information Users provide to PSC accurate, current, and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information Users provide to the PSC. In addition, Users agree not to access or use, or attempt to access or use, the Site or any part thereof using the identity or the Registration Data of any person other than User.
3. ACKNOWLEDGMENTS BY USERS OF THE PUBLIC SERVICE CENTER’S ROLE
3.1 Public Service Center’s Role
Users expressly acknowledge, agree, and understand that: 1) the Site is merely a forum where Users may identify one another, share information, and initially connect with one another online, so, if Clients and Attorneys so desire, they can connect and enter into agreements for legal services offline, without PSC’s involvement, at a later time; 2) the PSC is not a party to any contracts or agreement between Attorneys and Clients; 3) Users are not employees of PSC and the PSC does not, in any way, supervise, direct, or control Users, their actions, their statements, their representations, or their work; 4) the PSC shall not have any liability or obligations under or related to any contracts or agreements entered into between Users or for any acts or omissions by Users; 5) the PSC has no control over Users or over the services promised or rendered by Users; and, 6) the PSC makes no representations as to the reliability, capability, or qualifications of any Attorney or the quality, appropriateness, or legality of any legal services, or the reasonableness of any fees, and the PSC disclaims any and all liability relating thereto.
3.2 No Attorney-Client Relationship
Information posted or made available on or through the Site, including, without limitation, legal job postings, any responses to legal job postings or questions posted on the Site, information provided in articles on the Site, and any other comments, opinions, recommendations, answers, analysis, references, referrals, or legally related content or information (collectively "Legal Information") is not intended as legal advice or to create an attorney-client or attorney-prospective client relationship between Client(s) and Attorney(s). Such Legal Information is intended for general informational purposes only. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in the appropriate jurisdiction and qualified to address that specific legal issue, and Users should not rely upon such Legal Information. Users understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege. Client(s) understand that no information disclosed in a legal job posting will prohibit Attorney(s) on the Site from representing a different client in the same legal matter if no attorney-client or attorney-prospective client relationship is established off-line.
4. WARRANTY DISCLAIMER AND OTHER DISCLAIMERS
THE SITE, THE SITE MATERIALS (INCLUDING ANY PROFESSIONAL INFORMATION) AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE PSC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS IN THE SITE. THE PSC DOES NOT REPRESENT OR WARRANT THAT SITE MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE SITE, OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. PSC DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
While the PSC endeavors to provide, and to allow others to provide, useful information regarding attorneys and professional services, Users acknowledge that such information is reliant upon third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that professional and other information may be incomplete or may contain inaccuracies, and that information on the Site may be outdated or contain errors, omissions or misinterpretations of information. Neither PSC Ratings, Professional Information nor any of the other information contained on the Site or provided through the Services, are an endorsement of any particular Attorney or are a guarantee of an Attorney's quality, competency, qualifications, experience, resources, character, honesty, integrity, responsiveness or other personal and professional characteristics. Nor are they a predictor of the outcome of any matter in which such Attorney is involved. The information provided on this Site is intended to be a starting point to gather information about Attorneys who may be suitable for Users’ legal needs, but Users should not rely solely on such information in deciding whether to hire any given attorney. Furthermore, Users should independently verify the accuracy of any information Users obtain on the Site before using it, and Users should obtain independent references for any Attorneys that Clients are considering hiring. Users agree to be solely responsible for their use of the Site, the Site Materials, and the Services and for determining the suitability of, and the results obtained from, any Attorneys that Clients hire.
Users acknowledge and agree that Users’ use of the Site, or of any information or features in or on the Site, is informed by and subject not only to these Disclaimers, but also by the information and explanation available on these pages.
THE PSC IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION PROFESSIONAL PROFILE INFORMATION OR PROFESSIONAL INFORMATION. WHILE THE PSC ATTEMPTS TO MAKE USERS ACCESS AND USE OF THE SITE SAFE, THE PSC CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, USERS SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.
The PSC reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. The PSC does not guarantee the performance or the availability of the Site either at a particular time or for a particular purpose, and reserves the right in its exclusive discretion at any time without notice to amend, limit, modify, suspend, or terminate the Site. Reference to any professionals, professional service providers or organizations, educational institutions, associations, organizations, publications, licenses, accreditations, ratings, evaluations, endorsements, reviews, products, services, processes or other information, by name, trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the PSC.
5. LIMITATION OF LIABILITY
IN NO EVENT WILL THE STATE BAR OF ARIZONA BE LIABLE TO USERS FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, LITIGATION COSTS, ATTORNEYS’ FEES, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION OR PROFIT.
IN NO EVENT SHALL THE STATE BAR OF ARIZONA OR ANY OF ITS INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE OUTCOME OF LEGAL MATTERS, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM PSC OR THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PSC'S RECORDS, PROGRAMS OR SERVICES. IF NOT OTHERWISE PROPERLY DISCLAIMED, THE AGGREGATE LIABILITY OF THE STATE BAR OF ARIZONA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SITE OR THE SITE MATERIALS, SHALL NOT EXCEED ANY COMPENSATION USERS PAID TO PSC IN THE ONE YEAR PERIOD PRECEDING THE DATE USER’S ALLEGED CLAIM FIRST AROSE, IF ANY, TO PSC FOR ACCESS TO OR USE OF THE SITE.
Each User shall defend, indemnify, and hold harmless the State Bar of Arizona from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) arising from or relating to information or services provided, or actions taken, by that User related to the Site. 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.
7. LAW AND JURISDICTION
These Terms and Conditions 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 use of this 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. 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 without limitation attorneys' fees and expert witness' fees), through arbitration, trial and appeal. Any cause of action involving this service or the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
These Terms and Conditions 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. The State Bar of Arizona reserves the right to outsource some or all of the operation of the Site. In the event any provision of these Terms and Conditions 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 and Conditions shall remain in full force and effect.