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.
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to correct or update the Site or the IOLTA.org content and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the Site.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:
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.
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.
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.
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.
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.
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