Terms of Service

Contents: (click a section title to jump to that section)

* Your Promises to Us
* Prohibited Activities
* Use of Bulletin Board or Other Information Exchange Service
* Ownership of Content on the DLA Web Site
* Disclosure of Information; Privacy
* Disclaimer of Warranties and Liability
* Indemnification
* Modification
* Termination
* Disputes To Be Resolved by Binding Arbitration
* Notices
* Governing Law
* Nonaction Not a Waiver

The Dartmouth Lawyers Association (DLA) offers its Web site subject to the following terms and conditions and to our Privacy Policy, which is incorporated by reference into these Terms of Service. By using the DLA Web site or the services and features available on our Web site, you agree to these Terms of Service.

IF YOU OBJECT TO ANY PART OF THESE Terms of Service OR BECOME DISSATISFIED WITH THE DLA WEB SITE IN ANY WAY, YOUR SOLE REMEDY AND RECOURSE IS TO IMMEDIATELY STOP USING THE DLA WEB SITE. Your continued use of the DLA Web site constitutes your acceptance of these Terms of Service.

In these Terms of Service, "user" means any person who opens any page of the DLA Web site and the person's agents, successors and assigns. "You" and "your" mean each user. "We", "our" and "us" mean the DLA and its successors and assigns. "Service" "our service" and "this service" mean any service provided within the DLA domain (dla.org) by us or by our licensees.

Your Promises to Us

You represent and warrant that you are 18 years or older, and that you accept full responsibility for any use of our Web site.

You will provide true and correct information about yourself, including your e-mail address, in any registration form at DLA, and once registered you agree to update your registration information within ten (10) days of any change in that information.

You will take reasonable measures to protect your user name and password from being accessed and used by others without your authority.

Prohibited Activities

You agree to use our Web site solely in a manner and for a purpose that is lawful and proper. Uses of our Web site that do not satisfy this requirement include, but are not limited to:

1. Transmission of threatening, abusive, profane, libelous, slanderous, obscene, pornographic or harassing information or materials;
2. Unauthorized copying or transmission of copyrighted, trademarked, or other proprietary material;
3. Forwarding or posting "chain letters" (multiple forwarding) of any type;
4. Propagating or knowingly spreading computer worms or viruses;
5. Falsifying any information posted to our Web site;
6. Sending, or causing a third party to send, large numbers of unsolicited e-mail messages (i.e. "junk mail" or "spam") to users of our Web site, regardless of whether or not messages sent conform with the requirements of state or federal laws governing transmission of unsolicited e-mail messages;
7. Attempting to collect personal information from a minor (defined as an individual less than 18 years of age);
8. Attempting to collect any personal information from users of our Web site without disclosure and consent;
9. Engaging in harassment, sexual in nature or otherwise, whether through language, frequency or size of messages; and
10. You agree not to engage in actions that could adversely affect DLA's operation or reputation, or our ability to provide the DLA Web site to other visitors. These actions include, but are not limited to:
* attempting to circumvent user authentication or other security measures used by us or our Service Provider ("cracking");
* attempting to cancel, supersede, or otherwise interfere with Services being provided to other users;
* attempting to access, copy, change or erase information or data contained on our servers; and
* using an account at another provider to disrupt the operation of our Web site.

Use of Electronic Bulletin Board or Other Information Exchange Service

In order to use the Community Forum, our electronic bulletin board, you must choose a user name by which you will be known to other users. If you wish to keep your identity from other users of the Community Forum, you should choose a user name that does not identify you.

You agree that we, in our sole discretion, may remove any message or posting by you or end your account if we believe that you may have in any way violated these Terms of Service.

We assume no responsibility for the accuracy, currency, completeness or usefulness of information posted by users on our Web site, and we do not endorse any such information.

You must make an independent investigation before making any decision based upon, or in any other way relying upon, any information posted on our Web site.

Although we cannot actively monitor content and data transmitted through, or posted on, our Web site, we will accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works.

Ownership of Content on the DLA Web Site

Content on the DLA Web site is our property or our licensors' property and is protected by the laws of copyright, trademarks, service marks, patents and other property rights. You may display, re-format and print any content you receive through the DLA Web site for your personal, non-commercial use only. You will not re-post, transmit, reproduce, sell, publish, distribute, broadcast, perform, create derivative works from, or in any way commercially exploit any of the content, or infringe on trademarks or service marks displayed or received through the DLA Web site, without our express prior consent in writing.

By posting your words or other content anywhere on the DLA Web site, you grant to us a non-exclusive worldwide, perpetual, royalty-free, non-revocable license under your copyrights or other intellectual property rights, if any, in such material to use, distribute, display, reproduce and create derivative works from such material in any and all media, in whole or part, in any manner, without any duty to account to you. You also grant us the right to authorize the display, downloading and printing of such material, or any part of such material, by end users for their own use.

Disclosure of Information; Privacy

Please see our Privacy Policy.

Disclaimer of Warranties and Liability

THE DLA WEB SITE IS PROVIDED AS IS AND AS AVAILABLE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT.

THE DLA SHALL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND WHATSOEVER, WHETHER DIRECT OR CONSEQUENTIAL, SUFFERED BY ANY PERSON AS A RESULT OF YOUR USE OF THE DLA WEB SITE, INCLUDING WITHOUT LIMITATION DAMAGE RESULTING FROM THE LACK OF AVAILABILITY OF THE WEB SITE OR THE INACCURACY OF INFORMATION CONTAINED ON THE WEB SITE, WHETHER OR NOT SUCH DAMAGE IS CAUSED BY THE DLA's NEGLIGENCE.

YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR NETWORK OR ANY LOSS OF DATA OR SYSTEM AVAILABILITY THAT RESULTS FROM THE USE, UPLOADING OR DOWNLOADING OF INFORMATION FROM THE DLA WEB SITE.

NO INFORMATION OR ADVICE, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM OR THROUGH THE DLA WEB SITE SHALL CONSTITUTE LEGAL ADVICE OR CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE Terms of Service.

Our Web site may include links to other information and sites on the Internet. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY OF THE INFORMATION ON, OR AVAILABILITY OF, SUCH SITES.

Indemnification

You agree to indemnify, defend and hold us harmless from and against any and all liability and costs (including attorneys' fees) incurred by us in connection with any breach by you of these Terms of Service, or any claim arising out of your use of the Service, including without limitation any third-party claim that you have used the DLA Web site in an infringing, illegal or improper manner. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.

Modification

We have the right to modify these Terms of Service. Any modification is effective immediately upon the provision of notice as specified below in "Notices." Your continued use of the DLA Web site following notice of any modification to these Terms of Service shall be conclusively deemed an acceptance of the modification. If you disagree with any modification, your only right is to cease using the DLA Web site.

Termination

We reserve the right to suspend or to terminate the DLA Web site or any person's access to the DLA Web site at any time for any reason.

Disputes To Be Resolved by Binding Arbitration

Any disputes arising out of these Terms of Service shall be submitted to binding arbitration before a single Arbitrator pursuant to the rules of the American Arbitration Association and to be conducted in Hanover, New Hampshire. The Arbitrator's award shall be final, and judgment may be entered in any court having jurisdiction thereof. Each party to such shall share equally in the fees of the arbitration and bear their own attorney's fees except as the arbitrator may determine otherwise. If legal action is required to enforce such arbitration award, the non-prevailing party shall bear the costs and expenses of enforcement incurred by the prevailing party, including the prevailing party's attorneys fees and interest from the date of award at the rate provided by statute for judgments. New Hampshire law will apply to the interpretation of this contract.

Notices

Any notices you send to DLA should be in plain text email sent to dla@dla.org. You may also direct notices to us by postal service at:

Dartmouth Lawyers Association
P.O. Box 5002
Hanover, NH 03755

Any notices provided by the DLA will be sufficient if posted on the DLA Web site or sent by plain text email to the email address shown on your user profile as of the time of notice. You are responsible to maintain and update that email address on your user profile so that it is correct and current at all times.

Governing Law

These Terms of Service constitute the sole and entire agreement between you and us with respect to the DLA Web site and supersedes any other prior agreement. This agreement is entered into in the State of New Hampshire, USA and will be governed by its laws and the intellectual property laws of the United States of America, without regard to conflict of laws provisions. The Federal and state courts of the State of New Hampshire shall have exclusive jurisdiction over all matters relating to your use of the DLA Web site, and you consent to personal jurisdiction in those courts.

Non-Action Not a Waiver

Our failure at any time to exercise any right granted to us by these Terms of Service does not preclude us from acting on them or exercising any right at any subsequent time.

Version 5/15/01

The Dartmouth Lawyers Association thanks member Ken Hall '74 of Financial Services Compliance Network (FSCN) for his contributions in the preparation of this statement of Terms of Service.