TERMS OF USE


By accessing or using any of this website of QLaw: The GLBT Bar Association of Washington (“QLaw”), you agree to comply with and be bound by these Terms of Use ("Terms of Use"). If you do not agree to the Terms of Use and the Privacy Policy, you must immediately terminate use of the Website.


1. License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Website conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the website  for your noncommercial personal use and for no other purpose. 


2. License Restrictions.  You may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the website or any portion thereof. Further, you may not (i) use the website for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the website; (ii) interfere with the proper working of the  website including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design; or (iii) interfere with any other person's use and enjoyment of the Website.


3. Your Acceptance; Revisions to Terms of Use. The website is available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and QLaw regarding your use and access to the website. By using the website you agree to the Terms of Use.  QLaw reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the website. Your use of the website signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the website.


4. Personal Login Information. Certain features and areas of the website are available only with registration, login, and/or a paid subscription. If you are required to register and select a unique login and password ("Personal Login Information"), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. 


5. 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 website and not interfere with the use and enjoyment of the website by other users or with the operation and management of the website. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the website. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the website, or defame or otherwise harm any party through your use of the website.


In addition you also agree that you will not use our website to:


(a) upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;


(b) upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);


(c) upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;


(d) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;


(e) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and


(f) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.


6. Proprietary Rights. The content of the website includes, without limitation, (i) QLaw's trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "QLaw Marks"); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Website (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "QLaw Content"). QLaw Content is the property of QLaw and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any QLaw Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the or the owner of such content if the is not the owner.  Any use of the QLaw Marks without QLaw's express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the QLaw Content, including any such notices appearing on any QLaw Content you are permitted to download, transmit, display, print, or reproduce from the website.


7. Responsibility for Use of the Internet and Website and Exclusion of Liability. Use of the Internet and the website 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 website over the Internet or other communication network. QLaw shall not be obligated to correct or update the website or QLaw Content and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the website.


8. No Legal Advice and Disclaimer as to Accuracy of Information. The information on the website and QLaw Content are for informational purposes only, and is not legal advice or a substitute for legal counsel.  The information contained in the website and QLaw Content may or may not reflect the most current legal developments; accordingly, information on the website are 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 website or QLaw Content should be used as a substitute for advice of competent counsel. The materials on the website and QLaw Content do not constitute legal advice and do not necessarily reflect the opinions of QLaw.


9. Third Party Information. The website 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 website are those of the respective third party and not of QLaw. QLaw makes 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.


10. Notice For Claims Of Intellectual Property Or Copyright Infringement; Agent For Notice Of Infringement. The respects 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 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.

Please send to QLaw: The GLBT Bar Association of Washington, P.O. Box 1991, Seattle, WA 98111-1991, or by email at  president@q-law.org


11. Links to Third Party Websites. The Website 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 website, you do so entirely at your own risk.

QLaw provides opportunities for user interaction within its website 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. QLaw is not responsible for content or links posted by others.


12. Links to Websites, Content, Sharing of Content. Links posted by third parties to the website or QLaw Content may not use the QLaw trademark or logo and shall not suggest that QLaw promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, Websites, content, or information. Any links to any portion of the website shall be the responsibility of the linking party. QLaw reserves the right to require any linking party to disable or remove any link that violates QLaw's policies, rights or causes interruption or deterioration of QLaw Content.


13.  Sharing of Content. You may download QLaw Content and other downloadable items displayed on the website for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any QLaw Content for other than personal use is expressly prohibited.


14. Warranties Disclaimed. THE WEBSITE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER QLAW, ITS OFFICERS, BOARD MEMBERS, OR MEMBERS (COLLECTIVELY "QLAW PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE WEBSITE OR QLAW CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE WEBSITE 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 WEBSITE WILL MEET YOUR EXPECTATIONS; OR (iv) QLAW CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE WEBSITE. 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.


15. Exclusion of and Limitation of Liability. THE QLAW 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 WEBSITE AND/OR ANY QLAW CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE WEBSITE AND/OR QLAW 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 WEBSITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (vii) FROM ANY DELAY OR FAILURE OF THE WEBSITE ARISING OUT OF CAUSES BEYOND QLAW'S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE QLAW CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE WEBSITE; (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 WEBSITE OR QLAW CONTENT.  IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS OF USE, THE WEBSITE  AND/OR THE QLAW CONTENT, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE WEBSITE, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT HAS NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY.


16. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the QLaw Parties from and against all claims arising from or in any way related to your use of the website or QLaw Content, a violation by you of these Terms of Use , or any other actions connected with your use of the website or QLaw Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees. QLaw will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the QLaw Parties other than under this Section.


17. Term and Termination. These Terms of Use will take effect at the time you begin using the website. QLaw reserves the right, with or without notice, at any time and for any reason to deny you access to the website or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use the website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the website.


18. Arbitration; Venue. Any controversy or claim (“Claim") you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Seattle, Washington. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of Washington and/or the United States District Court for the Western District of Washington shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE.  QLaw reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.

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  Western District of Washington or any State of court located in King County, Washington.


19. Governing Law. These Terms of Use and all matters regarding your use of the website shall be governed by, construed in accordance with, and enforced under the laws of the State of applicable to contracts made and executed and wholly performed in the State of Washington, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.


20. Waiver and Severability. The failure of to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.


21. Complete Agreement. These Terms of Use, together with any revision, and any additional terms  incorporated by reference, constitutes the entire agreement between you and the relating to the website and its use by you, and supersedes any previous written or oral communication regarding use of the  website.

 

22. 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 website must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.


23. Use of Website and Content outside of the United States.  QLaw makes no claims regarding access or use of the website or the QLaw Content outside of the United States. If you use or access the website or QLaw Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.


24. User Generated Content. We welcome your views, comments and other communications, pictures, trackback URLs, or videos on our website which may include discussion boards, blogs and other services that allow users to provide feedback, comment or content ("User Content"). By contributing User Content to any of the website or social media profiles, users understand and acknowledge that this information is available to the public and grant QLaw a nonexclusive license to display, reproduce, transmit, modify such User Content and that QLaw may use the User Content for internal and external marketing purposes. You are solely responsible for the User Content you submit. QLaw does not approve, endorse, or adopt any User Content, and QLaw assumes no liability for any User Content submitted by you or others. You agree to indemnify QLaw 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 QLaw. All user content is read at your own risk, and QLaw recommends that you not rely on the information or advice in any of these postings. QLaw 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. QLaw also retains the right to ban or block a user from posting on QLaw social media profiles without notice for a pattern of inappropriate postings or as it deems necessary.  You acknowledge, consent and agree that QLaw may access, preserve and disclose your account information and the User Content you have posted by Users of the Services if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in the sole opinion of QLaw to: (a) comply with legal process; (b) respond to claims that any Content violates the rights of third parties; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of QLaw.

This Terms of Use is subject to amendment or modification at any time.



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