Pro Bono New Jersey (probononj.org) Terms of Use

Please read these Terms of Use carefully before using this site.

Acknowledgment of Terms and Conditions of These Terms of Use

Legal Services of New Jersey (“LSNJ”) requires that all persons visiting its Web site (the “Site”) on the Internet adhere to the following terms and conditions of these Terms of Use. By using the Site, you agree to abide by these Terms of Use.

No Legal Advice or Confidentiality

The Site is provided as a resource to the Internet community, and does not constitute legal advice. As legal advice must be tailored to the specific circumstances of each client and matter, and applicable law constantly evolves, nothing provided on the Site should be used as a substitute for the advice of competent counsel. You agree that no attorney-client relationship is formed between you and LSNJ, nor is any statement or material submitted by you to this Site treated as confidential.

Use of the Site and Information and Materials

LSNJ maintains this Site to provide you with information about its products and services and to facilitate communication with you. Product offers, prices, terms and other information provided on the Site are subject to change without notice. We reserve the right to change, update, add or remove portions of the Site, of these Terms of Use, or the information, products or services appearing on the Site at any time. Please check this Site periodically for changes. If you do not wish to be bound by these Terms of Use or any changes, please cease using the Site. The date on which these Terms of Use were last revised is April 4, 2007.

LSNJ reserves the right to terminate or suspend your access to the Site at any time.

Availability of Products and Services/Eligibility

Not all of the products or services described on the Site are available in all geographic areas. You may not be eligible for all the products or services described. We reserve the right to determine eligibility for any product or service.

Privacy

We maintain our users’ personal information, except as required by law or as otherwise specifically agreed, in accordance with LSNJ's Internet Privacy Policy for the Site, http://www.probononj.org/privacy.aspx. We may use non-individually identifiable information you transmit to the Site for any legal purpose, including improving our ability to serve our users.

No Warranties

While we use reasonable efforts to include accurate and up-to-date information on the Site, we make no representations or warranties as to its accuracy. We assume no liability or responsibility for any errors or omissions in the content of the Site.

EXCEPT AS REQUIRED UNDER APPLICABLE LAW, THE INFORMATION AS WELL AS THE PRODUCTS AND SERVICES ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. LSNJ DOES NOT WARRANT THE ADEQUACY OR COMPLETENESS OF THE SITE OR ITS CONTENTS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE SITE OR ITS CONTENTS.

Limitation of Liability

YOU ACKNOWLEDGE THAT LSNJ IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF OR INABILITY TO USE THE SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF LSNJ, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES, LOSSES OR EXPENSES, AND IN THE EVENT OF A FAILURE OF ESSENTIAL PURPOSE, AND REGARDLESS OF THE THEORY OF LEGAL LIABILITY, WHETHER BASED IN TORT, NEGLIGENCE, CONTRACT, OR OTHER THEORY. IN THOSE STATES THAT DO NOT ALLOW THIS EXCLUSION OR LIMITATION OF LIABILITY FOR THE FOREGOING EXCLUDED DAMAGES, LSNJ’S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL LSNJ’S CUMULATIVE LIABILITY TO YOU, FOR THE FOREGOING EXCLUDED DAMAGES AND ANY DIRECT DAMAGES, EXCEED ONE HUNDRED DOLLARS ($100.00).

Links To and From Other Sites

Hyperlinks to other Internet resources are at your own risk; the content, accuracy, opinions expressed, and other links provided by these resources are not verified, monitored or endorsed by LSNJ. LSNJ prohibits caching, unauthorized hypertext links to the Site, and the framing of any content available through the Site.

Your Conduct

You agree not to send any unsolicited commercial electronic mail to users of the Site, not to participate in a denial-of-service attack against the Site or against any other Web site or computer environment by using the Site, not to provide any information on the Site that is inaccurate or misleading, not to attempt to or actually disrupt, impair or interfere with, alter or modify the Site, not to collect or attempt to collect any information of others, including passwords and account or other information, not to provide to or transmit through the Site any material that is unlawful or violates the rights of others, not to engage in any screen scraping or data acquisition and consolidation, not to access any account or information that does not belong to you, and not otherwise to engage in any unlawful or otherwise prohibited activity directly or indirectly related to the Site.

Ownership of Copyright and Trademarks

The copyrights in the Web pages, screens, text and images appearing at the Site, and their arrangement, are owned by LSNJ or others as applicable, and are protected by U.S. and international copyright laws. The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of LSNJ and other parties. You may copy information from the Site for your personal or educational use only, provided that each copy includes any copyright, trademark or service mark notice or attribution, as they appear, on the pages copied. The information and materials and Marks may not otherwise be modified, copied, distributed, transmitted, displayed, or used to create derivative works or otherwise used for any commercial or public purpose without the express written permission of LSNJ.

LSNJ’s Copyright Agent for notice of claims of copyright infringement on or regarding the Site can be reached as follows:

Kathryn Stoppello
Copyright Agent
Legal Services of New Jersey
P.O. Box 1357
Edison, NJ 08818-1357
Phone: 732-572-9100
Fax: 732-572-0066
Email:

Passwords

If LSNJ employs passwords, you may not allow any other person to access the Site using your password, you agree to notify LSNJ if you become aware of any such unauthorized use of your password, and you agree to be responsible for all acts by anyone that accesses the Site with your password.

Indemnification

You agree to indemnify and hold harmless LSNJ from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, LSNJ’s attorneys fees (collectively, the “Losses”), arising out of any breach by you of any of the terms and conditions of these Terms of Use, or any use by you of the Site or transmission by you through the Site. Upon receipt of any third party claim, LSNJ shall have the right to assume the sole defense thereof, at your expense, by representatives chosen by LSNJ. You shall provide LSNJ with such assistance, without charge, as may be requested by LSNJ in connection with any such defense, including, without limitation, providing LSNJ with such information, documents, records and reasonable access to you, as LSNJ shall deem necessary. In no event shall you settle any third party claim or waive any defense without LSNJ’s prior written consent.

Governing Law and Jurisdiction

You agree that your use of this Site, the Terms of Use, and any tort claims arising from your use of the Site or the Terms of Use shall be governed by the laws of the State of New Jersey applicable to contracts made entirely within and wholly performed in the State of New Jersey without regard to conflicts of law principles, and you agree that the sole jurisdiction and venue shall be in the State of New Jersey, except that LSNJ may seek temporary injunctive relief in any venue of its choosing.

Remedies, Waivers and Injunctions

All remedies whatsoever available to LSNJ are cumulative and non-exclusive. No waiver or failure of LSNJ to require performance in any instance shall act as a waiver or bar in any subsequent or other instance. LSNJ shall not be required to post a bond or other security in order to obtain injunctive relief.

Severability, Survival and Binding Effect

If any portion of these Terms of Use is found invalid or unenforceable, all other portions are nonetheless valid and fully enforceable. In the event that these Terms of Use should be terminated or expire for any reason, the sections entitled as follows survive: “Acknowledgment of Terms and Conditions of These Terms of Use”, “No Legal Advice or Confidentiality”, “No Warranties”, “Limitation of Liability”, “Links To/From Other Sites”, “Governing Law and Jurisdiction”, “Remedies, Waivers and Injunctions”, “Severability, Survival and Binding Effect”, and “Entire Agreement”. These Terms of Use shall bind and inure to the benefit of your and LSNJ’s respective successors, assigns, heirs, executors, trustees and administrators.

Entire Agreement

These Terms of Use are the entire agreement between you and LSNJ regarding your use of the Site regardless of any other oral or written understandings and can only be amended by LSNJ in writing.