TERMS OF USE FOR THE STATE BAR OF ARIZONA ELECTRONIC INFORMATION EXCHANGE SERVICE

THESE TERMS OF USE GOVERN AND CONTROL THE USE OF THE ELECTRONIC INFORMATION EXCHANGE SERVICE PROVIDED BY THE STATE BAR OF ARIZONA. REVIEW THESE TERMS OF USE CAREFULLY. IF YOU DO NOT ACCEPT ALL OF THESE TERMS OF USE IN THEIR ENTIRETY, THEN DO NOT USE THE ELECTRONIC INFORMATION EXCHANGE SERVICE OF THE STATE BAR OF ARIZONA. BY YOUR USE OF THE ELECTRONIC INFORMATION EXCHANGE SERVICE OF THE STATE BAR OF ARIZONA, YOU HEREBY AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE:

  1. Service: The State Bar of Arizona provides its members without charge with services related to the communication and exchange of information in an electronic environment (the "Service"). The Service shall include without limitation the services commonly referred to as "AzBarChat" and "AzCLETracking" and "AzBarForms" and "AzBarList" and "MyAzBar." The use of the Service is voluntary and is governed and controlled by these Terms of Use. Any future modifications or enhancements to the Service shall be subject to theses Terms of Use.
  2. User: The Service is provided to the individual members of the State Bar of Arizona for their personal use (the "User"). The User is solely responsible for their use of the Service and for any person or entity the User permits to use the Service on their behalf. By their use of the Service, the User agrees to be bound by these Terms of Use.
  3. Information: The Service may include the ability of the User to post, send and receive information and materials in audio, graphic, text or video formats (the "Information"). The User is solely responsible for both the Information sent by the User through the Service and for their use of the Information received through the Service. The State Bar of Arizona does not make any claims, representations or warranties as to the accuracy, completeness or quality of the Information.
  4. Monitoring: The Information may be monitored or moderated (the "Monitoring"). The Monitoring shall include without limitation the screening of the Information for content and subject, the order and selection of the Information communicated and exchanged through the Service, and the deletion and removal of Information from the Service. The State Bar of Arizona shall be under no responsibility whatsoever to monitor or moderate the Information.
  5. Tracking: The Service may include the ability of the User to compile, store and track information and materials regarding continuing legal education (the "Tracking"). The User is solely responsible for their use of the Tracking. The Tracking is not a substitute for either the maintenance or preservation of records evidencing participation in continuing legal education or the timely filing of continuing legal education compliance documentation. The State Bar of Arizona hereby disclaims any and all responsibility for the compliance of the User with Mandatory Continuing Legal Education Requirements.
  6. Content: The Service include hyperlinks or other means by which to access websites of third-parties not under the control of the State Bar of Arizona that contain content and material including without limitation commentary, documents, fiction, forms, news, nonfiction and other works of art (the "Content"). The User is solely responsible for their selection and use of the Content. The State Bar of Arizona hereby disclaims any and all responsibility for the accuracy, adequacy, completeness, content and subject of the Content.
  7. Licenses: The State Bar of Arizona hereby grants the User with a personal, nonexclusive, nontransferable and revocable license to use the Service. The State Bar of Arizona reserves, and the User hereby disclaims, all rights to and titles in the Service including without limitation all copyrights, patents, trademarks and trade secrets. The User hereby grants the State Bar of Arizona, and its agents, with a perpetual and irrevocable and worldwide license without charge both to copy, edit, display, distribute, perform, reformat, reproduce, translate, transmute and create derivative works in any format from the Information and to identify the User as the source of the Information.
  8. Scope: The State Bar of Arizona reserves the right to establish terms, limitations, restrictions and scope of the Service (the "Scope"). The Scope includes without limitation the format in which the Information may be exchanged through the Service, the maximum amount of Information the User may exchange through the Service, and the maximum number of individuals who may simultaneously use the Service. The State Bar of Arizona may modify the Scope at any time without prior notice. Violation of the Scope may result in the restriction, suspension or termination of either the Service or the use of the Service by the User without prior notice.
  9. Performance: The State Bar of Arizona does not guarantee the performance or the availability of the Service either at a particular time or for a particular purpose. The State Bar of Arizona reserves the right in its sole discretion to amend, limit, modify, suspend or terminate the Service without prior notice.
  10. Applications: The Service may include certain computer software applications designed to enhance, limit or protect the Information and the Service (the "Applications"). The Applications may include without limitation a computer software application designed to prevent the unauthorized access of the Service and a computer software application designed to scan for, contain and prevent the receipt and transmission of computer viruses or other harmful or destructive elements. The User both acknowledges that security is an important component of the Service and that even a comprehensive security system can not prevent a security breach incident and acknowledges that the receipt and transmission of some or all computer viruses or other harmful or destructive elements can not be prevented. The User both agrees to not breach, modify, attempt to breach, or attempt to modify the Applications and agrees to notify the State Bar of Arizona immediately upon the determination of a breach of the Applications. In response to a breach or attempted breach of the Applications, the State Bar of Arizona may in its sole discretion restrict, suspend or terminate either the Service or the use of the Service by the User without prior notice.
  11. WARRANTIES. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. THE STATE BAR OF ARIZONA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY FOR A PARTICULAR PURPOSE. THE STATE BAR OF ARIZONA DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND WHATSOEVER EITHER RESULTING FROM OR ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICE.
  12. LIMITATION OF LIABILITY. THE STATE BAR OF ARIZONA SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICE. THE STATE BAR OF ARIZONA SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) EITHER RESULTING FROM OR ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICE REGARDLESS OF THE THEORY OF LIABILITY. THIS LIMITATION SHALL APPLY EVEN IF THE STATE BAR OF ARIZONA HAS BEEN EITHER ADVISED OF OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
  13. INDEMNIFICATION: THE USER SHALL DEFEND AND INDEMNIFY AND HOLD HARMLESS THE STATE BAR OF ARIZONA FROM ANY AND ALL CLAIMS RESULTING FROM OR ARISING OUT OF OR IN ANY WAY RELATED TO THE INFORMATION SENT BY THE USER. 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 AND EXPENSES AND FEES OF ITS DEFENSE FROM THE USER.
  14. Ethics: The User represents and warrants that they will not use the Service for any unethical, unlawful or unauthorized purpose. The conduct of the User and their use of the Service are governed and controlled by the Rules of Professional Conduct. Such Rules of Professional Conduct include without limitation the rules relating to the solicitation of clients and the unauthorized practice of law and the misrepresentation of fact. The State Bar of Arizona hereby disclaims any and all responsibility for the compliance of the User with the Rules of Professional Conduct.
  15. Investigation: The State Bar of Arizona reserves the right in its sole discretion to investigate complaints or reports of any violation of these Terms of Use and to take any action it deems appropriate in response thereto including without limitation the restriction, suspension or termination of the use of the Service by the User and the reporting of such violation to law enforcement or regulatory officials. The State Bar of Arizona further reserves the right to provide such officials with any information it has collected in the course of its investigation including without limitation individual profiles, electronic mail addresses, usage histories, posted materials and Internet Protocol addresses.
  16. Law and Jurisdiction: These Terms of Use 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 resulting from or arising out of or in any way related to the 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. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction over thereof. 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 reasonable attorneys' fees and expert witness' fees) through arbitration and trial and appeal. Any cause of action involving the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
  17. Miscellaneous: These Terms of Use may be modified only by the State Bar of Arizona. The headings used at the beginning of each paragraph are provided only for the convenience of the parties and are not intended to modify or supplement the terms and conditions therein. In the event that any provision of these Terms of Use 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 of Use shall remain in full force and effect.
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