Website Terms and Disclaimers

Pennsylvania Association of Criminal Defense Lawyers
 
Section:           Members
Policy:             Website Terms and Disclaimers
Adopted:         February 22,  2018
 
Purpose.  The Pennsylvania Association of Criminal Defense Lawyers (“Association”) has invested substantial resources and time into updating its website.  The purpose of this Website Terms and Disclaimer Policy is to set forth the upload and use of content, certain disclaimers, and the terms and conditions (“Terms”) that govern the use by a visitor or user (“User”) of the website including any information contained on those pages (“Website”).
 
Website Content.  Content and materials on this Website are designed to provide useful background materials and information about the Association.  If a User submits, places, uploads, adds or displays content on the Association’s Website, the User is granting the Association a non-exclusive, worldwide, irrevocable, royalty-free, license to use, reproduce, distribute, transmit, print, adapt, publish, translate and use it in any media. The Association reserves the right to remove and reject any Content from this Website at any time, and for any reason, without notice. “Content” shall mean any audio, video, text, images or other material the User chooses to display on this Website, including in Forum groups. 
 
Disclaimer as to Legal Advice.  The information provided on this Website is not intended to and does not constitute legal advice and does not create an attorney-client relationship between the User and the Association or its members.  Although efforts are made to keep the Website current, it is not guaranteed to be complete or up to date.  Any User viewing information contained on this Website should not act upon it without seeking professional legal counsel from an attorney authorized to practice law in the appropriate jurisdiction or court. 
 
Disclaimer as to Attorney-Client Relationship.  The information on this Website is not an offer or an invitation to create an attorney-client relationship and you should not rely on any information provided on this Website for any legal case.  For legal advice, you should consult with an attorney familiar with your circumstances and seek the advice of counsel in the appropriate jurisdiction.  The member directory on this Website is based upon the written descriptions provided to the Association and should not be relied upon exclusively for the hiring of an attorney.  Every case is different and similar results may not be obtained. 
 
Disclaimer as to Confidentiality and Security. Any information you transmit is not privileged or confidential.  The Association cannot ensure or warrant the security of any information that you transmit via email.  Electronic transmission of information to the Association is done at the User’s risk.
 
Links and Resources of Other Sites.  This Website may contain links to other internet resources.  These links are provided only as a convenience and are not under the Association’s control.  The Association is not responsible for the contents of any linked site, or any link contained in a linked site.
 
Applicability.  These Terms apply in full force and effect to a User’s use of this Website and by using this Website, the User expressly accepts all Terms in full. The User may not use this Website, if the User objects to any of these Website Terms. The Association is permitted to revise these Terms at any time and for any reason.  By using this Website, the User is expected to review such Terms on a regular basis. The Association may assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required to any User.
 
Intellectual Property Rights. If a User places, uploads, adds or submits content to this Website, the User warrants that the content is original, the information is true and accurate to the User’s knowledge, and the content does not violate any existing intellectual property rights, including copyrights, in whole or in part, and does not infringe on any trademark, patent, proprietary, personal, or statutory right of others, and that the Association has the right or permission to use the material and photographs, if any, in the content.   If User’s content has been previously published, in whole or in part, the User shall authorize the content for dissemination by the Association. 
 
Restrictions.  All content must add to the body of knowledge of the criminal defense bar.  Users are  expressly restricted from the following:

1. Posting advertisements (including other providers’ continuing legal education courses without the Association’s prior approval), surveys, chain letters, joke lists, petitions, endorsement of causes, solicitations for employment opportunities, virus warnings, letters related to pyramid schemes, missing persons, once-in-a-lifetime deals, political commentary, commercial offerings, or self-promotional items,
2. Posting defamatory, abusive, profane, threatening, offensive, or illegal materials or language on the Website, 
3. Publishing any Website content in any media,
4. Selling, sublicensing and otherwise commercializing any Website content,
5. Publicly performing and showing any Website content,
6. Using this Website in any way that impacts Users’ access to this Website,
7. Using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity,
8. Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website,
9. Sharing member only information with nonmembers or posting nonmember messages in Forum groups,
10. Providing user identification numbers, membership numbers and passwords that are created or assigned by the User or the Association to access certain areas of the Website, and
11. Using this Website to engage in any advertising or marketing not authorized by the Association.

 
Forums.  The Association, may, at its own discretion, create web-based Forums for Users who are members of the Association with similar interests to network and share posts and other information with members.  Information posted on these Forums is not confidential and comments are subject to libel, slander, and anti-trust laws. Inquiries about the judiciary, police officers, district attorneys and experts are acceptable if they are professional, but discussions and responses regarding those individuals should go off-line. Questions or discussions initiated by Association members about products or services are appropriate as the Association wants to provide a forum for help and recommendations among colleagues.  Announcements of job opportunities in the criminal defense field are welcome.  No User may use a Forum or any part of the Website to invite the entire group to join your social network. Answers to queries posted on a Forum group have not been verified and should not take the place of valid legal research.
 
Disclaimer as to Warranties and Liabilities.  This Website is provided “as is,” and the Association makes no express or implied representations or warranties, of any kind, related to this Website or the content or materials contained on this Website.  The Association shall not be liable for any direct, special, indirect, or consequential loss or damages or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data arising out of or in connection with the use or performance of any content posted.
 
Indemnification.
User agrees to indemnify, defend and hold harmless the Association and its officers, directors, employees and agents from and against all losses, claims, demands causes of action, liabilities including attorneys fees and costs (including without limitation legal expenses and any amounts paid by the Association to a third party in settlement of a claim or dispute on the advice of the Association’s legal advisers) incurred or suffered by the Association arising out of any breach by this Policy or any omission or act taken by a User.
 
Anti-Trust.  A User shall not post any content if it encourages or facilitates others to arrive at any agreement that either expressly or impliedly leads to price fixing, a boycott of another's business, or other conduct intended to illegally restrict free trade.  Content or messages that encourage or facilitate an agreement about the following subjects are inappropriate: prices, discounts, or terms or conditions of sale; salaries; profits, profit margins, or cost data; market shares, sales territories, or markets; allocation of customers or territories; or selection, rejection, or termination of customers or suppliers.
 
Access Termination, Suspension and Restrictions. The Association may not actively monitor the Website for inappropriate postings. However, if any inappropriate posting is brought to the attention of the Association, it will take all appropriate action in response.  The Association reserves the right to suspend or terminate access to any User who does not abide by these Terms or for any other reason without prior notice.  Additionally, certain areas of the Association’s Website are restricted from access by certain Users, typically those who are not members of the Association.  The Association may further restrict access by a User to any areas of this Website, at any time, in its sole and absolute discretion.  
 
Privacy Policy.

1. Personal Information.  Any personal information the User provides to the Association including telephone names, addresses, telephone and facsimile numbers and e-mail addresses will not be released, sold, or rented to any entities or individuals outside of the Association except as part of our membership list on our public-facing website and as noted below.

2. Sharing of Personal Information Collected Through the Web Site. 

 Association Service Providers. 

1. The Association may share your personal information with companies that perform services on the Association’s behalf, for example, companies that process credit card payments. Association service providers are required by contract to protect the confidentiality of the personal information the Association shares with them and to use it only to provide specific services on the Association’s behalf. 
    
2. Business Transfers. 
   A User’s personal information may be transferred to another entity (either an affiliated entity, a related foundation, or an unrelated third party) in connection with a merger, creation of a subsidiary or related organization, reorganization, dissolution or similar corporate event. If such a transfer were to occur, the acquiring entity’s use of the User’s personal information will still be subject to this Privacy Policy. 
    
3. Government and Legal Disclosures 
   The Association may disclose the personal information collected on its Website when the Association, in good faith, believes disclosure is appropriate to comply with the law (or a court order or subpoena); to prevent or investigate a possible crime, such as fraud or identity theft; to enforce Terms that govern the User’s use of this Website; or to protect the rights, property or safety of the Association, members, Users or others.

 
Amendment and Review.  The Association reserves the right to alter, amend or terminate this Policy at any time, with or without notice.  This Policy shall be reviewed every three years by the Executive Committee or sooner if warranted.   
 
Questions.  If you have any questions or comments about the practices of this Website contact: PACDL, 115 State Street, Harrisburg, PA  17101 or pacdl@pacdl.org.