Terms of Use

Introduction
LEGAL SERVICES OF NEW JERSEY (LSNJ) REQUIRES THAT ALL PERSONS VISITING THIS WEBSITE (SITE) ADHERE TO THE FOLLOWING TERMS AND CONDITIONS (TERMS OF USE). BY USING THIS SITE YOU EXPRESSLY AGREE TO ACCEPT AND ABIDE BY THESE TERMS OF USE. At its discretion, LSNJ reserves the right to post changes to these Terms of Use, and users agree to periodically review these Terms of Use for posted changes. Users who continue to use this site hereby expressly accept such subsequent changes. Failure to abide by the Terms of Use may result in termination of rights to access this site with or without notice to the user.

At its sole discretion, LSNJ reserves the right to change, update, add or remove the content on, or any portion of this site without notice to users.

Legal Services of New Jersey Ownership of Website
This site is owned and maintained by LSNJ for the use of pro bono attorneys, other professionals, law students and participating organizations. Participating Organizations are those which use pro bono attorneys, other professionals, law students, and ancillary support persons, to provide legal assistance to clients of those organizations with incomes below 250% of the federal poverty level. Except as otherwise noted elsewhere on this site, all information, text, graphics, videos, photographs, and images presented on this site are the property of LSNJ.

Registration on Website
Access to particular content on this site requires that users or their authorized represent others from participating organizations, register for such access.  Registration requires providing accurate, current and complete information. It is the users’ responsibility to update any changes to such information. LSNJ is not responsible for inaccurate or incomplete information provided by users or for the loss of any information or data resulting from the users’ failure to fully provide the required registration information. If an authorized represent also registers a user, that representative warrants that they have the authority to do from the user.

Website registration requires users to choose a password and user name. Registered users are responsible for the confidentiality of their password and account, and for all of their account activities. Registered users agree to immediately notify LSNJ of any unauthorized use of their account, and further  agree to be responsible for all acts by anyone who accesses this site through the registered users’ password and account.

Privacy
LSNJ takes reasonable efforts to preserve the privacy of all personal information supplied by registered users, except as otherwise provided by law, or as agreed to in accordance with the LSNJ Privacy Policy, and as supplemented by these Terms of Use.  Registered users of this site are understood to have read and agree to the LSNJ Privacy Policy.

LSNJ will make all reasonable efforts to prevent non-registrants from having access to information available only to registered users and participating organizations. All information required to complete the registration process is subject to the Privacy Policy.

LSNJ uses “cookies” to identify users and their access privileges, and to track usage. LSNJ may collect and use non-individually identifiable information for any legal purpose, including the ability of LSNJ to improve this site.

Any changes to the Privacy Policy will be posted on this site.

No Legal Advice
The information and materials provided through this site are for informational purposes only and do not constitute legal advice. Legal advice is different from legal information and must be tailored to the specific circumstances of each client and matter, and to applicable law. LSNJ makes no claims about the accuracy of information provided on this site and is not responsible for information, materials, opinions, views, statements or recommendations that are untruthful, incomplete, inaccurate or not current. This includes all content provided through the Resource Center(R-Center), subject matter forums listserves and blogs, participating organizations, registered users and all other sources on this site. 

No attorney-client relationship is created by use of this site. Use of this site does not constitute an agreement to provide any legal services by or for any registered user or visitor to this site.

Use of Site
LSNJ maintains this site as a resource for the New Jersey legal community for information about pro bono service and activities, in order to provide free legal assistance to financially eligible clients. No registered user of participating organization on this site may use it for any other purpose, unlawful or otherwise, or for any purpose prohibited by these Terms of Use. Without limitation of the foregoing, registered users and participating organizations agree NOT:

• To use any feature of this site for any purpose that constitutes a criminal or civil wrong, including conduct that is tortious, abusive, intrusive of privacy of another, harassing, libelous, defamatory, obscene, threatening, hateful or violates the rights of others;
• To provide any information on this site that is knowingly inaccurate or misleading;
• To attempt to or actually disrupt, impair, impede, interfere with, alter or modify any operations on this site, including but not limited to uploading, posting, e-mailing or otherwise transmitting viruses or other computer code, files or programs;
• To upload, post or otherwise distribute any information or other material that is protected by copyright or other property rights without first obtaining permission of the holder of such rights, or to remove any notice of copyright, trademark or other indication of a proprietary right; 
• To send unsolicited electronic commercial communications to other users of this site, or to use this site for any commercial purpose not specifically approved by LSNJ including, but not limited to advertising, solicitations, and self-promotional materials;
• To deny or restrict access to this site by participating any denial-of-service attacks against this site or against any other website or computer environment by using this site;
• To collect or store personal information about other registered users;
• To access any other account or information that does not belong to the registered user, unless with prior permission of the account holder.

Confidentiality
Registered users and participating organizations are responsible for preserving the confidentiality of client information pursuant to applicable court rules and state and federal laws. Registered users and participating organizations agree not to post or otherwise provide information that identifies or allows for the identification of their clients or cases. LSNJ will take all reasonable steps to ensure that access to those parts of this site requiring registration are limited to registered users. Registered users are cautioned that information they post on the site may be accessible by other registered users, including adversaries, and this can result in loss of attorney-client confidentiality and the attorney-client privilege.  LSNJ is not responsible for any waiver of confidentiality or loss of the attorney-client privilege through the failure of any registered user and participating organizations to properly adhere to all rules and laws governing the preservation of client confidences.

Posting of Information and Materials
Registered users and participating organizations are encouraged to post information and materials of interest to the pro bono community on this site. Content on this site may be provided by LSNJ, participating organizations, registered users, and from public and other sources. Because information, content, opinions and materials (hereafter, content and materials) on this site are not necessarily those of LSNJ, LSNJ makes no representations or warranties regarding such information and materials. All those agreeing to or posting, publishing, or otherwise displaying information and materials on this site represent and warrant that they own or have the right to grant permission for such postings, and that doing so does not violate any rights of others, including but not limited to property rights and privacy rights. Further, the posting of information and materials on this site by all organizations and registered users grants to LSNJ a limited license to use, modify, publicly display, reproduce and distribute such information and materials without payment of royalties or payment of any kind to those posting or to third parties.

Information about participating organizations are provided by such organizations and posted on this site at their request on the organization’s profile page (Profile Page). The organizational Profile may include descriptions of the participating organization and its mission, trainings conducted by the organization, highlighted attorneys and others, videos, and summaries of selected cases for which pro bono assistance are being sought.  No participating organization is permitted to post information comparing its services with those of other participating organizations.

At its sole discretion, LSNJ reserves the right to change, update, add or remove the content on, or any portion of this site without prior notice to users. LSNJ also reserves the right to edit, delete or refuse to post materials and information, including videos, submitted by participating organizations or registered users. LSNJ assumes no liability for any information that is changed, deleted or removed from this site.

Pro Bono Opportunities
This site contains information provided by participating organizations about cases or matters requiring legal assistance that they would like to refer to pro bono attorneys (Pro Bono Opportunities). Registered users can utilize this site to learn about pro bono opportunities, and can link with participating organizations for more information about particular cases and to volunteer to take cases directly from them. Participating organizations are solely responsible for all information they post about their respective pro bono opportunities. Registered users and participating organizations agree that LSNJ shall not be liable for any use of this site to receive information about and accept pro bono opportunities from participating organizations. Participating organizations and registered users agree to indemnify and hold harmless LSNJ for any claims, proceedings or actions arising from the Pro Bono Opportunities section of this site, and for any relationships, including but not limited to attorney-client relationships, that develop between registered users, participating organizations and individuals, groups or businesses resulting from use of this site.

Participating on Forums and Blogs
Part of this site is designed to encourage and facilitate real-time communications between registered users (Forums) and through the postings of blogs. Participation on these Forums and through blogging is voluntary and the opinions, views, messages, and information so expressed are those of the participants only. LSNJ reserves the right to take comments and information posted on Forums and blogs for use on other parts of this site. LSNJ does not guarantee the accuracy, completeness, currency, reliability or truthfulness of communications expressed on any of the site’s Forums or blogs. LSNJ reserves the right to remove any postings it deems, in its sole discretion, inappropriate or detrimental to the site or its purposes.

Registered users who participate on Forums or through blogging must maintain the confidentiality of client information and all other information required to be confidential.  LSNJ  is not obligated and does not regularly review or monitor listserves or blog postings. LSNJ assumes no liability for any violations by Forums or blog participants of the Terms of Use or any law, rule or regulation.

Linking to Other Websites
This site contains links to external websites not maintained or supported by LSNJ. Such websites are governed by their own terms of use. Registered users who link to external websites do so at their own risk. The content and accuracy of information, materials, opinions and views contained on other websites are not verified, monitored, approved or endorsed by LSNJ. Further, LSNJ is not responsible for any other links contained on external websites.

No Warranties
EXCEPT AS REQUIRED BY APPLICABLE LAW, INFORMATION, MATERIALS, OPINIONS AND OTHER CONTENT ON THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. THIS INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LSNJ DOES NOT WARRANT THE ADEQUACY OR COMPLETENESS OF THIS SITE OR ITS CONTENTS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE SITE OR ITS CONTENTS.

Limitations of Liability
ALL USERS OF THIS SITE 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 ACCESS TO, USE OF, OR INABILITY TO USE THIS SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR DESTRUCTIVE CODE, OR LINE OR SYSTEM FAILURE, EVEN IF LSNJ OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY 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. EACH USER OF THIS SITE EXPRESSLY WAIVES ANY AND ALL CLAIMS IN CONNECTION WITH THEIR USE OF THE SITE AND FOR INFORMATION, MATERIALS AND OTHER CONTENT OBTAINED FROM THE SITE WHETHER PROVIDED BY LSNJ OR ANY USER.

Indemnification
ALL PARTICIPATING ORGANIZATIONS AND REGISTERED USERS OF THIS SITE AGREE TO INDEMNIFY AND HOLD HARMLESS LSNJ FROM AND AGAINST ANY 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 THE REGISTERED USER USER OR PARTICIPATING ORGANIZATION OF ANY OF THE TERMS OF USE AND CONDITIONS OF THE TERMS OF USE, OR OF ANY USE BY REGISTERED USERS OR PARTICIPATING ORGANIZATIONS OF THE SITE OR TRANSMISSION BY THEM THROUGH THE SITE. UPON RECEIPT OF ANY THIRD PARTY CLAIM ARISING FROM THE CONDUCT OF A REGISTERED USERS OR PARTICIPATING ORGANIZATIONS IN VIOLATION OF THE TERMS OF USE, LSNJ SHALL HAVE THE RIGHT TO ASSUME THE SOLE DEFENSE THEREOF, AT THE REGISTERED USER'S OR PARTICIPATING ORGANIZATION'S EXPENSE, BY REPRESENTATIVES CHOSEN BY LSNJ, AND THE REGISTERED USERS OR PARTICIPATING ORGANIZATIONS SHALL PROVIDE LSNJ WITH SUCH ASSISTANCE, WITHOUT CHARGE AS MAY BE REQUESTED BY LSNJ IN CONNECTION WITH SUCH DEFENSE. IN NO EVENT MAY THE REISTERED USER OR PARTICIPATING ORGANIZATION SETTLE ANY THIRD PARTY CLAIM OR WAIVE ANY DEFENSE WITHOUT THE PRIOR WRITTEN CONSENT OF LSNJ.

Severability
If any portion of these Terms of Use is determined to be unlawful, invalid or unenforceable, that portion is severed and shall not affect the lawfulness, validity or enforceability of any other portion.

Remedies and Waivers
All remedies available to LSNJ are cumulative and non-exclusive. No waiver or failure to require performance in any instance shall act as a waiver or bar in any subsequent or other instance.

Force Majeure
LSNJ shall not be liable for the failure to comply with any of its obligations under the Terms of Use due directly or indirectly to any dispute, war, acts of terrorism, earthquake, fire, flood, explosion, act of God, or any other event beyond the direct or indirect control of LSNJ.

Governing Law and Jurisdiction
The use of this site, Terms of Use, Privacy Policy, and any claims arising from the forgoing shall be governed by the laws of the State of New Jersey.