The following terms and conditions ("Terms and Conditions") govern your use of the World Wide Web Site located at www.philadelphiabarlawyers.org (the "Site"). By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read, understand and agree to these Terms and Conditions, and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms and Conditions, you are not granted permission to use this Site and must exit immediately.
These Terms and Conditions may be changed at any time. Notice of any new or revised Terms and Conditions, as well as the location of the new or revised Terms and Conditions, will be posted on the Site for at least 60 days after the change. It is the obligation of users visiting the Site before the change to learn of changes to the Terms and Conditions since their last visit. Any change to these Terms and Conditions shall be effective as to any visitor who has visited the Site before the change was made.
1. Proprietary Rights
All works of authorship, information, content, and material appearing on or contained in this Site ("Site Materials") are protected by law, including but not limited to, United States copyright law. Except as explicitly stated in the Site, the entirety of the Site Materials (including, without limitation, data, illustrations, graphics, audio, video, photographs, pictures, illustrations, recordings, drawings, sketches, artwork, images, text, forms, and look and feel attributes) are © 2003 Philadelphia Bar Association. All rights reserved. The Philadelphia Bar Association ("PBA") also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, organization and enhancement of the Site Materials.
Removing or altering any copyright notice or any other proprietary notice on any Site Materials is strictly prohibited. Any commercial use of any or all Site Materials, in whole or in part, without the prior written consent of PBA, is prohibited. Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to any Site Materials or any other proprietary information of PBA, without PBA's advance written consent, is prohibited.
Except as explicitly noted in the site, all names, trademarks, service marks, symbols, slogans, and logos appearing on the Site are proprietary to PBA or its licensors. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.
2. Nature of the Internet
Given the nature of the Internet, the transmission of any communication or material to the Lawyer Referral and Information Service of the Philadelphia Bar Association ("LRIS") via the Site or Internet electronic mail, whether encrypted or otherwise, cannot be guaranteed as secure. Alternative to communicating via the Internet or electronic mail, LRIS can be contacted by regular mail at 1101 Market Street, 11th Floor, Philadelphia, PA 19107, or by phone at (215) 238-6333.
3. Privacy Statement
LRIS has a Privacy Statement setting out LRIS's online information gathering and dissemination practices with respect to the Site. Click here to view the Privacy Statement, which is incorporated into these Terms and Conditions by reference, as if set forth fully herein.
4. Disclaimer of Warranty and Liability
THIS SITE, THE SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH ARE MADE AVAILABLE "AS IS" AND "WITH ALL FAULTS." USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK.
LRIS AND PBA MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THIS SITE AND LRIS, THE SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT WITH REGARD TO ANY AND ALL SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE IS WITH YOU. WITHOUT LIMITING THE FOREGOING, LRIS AND PBA MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH REGARD TO THE LEGAL ADVICE OR REPRESENTATION PROVIDED BY LAWYERS WHO ACCEPT REFERRALS FROM THIS SITE.
LRIS AND PBA SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THIS SITE, THE SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, OR THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF LRIS AND PBA TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THIS SITE, THE SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU FOR USE OF THIS SITE.
5. Corrections and Changes
PBA endeavors to keep the Site and Site Materials on, in, and through this Site up-to-date. Without limiting anything else in these Terms and Conditions or otherwise, PBA is not responsible for any errors or omissions in the Site or Site Materials. PBA may make changes to the Site or Site Materials, or to the products, information, or services made available in connection with this Site, at any time with or without notice, and PBA makes no commitment to update the information contained on or in this Site. PBA reserves the right to terminate your access to this Site in the event that you violate these Terms and Conditions or for any reason whatever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.
6. Indemnification
You agree to defend, indemnify, and hold harmless PBA, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including without limitation attorneys' fees and litigation expenses) relating to or arising from this Site, your use of this Site, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms and Conditions.
7. Links to Other Web Sites
This Site may, from time to time, contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. These sites are maintained by organizations over which PBA exercises no control, and PBA expressly disclaims any and all responsibility for the content, the accuracy of the information or quality of products or services provided by or advertised on these third-party sites.
Without limiting anything else in these Terms and Conditions or otherwise, PBA is not responsible for any errors or omissions in the Site or Site Materials, or for the information, links, text, graphics, or other items made available on other Web sites or by third parties.
8. Governing Law and Jurisdiction
These Terms and Conditions, including, without limitation, the Privacy Statement, represent the entire agreement between you and PBA with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW.
9. Miscellany
By accessing, viewing, or using the works, content, or materials on this Site, you consent to the exclusive jurisdiction of the federal and state courts presiding in Philadelphia County, Pennsylvania, and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by PBA from its offices within the United States. Without limiting anything else, PBA makes no representation that the works, content, materials, services, information, or products available on, in, or through the Site are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of PBA to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions. Headings used in these Terms and Conditions, including, without limitation, the Privacy Statement, are for reference only and shall not affect the interpretation of these Terms and Conditions (or the Privacy Statement). The waiver or failure of PBA to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions.
This Site and LRIS is provided as a public service of PBA. The information on this Site shall in no way be construed as legal advice, and LRIS and PBA by administering this Site and making lawyer referrals through this Site, shall in no way be deemed to represent any user in a legal capacity. Lawyers who accept referrals from this Site are not employees of PBA. PBA does not recommend or endorse the services of lawyers referred through or listed on this Site. The information on these pages has been supplied by the lawyers listed, and has not been supplied or altered by PBA.
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Philadelphia Bar Association's Lawyer Referral and Information Service Privacy Statement
This Privacy Statement sets forth the information gathering, use, and dissemination practices of the Lawyer Referral and Information Service of the Philadelphia Bar Association ("LRIS") in connection with the World Wide Web site located at www.philadelphiabarlawyers.org. (the "Site"). This Privacy Statement addresses LRIS's practices regarding information collected only directly through or from the Site it does not address or govern any information gathering, use, or dissemination practices related to information collected other than directly through or from the Site, including, without limitation, from or via telephone, facsimile, postal mail, personal delivery, or other or additional offline means or media. LRIS can be contacted by mail at 1101 Market Street, 11th Floor, Philadelphia, PA 19107, by phone at 215-238-6333, or by e-mail at lris@philabar.org.
1. Collection of Personal Information from Site Visitors
LRIS may collect or track (1) the home server domain names, e-mail addresses, type of client computer, files downloaded, search engine used, operating system, and type of Web browser of visitors to the Site, (2) the e-mail addresses of visitors that communicate with LRIS via e-mail, (3) information knowingly provided by the visitor in online forms, registration forms, surveys, e-mail, and other online avenues (including, without limitation, demographic and personal profile data), and (4) aggregate and user-specific information regarding which pages Site visitors access. When a visitor performs a search within the Site, LRIS may record information identifying the visitor or linking the visitor to the search performed. LRIS may also record limited information for every search request and use that information to solve technical problems with the services available directly or indirectly in connection with the Site and to calculate overall usage statistics.
2. Use of Personal Data Collected
Personal data collected by LRIS may be used by LRIS for many reasons, for example, for editorial and feedback purposes, for a statistical analysis of users' behavior, for product development, for content improvement, for fulfillment of a requested transaction or recordkeeping, or to customize the content and layout of the Site. Aggregate data on visitors' home servers may be used for internal purposes, and individually identifying information, such as names, postal and e-mail addresses, phone numbers, and other personal information which visitors voluntarily provide to LRIS will be added to LRIS's databases and used for follow-up on case referrals. LRIS also may use Site visitor data to contact the Site visitors regarding account status and changes to the subscriber agreement, privacy statement, and any other policies or agreements relevant to Site visitors. LRIS reserves the right to use personal data collected from Site visitors to seek permission from visitors for subsequent releases of personal data.
3. Disclosure of Personal Data to Third Parties
Identifiable or non-identifiable data may be disclosed or distributed to another party for the purposes of software maintenance, or to a third party pursuant to a subpoena, court order, or other form of legal process, in response to a request by or on behalf of any local, state, federal, or other government agency, department, or body, whether or not pursuant to a subpoena, court order, or other form of legal process, or if determined by LRIS in its sole judgment that such disclosure or distribution is appropriate to protect the life, health, or property of LRIS or any other person or entity.
While LRIS may undertake efforts to see that any third party to which LRIS shares or otherwise discloses personal data is under a general ethical or contractual obligation to use the personal data solely for the purposes for which the data was disclosed, such third parties are independent third parties over which LRIS exercises no control, and LRIS is not responsible for their conduct, actions, omissions, or information handling or dissemination practices and LRIS will not be liable therefor. If visitors have questions about the use or dissemination of the information by third parties, they must contact the third parties directly.
This Site may contain links to other World Wide Web sites or advertisements for or placed by third parties. LRIS is not responsible for the privacy practices of such Web sites, advertisers, or third parties, or for the content of such sites or advertisements. It is possible that these links or advertisements, themselves, may be used by third parties or others to collect personal or other information about Site visitors. It is solely the visitors' obligation to review and understand the privacy practices and policies of these other Web sites and of these advertisers and third parties.
4. Security Measures
LRIS has implemented numerous security features to prevent the unauthorized release of or access to personal information. For example, this site is protected by firewall security to deter "hackers" from gaining access to such information, and all credit card transactions over this site are completed using secure transmission lines. Please be advised, however, that the confidentiality of any communication or material transmitted to or from LRIS via this Site or e-mail cannot be guaranteed. Accordingly, LRIS is not responsible for the security of information transmitted via the Internet. Instead of communicating with LRIS via e-mail or the Internet, visitors can contact LRIS by mail at 1101 Market Street, 11th Floor, Philadelphia, PA 19107, or by phone at 215-238-6333.
5. Opt-Out Right
Once a Site visitor submits his or her personally identifiable information, the visitor does not have the opportunity to opt-out of subsequent permitted use of his or her personally identifiable information by LRIS as set forth herein.
6. Access to and Ability to Correct Personal Data
Upon a visitor's request via postal mail, e-mail, or phone, LRIS will provide to the visitor a summary of any personally identifiable information retained by LRIS regarding the visitor, which information has been voluntarily provided to LRIS through a request for information or referral through the site. A visitor may modify, correct, change or update their personally identifiable information by contacting LRIS via postal mail, e-mail, or telephone at the addresses or numbers above.
7. Right to Change Privacy Statement
LRIS may change this Privacy Statement at any time. Notice of any new or revised Privacy Statement, as well as the location of the new or revised statement, will be posted on the Site for at least 60 days after the change. It is the obligation of users visiting the Site before the change to learn of changes to the Privacy Statement since their last visit. Any change to this Privacy Statement shall be effective as to any visitor who has visited the Site before the change was made.
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